[JPRT, 110th Congress]
[From the U.S. Government Publishing Office]
COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on Foreign Relations Through 2005
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15
JOINT COMMITTEE PRINT
MAY 2008
VOLUME II-A
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Legislation on Foreign Relations Through 2005--Volume II-A of Volumes
II-A and II-B
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COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2005
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15
MAY 2008
VOLUME II-A
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2008
27-332 PS
_______________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Printing
Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area
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COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ROBERT WEXLER, Florida DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts STEVE CHABOT, Ohio
GREGORY W. MEEKS, New York THOMAS G. TANCREDO, Colorado
DIANE E. WATSON, California RON PAUL, Texas
ADAM SMITH, Washington JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
JOHN S. TANNER, Tennessee JOE WILSON, South Carolina
GENE GREEN, Texas JOHN BOOZMAN, Arkansas
LYNN C. WOOLSEY, California J. GRESHAM BARRETT, South Carolina
SHEILA JACKSON LEE, Texas CONNIE MACK, Florida
RUBEN HINOJOSA, Texas JEFF FORTENBERRY, Nebraska
JOSEPH CROWLEY, New York MICHAEL T. McCAUL, Texas
DAVID WU, Oregon TED POE, Texas
BRAD MILLER, North Carolina BOB INGLIS, South Carolina
LINDA T. SANCHEZ, California LUIS G. FORTUNO, Puerto Rico
DAVID SCOTT, Georgia GUS BILIRAKIS, Florida
JIM COSTA, California VACANT
ALBIO SIRES, New Jersey
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
BARBARA LEE, California
Robert R. King, Staff Director
Yleem Poblete, Republican Staff Director
______
COMMITTEE ON FOREIGN RELATIONS
JOSEPH R. BIDEN, Jr., Delaware, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin NORM COLEMAN, Minnesota
BARBARA BOXER, California BOB CORKER, Tennessee
BILL NELSON, Florida GEORGE V. VOINOVICH, Ohio
BARACK OBAMA, Illinois LISA MURKOWSKI, Alaska
ROBERT MENENDEZ, New Jersey JIM DeMINT, South Carolina
BENJAMIN L. CARDIN, Maryland JOHNNY ISAKSON, Georgia
ROBERT P. CASEY, Jr., Pennsylvania DAVID VITTER, Louisiana
JIM WEBB, Virginia JOHN BARRASSO, Wyoming
Antony J. Blinken, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
(ii)
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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 Foreign Affairs 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 (A and B), 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 be revised as
necessary.
We wish to express our appreciation to Dianne E. Rennack
and Matthew C. Weed of the Foreign Affairs, Defense, and Trade
Division of the Congressional Research Service of the Library
of Congress and Suzanne Kayne of the U.S. Government Printing
Office who prepared volume II-A of this year's compilation.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
Joseph R. Biden, Jr.,
Chairman, Committee on Foreign Relations.
May 23, 2008.
(iii)
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EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2005.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of January 11, 2006.
Corrections may be sent to Dianne E. Rennack at Library of
Congress, Congressional Research Service, Washington D.C.,
20540-7460, or by e-mail at drennack@crs.loc.gov.
(v)
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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.
R.S......................................... Revised Statutes.
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.
(vi)
C O N T E N T S
----------
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
D. DEPARTMENT OF STATE........................................... 1
1. Authorizations and Appropriations............................ 5
2. Organization and Administration.............................. 706
3. Diplomatic Security and Anti-Terrorism....................... 1020
4. Passport Laws and Regulations................................ 1213
5. International Religious Freedom Act of 1998 (Public Law 105-
292)......................................................... 1263
6. Foreign Service Buildings.................................... 1299
7. International Center Act (Public Law 90-553, as amended)..... 1314
8. Foreign Gifts and Decorations................................ 1318
9. Immigration, Migration, and Refugee Assistance............... 1333
10. Recognition by the United States of Foreign Governments
(Senate Resolution 205, 91st Congress)....................... 1421
11. The Asia Foundation Act (Public Law 98-164) (partial text)... 1422
E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.... 1424
1. United States Information and Educational Exchange Act and
Related Materials............................................ 1427
2. Mutual Educational and Cultural Exchange Act and Related
Materials.................................................... 1557
3. Vietnam Education Foundation Act of 2000 (Public Law 106-554)
(partial text)............................................... 1595
4. Irish Peace Process Cultural and Training Program Act of 1998
(Public Law 105-319) (partial text).......................... 1602
5. Caribbean and Central America Scholarship Assistance (Public
Law 101-382) (partial text).................................. 1605
6. United States Scholarship Progam for Developing Countries
Authorization, Fiscal Years 1986 and 1987 (Public Law 99-93)
(partial text)............................................... 1608
7. National Endowment for Democracy Act (Public Law 98-164)
(partial text)............................................... 1615
8. Fascell Fellowship Act (Public Law 99-399) (partial text).... 1622
9. Soviet, Former Soviet, Eastern European Education and
Training Programs............................................ 1626
10. United States-India Programs................................. 1644
11. Dante B. Fascell North-South Center Act of 1991 (Public Law
102-138) (partial text)...................................... 1647
12. Center for Cultural and Technical Interchange Between East
and West Act (Public Law 86-472) (partial text).............. 1649
13. Japan-United States Friendship Act (Public Law 94-118)....... 1651
14. Exchange of Materials and Objects............................ 1658
15. Convention on Cultural Property Implementation Act (Public
Law 97-446) (partial text)................................... 1664
16. United States Recognition and Participation in International
Expositions (Public Law 91-269).............................. 1680
17. International Broadcasting................................... 1684
18. Radio Free Afghanistan Act (Public Law 107-148).............. 1733
19. Radio Free Asia Act of 1998 (Public Law 105-261) (partial
text)........................................................ 1735
20. Broadcasting to Cuba......................................... 1737
21. Commission on Security and Cooperation in Europe............. 1755
APPENDICES....................................................... 1761
INDEX............................................................ 1805
=======================================================================
D. DEPARTMENT OF STATE
CONTENTS
Page
1. Authorizations and Appropriations............................. 5
a. Establishment of the Department of State (Act of July 27,
1789; 22 U.S.C. 2651 et seq.)............................ 5
b. State Department Basic Authorities Act of 1956, as amended
(Public Law 84-885)...................................... 7
c. 9/11 Commission Implementation Act of 2004 (Public Law
108-458) (partial text).................................. 94
d. Global Anti-Semitism Review Act of 2004 (Public Law 108-
332)..................................................... 141
e. Northern Uganda Crisis Response Act (Public Law 108-283).. 144
f. Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228)..................................... 148
g. United States-Macau Policy Act of 2000 (Public Law 106-
570) (partial text)...................................... 214
h. Pacific Charter Commission Act of 2000 (Public Law 106-
570) (partial text)...................................... 217
i. Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (Public Law
106-113) (partial text).................................. 221
j. Rewards for Information Concerning Violations of
International Humanitarian Law--Former Yugoslavia and
Rwanda (Public Law 105-323) (partial text)............... 271
k. Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (Public Law 105-277) (partial text)................. 274
l. Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) (partial text)................. 316
m. Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (Public Law 102-138) (partial text)................. 403
n. International Peacekeeping Act of 1992 (Public Law 102-
311) (partial text)...................................... 451
o. Foreign Relations Persian Gulf Conflict Emergency
Supplemental Authorization Act, Fiscal Year 1991 (Public
Law 102-20) (partial text)............................... 452
p. Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (Public Law 101-246) (partial text)................. 454
q. Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (Public Law 100-204) (partial text)................. 505
r. Foreign Relations Authorization Act, Fiscal Years 1986 and
1987 (Public Law 99-93) (partial text)................... 568
s. Department of State Authorization Act, Fiscal Years 1984
and 1985 (Public Law 98-164) (partial text).............. 591
t. Department of State Authorization Act, Fiscal Years 1982
and 1983 (Public Law 97-241) (partial text).............. 609
u. Department of State Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60) (partial text)............... 619
v. Foreign Relations Authorization Act, Fiscal Year 1979
(Public Law 95-426) (partial text)....................... 626
w. Foreign Relations Authorization Act, Fiscal Year 1978
(Public Law 95-105) (partial text)....................... 645
x. Foreign Relations Authorization Act, Fiscal Year 1977
(Public Law 94-350) (partial text)....................... 655
y. Foreign Relations Authorization Act, Fiscal Year 1976
(Public Law 94-141) (partial text)....................... 660
z. State Department/USIA Authorization Act, Fiscal Year 1975
(Public Law 93-475) (partial text)....................... 662
aa. Department of State Appropriations Authorization Act of
1973 (Public Law 93-126) (partial text).................. 664
bb. Foreign Relations Authorization Act of 1972 (Public Law
92-352) (partial text)................................... 667
cc. Department of State Appropriations....................... 671
(1) Department of State and Related Agency Appropriations
Act, 2006 (Public Law 109-108) (partial text).......... 671
(2) Emergency Supplemental Appropriations To Address
Hurricanes in the Gulf of Mexico and Pandemic
Influenza, 2006 (Public Law 109-148) (partial text).... 687
(3) Department of State and Related Agency Appropriations
Act, 2005 (Public Law 108-447) (partial text).......... 691
(4) Department of State and Related Agency Appropriations
Act, 2004 (Public Law 108-199) (partial text).......... 693
(5) Department of State and Related Agency Appropriations
Act, 2003 (Public Law 108-7) (partial text)............ 695
(6) Department of State and Related Agencies
Appropriations Act, 1999 (Public Law 105-277) (partial
text).................................................. 696
(7) Department of State Appropriations Act, 1995 (Public
Law 103-317) (partial text)............................ 701
(8) Department of State Appropriations Act, 1988 (Public
Law 100-202) (partial text)............................ 704
2. Organization and Administration............................... 706
a. Foreign Service Act of 1980 (Public Law 96-465)........... 706
b. Department of State Authorities (Public Law 109-140)
(partial text)........................................... 871
c. Foreign Affairs Agencies Consolidation Act of 1998 (Public
Law 105-277) (partial text).............................. 873
d. International Postal Arrangements; Postal Services at
Diplomatic Posts (39 U.S.C. 407, 413).................... 900
e. Foreign Service Retirement Amendments of 1976 (Public Law
94-350) (partial text)................................... 902
f. Coordination Procedures--U.S. Diplomatic Missions
(Executive Order 10338).................................. 907
g. The Foreign Service of the United States (Executive Order
12293)................................................... 909
h. Order of Succession Within the Department of State
(Executive Order 13251).................................. 913
i. Interdepartmental Operations of the U.S. Government
Overseas................................................. 915
(1) Foreign Intelligence Surveillance (Public Law 95-511) 915
(2) U.S. Intelligence Activities (Executive Order 12333). 957
(3) President's Foreign Intelligence Advisory Board
(Executive Order 12863)................................ 978
(4) Foreign Intelligence Physical Searches (Executive
Order 12949)........................................... 981
(5) Strengthened Management of the Intelligence Community
(Executive Order 13355) (partial text)................. 982
j. International Agreements.................................. 984
(1) Compilation and Transmittal of International
Agreements--(1 U.S.C. 112a and 112b)................... 984
(2) Coordination and Reporting of International
Agreements (22 CFR 181)................................ 988
(3) Implementation of Human Rights Treaties (Executive
Order 13107)........................................... 997
(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)................ 1000
k. Textile Trade Agreements (Executive Order 11651).......... 1001
l. United States Institute for Peace Act (Public Law 98-525)
(partial text)........................................... 1003
m. National Academy of Peace and Conflict Resolution (Title
XV, Part B of Public Law 95-561)......................... 1017
3. Diplomatic Security and Anti-Terrorism........................ 1020
a. International Terrorism, Torture, and War Crimes (18
U.S.C.).................................................. 1020
b. Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) (partial text)...................... 1054
c. Enhanced Border Security and Visa Entry Reform Act of 2002
(Public Law 107-173) (partial text)...................... 1063
d. Uniting and Strengthening America By Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT) Act (Public Law 107-56)......................... 1082
e. Condemnation of Terrorist Attacks (Public Law 107-39)..... 1099
f. Omnibus Diplomatic Security and Antiterrorism Act of 1986
(Public Law 99-399) (partial text)....................... 1101
g. Payment of Certain Anti-Terrorism Judgments (Public Law
106-386) (partial text).................................. 1148
h. Secure Embassy Construction and Counterterrorism Act of
1999 (Public Law 106-113) (partial text)................. 1151
i. Information on Violent Crimes Abroad (Public Law 105-107)
(partial text)........................................... 1159
j. Sense of Senate Regarding Act of International Terrorism
(Public Law 104-264) (partial text)...................... 1161
k. Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132) (partial text)...................... 1162
l. Torture Victim Protection Act of 1991 (Public Law 102-256) 1177
m. Biological Weapons (18 United States Code)................ 1179
n. Anti-Terrorism and Arms Export Amendments Act of 1989
(Public Law 101-222) (partial text)...................... 1187
o. Anti-Terrorism Act of 1987 (Public Law 100-204) (partial
text).................................................... 1188
p. Achille Lauro Hijackers and Other Terrorists: Demand for
Apprehension, Prosecution and Punishment (Public Law 99-
177) (partial text)...................................... 1191
q. 1984 Act to Combat International Terrorism (Public Law 98-
533)..................................................... 1192
r. Hostage Relief Act of 1980 (Public Law 96-449)............ 1198
s. Hostage Relief Act--Delegation of Authority (Executive
Order 12268)............................................. 1206
t. Interagency Security Committee (Executive Order 12977).... 1207
u. Further Strengthening the Sharing of Terrorism Information
To Protect Americans (Executive Order 13388)............. 1210
4. Passport Laws and Regulations................................. 1213
a. Protection of Citizens Abroad (Act of July 27, 1868)...... 1213
b. Passport Authority........................................ 1214
(1) Secretary of State's Passport Authority (Act of July
3, 1926) (partial text)................................ 1214
(2) Delegation of Authority (Executive Order 11295)
(partial text)......................................... 1216
(3) Nationality and Passport Regulations (22 CFR 50
through 53)............................................ 1218
c. Passport Limitations...................................... 1250
(1) Allegiance to the United States (Act of July 14,
1902).................................................. 1250
(2) Application for Passport (Act of June 15, 1917)
(partial text)......................................... 1251
(3) Fees (Act of June 4, 1920) (partial text)............ 1252
(4) Ten Year Validity of Passport (Act of July 3, 1926)
(partial text)......................................... 1254
d. Travel Documentation of Aliens and Citizens (Immigration
and Nationality Act of 1952) (partial text).............. 1255
e. Criminal Provisions....................................... 1257
(1) Punishable Violations (18 U.S.C. 1541 through 1546)
(partial text)......................................... 1257
(2) Statute of Limitations (18 U.S.C. 3291).............. 1262
5. International Religious Freedom Act of 1998 (Public Law 105-
292)......................................................... 1263
6. Foreign Service Buildings..................................... 1299
a. Foreign Service Buildings Act, 1926, as amended (Public
Law 69-186).............................................. 1299
b. The Act of May 25, 1938 (Public Law 75-543)............... 1308
c. The Act of July 25, 1946 (Public Law 79-547).............. 1309
d. Jerusalem Embassy Act of 1995 (Public Law 104-45)......... 1310
7. International Center Act (Public Law 90-553, as amended)...... 1314
8. Foreign Gifts and Decorations................................. 1318
a. Foreign Gifts and Decorations Act of 1966, as amended
(Public Law 89-673)...................................... 1318
b. Receipt and Disposition of Foreign Gifts and Decorations
(Public Law 95-105) (partial text)....................... 1319
c. Gifts and Decorations Regulations (22 CFR 3.1-3.12)....... 1325
9. Immigration, Migration, and Refugee Assistance................ 1333
a. Administration............................................ 1333
(1) Migration and Refugee Assistance Act of 1962, as
amended (Public Law 87-510)............................ 1333
(2) Administration of the Migration and Refugee
Assistance Act of 1962 (Executive Order 11077)......... 1339
(3) Immigration and Nationality Act (Public Law 82-414)
(partial text)......................................... 1342
(4) Immigration Reform and Control Act of 1986 (Public
Law 99-603) (partial text)............................. 1365
(5) Refugee Act of 1980 (Public Law 96-212) (partial
text).................................................. 1367
(6) Bring Them Home Alive Act of 2000 (Public Law 106-
484)................................................... 1369
(7) Syrian Nationals--Adjustment of Immigrant Status
(Public Law 106-378) (partial text).................... 1374
(8) Irish Peace Process Cultural and Training Program Act
(Public Law 105-319)................................... 1376
(9) Interdiction of Illegal Aliens (Executive Order
12807)................................................. 1379
(10) Consultations on the Admission of Refugees
(Executive Order 12208)................................ 1381
b. Caribbean................................................. 1382
(1) Haitian Refugee Immigration Fairness Act of 1998
(Public Law 105-277) (partial text).................... 1382
(2) Nicaraguan Adjustment and Central American Relief Act
(Public Law 105-100) (partial text).................... 1389
(3) Cuban Political Prisoners and Immigrants (Public Law
100-202) (partial text)................................ 1396
(4) Refugee Education Assistance Act of 1980 (Public Law
96-422) (partial text)................................. 1398
(5) Cuban Refugee Adjustment Act of 1966 (Public Law 89-
732) (partial text).................................... 1400
(6) Cuban and Haitian Entrants (Executive Order 12341)... 1402
c. China and Indochina....................................... 1403
(1) Visas for Officials of Taiwan (Public Law 103-416)
(partial text)......................................... 1403
(2) Chinese Student Protection Act of 1992 (Public Law
102-404)............................................... 1404
(3) Indochinese Refugee Resettlement and Protection Act
of 1987 (Public Law 100-202) (partial text)............ 1407
(4) Eligibility Criteria for Admission of Refugees from
Cambodia (Public Law 95-624) (partial text)............ 1411
(5) Indochina Refugees--Status Adjustment (Public Law 95-
145) (partial text).................................... 1412
(6) Policy Implementation With Respect to Nationals of
the People's Republic of China (Executive Order 12711). 1414
d. Former Soviet Union....................................... 1416
(1) Soviet Scientists Immigration Act of 1992 (Public Law
102-509)............................................... 1416
(2) Adjustment of Status for Soviet and Indochinese
Parolees (Public Law 101-167) (partial text)........... 1418
10. Recognition by the United States of Foreign Governments
(Senate Resolution 205, 91st Congress)....................... 1421
11. The Asia Foundation Act (Public Law 98-164) (partial text)... 1422
=======================================================================
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. Sec. 199, derived from Acts of July 27,
1789 (1 Stat. 28), and September 15, 1789 (1 Stat. 68)
Sec. 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. Sec. 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. Sec. 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. Sec. 206, derived from Act of September
23, 1789 (1 Stat. 97).
---------------------------------------------------------------------------
Secs. 207-209 * * * [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. Sec. 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; 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; Public Law 107-56 [Uniting and strengthening
America By Providing Appropriate Tools Required To Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001; H.R. 3162], 115
Stat. 272, approved October 26, 2001; Public Law 107-107 [National
Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat.
1012, approved December 28, 2001; Public Law 107-132 [H.R. 3348],
115 Stat. 2412, approved January 16, 2002; Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002; Public Law 108-25
[United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003; H.R. 1298], 117 Stat. 711, approved May 27,
2003; Public Law 108-332 [Global Anti-Semitism Review Act of 2004;
S. 2292], 118 Stat. 1282, approved October 16, 2004; Public Law
108-447 [Consolidated Appropriations Act, 2005; H.R. 4818], 118
Stat. 2809, approved December 8, 2004; and Public Law 108-458
[Intelligence Reform and Terrorism Prevention Act of 2004; S.
2845], 118 Stat. 3638, approved December 17, 2004
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\
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\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'.''.
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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.
---------------------------------------------------------------------------
\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.\6\
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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) In
general.--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.
\6\ The current rate of compensation at level III of the Executive
Schedule is $152,000 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
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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) \7\ 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. The Under Secretary for Public Diplomacy
shall-- \8\
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\7\ 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).
\8\ Sec. 7109(b)(1) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3793) added text
beginning ``The Under Secretary for Public Diplomacy shall--'' through
subpara. (E).
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(A) prepare an annual strategic plan for
public diplomacy in collaboration with overseas
posts and in consultation with the regional and
functional bureaus of the Department;
(B) ensure the design and implementation of
appropriate program evaluation methodologies;
(C) provide guidance to Department personnel
in the United States and overseas who conduct
or implement public diplomacy policies,
programs, and activities;
(D) assist the United States Agency for
International Development and the Broadcasting
Board of Governors to present the policies of
the United States clearly and effectively; and
(E) submit statements of United States policy
and editorial material to the Broadcasting
Board of Governors for broadcast consideration.
(4) \9\ 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.
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
(c) \10\ Assistant Secretaries.--
---------------------------------------------------------------------------
\10\ 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 2000 and
2001 (enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1501A-486), 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.
---------------------------------------------------------------------------
``(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.''.
(1) In general.--There shall be in the Department of
State not more than 24 \11\ 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.\12\
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\11\ 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.
\12\ The current rate of compensation at level IV of the Executive
Schedule is $143,000 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
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(2) \13\ 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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\13\ 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) \14\ 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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\14\ 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) \15\ 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.\12\
---------------------------------------------------------------------------
\15\ 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) \16\ Coordinator for Counterterrorism.--
---------------------------------------------------------------------------
\16\ 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) \17\ HIV/AIDS Response Coordinator.--
---------------------------------------------------------------------------
\17\ Sec. 102(a)(2) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2002 (Public Law 108-25; 117
Stat. 721) added subsec. (f).
---------------------------------------------------------------------------
(1) In general.--There shall be established within
the Department of State in the immediate office of the
Secretary of State a Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Coordinator shall
report directly to the Secretary.
(2) Authorities and duties; definitions.--
(A) Authorities.--The Coordinator, acting
through such nongovernmental organizations
(including faith-based and community-based
organizations) and relevant executive branch
agencies as may be necessary and appropriate to
effect the purposes of this section, is
authorized--
(i) to operate internationally to
carry out prevention, care, treatment,
support, capacity development, and
other activities for combatting HIV/
AIDS;
(ii) to transfer and allocate funds
to relevant executive branch agencies;
and
(iii) to provide grants to, and enter
into contracts with, nongovernmental
organizations (including faith-based
and community-based organizations) to
carry out the purposes of section.
(B) Duties.--
(i) In general.--The Coordinator
shall have primary responsibility for
the oversight and coordination of all
resources and international activities
of the United States Government to
combat the HIV/AIDS pandemic, including
all programs, projects, and activities
of the United States Government
relating to the HIV/AIDS pandemic under
the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 or any amendment made by that
Act.
(ii) Specific duties.--The duties of
the Coordinator shall specifically
include the following:
(I) Ensuring program and
policy coordination among the
relevant executive branch
agencies and nongovernmental
organizations, including
auditing, monitoring, and
evaluation of all such
programs.
(II) Ensuring that each
relevant executive branch
agency undertakes programs
primarily in those areas where
the agency has the greatest
expertise, technical
capabilities, and potential for
success.
(III) Avoiding duplication of
effort.
(IV) Ensuring coordination of
relevant executive branch
agency activities in the field.
(V) Pursuing coordination
with other countries and
international organizations.
(VI) Resolving policy,
program, and funding disputes
among the relevant executive
branch agencies.
(VII) Directly approving all
activities of the United States
(including funding) relating to
combatting HIV/AIDS in each of
Botswana, Cote d'Ivoire,
Ethiopia, Guyana, Haiti, Kenya,
Mozambique, Namibia, Nigeria,
Rwanda, South Africa, Tanzania,
Uganda, Zambia, and other
countries designated by the
President, which other
designated countries may
include those countries in
which the United States is
implementing HIV/AIDS programs
as of the date of the enactment
of the United States Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003.
(VIII) Establishing due
diligence criteria for all
recipients of funds section and
all activities subject to the
coordination and appropriate
monitoring, evaluation, and
audits carried out by the
Coordinator necessary to assess
the measurable outcomes of such
activities.
(C) Definitions.--In this paragraph:
(i) AIDS.--The term ``AIDS'' means
acquired immune deficiency syndrome.
(ii) HIV.--The term ``HIV'' means the
human immunodeficiency virus, the
pathogen that causes AIDS.
(iii) HIV/AIDS.--The term ``HIV/
AIDS'' means, with respect to an
individual, an individual who is
infected with HIV or living with AIDS.
(iv) Relevant executive branch
agencies.--The term ``relevant
executive branch agencies'' means the
Department of State, the United States
Agency for International Development,
the Department of Health and Human
Services (including the Public Health
Service), and any other department or
agency of the United States that
participates in international HIV/AIDS
activities pursuant to the authorities
of such department or agency or this
Act.
(g) \18\ Qualifications of Certain Officers of the
Department of State.--
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\18\ Sec. 303 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1377), struck out former
subsecs. (f) and (g), and added this subsec. as subsec. (f). Sec.
102(a)(1) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2002 (Public Law 108-25; 117 Stat.
721) subsequently redesignated the subsec. as subsec. (g). Previously,
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. Subsec. (g), struck out by
Public Law 107-228, was originally added as subsec. (h) by 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), and redesignated as subsec. (g) by sec. 2305(c)(2) of that Act.
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(1) Officer having primary responsibility for
personnel management.--The officer of the Department of
State with primary responsibility for assisting the
Secretary 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.
(2) Officer having primary responsibility for
diplomatic security.--The officer of the Department of
State with primary responsibility for assisting the
Secretary with respect to diplomatic security, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) Federal law enforcement,
intelligence, or security.
(3) Officer having primary responsibility for
international narcotics and law enforcement.--The
officer of the Department of State with primary
responsibility for assisting the Secretary with respect
to international narcotics and law enforcement, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) law enforcement or international
narcotics policy.
Sec. 2.\19\ The Secretary of State, may use funds
appropriated or otherwise available to the Secretary to-- \20\
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\19\ 22 U.S.C. 2669.
\20\ Sec. 114 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 411), struck out ``when
funds are appropriated therefor, may--'' and inserted in lieu
thereof ``may use funds appropriated or otherwise available to
the Secretary to--''.
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(a) provide for printing and binding outside the
States of the United States \21\ and the District of
Columbia without regard to section 11 of the Act of
March 1, 1919 (44 U.S.C. 111);
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\21\ 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) \22\ 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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\22\ Sec. 402 of the Foreign Assistance Act of 1962 (Public Law 87-
565; 76 Stat. 263) added subsec. (b). Former sec. 2(b) was repealed by
sec. 511(a)(2) of the Overseas Differentials and Allowances Act (Public
Law 86-707; 74 Stat. 800).
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(c) \23\ 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.\24\
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\23\ 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 para. (c) up
to the second semicolon. It formerly read as follows: ``(c) employ
aliens, by contract, for services abroad;''.
\24\ 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) \25\ 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; \26\
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\25\ Sec. 303(a)(2) of Public Law 98-533 (98 Stat.) added paras.
(g) and (h).
\26\ Sec. 111 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21), struck out
``and'', and added subsecs. (i), (j), and (k).
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(h) \25\ 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) \26\ pay obligations assumed in Germany on or
after June 5, 1945;
(j) \26\ provide telecommunications services;
\27\, \28\
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\27\ 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).
\28\ 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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(k) \27\ provide maximum physical security in
Government-owned and leased properties and vehicles
abroad; \29\
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\29\ Sec. 413(b) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2906), struck out ``and'' at the end of subsec. (k);
transferred subsec. (m) to appear after subsec. (l); struck out a
period at the end of each of subsecs. (l) and (m), inserting in lieu
thereof a semicolon; and replaced a period at the end of subsec. (n)
with ``; and''.
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(l) \27\ purchase special purpose passenger motor
vehicles without regard to any price limitation
otherwise established by law; \29\
(m) \28\ pay obligations arising under international
agreements, conventions, and binational contracts to
the extent otherwise authorized by law; \29\
(n) \30\ exercise the authority provided in
subsection (c), upon the request of the Secretary of
Defense or the head of any other department or agency
of the United States, to enter into personal service
contracts with individuals to perform services in
support of the Department of Defense of such other
department or agency, as the case may be; and \29\
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\30\ Sec. 833 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1191) added subsec. (n).
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(o) \31\ make administrative corrections or adjustments to
an employee's pay, allowances, or differentials, resulting from
mistakes or retroactive personnel actions, as well as provide
back pay and other categories of payments under section 5596 of
title 5, United States Code, as part of the settlement or
compromise of administrative claims or grievances filed against
the Department.
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\31\ Sec. 413(a) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2906), added subsec. (o).
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Sec. 3.\32\ The Secretary of State is authorized to--
---------------------------------------------------------------------------
\32\ 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) \33\ 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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\33\ 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) \34\ provide emergency medical attention and
dietary supplements, and other emergency assistance,
for United States citizens incarcerated abroad or
destitute United States citizens abroad \35\ 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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\34\ Sec. 2 of Public Law 95-45 (91 Stat. 221) added subsec. (j).
\35\ Sec. 108(a) of Public Law 95-426 (92 Stat. 966) inserted ``or
destitute United States citizens abroad''. Sec. 108(b) of the same Act
provided that this amendment would take effect on October 1, 1978.
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(k) \36\ 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; \37\
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\36\ Sec. 126(b) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342), added subsec.
(k).
\37\ 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) \38\ make payments in advance, of the United
States share of necessary expenses for international
fisheries commissions, from appropriations available
for such purpose; and \37\
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\38\ 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) \37\ establish, maintain, and operate passport
and dispatch agencies.
Sec. 4.\39\ (a) \40\ The Secretary of State is authorized
to--
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\39\ 22 U.S.C. 2671.
\40\ 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 paras. (1) and (2), redesignated the
existing text as subsec. (a), added the reference to subsec. (b) in
para. (1) of subsec. (a), and added new subsecs. (b), (c), and (d).
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(1) \40\ 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); \41\ and
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\41\ 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) \40\ delegate to subordinate officials the
authority vested in him by section 291 of the Revised
Statutes \41\ pertaining to certification of
expenditures.
(b) \40\ (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) \42\ the evacuation when their lives are
endangered by war, civil unrest, or natural disaster
of--
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\42\ Sec. 201 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1361), amended and restated
subpara. (A). It formerly read as follows:
``(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;''.
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(i) United States Government employees and
their dependents; and
(ii) private United States citizens or third-
country nationals, on a reimbursable basis to
the maximum extent practicable, with such
reimbursements to be credited to the applicable
Department of State appropriation and to remain
available until expended, except that no
reimbursement under this clause shall be paid
that is greater than the amount the person
evacuated would have been charged for a
reasonable commercial air fare immediately
prior to the events giving rise to the
evacuation;
(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) \40\ The Inspector General of the Department of State
\43\ shall conduct a periodic \44\ 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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\43\ 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.
\44\ 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) \40\ 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) \45\ of title 31, United
States Code;
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\45\ 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.\46\ The Secretary of State is authorized to--
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\46\ 22 U.S.C. 2672. The Department of State and Related Agency
Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
2322), 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,
$1,166,212,000: Provided, That the Secretary of State shall, at the
time of the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared
by the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations budget for the biennium 2006-2007
to exceed the revised United Nations budget level for the biennium
2004-2005 of $3,695,480,000: Provided further, 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.''.
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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).\47\
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\47\ 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.\48\ 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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\48\ 22 U.S.C. 2673.
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Sec. 7.\49\ 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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\49\ 22 U.S.C. 2674.
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Sec. 8.\50\ 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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\50\ 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.\51\ 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.
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\51\ 22 U.S.C. 2676.
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Sec. 10.\52\ 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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\52\ 22 U.S.C. 2677.
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reduction in earmarks if appropriations are less than authorizations
Sec. 11.\53\ 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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\53\ 22 U.S.C. 2678. Sec. 106 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104
Stat. 20), added sec. 11. A previous sec. 11 was repealed by Public Law
99-550 (100 Stat. 3067), which 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.\54\ The Secretary of State, with the approval of
the Office of Management and Budget,\55\ 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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\54\ 22 U.S.C. 2679.
\55\ Reorganization Plan No. 2 of 1970 redesignated the Bureau of
the Budget as the Office of Management and Budget.
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Sec. 13.\56\ (a) \57\ 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)
\58\ 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,\55\ determines may be performed more
advantageously and more economically as central services; and
\59\ (4) \60\ 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.\59\ 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.\61\ 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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\56\ 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 September 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.''.
\57\ Sec. 109(a) of Public Law 95-426 (92 Stat. 966) added subsec.
designation ``(a)'' and subsec. (b).
\58\ 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).
\59\ 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''.
\60\ Sec. 109(a) of Public Law 95-426 (92 Stat. 966) added clause
(4).
\61\ Sec. 109(a) of Public Law 95-426 (92 Stat. 966) struck out a
sentence at this point that read as follows: ``Not to exceed $750,000
in net assets shall be transferred to the fund for purposes of
providing capital.''
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(b) \57\ 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.\62\ (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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\62\ 22 U.S.C. 2679a. Sec. 121 of Public Law 97-241 (96 Stat. 280)
added sec. 14. 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.\63\ (a)(1) Notwithstanding any provision of law
enacted before the date of enactment of the State Department/
USIA Authorization Act, Fiscal Year 1975,\64\ 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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\63\ 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.''.
\64\ 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 \65\ 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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\65\ 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.\66\ 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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\66\ 22 U.S.C. 2680a. Sec. 122 of Public Law 97-241 (96 Stat. 281)
added sec. 16. 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.\67\ 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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\67\ 22 U.S.C. 2687. Sec. 101(c) of Public Law 94-141 added sec.
17.
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Sec. 18.\68\ 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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\68\ 22 U.S.C. 2688. Sec. 104 of Public Law 94-141 added sec. 18.
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Sec. 19.\69\ Each fiscal year (beginning with fiscal year
1977), the Secretary of State may use \70\ 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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\69\ 22 U.S.C. 2689. Sec. 104 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (Public Law 94-350), added sec. 19.
\70\ Sec. 110(a) of Public Law 95-426 (92 Stat. 967) struck out
``not to exceed $1,500 of the'' at this point.
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Sec. 20.\71\ 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 \72\ 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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\71\ 22 U.S.C. 2690. Sec. 16 of the Foreign Relations Authorization
Act, Fiscal Year 1977 (Public Law 94-350), added sec. 20.
\72\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the "Government Accountability Office" and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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Sec. 21.\73\ * * * [Repealed--1990]
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\73\ 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.\74\ (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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\74\ 22 U.S.C. 2692. Sec. 113(a) of the Foreign Relations
Authorization Act, Fiscal Year 1978 (91 Stat. 848), added sec. 22.
---------------------------------------------------------------------------
(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 \75\
Sec. 23.\75\ (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 \76\ and the Agency for
International Development) \77\ 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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\75\ 22 U.S.C. 2695. Sec. 111(a) of Public Law 95-426 (92 Stat.
967), added sec. 23.
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).
\76\ 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''.
\77\ 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) \78\ Payment.--
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\78\ 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.\79\ (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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\79\ 22 U.S.C. 2696. Sec. 105 of the Department of State
Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93
Stat. 396), added sec. 24.
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(b) \80\ (1) 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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\80\ Sec. 112(a) of Public Law 97-241 (96 Stat. 277) amended and
restated subsec. (b).
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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) \81\ (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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\81\ Sec. 117(a) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 656), added para.
(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) \82\ (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 \83\ fiscal year of any two-year authorization cycle may
be appropriated for such \83\ fiscal year for any other account
of the Department of State.
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\82\ 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.''.
\83\ 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) \84\ 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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\84\ 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) \85\ 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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\85\ 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.\86\ (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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\86\ 22 U.S.C. 2697. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2153) added sec. 25.
---------------------------------------------------------------------------
(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.\87\
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\87\ Sec. 125 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1341), inserted
``but shall not be expended for representational purposes at United
States missions except in accordance with the conditions that apply to
appropriated funds''.
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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 \88\
and the Administrator of the Agency for International
Development \89\ with respect to the Board and the
Agency''.\90\
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\88\ 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.
\89\ 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''.
\90\ 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''.
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Sec. 26.\91\ (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.
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\91\ 22 U.S.C. 2698. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2153) added sec. 26.
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(b) The authority available to the Secretary of State under
this section shall be available to the Broadcasting Board of
Governors,\92\ and the Administrator of the Agency for
International Development \93\ with respect to the Board and
the Agency.\94\
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\92\ 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,''.
\93\ 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''.
\94\ 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.\95\ (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.
---------------------------------------------------------------------------
\95\ 22 U.S.C. 2699. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2153) added sec. 27.
---------------------------------------------------------------------------
(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.\96\ 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.
---------------------------------------------------------------------------
\96\ 22 U.S.C. 2700. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2153) added sec. 28.
---------------------------------------------------------------------------
Sec. 29.\97\ 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.\98\
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\97\ 22 U.S.C. 2701. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2154) added sec. 29.
\98\ 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''.
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Sec. 30.\99\ (a) The remedy--
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\99\ 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).
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(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.\100\ (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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\100\ 22 U.S.C. 2703. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2156) added sec. 31.
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(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.\101\ 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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\101\ 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).
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(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) \102\ The \103\ 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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\102\ Sec. 147 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 38), added subsec.
(e).
\103\ 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.\104\ The Secretary of State may pay, without
regard to section 5702 of title 5, United States Code,
subsistence expenses of (1) special agents \105\ 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 \106\ and the Administrator of the Agency
for International Development \107\ 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.\108\
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\104\ 22 U.S.C. 2704. Sec. 2201 of the Foreign Service Act of 1980
(Public Law 96-465; 94 Stat. 2157) added sec. 32.
\105\ Sec. 125(b) of Public Law 99-93 (99 Stat. 417) struck out
``security officers'' and inserted in lieu thereof ``special agents''.
Sec. 125(c) of the same Act repealed sec. 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).
\106\ 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''.
\107\ 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''.
\108\ Sec. 303(c) of Public Law 98-533 (98 Stat. 2711) added this
sentence.
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Sec. 33.\109\ 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:
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\109\ 22 U.S.C. 2705. Sec. 117 of Public Law 97-241 (96 Stat. 279)
added sec. 33.
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(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.\110\
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\110\ 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.\111\ (a) Unless the Committee on International
Relations and the Committee on Appropriations \112\ of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations \113\ 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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\111\ 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.''.
\112\ 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''.
\113\ 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 \114\ 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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\114\ 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) \111\ 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) \115\ 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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\115\ 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.\116\ (b) \117\ 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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\116\ 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.''.
\117\ 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) \118\ 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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\118\ 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) \118\ maintain continuing liaison \119\ with
other executive branch agencies concerned with
international communications and information policy and
with the Federal Communications Commission, as
appropriate; \119\
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\119\ 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;; \120\
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\120\ 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.\121\ DEPARTMENT OF STATE REWARDS PROGRAM.
(a) Establishment.--
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\121\ 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).
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); \122\
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\122\ Sec. 502(1)(A) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) struck out ``or'' at the end of para. (4).
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(5) the prevention, frustration, or favorable
resolution of an act described in paragraph (1), (2),
or (3), including by dismantling an organization in
whole or significant part; \123\
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\123\ Sec. 502(1)(B) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) struck out a period at the end of para. (5), and inserted in
lieu thereof ``, including by dismantling an organization in whole or
significant part; or''.
Sec. 405(a) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2902), struck out ``or'' at the end of para. (5), replaced a
period at the end of para. (6) with ``; or'', and added para (7).
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(6) \124\ the identification or location of an
individual who holds a key leadership position in a
terrorist organization; or \123\
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\124\ Sec. 502(1)(C) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) added para. (6).
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(7) \123\ the disruption of financial mechanisms of a
foreign terrorist organization, including the use by
the organization of illicit narcotics production or
international narcotics trafficking--
(A) to finance acts of international
terrorism; or
(B) to sustain or support any terrorist
organization.
(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) \125\ Period of availability.--Amounts
appropriated under paragraph (1) shall remain available
until expended.
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\125\ Sec. 502(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) struck out former paras. (2) and (3) and redesignated para.
(4) as para. (2). Former paras. (2) and 3) read as follows:
``(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.''.
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(e) Limitations and Certification.--
(1) Maximum amount.--No reward paid under this
section may exceed $25,000,000,\126\ except as
personally authorized by the Secretary of State if he
determines that offer or payment of an award of a
larger amount is necessary to combat terrorism or
defend the Nation against terrorist acts.\127\ Without
first making such determination, the Secretary may
authorize a reward of up to twice the amount specified
in this paragraph for the capture or information
leading to the capture of a leader of a foreign
terrorist organization.\128\
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\126\ Sec. 405(b)(1) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2903), struck out ``$5,000,000'' and inserted in lieu thereof
``$25,000,000''.
\127\ Sec. 502(3) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) inserted ``, except as personally authorized by the
Secretary of State if he determines that offer or payment of an award
of a larger amount is necessary to combat terrorism or defend the
Nation against terrorist acts.'' (resulting in a double period).
Sec. 405(b)(2) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2903), struck out the second period.
\128\ 405(b)(3) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2903), added this sentence.
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(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.
(6) \129\ Forms of reward payment.--The Secretary may
make a reward under this section in the form of money,
a nonmonetary item (including such items as automotive
vehicles), or a combination thereof.
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\129\ Sec. 405(c) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2903), added para. (6).
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(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) \130\ Media Surveys and Advertisements.--
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\130\ 405(d) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2903), redesignated subsecs. (i) and (j) as subsecs. (j) and
(k), respectively, and added a new subsec. (i).
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(1) Surveys conducted.--For the purpose of more
effectively disseminating information about the rewards
program, the Secretary may use the resources of the
rewards program to conduct media surveys, including
analyses of media markets, means of communication, and
levels of literacy, in countries determined by the
Secretary to be associated with acts of international
terrorism.
(2) Creation and purchase of advertisements.--The
Secretary may use the resources of the rewards program
to create advertisements to disseminate information
about the rewards program. The Secretary may base the
content of such advertisements on the findings of the
surveys conducted under paragraph (1). The Secretary
may purchase radio or television time, newspaper space,
or make use of any other means of advertisement, as
appropriate.
(j) \130\ 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.
(k) \130\ 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.\131\ AWARD OF THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
(a) Authority to Award.--The President, upon the
recommendation of the Secretary, may award a Thomas Jefferson
Star for Foreign Service \132\ 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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\131\ 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. 1501A-436), added sec. 36A.
Sec. 311(1) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 116 Stat. 1377), struck out ``foreign service
star'' in the section catchline and inserted in lieu thereof ``thomas
jefferson star for foreign service''.
\132\ Sec. 311(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1378), struck out
``Foreign Service star'' and inserted in lieu thereof ``Thomas
Jefferson Star for Foreign Service'' throughout 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 Thomas Jefferson Star for Foreign Service \132\ 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 Thomas Jefferson Star of Foreign Service \132\ 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 Thomas Jefferson Star of Foreign Service.\132\
The award may not include a stipend or any other cash payment.
(e) Funding.--Any expenses incurred in awarding a person a
Thomas Jefferson Star of Foreign Service \132\ 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.\133\ (a) \134\ 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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\133\ 22 U.S.C. 2709. Sec. 125(a) of Public Law 99-93 (99 Stat.
415) redesignated sec. 37 as sec. 38 and added a new sec. 37.
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.''.
\134\ Sec. 202(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1362), provided the
following:
``(c) Implementation of Search, Seizure, Service, and Arrest
Authority.--(1) The authority conferred by paragraphs (2) and (5) of
section 37(a) of the State Department Basic Authorities Act of 1956, as
amended by subsection (a), may not be exercised until the date on which
the Secretary--
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``(A) submits the agreement required by subsection (b)(2) of section 37
of such Act to the appropriate congressional committees; and
``(B) publishes in the Federal Register a notice that the agreement has
been submitted in accordance with the requirements of subparagraph (A).
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``(2) The authority conferred by paragraphs (2) and (5) of
subsection (a) of section 37 of the State Department Basic Authorities
Act of 1956, as in effect on the day before the date of the enactment
of this Act, may continue to be exercised until the date on which the
notice described in paragraph (1)(B) is published in the Federal
Register.''.
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(1) conduct investigations concerning illegal
passport or visa issuance or use;
(2) \135\ obtain and execute search and arrest
warrants, as well as obtain and serve subpoenas and
summonses issued under the authority of the United
States;
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\135\ Sec. 202(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1362), amended and
restated para. (2). It previously read, amended by Public Law 101-246,
as follows:
``(2) For the purpose of conducting such investigation--
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``(A) obtain and execute search and arrest warrants,
``(B) 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
``(C) 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 in 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);
\136\
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\136\ 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) \136\ 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) \136\ an individual who has been
designated by the President or President-elect
\137\ to serve as Secretary of State, prior to
that individual's appointment.
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\137\ Sec. 202(a)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1362), inserted ``or
President-elect'' after ``President''.
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(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) \138\ make arrests without warrant for any
offense 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 felony.
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\138\ Sec. 202(a)(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1362), amended and
restated para. (5), which was previously amended and restated by Sec.
113(2) of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991 (Public Law 101-246; 104 Stat. 22), to read as follows:
``(5) 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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``(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) \139\ Agreements With Attorney General and Secretary of
the Treasury and Firearms Regulations.--
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\139\ Sec. 202(b) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1362), redesignated
para. (2) as para. (3); struck out subsec. heading and para. (1) and
inserted in lieu thereof the current subsec. heading and paras. (1) and
(2). Text previously read as follows:
``(b) Agreement With Attorney General and Firearms Regulations.--
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``(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.''.
(1) Agreement with attorney general.--The authority
conferred by paragraphs (1) and (4) of subsection (a)
shall be exercised subject to an agreement between the
Secretary and the Attorney General.
(2) Agreement with attorney general and secretary of
the treasury.--The authority conferred by paragraphs
(2) and (4) of subsection (a) shall be exercised
subject to an agreement among the Secretary, the
Attorney General, and the Secretary of the Treasury.
(3) 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.\140\ (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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\140\ 22 U.S.C. 2710. Sec. 128 of Public Law 99-93 (99 Stat. 419)
added sec. 38, comprised of subsecs. (a) and (b).
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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) \141\ 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 \142\ 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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\141\ Sec. 123 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 392), added subsecs.
(c) and (d).
\142\ 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) \141\ 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).
(e) \143\ Retention of Funds.--
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\143\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1362), added subsec. (e).
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(1) In general.--To reimburse the expenses of the
United States Government in preparing or prosecuting a
proceeding before an international tribunal, or a claim
against a foreign government or other foreign entity,
the Secretary may retain 1.5 percent of any amount
between $100,000 and $5,000,000, and one percent of any
amount over $5,000,000, received per claim under
chapter 34 of the Act of February 27, 1896 (22 U.S.C.
2668a; 29 Stat. 32).
(2) Treatment.--Amounts retained under the authority
of paragraph (1) shall be deposited into the fund under
subsection (d).
COUNTERTERRORISM PROTECTION FUND
Sec. 39.\144\ (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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\144\ 22 U.S.C. 2711. Sec. 504(2) of Public Law 99-399 (100 Stat.
871) added sec. 39.
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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.\145\ (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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\145\ 22 U.S.C. 2712. Sec. 506(2) of Public Law 99-399 (100 Stat.
872) added sec. 40.
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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.\146\ (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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\146\ 22 U.S.C. 2713. Sec. 126(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1341), added sec. 41.
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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.\147\ (a) Ineligibility for Passport.--
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\147\ 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.\148\ (a) \149\ 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.\150\
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\148\ 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).''.
\149\ 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. 1501A-429), inserted ``(a) Authority.--'' before ``In''.
\150\ 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. 1501A-429), 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) \151\ 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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\151\ 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. 1501A-429), added subsec. (b).
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SEC. 43A.\152\ 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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\152\ 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. 1501A-426), 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.\153\ 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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\153\ 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. 1501A-426).
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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.\154\ (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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\154\ 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 \155\
Sec. 45.\155\ For each fiscal year, 100 percent \156\ of
the registration fees collected by the Office of Defense Trade
Controls \157\ 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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\155\ 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.
\156\ 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''.
\157\ 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: by striking out ``Munitions Control'' and
inserting in lieu thereof ``Defense Trade Controls'' throughout subsec.
(a); and 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 \157\ license applications,
reduction in processing time for license applications,
and improved monitoring of compliance with the terms of
licenses; \158\
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\158\ 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: struck out ``and'' at the end of para. (1);
replaced a period at the end of para. (2) with ``; and''; and added a
new para. (3).
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(2) the automation of defense trade control \157\
functions and the processing of defense trade control
\157\ license applications, including the development,
procurement, and utilization of computer equipment and
related software; and \158\
(3) \158\ 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.\159\ (a) Use of Fees.--Notwithstanding any other
provision of law,\160\ 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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\159\ 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 sec. 47 and added a new sec. 46.
\160\ 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.\161\ 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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\161\ 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.\162\ (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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\162\ 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 \163\ of the House of Representatives and the
Committee on Foreign Relations of the Senate.
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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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(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.\164\ 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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\164\ 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.\165\ (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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\165\ 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 \166\
Sec. 51.\166\ (a) Report to Congress.--(1) \167\ Denial of
visas.--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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\166\ 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).
\167\ Sec. 231 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1372), added para. designation
``(1)'', the para. heading ``Denial of visas.--'', and para. (2).
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(2) \167\ Visa issuance to inadmissible aliens.--The
Secretary shall, on a semiannual basis, submit to the
appropriate committees of the Congress a report describing
every instance during the period covered by the report in which
a consular post or the Visa Office of the Department of State
issued an immigrant or nonimmigrant visa to an alien who is
inadmissible to the United States based upon terrorist activity
or failed to object to the issuance of an immigrant or
nonimmigrant visa to an alien notwithstanding any such ground
of inadmissibility. The report shall set forth the name and
nationality of the alien, the issuing post, and a brief factual
statement of the basis for issuance of the visa or the failure
to object. The report may be submitted in classified or
unclassified form.
(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
\168\ of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the Senate.
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\168\ 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.\169\ 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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\169\ 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.\170\
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\170\ 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.\171\ FEES FOR USE OF THE GEORGE P. SHULTZ NATIONAL FOREIGN
AFFAIRS TRAINING CENTER.
The Secretary is authorized to charge a fee for use of the
George P. Shultz \172\ 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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\171\ 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, which required the Secretary of State to
report on the pilot program under this section, was repealed by sec.
318(3) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228; 116 Stat. 1380).
Sec. 2(a)(1) of Public Law 107-132 (115 Stat. 2412) inserted
``george p. shultz'' after ``the'' in the section catchline.
\172\ Sec. 2(a)(2) of Public Law 107-132 (115 Stat. 2412) inserted
``George P. Shultz'' after ``use of the''.
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SEC. 54.\173\ 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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\173\ 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.\174\ 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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\174\ 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.\175\ 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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\175\ 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.
SEC. 57.\176\ STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED
STATES CITIZENS FROM NONNATURAL CAUSES.
(a) Collection of Information.--The Secretary shall, to the
maximum extent practicable, collect, with respect to each
foreign country, the following information with respect to each
United States citizen who dies in that country from a
nonnatural cause on or after the date of enactment of the
Foreign Relations Authorization Act, Fiscal Year 2003:
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\176\ 22 U.S.C. 2729. Sec. 204 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1363), added sec. 57.
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(1) The date of death.
(2) The locality where the death occurred (including
the state or province and municipality, if available).
(3) The cause of death, including information on the
circumstances of the death, and including, if the death
resulted from an act of terrorism, a statement
disclosing that information.
(4) Such other information as the Secretary shall
prescribe.
(b) Database.--The Secretary shall establish and maintain a
database containing the information collected under subsection
(a).
(c) Public Availability of Information.--Beginning three
months after the date of enactment of the Foreign Relations
Authorization Act, Fiscal Year 2003, the Secretary, shall make
available, on a country-by-country basis, on the Internet
website of the Department's Bureau of Consular Affairs, the
information from the database described in subsection (b) with
respect to deaths occurring since the date of enactment of that
Act, or occurring during the preceding three calendar years,
whichever period is shorter. The information shall be updated
at least every six months.
SEC. 58.\177\ PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) Prohibition.--
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\177\ 22 U.S.C. 2730. Sec. 241 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1373), added sec. 58.
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(1) In general.--Except as provided in paragraph (2),
none of the funds made available to the Department of
State, or the United States Emergency Refugee and
Migration Assistance Fund established in section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), may 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.
(2) Exception.--The prohibition in paragraph (1) does
not apply to the return of any person 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 advice and consent to ratification of the
Protocol.
(b) Congressional Notification Required in All Cases.--None
of the funds made available to the Department of State, or the
United States Emergency Refugee and Migration Assistance Fund
established in section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to
effect the involuntary return by the United States of any
person to any country unless the Secretary first notifies the
appropriate congressional committees, except that, in the case
of an emergency involving a threat to human life, the Secretary
shall notify the appropriate congressional committees as soon
as practicable.
(c) Statutory Construction.--Nothing in this section shall
be construed as affecting activities of the Department of State
that relate to removal proceedings under the Immigration and
Nationality Act or extradition.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(2) To effect the involuntary return.--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. 59.\178\ MONITORING AND COMBATING ANTI-SEMITISM.
(a) Office To Monitor and Combat Anti-Semitism.--
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\178\ 22 U.S.C. 2731. Sec. 5 of the Global Anti-Semitism Review Act
of 2004 (Public Law 108-332; 118 Stat. 1284) added sec. 59.
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(1) Establishment of office.--The Secretary shall
establish within the Department of State an Office to
Monitor and Combat anti-Semitism (in this section
referred to as the `Office').
(2) Head of office.--
(A) Special envoy for monitoring and
combating anti-semitism.--The head of the
Office shall be the Special Envoy for
Monitoring and Combating anti-Semitism (in this
section referred to as the ``Special Envoy'').
(B) Appointment of head of office.--The
Secretary shall appoint the Special Envoy. If
the Secretary determines that such is
appropriate, the Secretary may appoint the
Special Envoy from among officers and employees
of the Department. The Secretary may allow such
officer or employee to retain the position (and
the responsibilities associated with such
position) held by such officer or employee
prior to the appointment of such officer or
employee to the position of Special Envoy under
this paragraph.
(b) Purpose of Office.--Upon establishment, the Office
shall assume the primary responsibility for--
(1) monitoring and combating acts of anti-Semitism
and anti-Semitic incitement that occur in foreign
countries;
(2) coordinating and assisting in the preparation of
that portion of the report required by sections
116(d)(7) and 502B(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(d)(7) and 2304(b)) relating to an
assessment and description of the nature and extent of
acts of anti-Semitism and anti-Semitic incitement for
inclusion in the annual Country Reports on Human Rights
Practices; and
(3) coordinating and assisting in the preparation of
that portion of the report required by section
102(b)(1)(A)(iv) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6412(b)(1)(A)(iv)) relating to
an assessment and description of the nature and extent
of acts of anti-Semitism and anti-Semitic incitement
for inclusion in the Annual Report on International
Religious Freedom.
(c) Consultations.--The Special Envoy shall consult with
domestic and international nongovernmental organizations and
multilateral organizations and institutions, as the Special
Envoy considers appropriate to fulfill the purposes of this
section.
SEC. 60.\179\ PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
(a) Integral Component.--The Secretary of State shall make
public diplomacy an integral component in the planning and
execution of United States foreign policy.
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\179\ 22 U.S.C. 2732. Sec. 7109(a) of the 9/11 Commission
Implementation Act of 2004 (title VII of Public Law 108-458; 118 Stat.
3792) added sec. 60.
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(b) Coordination and Development of Strategy.--The
Secretary shall make every effort to--
(1) coordinate, subject to the direction of the
President, the public diplomacy activities of Federal
agencies; and
(2) coordinate with the Broadcasting Board of
Governors to--
(A) develop a comprehensive and coherent
strategy for the use of public diplomacy
resources; and
(B) develop and articulate long-term
measurable objectives for United States public
diplomacy.
(c) Objectives.--The strategy developed pursuant to
subsection (b) shall include public diplomacy efforts targeting
developed and developing countries and select and general
audiences, using appropriate media to properly explain the
foreign policy of the United States to the governments and
populations of such countries, with the objectives of
increasing support for United States policies and providing
news and information. The Secretary shall, through the most
effective mechanisms, counter misinformation and propaganda
concerning the United States. The Secretary shall continue to
articulate the importance of freedom, democracy, and human
rights as fundamental principles underlying United States
foreign policy goals.
(d) Identification of United States Foreign Assistance.--In
cooperation with the United States Agency for International
Development (USAID) and other public and private assistance
organizations and agencies, the Secretary should ensure that
information relating to foreign assistance provided by the
United States, nongovernmental organizations, and private
entities of the United States is disseminated widely, and
particularly, to the extent practicable, within countries and
regions that receive such assistance. The Secretary should
ensure that, to the extent practicable, projects funded by
USAID not involving commodities, including projects implemented
by private voluntary organizations, are identified as provided
by the people of the United States.
TITLE II--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
\180\
DECLARATION OF FINDINGS AND POLICY
Sec. 201.\181\ (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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\180\ Popularly referred to as the ``Foreign Missions Act''. Title
II was added by sec. 202(b) of Public Law 97-241 (96 Stat. 283).
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).
\181\ 22 U.S.C. 4301. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 201.
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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.\182\
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\182\ Sec. 127(a) of Public Law 99-93 (99 Stat. 418) inserted ``as
well as matters relating to the protection of the interests of the
United States''.
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DEFINITIONS
Sec. 202.\183\ (a) \184\ For purposes of this title--
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\183\ 22 U.S.C. 4302.
\184\ 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) \185\ financial and currency exchange
services,
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\185\ Sec. 153(e) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1353), added
subpara. (G).
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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) \186\ ``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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\186\ Para. (3) 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 sec. 202(a)(3), and that the provisions
of sec. 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.\187\ The Secretary shall carry out the following
functions:
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\187\ 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.
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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.\188\ (a) Upon the request of a foreign mission,
benefits may be provided to or for that foreign mission by or
through the Secretary \189\ on such terms and conditions as the
Secretary may approve.
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\188\ 22 U.S.C. 4304. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 204.
\189\ 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) through (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,\190\
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\190\ 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 para. (3); inserted ``or'' at the end of para.
(4); and added a new para. (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 \190\
(5) \190\ 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 \189\ on such terms and
conditions as the Secretary may approve, or (B) to forego the
acceptance, use, or relations of any benefit or \191\ 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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\191\ 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 \189\ 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
\192\ 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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\192\ 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 \193\ 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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\193\ Sec. 126(b) of Public Law 99-93 (99 Stat. 418) inserted
``title'' in lieu of ``section''.
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(f) \194\ 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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\194\ 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 \195\ and the
Committee on Foreign Relations of the Senate.
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\195\ 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.\196\ (a)(1) The head of a foreign mission shall
notify promptly the Secretary \197\ 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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\196\ 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.
\197\ 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 \197\ 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 \197\ may
prescribe.
(b) Whenever the Secretary \197\ 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 \197\ 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.\198\ 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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\198\ 22 U.S.C. 4304b. Sec. 1 of Public Law 105-375 (112 Stat.
3385) added sec. 204B.
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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.
PROPERTY OF FOREIGN MISSIONS
Sec. 205.\199\ (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 \200\ 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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\199\ 22 U.S.C. 4305. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 205. Subsequently, sec. 127(e) of Public Law 99-93 (99
Stat. 418) amended sec. 205(a)(1) by: in the first sentence, striking
out ``may'' and inserting in lieu thereof ``shall''; in the first
sentence, inserting ``, including any mission to an international
organization (as defined in section 209(b)(2)),'' after ``foreign
mission''; and in the second sentence, by striking out ``If such a
notification is required, the'' and inserting in lieu thereof ``The''.
\200\ 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) \201\ where otherwise necessary to protect the
interests of the United States.
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\201\ Sec. 127(d)(3) of Public Law 99-93 (99 Stat. 418) added para.
(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 \202\ 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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\202\ 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) \203\ (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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\203\ 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).
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(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.\204\ (a) The location, replacement, or expansion
of chanceries in the District of Columbia shall be subject to
this section.
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\204\ 22 U.S.C. 4306. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 206.
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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.\205\ 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.
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\205\ 22 U.S.C. 4307. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 207.
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GENERAL PROVISIONS
Sec. 208.\206\ (a) The Secretary may issue such regulations
as the Secretary may determine necessary to carry out the
policy of this title.
---------------------------------------------------------------------------
\206\ 22 U.S.C. 4308. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 208.
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(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 \207\ 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
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\207\ 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 \208\ 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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\208\ 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
\207\ (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,\207\ 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,\207\ 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 \209\ 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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\209\ 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.
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(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.\210\ (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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\210\ 22 U.S.C. 4309. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 209.
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(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.\211\ (a) Findings.--The Congress finds that--
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\211\ 22 U.S.C. 4309a. Sec. 141 of Public Law 99-93 (99 Stat. 423)
added sec. 209A.
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(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) \212\ 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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\212\ Sec. 139(26) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399),
repealed para. (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.\213\ 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.
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\213\ 22 U.S.C. 4310. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 210.
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ENFORCEMENT
Sec. 211.\214\ (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.
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\214\ 22 U.S.C. 4311. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 211.
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(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.\215\ 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.
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\215\ 22 U.S.C. 4312. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 212.
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SEVERABILITY
Sec. 213.\216\ 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.
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\216\ 22 U.S.C. 4313. Sec. 202(b) of Public Law 97-241 (96 Stat.
283) added sec. 213.
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EXTRAORDINARY PROTECTIVE SERVICES
Sec. 214.\217\ (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.
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\217\ 22 U.S.C. 4314. Sec. 214 was added by sec. 126(a) of Public
Law 99-93 (99 Stat. 417).
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).
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.''.
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(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.\218\ (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.
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\218\ 22 U.S.C. 4315. Sec. 128(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1343), added sec. 215. Sec. 128(b) of that 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).''.
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(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 \219\ of the House of Representatives and the Committee
on Foreign Relations of the Senate.
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\219\ 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) 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.\220\ (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.
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\220\ 22 U.S.C. 4316. Sec. 162(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1357), added sec. 216. Sec. 162(b) of that 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--
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``(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 2005, vol.
I-B.
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(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) \220\ 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.\221\
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\221\ As enrolled. Should end with a semicolon.
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(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 \222\
DEFINITIONS
Sec. 301.\223\ For purposes of this title, the following
terms have the following meanings:
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\222\ Sec. 186(a) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366), added
title III.
\223\ 22 U.S.C. 4341. Sec. 186(b) of Public Law 100-204 (101 Stat.
1366) made this section effective 180 days after enactment.
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(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.\224\ (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.
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\224\ 22 U.S.C. 4342. Sec. 186 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1368), added sec. 302. Sec. 186(b) of that Act made this section
effective 180 days after enactment.
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(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.\225\ (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.
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\225\ 22 U.S.C. 4343. Sec. 186 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1368), added sec. 303. Sec. 186(b) of that Act made this section
effective 180 days after enactment.
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(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
\226\
SEC. 401.\227\ 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.
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\226\ Sec. 198(a) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 685), added
title IV.
\227\ 22 U.S.C. 4351.
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(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) \228\ 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.
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\228\ 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.-- * * *
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``(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.\229\ RESPONSIBILITY FOR PREPARATION OF THE FRUS SERIES.
(a) In General.--
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\229\ 22 U.S.C. 4352.
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(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.\230\ 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)--
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\230\ 22 U.S.C. 4353.
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(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.\231\ DECLASSIFICATION OF STATE DEPARTMENT RECORDS.
(a) Deadline for Declassification.--
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\231\ 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) \232\ Annual Reports by the Advisory Committee.--The
Advisory Committee shall annually submit to the Secretary of
State and to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives \233\ a report setting forth its findings from
the review conducted under subsection (c).
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\232\ Sec. 205(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1363), struck out
``Reporting Requirement'' and inserted in lieu thereof ``Annual Reports
by the Advisory Committee''.
\233\ Sec. 205(a)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1363), inserted ``and
to the Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives'' after
``Secretary of State''.
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(e) \234\ Annual Reports by the Secretary.--
---------------------------------------------------------------------------
\234\ Sec. 205(b) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1363), amended and
restated subsec. (e), which previously required a one-time report of
the Secretary of State on compliance and procedures related to the
section.
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(1) In general.--Not later than March 1 of each year,
the Secretary shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives
on the compliance of the Department of State with the
provisions of this title, including--
(A) the volumes published in the previous
calendar year;
(B) the degree to which the Department is not
in compliance with the deadline set forth in
section 401(c); and
(C) the factors relevant to the inability of
the Department to comply with the provisions of
this title, including section 401(c).
(2) Form of reports.--Each report required to be
submitted by paragraph (1) shall be submitted in
unclassified form, together with a classified annex if
necessary.
SEC. 405.\235\ 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).
---------------------------------------------------------------------------
\235\ 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.\236\ ADVISORY COMMITTEE.
(a) \237\ Establishment.--
---------------------------------------------------------------------------
\236\ 22 U.S.C. 4356.
\237\ 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) 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.\238\ DEFINITIONS.
For purposes of this title--
---------------------------------------------------------------------------
\238\ 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. 9/11 Commission Implementation Act of 2004
Title VII of Public Law 108-458 [Intelligence Reform and Terrorism
Prevention Act of 2004; S. 2845], 118 Stat. 3638, approved December 17,
2004
AN ACT To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, 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 VII--TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001.\1\ SHORT TITLE.
This title may be cited as the ``9/11 Commission
Implementation Act of 2004''.
---------------------------------------------------------------------------
\1\ 6 U.S.C. 101 note. See also in this volume, legislation and
Executive Orders related to diplomatic security and anti-terrorism,
beginning at page 1020.
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Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
SEC. 7101.\2\ FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
(1) Long-term success in the war on terrorism demands
the use of all elements of national power, including
diplomacy, military action, intelligence, covert
action, law enforcement, economic policy, foreign aid,
public diplomacy, and homeland defense.
(2) To win the war on terrorism, the United States
must assign to economic and diplomatic capabilities the
same strategic priority that is assigned to military
capabilities.
(3) The legislative and executive branches of the
Government of the United States must commit to robust,
long-term investments in all of the tools necessary for
the foreign policy of the United States to successfully
accomplish the goals of the United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign
affairs programs in general, and to priority areas as
described in this title in particular.
SEC. 7102.\3\ TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2656f note.
---------------------------------------------------------------------------
(1) Complex terrorist operations require locations
that provide such operations sanctuary from
interference by Government or law enforcement
personnel.
(2) A terrorist sanctuary existed in Afghanistan
before September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided
direct and indirect value to members of al Qaeda who
participated in the terrorist attacks on the United
States on September 11, 2001, and in other terrorist
operations.
(4) Terrorist organizations have fled to some of the
least governed and most lawless places in the world to
find sanctuary.
(5) During the 21st century, terrorists are often
focusing on remote regions and failing states as
locations to seek sanctuary.
(b) Sense of Congress on United States Policy on Terrorist
Sanctuaries.--It is the sense of Congress that it should be the
policy of the United States--
(1) to identify foreign countries that are being used
as terrorist sanctuaries;
(2) to assess current United States resources and
tools being used to assist foreign governments to
eliminate such sanctuaries;
(3) to develop and implement a coordinated strategy
to prevent terrorists from using such foreign countries
as sanctuaries; and
(4) to work in bilateral and multilateral fora to
elicit the cooperation needed to identify and address
terrorist sanctuaries that may exist today, but, so
far, remain unknown to governments.
(c) Amendments to Existing Law To Include Terrorist
Sanctuaries.--
(1) In general.--Section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) is
amended--\4\
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\4\ For amended text, see Legislation on Foreign Relations Through
2005, vol. III.
---------------------------------------------------------------------------
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following:
``(5)(A) As used in paragraph (1), the term
`repeatedly provided support for acts of international
terrorism' shall include the recurring use of any part
of the territory of the country as a sanctuary for
terrorists or terrorist organizations.
``(B) In this paragraph--
``(i) the term `territory of a country' means
the land, waters, and airspace of the country;
and
``(ii) the term `sanctuary' means an area in
the territory of a country--
``(I) that is used by a terrorist or
terrorist organization--
``(aa) to carry out terrorist
activities, including training,
financing, and recruitment; or
``(bb) as a transit point;
and
``(II) the government of which
expressly consents to, or with
knowledge, allows, tolerates, or
disregards such use of its
territory.''.
(2) \5\ Rule of construction.--Nothing in this
subsection or the amendments made by this subsection
shall be construed as affecting any determination made
by the Secretary of State pursuant to section 6(j) of
the Export Administration Act of 1979 with respect to a
country prior to the date of enactment of this Act.
---------------------------------------------------------------------------
\5\ 50 U.S.C. app. 2405 note.
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(3) \5\ Implementation.--The President shall
implement the amendments made by paragraph (1) by
exercising the authorities of the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(d) \6\ Amendments to Global Patterns of Terrorism
Report.--* * *
---------------------------------------------------------------------------
\6\ For text of sec. 140 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989, as amended, see beginning at page 516.
---------------------------------------------------------------------------
(4) \7\ Effective date.--The amendments made by this
subsection apply with respect to the report required to
be transmitted under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30
of each subsequent year.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 2656f note.
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SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against terrorism.
(2) Due to its location, topography, social
conditions, and other factors, Pakistan can be
attractive to extremists seeking refuge or
opportunities to recruit or train, or a place from
which to operate against Coalition Forces in
Afghanistan.
(3) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the
Muslim world, is critical to stability in the region.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) help to ensure a promising, stable, and secure
future for Pakistan over the long term;
(2) provide a comprehensive program of assistance to
encourage and enable Pakistan--
(A) to continue and improve upon its
commitment to combating extremists;
(B) to seek to resolve any outstanding
difficulties with its neighbors and other
countries in its region;
(C) to continue to make efforts to fully
control its territory and borders;
(D) to progress toward becoming a more
effective and participatory democracy;
(E) to participate more vigorously in the
global marketplace and to continue to modernize
its economy;
(F) to take all necessary steps to halt the
spread of weapons of mass destruction;
(G) to improve and expand access to education
for all citizens; and
(H) to increase the number and level of
exchanges between the Pakistani people and the
American people; and
(3) continue to provide assistance to Pakistan at not
less than the overall levels requested by the President
for fiscal year 2005.
(c) Extension of Pakistan Waivers.--The Act entitled ``An
Act to authorize the President to exercise waivers of foreign
assistance restrictions with respect to Pakistan through
September 30, 2003, and for other purposes'', approved October
27, 2001 (Public Law 107-57; 115 Stat. 403), as amended by
section 2213 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1232), is further amended--
* * * \8\
---------------------------------------------------------------------------
\8\ For amended text, see Legislation on Foreign Relations Through
2005, vol. I-B.
---------------------------------------------------------------------------
SEC. 7104.\9\ ASSISTANCE FOR AFGHANISTAN. * * *
---------------------------------------------------------------------------
\9\ 22 U.S.C. 7501 note. Freestanding text of sec. 7104, the
Afghanistan Freedom Support Act Amendments of 2004, may be found in
Legislation on Foreign Relations Through 2005, vol. I-A. Sec. 7104 also
amended the Afghanistan Freedom Support Act of 2002, for amended text
see vol. I-A.
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SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations with
the United States, there have been problems in
cooperation between the United States and Saudi Arabia.
(2) The Government of Saudi Arabia has not always
responded promptly or fully to United States requests
for assistance in the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all
it can to prevent financial or other support from being
provided to, or reaching, extremist organizations in
Saudi Arabia or other countries.
(4) Counterterrorism cooperation between the
Governments of the United States and Saudi Arabia has
improved significantly since the terrorist bombing
attacks in Riyadh, Saudi Arabia, on May 12, 2003, and
the Government of Saudi Arabia is now pursuing al Qaeda
and other terror groups operating inside Saudi Arabia.
(5) The United States must enhance its cooperation
and strong relationship with Saudi Arabia based upon a
shared and public commitment to political and economic
reform, greater tolerance and respect for religious and
cultural diversity and joint efforts to prevent funding
for and support of extremist organizations in Saudi
Arabia and elsewhere.
(b) Sense of Congress.--It is the sense of Congress that
there should be a more robust dialogue between the people and
Government of the United States and the people and Government
of Saudi Arabia in order to improve the relationship between
the United States and Saudi Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has plummeted
in the Islamic world, many negative views are
uninformed, at best, and, at worst, are informed by
coarse stereotypes and caricatures.
(2) Local newspapers in countries with predominantly
Muslim populations and influential broadcasters who
reach Muslim audiences through satellite television
often reinforce the idea that the people and Government
of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer
an example of moral leadership in the world that
includes a commitment to treat all people humanely,
abide by the rule of law, and be generous to the people
and governments of other countries;
(2) the United States should cooperate with
governments of countries with predominantly Muslim
populations to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a
better future that includes stressing life over death,
individual educational and economic opportunity,
widespread political participation, contempt for
violence, respect for the rule of law, openness in
discussing differences, and tolerance for opposing
points of view;
(3) the United States should encourage reform,
freedom, democracy, and opportunity for Muslims; and
(4) the United States should work to defeat extremism
in all its form, especially in nations with
predominantly Muslim populations by providing
assistance to governments, non-governmental
organizations, and individuals who promote
modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with repressive dictatorships have
often been outweighed by long-term setbacks for the stature and
interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the
importance of individual educational and economic
opportunity, encourage widespread political
participation, condemn violence, and promote respect
for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of
view; and
(2) the United States Government must encourage the
governments of all countries with predominantly Muslim
populations, including those that are friends and
allies of the United States, to promote the value of
life and the importance of individual education and
economic opportunity, encourage widespread political
participation, condemn violence and promote the rule of
law, openness in discussing differences among people,
and tolerance for opposing points of view.
SEC. 7108.\10\ PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
(a) Promotion of United States Values Through Broadcast
Media.--
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
---------------------------------------------------------------------------
\10\ 22 U.S.C. 1431 note.
---------------------------------------------------------------------------
(A) Although the United States has
demonstrated and promoted its values in
defending Muslims against tyrants and criminals
in Somalia, Bosnia, Kosovo, Afghanistan, and
Iraq, this message is neither convincingly
presented nor widely understood.
(B) If the United States does not act to
vigorously define its message in countries with
predominantly Muslim populations, the image of
the United States will be defined by Islamic
extremists who seek to demonize the United
States.
(C) Recognizing that many Muslim audiences
rely on satellite television and radio, the
United States Government has launched promising
initiatives in television and radio
broadcasting to the Islamic world, including
Iran and Afghanistan.
(2) Sense of congress.--It is the sense of Congress
that--
(A) the United States must do more to defend
and promote its values and ideals to the
broadest possible audience in countries with
predominantly Muslim populations;
(B) United States efforts to defend and
promote these values and ideals are beginning
to ensure that accurate expressions of these
values reach large Muslim audiences and should
be robustly supported;
(C) the United States Government could and
should do more to engage Muslim audiences in
the struggle of ideas; and
(D) the United States Government should more
intensively employ existing broadcast media in
the Islamic world as part of this engagement.
(b) Enhancing Free and Independent Media.--
(1) Findings.--Congress makes the following findings:
(A) Freedom of speech and freedom of the
press are fundamental human rights.
(B) The United States has a national interest
in promoting these freedoms by supporting free
media abroad, which is essential to the
development of free and democratic societies
consistent with our own.
(C) Free media is undermined, endangered, or
nonexistent in many repressive and transitional
societies around the world, including in
Eurasia, Africa, and the Middle East.
(D) Individuals lacking access to a plurality
of free media are vulnerable to misinformation
and propaganda and are potentially more likely
to adopt anti-United States views.
(E) Foreign governments have a responsibility
to actively and publicly discourage and rebut
unprofessional and unethical media while
respecting journalistic integrity and editorial
independence.
(2) Statement of policy.--It shall be the policy of
the United States, acting through the Secretary of
State, to--
(A) ensure that the promotion of freedom of
the press and freedom of media worldwide is a
priority of United States foreign policy and an
integral component of United States public
diplomacy;
(B) respect the journalistic integrity and
editorial independence of free media worldwide;
and
(C) ensure that widely accepted standards for
professional and ethical journalistic and
editorial practices are employed when assessing
international media.
(c) Establishment of Media Network.--
(1) Grants for establishment of network.--The
Secretary of State shall, utilizing amounts authorized
to be appropriated by subsection (e)(2), make grants to
the National Endowment for Democracy (NED) under the
National Endowment for Democracy Act (22 U.S.C. 4411 et
seq.) for utilization by the Endowment to provide
funding to a private sector group to establish and
manage a free and independent media network as
specified in paragraph (2).
(2) Media network.--The media network established
using funds under paragraph (1) shall provide an
effective forum to convene a broad range of
individuals, organizations, and governmental
participants involved in journalistic activities and
the development of free and independent media in order
to--
(A) fund a clearinghouse to collect and share
information concerning international media
development and training;
(B) improve research in the field of media
assistance and program evaluation to better
inform decisions regarding funding and program
design for government and private donors;
(C) explore the most appropriate use of
existing means to more effectively encourage
the involvement of the private sector in the
field of media assistance; and
(D) identify effective methods for the
development of a free and independent media in
societies in transition.
(d) Authorizations of Appropriations.--
(1) In general.--There are authorized to be
appropriated for each of fiscal years 2005 and 2006,
unless otherwise authorized by Congress, such sums as
may be necessary to carry out United States Government
broadcasting activities consistent with this section
under the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the
United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.), and the Foreign Affairs
Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et
seq.), and to carry out other activities under this
section consistent with the purposes of such Acts,
unless otherwise authorized by Congress.
(2) Grants for media network.--In addition to the
amounts authorized to be appropriated under paragraph
(1), there are authorized to be appropriated for each
of fiscal years 2005 and 2006, unless otherwise
authorized by Congress, such sums as may be necessary
for grants under subsection (c)(1) for the
establishment of the media network described in
subsection (c)(2).
SEC. 7109.\11\ PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
(a) * * *
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\11\ Sec. 7109(a) and (b)(1) added a new sec. 60 to the State
Department Basic Authorities Act of 1956, relating to public diplomatic
responsibilities of the Department of State. See secs. 1 and 60 of that
Act.
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(b) Functions of the Under Secretary of State for Public
Diplomacy.--
(1) Amendment.--* * *
(2) Consultation.--The Under Secretary of State for
Public Diplomacy, in carrying out the responsibilities
described in section 1(b)(3) of such Act (as amended by
paragraph (1)), shall consult with public diplomacy
officers operating at United States overseas posts and
in the regional bureaus of the Department of State.
SEC. 7110.\12\ PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy.--The following should be the
policy of the United States:
---------------------------------------------------------------------------
\12\ 22 U.S.C. 3922b.
---------------------------------------------------------------------------
(1) The Foreign Service should recruit individuals
with expertise and professional experience in public
diplomacy.
(2) United States chiefs of mission should have a
prominent role in the formulation of public diplomacy
strategies for the countries and regions to which they
are assigned and should be accountable for the
operation and success of public diplomacy efforts at
their posts.
(3) Initial and subsequent training of Foreign
Service officers should be enhanced to include
information and training on public diplomacy and the
tools and technology of mass communication.
(b) Personnel.--
(1) Qualifications.--In the recruitment, training,
and assignment of members of the Foreign Service, the
Secretary of State--
(A) should emphasize the importance of public
diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment
into the Foreign Service, including at middle-
level entry, of individuals with expertise and
professional experience in public diplomacy,
mass communications, or journalism; and
(C) shall give special consideration to
individuals with language facility and
experience in particular countries and regions.
(2) Languages of special interest.--The Secretary of
State shall seek to increase the number of Foreign
Service officers proficient in languages spoken in
countries with predominantly Muslim populations. Such
increase should be accomplished through the recruitment
of new officers and incentives for officers in service.
(c) Public Diplomacy Suggested for Promotion in Foreign
Service.--Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended by adding at the end the following:
``The precepts for selection boards shall include, whether the
member of the Service or the member of the Senior Foreign
Service, as the case may be, has demonstrated--
(1) a willingness and ability to explain United
States policies in person and through the media when
occupying positions for which such willingness and
ability is, to any degree, an element of the member's
duties, or
(2) other experience in public diplomacy.\13\
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\13\ As enrolled. Should probably close quote at this point.
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SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL
ORGANIZATIONS.
(a) Support and Expansion of Democracy Caucus.--
(1) In general.--The President, acting through the
Secretary of State and the relevant United States
chiefs of mission, should--
(A) continue to strongly support and seek to
expand the work of the democracy caucus at the
United Nations General Assembly and the United
Nations Human Rights Commission; and
(B) seek to establish a democracy caucus at
the United Nations Conference on Disarmament
and at other broad-based international
organizations.
(2) Purposes of the caucus.--A democracy caucus at an
international organization should--
(A) forge common positions, including, as
appropriate, at the ministerial level, on
matters of concern before the organization and
work within and across regional lines to
promote agreed positions;
(B) work to revise an increasingly outmoded
system of membership selection, regional
voting, and decisionmaking; and
(C) establish a rotational leadership
agreement to provide member countries an
opportunity, for a set period of time, to serve
as the designated president of the caucus,
responsible for serving as its voice in each
organization.
(b) Leadership and Membership of International
Organizations.--The President, acting through the Secretary of
State, the relevant United States chiefs of mission, and, where
appropriate, the Secretary of the Treasury, should use the
voice, vote, and influence of the United States to--
(1) where appropriate, reform the criteria for
leadership and, in appropriate cases, for membership,
at all United Nations bodies and at other international
organizations and multilateral institutions to which
the United States is a member so as to exclude
countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral
institutions of which the United States is a member
that a member country may not stand in nomination for
membership or in nomination or in rotation for a
significant leadership position in such bodies if the
member country is subject to sanctions imposed by the
United Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in
rotation for a significant leadership position in such
organizations, or for membership on the United Nations
Security Council, if the government of the member
country has been determined by the Secretary of State
to have repeatedly provided support for acts of
international terrorism.
(c) Increased Training in Multilateral Diplomacy.--
(1) Statement of policy.--It shall be the policy of
the United States that training courses should be
established for Foreign Service Officers and civil
service employees of the State Department, including
appropriate chiefs of mission, on the conduct of
multilateral diplomacy, including the conduct of
negotiations at international organizations and
multilateral institutions, negotiating skills that are
required at multilateral settings, coalition-building
techniques, and lessons learned from previous United
States multilateral negotiations.
(2) Personnel.--
(A) In general.--The Secretary shall ensure
that the training described in paragraph (1) is
provided at various stages of the career of
members of the Service.
(B) Actions of the Secretary.--The Secretary
shall ensure that--
(i) officers of the Service receive
training on the conduct of diplomacy at
international organizations and other
multilateral institutions and at broad-
based multilateral negotiations of
international instruments as part of
their training upon entry into the
Service; and
(ii) officers of the Service,
including chiefs of
mission, who are assigned to United
States missions representing the United
States to international organizations
and other multilateral institutions or
who are assigned in Washington, D.C.,
to positions that have as their primary
responsibility formulation of policy
toward such organizations and
institutions or toward participation in
broad-based multilateral negotiations
of international instruments, receive
specialized training in the areas
described in paragraph (1) prior to
beginning of service for such
assignment or, if receiving such
training at that time is not practical,
within the first year of beginning such
assignment.
(3) Training for civil service employees.--The
Secretary shall ensure that employees of the Department
of State who are members of the civil service and who
are assigned to positions described in paragraph (2)
receive training described in paragraph (1) prior to
the beginning of service for such assignment or, if
receiving such training at such time is not practical,
within the first year of beginning such assignment.
SEC. 7112.\14\ EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE
PROGRAMS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
---------------------------------------------------------------------------
\14\ 22 U.S.C. 2451 note.
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(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to
promote internationally the values and ideals of the
United States.
(2) Exchange, scholarship, and library programs can
expose young people from other countries to United
States values and offer them knowledge and hope.
(b) Declaration of Policy.--Consistent with the report of
the National Commission on Terrorist Attacks Upon the United
States, Congress declares that--
(1) the United States should commit to a long-term
and sustainable investment in promoting engagement with
people of all levels of society in countries with
predominantly Muslim populations, particularly with
youth and those who influence youth;
(2) such an investment should make use of the talents
and resources in the private sector and should include
programs to increase the number of people who can be
exposed to the United States and its fundamental ideas
and values in order to dispel misconceptions; and
(3) such programs should include youth exchange
programs, young ambassadors programs, international
visitor programs, academic and cultural exchange
programs, American Corner programs, library programs,
journalist exchange programs, sister city programs, and
other programs related to people-to-people diplomacy.
(c) Sense of Congress.--It is the sense of Congress that
the United States should significantly increase its investment
in the people-to-people programs described in subsection (b).
(d) Authority To Expand Educational and Cultural
Exchanges.--The President is authorized to substantially expand
the exchange, scholarship, and library programs of the United
States, especially such programs that benefit people in the
Muslim world.
(e) Availability of Funds.--Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for
educational and cultural exchange programs, there shall be
available to the Secretary of State such sums as may be
necessary to carry out programs under this section, unless
otherwise authorized by Congress.
SEC. 7113.\15\ PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO
PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress makes the following findings:
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\15\ 22 U.S.C. 2452 note.
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(1) During the 2003-2004 school year, the Office of
Overseas Schools of the Department of State is
financially assisting 189 elementary and secondary
schools in foreign countries.
(2) United States-sponsored elementary and secondary
schools are located in more than 20 countries with
predominantly Muslim populations in the Near East,
Africa, South Asia, Central Asia, and East Asia.
(3) United States-sponsored elementary and secondary
schools provide an American-style education in English,
with curricula that typically include an emphasis on
the development of critical thinking and analytical
skills.
(b) Statement of Policy.--The United States has an interest
in increasing the level of financial support provided to United
States-sponsored elementary and secondary schools in countries
with predominantly Muslim populations in order to--
(1) increase the number of students in such countries
who attend such schools;
(2) increase the number of young people who may
thereby gain at any early age an appreciation for the
culture, society, and history of the United States; and
(3) increase the number of young people who may
thereby improve their proficiency in the English
language.
(c) Pilot Program.--The Secretary of State, acting through
the Director of the Office of Overseas Schools of the
Department of State, may conduct a pilot program to make grants
to United States-sponsored elementary and secondary schools in
countries with predominantly Muslim populations for the purpose
of providing full or partial merit-based scholarships to
students from lower-income and middle-income families of such
countries to attend such schools.
(d) Determination of Eligible Students.--For purposes of
the pilot program, a United States-sponsored elementary and
secondary school that receives a grant under the pilot program
may establish criteria to be implemented by such school to
determine what constitutes lower-income and middle-income
families in the country (or region of the country, if regional
variations in income levels in the country are significant) in
which such school is located.
(e) Restriction on Use of Funds.--Amounts appropriated to
the Secretary of State pursuant to the authorization of
appropriations in subsection (h) shall be used for the sole
purpose of making grants under this section, and may not be
used for the administration of the Office of Overseas Schools
of the Department of State or for any other activity of the
Office.
(f) Voluntary Participation.--Nothing in this section shall
be construed to require participation in the pilot program by a
United States-sponsored elementary or secondary school in a
predominantly Muslim country.
(g) Report.--Not later than April 15, 2006, the Secretary
of State shall submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the pilot program.
The report shall assess the success of the program, examine any
obstacles encountered in its implementation, and address
whether it should be continued, and if so, provide
recommendations to increase its effectiveness.
(h) Funding.--There are authorized to be appropriated to
the Secretary of State for each of the fiscal years 2005 and
2006, unless otherwise authorized by Congress, such sums as
necessary to implement the pilot program under this section.
SEC. 7114.\16\ INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
---------------------------------------------------------------------------
\16\ 22 U.S.C. 2228.
---------------------------------------------------------------------------
(1) Education that teaches tolerance, the dignity and
value of each individual, and respect for different
beliefs is a key element in any global strategy to
eliminate terrorism.
(2) Education in the Middle East about the world
outside that region is weak.
(3) The United Nations has rightly equated literacy
with freedom.
(4) The international community is moving toward
setting a concrete goal of reducing by half the
illiteracy rate in the Middle East by 2010, through the
implementation of education programs targeting women
and girls and programs for adult literacy, and by other
means.
(5) To be effective, efforts to improve education in
the Middle East must also include--
(A) support for the provision of basic
education tools, such as textbooks that
translate more of the world's knowledge into
local languages and local libraries to house
such materials; and
(B) more vocational education in trades and
business skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have
been developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The Secretary of State is
authorized to establish through an existing
international organization, such as the United Nations
Educational, Science and Cultural Organization (UNESCO)
or other similar body, an International Youth
Opportunity Fund to provide financial assistance for
the improvement of public education in the Middle East
and other countries of strategic interest with
predominantly Muslim populations.
(2) International participation.--The Secretary
should seek the cooperation of the international
community in establishing and generously supporting the
Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty,
breeding grounds for terrorism are created by backward
economic policies and repressive political regimes.
(2) Policies that support economic development and
reform also have political implications, as economic
and political liberties are often linked.
(3) The United States is working toward creating a
Middle East Free Trade Area by 2013 and implementing a
free trade agreement with Bahrain, and free trade
agreements exist between the United States and Israel
and the United States and Jordan.
(4) Existing and proposed free trade agreements
between the United States and countries with
predominantly Muslim populations are drawing interest
from other countries in the Middle East region, and
countries with predominantly Muslim populations can
become full participants in the rules-based global
trading system, as the United States considers lowering
its barriers to trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that
encourage development, open societies, and
opportunities for people to improve the lives of their
families and to enhance prospects for their children's
future;
(2) one element of such a strategy should encompass
the lowering of trade barriers with the poorest
countries that have a significant population of Muslim
individuals;
(3) another element of such a strategy should
encompass United States efforts to promote economic
reform in countries that have a significant population
of Muslim individuals, including efforts to integrate
such countries into the global trading system; and
(4) given the importance of the rule of law in
promoting economic development and attracting
investment, the United States should devote an
increased proportion of its assistance to countries in
the Middle East to the promotion of the rule of law.
SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2005 and 2006,
(unless otherwise authorized by Congress) such sums as may be
necessary for the Middle East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform to
development in the Middle East, a significant portion of the
funds authorized to be appropriated under subsection (a) should
be made available to promote the rule of law in the Middle
East.
SEC. 7117.\17\ COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
---------------------------------------------------------------------------
\17\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
(1) Almost every aspect of the counterterrorism
strategy of the United States relies on international
cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign
governments concerning counterterrorism have expanded
significantly, but such contacts have often been ad hoc
and not integrated as a comprehensive and unified
approach to counterterrorism.
(b) In General.--The Secretary of State is authorized in
consultation with relevant United States Government agencies,
to negotiate on a bilateral or multilateral basis, as
appropriate, international agreements under which parties to an
agreement work in partnership to address and interdict acts of
international terrorism.
(c) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress
that the President--
(A) should seek to engage the leaders of the
governments of other countries in a process of
advancing beyond separate and uncoordinated
national counterterrorism strategies to develop
with those other governments a comprehensive
multilateral strategy to fight terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact
group with the leaders of governments providing
leadership in global counterterrorism efforts
and governments of countries with sizable
Muslim populations, to be used as a ready and
flexible international means for discussing and
coordinating the development of important
counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to
establish an international counterterrorism policy
contact group with the leaders of governments referred
to in paragraph (1) for the following purposes:
(A) To meet annually, or more frequently as
the President determines appropriate, to
develop in common with such other governments
important policies and a strategy that address
the various components of international
prosecution of the war on terrorism, including
policies and a strategy that address military
issues, law enforcement, the collection,
analysis, and dissemination of intelligence,
issues relating to interdiction of travel by
terrorists, counterterrorism-related customs
issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that
the President and leaders of other
participating governments determine
appropriate, long-term issues that can
contribute to strengthening stability and
security in the Middle East.
SEC. 7118. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The death or capture of several important
financial facilitators has decreased the amount of
money available to al Qaeda, and has made it more
difficult for al Qaeda to raise and move money.
(2) The capture of al Qaeda financial facilitators
has provided a windfall of intelligence that can be
used to continue the cycle of disruption.
(3) The United States Government has rightly
recognized that information about terrorist money helps
in understanding terror networks, searching them out,
and disrupting their operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical weapon in the effort to stop terrorist
financing should be the targeting of terrorist
financial facilitators by intelligence and law
enforcement agencies; and
(2) efforts to track terrorist financing must be
paramount in United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is
amended--* * * \18\
---------------------------------------------------------------------------
\18\ For amended text, see page 1355.
---------------------------------------------------------------------------
(d) \19\ Savings Provision.--For purposes of applying
section 219 of the Immigration and Nationality Act on or after
the date of enactment of this Act, the term ``designation'', as
used in that section, includes all redesignations made pursuant
to section 219(a)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this
Act, and such redesignations shall continue to be effective
until revoked as provided in paragraph (5) or (6) of section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
---------------------------------------------------------------------------
\19\ 8 U.S.C. 1189 note.
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SEC. 7120. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall submit to Congress a
report on the activities of the Government of the United States
to carry out the provisions of this subtitle.
(b) Contents.--The report required under this section shall
include the following:
(1) Terrorist sanctuaries.--A description of the
strategy of the United States to address and, where
possible, eliminate terrorist sanctuaries, including--
(A) a description of the terrorist
sanctuaries that exist;
(B) an outline of strategies, tactics, and
tools for disrupting or eliminating the
security provided to terrorists by such
sanctuaries;
(C) a description of efforts by the United
States Government to work with other countries
in bilateral and multilateral fora to elicit
the cooperation needed to identify and address
terrorist sanctuaries that may exist unknown to
governments; and
(D) a description of long-term goals and
actions designed to reduce the conditions that
allow the formation of terrorist sanctuaries,
such as supporting and strengthening host
governments, reducing poverty, increasing
economic development, strengthening civil
society, securing borders, strengthening
internal security forces, and disrupting
logistics and communications networks of
terrorist groups.
(2) Support for pakistan.--A description of a United
States strategy to engage with Pakistan and to support
it over the long term, including--
(A) recommendations on the composition and
levels of assistance required in future years,
with special consideration of the proper
balance between security assistance and other
forms of assistance;
(B) a description of the composition and
levels of assistance, other than security
assistance, at present and in the recent past,
structured to permit a comparison of current
and past practice with that recommended for the
future;
(C) measures that could be taken to ensure
that all forms of foreign assistance to
Pakistan have the greatest possible long-term
positive impact on the welfare of the Pakistani
people and on the ability of Pakistan to
cooperate in global efforts against terror; and
(D) measures that could be taken to alleviate
difficulties, misunderstandings, and
complications in the relationship between the
United States and Pakistan.
(3) Collaboration with saudi arabia.--A description
of the strategy of the United States for expanding
collaboration with the Government of Saudi Arabia on
subjects of mutual interest and of importance,
including a description of--
(A) steps that could usefully be taken to
institutionalize and make more transparent
government to government relationships between
the United States and Saudi Arabia, including
the utility of undertaking periodic, formal,
and visible high-level dialogues between
government officials of both countries to
address challenges in the relationship between
the 2 governments and to identify areas and
mechanisms for cooperation;
(B) intelligence and security cooperation
between the United States and Saudi Arabia in
the fight against Islamist terrorism;
(C) ways to increase the contribution of
Saudi Arabia to the stability of the Middle
East and the Islamic world, particularly to the
Middle East peace process, by eliminating
support from or within Saudi Arabia for
extremist groups or tendencies;
(D) political and economic reform in Saudi
Arabia and throughout the Islamic world;
(E) ways to promote greater tolerance and
respect for cultural and religious diversity in
Saudi Arabia and throughout the Islamic world;
and
(F) ways to assist the Government of Saudi
Arabia in reversing the impact of any
financial, moral, intellectual, or other
support provided in the past from Saudi sources
to extremist groups in Saudi Arabia and other
countries, and to prevent this support from
continuing in the future.
(4) Struggle of ideas in the islamic world.--A
description of a cohesive, long-term strategy of the
United States to help win the struggle of ideas in the
Islamic world, including the following:
(A) A description of specific goals related
to winning this struggle of ideas.
(B) A description of the range of tools
available to the United States Government to
accomplish such goals and the manner in which
such tools will be employed.
(C) A list of benchmarks for measuring
success and a plan for linking resources to the
accomplishment of such goals.
(D) A description of any additional resources
that may be necessary to help win this struggle
of ideas.
(E) Any recommendations for the creation of,
and United States participation in,
international institutions for the promotion of
democracy and economic diversification in the
Islamic world, and intraregional trade in the
Middle East.
(F) An estimate of the level of United States
financial assistance that would be sufficient
to convince United States allies and people in
the Islamic world that engaging in the struggle
of ideas in the Islamic world is a top priority
of the United States and that the United States
intends to make a substantial and sustained
commitment toward winning this struggle.
(5) Outreach through broadcast media.--A description
of a cohesive, long-term strategy of the United States
to expand its outreach to foreign Muslim audiences
through broadcast media, including the following:
(A) The initiatives of the Broadcasting Board
of Governors with respect to outreach to
foreign Muslim audiences.
(B) An outline of recommended actions that
the United States Government should take to
more regularly and comprehensively present a
United States point of view through indigenous
broadcast media in countries with predominantly
Muslim populations, including increasing
appearances by United States Government
officials, experts, and citizens.
(C) An assessment of the major themes of
biased or false media coverage of the United
States in foreign countries and the actions
taken to address this type of media coverage.
(D) An assessment of potential incentives
for, and costs associated with, encouraging
United States broadcasters to dub or subtitle
into Arabic and other relevant languages their
news and public affairs programs broadcast in
the Muslim world in order to present those
programs to a much broader Muslim audience than
is currently reached.
(E) Any recommendations the President may
have for additional funding and legislation
necessary to achieve the objectives of the
strategy.
(6) Visas for participants in united states
programs.--A description of--
(A) any recommendations for expediting the
issuance of visas to individuals who are
entering the United States for the purpose of
participating in a scholarship, exchange, or
visitor program described in section 7111(b)
without compromising the security of the United
States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(7) Basic education in muslim countries.--A
description of a strategy, that was developed after
consultation with nongovernmental organizations and
individuals involved in education assistance programs
in developing countries, to promote free universal
basic education in the countries of the Middle East and
in other countries with predominantly Muslim
populations designated by the President. The strategy
shall include the following elements:
(A) A description of the manner in which the
resources of the United States and the
international community shall be used to help
achieve free universal basic education in such
countries, including--
(i) efforts of the United States to
coordinate an international effort;
(ii) activities of the United States
to leverage contributions from members
of the Group of Eight or other donors;
and
(iii) assistance provided by the
United States to leverage contributions
from the private sector and civil
society organizations.
(B) A description of the efforts of the
United States to coordinate with other donors
to reduce duplication and waste at the global
and country levels and to ensure efficient
coordination among all relevant departments and
agencies of the Government of the United
States.
(C) A description of the strategy of the
United States to assist efforts to overcome
challenges to achieving free universal basic
education in such countries, including
strategies to target hard to reach populations
to promote education.
(D) A listing of countries that the President
determines might be eligible for assistance
under the International Youth Opportunity Fund
described in section 7114(b) and related
programs.
(E) A description of the efforts of the
United States to encourage countries in the
Middle East and other countries with
predominantly Muslim populations designated by
the President to develop and implement a
national education plan.
(F) A description of activities that could be
carried out as part of the International Youth
Opportunity Fund to help close the digital
divide and expand vocational and business
skills in such countries.
(G) An estimate of the funds needed to
achieve free universal basic education by 2015
in each country described in subparagraph (D),
and an estimate of the amount that has been
expended by the United States and by each such
country during the previous fiscal year.
(H) A description of the United States
strategy for garnering programmatic and
financial support from countries in the Middle
East and other countries with predominantly
Muslim populations designated by the President,
international organizations, and other
countries that share the objectives of the
International Youth Opportunity Fund.
(8) Economic reform.--A description of the efforts of
the United States Government to encourage development
and promote economic reform in countries that have a
predominantly Muslim population, including a
description of--
(A) efforts to integrate countries with
predominantly Muslim populations into the
global trading system; and
(B) actions that the United States
Government, acting alone and in partnership
with governments in the Middle East, can take
to promote intraregional trade and the rule of
law in the region.
(c) Form of Report.--Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) under this section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a)-(d) * * * \20\
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\20\ For amended text, see page 985.
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(e) Enforcement of Requirements.--Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
is amended to read as follows: * * * \21\
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\21\ For amended text, see page 516.
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SEC. 7122.\22\ EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this
subtitle shall take effect on the date of enactment of this
Act.
---------------------------------------------------------------------------
\22\ 1 U.S.C. 112a note.
---------------------------------------------------------------------------
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) \23\ Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the United
States, Congress makes the following findings:
---------------------------------------------------------------------------
\23\ 8 U.S.C. 1776 note.
---------------------------------------------------------------------------
(1) Travel documents are as important to terrorists
as weapons since terrorists must travel clandestinely
to meet, train, plan, case targets, and gain access to
attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated
channels, present themselves to border security
officials, or attempt to circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods
to travel, such as altered and counterfeit passports
and visas, specific travel methods and routes, liaisons
with corrupt government officials, human smuggling
networks, supportive travel agencies, and immigration
and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If
an agency had done so, the agency could have discovered
the ways in which the terrorist predecessors to al
Qaeda had been systematically, but detectably,
exploiting weaknesses in our border security since the
early 1990s.
(5) Many of the hijackers were potentially vulnerable
to interception by border authorities. Analyzing their
characteristic travel documents and travel patterns
could have allowed authorities to intercept some of the
hijackers and a more effective use of information
available in government databases could have identified
some of the hijackers.
(6) The routine operations of our immigration laws
and the aspects of those laws not specifically aimed at
protecting against terrorism inevitably shaped al
Qaeda's planning and opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated
into the front lines of border security.
(8) The small classified terrorist travel
intelligence collection and analysis program currently
in place has produced useful results and should be
expanded.
(b) \24\ Strategy.--
---------------------------------------------------------------------------
\24\ 50 U.S.C. 404o.
---------------------------------------------------------------------------
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Director of the National
Counterterrorism Center shall submit to Congress
unclassified and classified versions of a strategy for
combining terrorist travel intelligence, operations,
and law enforcement into a cohesive effort to intercept
terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and
internationally. The report to Congress should include
a description of the actions taken to implement the
strategy and an assessment regarding vulnerabilities
within the United States and foreign travel systems
that may be exploited by international terrorists,
human smugglers and traffickers, and their
facilitators.
(2) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies.
(3) Contents.--The strategy may address--
(A) a program for collecting, analyzing,
disseminating, and utilizing information and
intelligence regarding terrorist travel tactics
and methods, and outline which Federal
intelligence, diplomatic, and law enforcement
agencies will be held accountable for
implementing each element of the strategy;
(B) the intelligence and law enforcement
collection, analysis, operations, and reporting
required to identify and disrupt terrorist
travel tactics, practices, patterns, and
trends, and the terrorist travel facilitators,
document forgers, human smugglers, travel
agencies, and corrupt border and transportation
officials who assist terrorists;
(C) the training and training materials
required by consular, border, and immigration
officials to effectively detect and disrupt
terrorist travel described under subsection
(c)(3);
(D) the new technology and procedures
required and actions to be taken to integrate
existing counterterrorist travel document and
mobility intelligence into border security
processes, including consular, port of entry,
border patrol, maritime, immigration benefits,
and related law enforcement activities;
(E) the actions required to integrate current
terrorist mobility intelligence into military
force protection measures;
(F) the additional assistance to be given to
the interagency Human Smuggling and Trafficking
Center for purposes of combatting terrorist
travel, including further developing and
expanding enforcement and operational
capabilities that address terrorist travel;
(G) the actions to be taken to aid in the
sharing of information between the frontline
border agencies of the Department of Homeland
Security, the Department of State, and
classified and unclassified sources of
counterterrorist travel intelligence and
information elsewhere in the Federal
Government, including the Human Smuggling and
Trafficking Center;
(H) the development and implementation of
procedures to enable the National
Counterterrorism Center, or its designee, to
timely receive terrorist travel intelligence
and documentation obtained at consulates and
ports of entry, and by law enforcement officers
and military personnel;
(I) the use of foreign and technical
assistance to advance border security measures
and law enforcement operations against
terrorist travel facilitators;
(J) the feasibility of developing a program
to provide each consular, port of entry, and
immigration benefits office with a
counterterrorist travel expert trained and
authorized to use the relevant authentication
technologies and cleared to access all
appropriate immigration, law enforcement, and
intelligence databases;
(K) the feasibility of digitally transmitting
suspect passport information to a central cadre
of specialists, either as an interim measure
until such time as experts described under
subparagraph (J) are available at consular,
port of entry, and immigration benefits
offices, or otherwise;
(L) the development of a mechanism to ensure
the coordination and dissemination of terrorist
travel intelligence and operational information
among the Department of Homeland Security, the
Department of State, the National
Counterterrorism Center, and other appropriate
agencies;
(M) granting consular officers and
immigration adjudicators, as appropriate, the
security clearances necessary to access law
enforcement sensitive and intelligence
databases; and
(N) how to integrate travel document
screening for terrorism indicators into border
screening, and how to integrate the
intelligence community into a robust travel
document screening process to intercept
terrorists.
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--
Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit
to Congress a plan describing how the Department of
Homeland Security and the Department of State can
acquire and deploy, to the maximum extent feasible, to
all consulates, ports of entry, and immigration
benefits offices, technologies that facilitate document
authentication and the detection of potential terrorist
indicators on travel documents. To the extent possible,
technologies acquired and deployed under this plan
shall be compatible with systems used by the Department
of Homeland Security to detect fraudulent documents and
identify genuine documents.
(2) Contents of plan.--The plan submitted under
paragraph (1) shall--
(A) outline the timetable needed to acquire
and deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these
technologies; and
(ii) train personnel on use of these
technologies; and
(C) address the feasibility of using these
technologies to screen every passport or other
documentation described in section 7209(b)
submitted for identification purposes to a
United States consular, border, or immigration
official.
(d) \25\ Training Program.--
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\25\ 8 U.S.C. 1776.
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(1) Review, evaluation, and revision of existing
training programs.--The Secretary of Homeland Security
shall--
(A) review and evaluate the training
regarding travel and identity documents, and
techniques, patterns, and trends associated
with terrorist travel that is provided to
personnel of the Department of Homeland
Security;
(B) in coordination with the Secretary of
State, review and evaluate the training
described in subparagraph (A) that is provided
to relevant personnel of the Department of
State; and
(C) in coordination with the Secretary of
State, develop and implement an initial
training and periodic retraining program--
(i) to teach border, immigration, and
consular officials (who inspect or
review travel or identity documents as
part of their official duties) how to
effectively detect, intercept, and
disrupt terrorist travel; and
(ii) to ensure that the officials
described in clause (i) regularly
receive the most current information on
such matters and are periodically
retrained on the matters described in
paragraph (2).
(2) Required topics of revised programs.--The
training program developed under paragraph (1)(C) shall
include training in--
(A) methods for identifying fraudulent and
genuine travel documents;
(B) methods for detecting terrorist
indicators on travel documents and other
relevant identity documents;
(C) recognition of travel patterns, tactics,
and behaviors exhibited by terrorists;
(D) effective utilization of information
contained in databases and data systems
available to the Department of Homeland
Security; and
(E) other topics determined to be appropriate
by the Secretary of Homeland Security, in
consultation with the Secretary of State or the
Director of National Intelligence.
(3) Implementation.--
(A) Department of homeland security.--
(i) In general.--The Secretary of
Homeland Security shall provide all
border and immigration officials who
inspect or review travel or identity
documents as part of their official
duties with the training described in
paragraph (1)(C).
(ii) Report to congress.--Not later
than 12 months after the date of
enactment of this Act, and annually
thereafter for a period of 3 years, the
Secretary of Homeland Security shall
submit a report to Congress that--
(I) describes the number of
border and immigration
officials who inspect or review
identity documents as part of
their official duties, and the
proportion of whom have
received the revised training
program described in paragraph
(1)(C)(i);
(II) explains the reasons, if
any, for not completing the
requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable
for completion of the training
described in paragraph
(1)(C)(i) for those who have
not received such training; and
(IV) describes the status of
periodic retraining of
appropriate personnel described
in paragraph (1)(C)(ii).
(B) Department of state.--
(i) In general.--The Secretary of
State shall provide all consular
officers who inspect or review travel
or identity documents as part of their
official duties with the training
described in paragraph (1)(C).
(ii) Report to congress.--Not later
than 12 months after the date of
enactment of this Act, and annually
thereafter for a period of 3 years, the
Secretary of State shall submit a
report to Congress that--
(I) describes the number of
consular officers who inspect
or review travel or identity
documents as part of their
official duties, and the
proportion of whom have
received the revised training
program described in paragraph
(1)(C)(i);
(II) explains the reasons, if
any, for not completing the
requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable
for completion of the training
described in paragraph
(1)(C)(i) for those who have
not received such training; and
(IV) describes the status of
periodic retraining of
appropriate personnel described
in paragraph (1)(C)(ii).
(4) Assistance to others.--The Secretary of Homeland
Security may assist States, Indian tribes, local
governments, and private organizations to establish
training programs related to terrorist travel
intelligence.
(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2005 through
2009 to carry out the provisions of this subsection.
(e) \26\ Enhancing Classified Counterterrorist Travel
Efforts.--
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\26\ 50 U.S.C. 403-1 note.
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(1) In general.--The Director of National
Intelligence shall significantly increase resources and
personnel to the small classified program that collects
and analyzes intelligence on terrorist travel.
(2) Authorization of appropriations.--There are
authorized to be appropriated for each of the fiscal
years 2005 through 2009 such sums as may be necessary
to carry out this subsection.
SEC. 7202.\27\ ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) Establishment.--There is established a Human Smuggling
and Trafficking Center (referred to in this section as the
``Center'').
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\27\ 8 U.S.C. 1777.
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(b) Operation.--The Secretary of State, the Secretary of
Homeland Security, and the Attorney General shall operate the
Center in accordance with the Memorandum of Understanding
entitled, ``Human Smuggling and Trafficking Center (HSTC),
Charter''.
(c) Functions.--In addition to such other responsibilities
as the President may assign, the Center shall--
(1) serve as the focal point for interagency efforts
to address terrorist travel;
(2) serve as a clearinghouse with respect to all
relevant information from all Federal Government
agencies in support of the United States strategy to
prevent separate, but related, issues of clandestine
terrorist travel and facilitation of migrant smuggling
and trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of
the Federal Government to improve effectiveness and to
convert all information available to the Federal
Government relating to clandestine terrorist travel and
facilitation, migrant smuggling, and trafficking of
persons into tactical, operational, and strategic
intelligence that can be used to combat such illegal
activities; and
(4) prepare and submit to Congress, on an annual
basis, a strategic assessment regarding vulnerabilities
in the United States and foreign travel system that may
be exploited by international terrorists, human
smugglers and traffickers, and their facilitators.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the President shall transmit to Congress
a report regarding the implementation of this section,
including a description of the staffing and resource needs of
the Center.
(e) Relationship to the NCTC.--As part of its mission to
combat terrorist travel, the Center shall work to support the
efforts of the National Counterterrorism Center.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) Increased Number of Consular Officers.--The Secretary
of State, in each of fiscal years 2006 through 2009, may
increase by 150 the number of positions for consular officers
above the number of such positions for which funds were
allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Visa
Screening.--
(1) Immigrant visas.--Section 222(b) of the
Immigration and Nationality Act (8 U.S.C. 1202(b)) is
amended by adding at the end the following: ``All
immigrant visa applications shall be reviewed and
adjudicated by a consular officer.''.
(2) Nonimmigrant visas.--Section 222(d) of the
Immigration and Nationality Act (8 U.S.C. 1202(d)) is
amended by adding at the end the following: ``All
nonimmigrant visa applications shall be reviewed and
adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of
Fraudulent Documents.--Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))
is amended by adding at the end the following: * * * \28\
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\28\ For amended text, see page 1073.
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(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary
of State, in coordination with the Secretary of
Homeland Security, shall conduct a survey of each
diplomatic and consular post at which visas are issued
to assess the extent to which fraudulent documents are
presented by visa applicants to consular officers at
such posts.
(2) Requirement for specialist.--
(A) In general.--Not later than July 31,
2005, the Secretary of State, in coordination
with the Secretary of Homeland Security, shall
identify the diplomatic and consular posts at
which visas are issued that experience the
greatest frequency of presentation of
fraudulent documents by visa applicants. The
Secretary of State shall assign or designate at
each such post at least 1 full-time anti-fraud
specialist employed by the Department of State
to assist the consular officers at each such
post in the detection of such fraud.
(B) Exceptions.--The Secretary of State is
not required to assign or designate a
specialist under subparagraph (A) at a
diplomatic or consular post if an employee of
the Department of Homeland Security, who has
sufficient training and experience in the
detection of fraudulent documents, is assigned
on a full-time basis to such post under section
428 of the Homeland Security Act of 2002 (6
U.S.C. 236).
SEC. 7204.\29\ INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST
TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED
DOCUMENTS.
(a) Findings.--Congress makes the following findings:
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\29\ 22 U.S.C. 2656 note.
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(1) International terrorists travel across
international borders to raise funds, recruit members,
train for operations, escape capture, communicate, and
plan and carry out attacks.
(2) The international terrorists who planned and
carried out the attack on the World Trade Center on
February 26, 1993, the attack on the embassies of the
United States in Kenya and Tanzania on August 7, 1998,
the attack on the USS Cole on October 12, 2000, and the
attack on the World Trade Center and the Pentagon on
September 11, 2001, traveled across international
borders to plan and carry out these attacks.
(3) The international terrorists who planned other
attacks on the United States, including the plot to
bomb New York City landmarks in 1993, the plot to bomb
the New York City subway in 1997, and the millennium
plot to bomb Los Angeles International Airport on
December 31, 1999, traveled across international
borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned
and carried out large-scale attacks against foreign
targets, including the attack in Bali, Indonesia, on
October 11, 2002, and the attack in Madrid, Spain, on
March 11, 2004, traveled across international borders
to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World
Trade Center on February 26, 1993, the plot to bomb New
York City landmarks in 1993, and the millennium plot to
bomb Los Angeles International Airport on December 31,
1999, traveled on fraudulent passports and often had
more than 1 passport.
(6) Two of the September 11, 2001, hijackers were
carrying passports that had been manipulated in a
fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon
the United States, (commonly referred to as the 9/11
Commission), stated that ``Targeting travel is at least
as powerful a weapon against terrorists as targeting
their money.''.
(b) International Agreements To Track and Curtail Terrorist
Travel.--
(1) International agreement on lost, stolen, or
falsified documents.--The President should lead efforts
to track and curtail the travel of terrorists by
supporting the drafting, adoption, and implementation
of international agreements, and relevant United
Nations Security Council resolutions to track and stop
international travel by terrorists and other criminals
through the use of lost, stolen, or falsified documents
to augment United Nations and other international anti-
terrorism efforts.
(2) Contents of international agreement.--The
President should seek, as appropriate, the adoption or
full implementation of effective international measures
to--
(A) share information on lost, stolen, and
fraudulent passports and other travel documents
for the purposes of preventing the undetected
travel of persons using such passports and
other travel documents that were obtained
improperly;
(B) establish and implement a real-time
verification system of passports and other
travel documents with issuing authorities;
(C) share with officials at ports of entry in
any such country information relating to lost,
stolen, and fraudulent passports and other
travel documents;
(D) encourage countries--
(i) to criminalize--
(I) the falsification or
counterfeiting of travel
documents or breeder documents
for any purpose;
(II) the use or attempted use
of false documents to obtain a
visa or cross a border for any
purpose;
(III) the possession of tools
or implements used to falsify
or counterfeit such documents;
(IV) the trafficking in false
or stolen travel documents and
breeder documents for any
purpose;
(V) the facilitation of
travel by a terrorist; and
(VI) attempts to commit,
including conspiracies to
commit, the crimes specified in
subclauses (I) through (V);
(ii) to impose significant penalties
to appropriately punish violations and
effectively deter the crimes specified
in clause (i); and
(iii) to limit the issuance of
citizenship papers, passports,
identification documents, and similar
documents to persons--
(I) whose identity is proven
to the issuing authority;
(II) who have a bona fide
entitlement to or need for such
documents; and
(III) who are not issued such
documents principally on
account of a disproportional
payment made by them or on
their behalf to the issuing
authority;
(E) provide technical assistance to countries
to help them fully implement such measures; and
(F) permit immigration and border officials--
(i) to confiscate a lost, stolen, or
falsified passport at ports of entry;
(ii) to permit the traveler to return
to the sending country without being in
possession of the lost, stolen, or
falsified passport; and
(iii) to detain and investigate such
traveler upon the return of the
traveler to the sending country.
(3) International civil aviation organization.--The
United States shall lead efforts to track and curtail
the travel of terrorists by supporting efforts at the
International Civil Aviation Organization to continue
to strengthen the security features of passports and
other travel documents.
(c) Report.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, and at least annually
thereafter, the President shall submit to the
appropriate congressional committees a report on
progress toward achieving the goals described in
subsection (b).
(2) Termination.--Paragraph (1) shall cease to be
effective when the President certifies to the Committee
on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate that the goals described in subsection
(b) have been fully achieved.
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO
THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL
DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The current lack of a single convention for
translating Arabic names enabled some of the 19
hijackers of aircraft used in the terrorist attacks
against the United States that occurred on September
11, 2001, to vary the spelling of their names to defeat
name-based terrorist watchlist systems and to make more
difficult any potential efforts to locate them.
(2) Although the development and utilization of
terrorist watchlist systems using biometric identifiers
will be helpful, the full development and utilization
of such systems will take several years, and name-based
terrorist watchlist systems will always be useful.
(b) Sense of Congress.--It is the sense of Congress that
the President should seek to enter into an international
agreement to modernize and improve standards for the
transliteration of names into the Roman alphabet in order to
ensure 1 common spelling for such names for international
travel documents and name-based watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) In General.--Section 235A(b) of the Immigration and
Nationality Act (8 U.S.C. 1225a(b)) is amended--
(1) in the subsection heading, by inserting ``and
Immigration Security Initiative'' after ``Program'';
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(3) by adding at the end the following: ``Beginning
not later than December 31, 2006, the number of
airports selected for an assignment under this
subsection shall be at least 50.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER
PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State
shall certify to Congress which of the countries designated to
participate in the visa waiver program established under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187) are developing a program to issue to individuals seeking
to enter that country pursuant to a visa issued by that
country, a machine readable visa document that is tamper-
resistant and incorporates biometric identification information
that is verifiable at its port of entry.
SEC. 7208.\30\ BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that completing a biometric entry and exit data
system as expeditiously as possible is an essential investment
in efforts to protect the United States by preventing the entry
of terrorists.
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\30\ 8 U.S.C. 1365b.
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(b) Definition.--In this section, the term ``entry and exit
data system'' means the entry and exit system required by
applicable sections of--
(1) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-
205);
(3) the Visa Waiver Permanent Program Act (Public Law
106-396);
(4) the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Public Law 107-56).
(c) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit
data system.
(2) Report.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit a
report to Congress on the plan developed under
paragraph (1), which shall contain--
(A) a description of the current
functionality of the entry and exit data
system, including--
(i) a listing of ports of entry and
other Department of Homeland Security
and Department of State locations with
biometric entry data systems in use and
whether such screening systems are
located at primary or secondary
inspection areas;
(ii) a listing of ports of entry and
other Department of Homeland Security
and Department of State locations with
biometric exit data systems in use;
(iii) a listing of databases and data
systems with which the entry and exit
data system are interoperable;
(iv) a description of--
(I) identified deficiencies
concerning the accuracy or
integrity of the information
contained in the entry and exit
data system;
(II) identified deficiencies
concerning technology
associated with processing
individuals through the system;
and
(III) programs or policies
planned or implemented to
correct problems identified in
subclause (I) or (II); and
(v) an assessment of the
effectiveness of the entry and exit
data system in fulfilling its intended
purposes, including preventing
terrorists from entering the United
States;
(B) a description of factors relevant to the
accelerated implementation of the biometric
entry and exit data system, including--
(i) the earliest date on which the
Secretary estimates that full
implementation of the biometric entry
and exit data system can be completed;
(ii) the actions the Secretary will
take to accelerate the full
implementation of the biometric entry
and exit data system at all ports of
entry through which all aliens must
pass that are legally required to do
so; and
(iii) the resources and authorities
required to enable the Secretary to
meet the implementation date described
in clause (i);
(C) a description of any improvements needed
in the information technology employed for the
biometric entry and exit data system;
(D) a description of plans for improved or
added interoperability with any other databases
or data systems; and
(E) a description of the manner in which the
Department of Homeland Security's US-VISIT
program--
(i) meets the goals of a
comprehensive entry and exit screening
system, including both entry and exit
biometric; and
(ii) fulfills the statutory
obligations under subsection (b).
(d) Collection of Biometric Exit Data.--The entry and exit
data system shall include a requirement for the collection of
biometric exit data for all categories of individuals who are
required to provide biometric entry data, regardless of the
port of entry where such categories of individuals entered the
United States.
(e) Integration and Interoperability.--
(1) Integration of data system.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall fully integrate all databases and data
systems that process or contain information on aliens,
which are maintained by--
(A) the Department of Homeland Security, at--
(i) the United States Immigration and
Customs Enforcement;
(ii) the United States Customs and
Border Protection; and
(iii) the United States Citizenship
and Immigration Services;
(B) the Department of Justice, at the
Executive Office for Immigration Review; and
(C) the Department of State, at the Bureau of
Consular Affairs.
(2) Interoperable component.--The fully integrated
data system under paragraph (1) shall be an
interoperable component of the entry and exit data
system.
(3) Interoperable data system.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall fully implement an interoperable
electronic data system, as required by section 202 of
the Enhanced Border Security and Visa Entry Reform Act
(8 U.S.C. 1722) to provide current and immediate access
to information in the databases of Federal law
enforcement agencies and the intelligence community
that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an
alien.
(f) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) Policies and procedures.--
(A) Establishment.--The Secretary of Homeland
Security shall establish rules, guidelines,
policies, and operating and auditing procedures
for collecting, removing, and updating data
maintained in, and adding information to, the
entry and exit data system that ensure the
accuracy and integrity of the data.
(B) Training.--The Secretary shall develop
training on the rules, guidelines, policies,
and procedures established under subparagraph
(A), and on immigration law and procedure. All
personnel authorized to access information
maintained in the databases and data system
shall receive such training.
(2) Data collected from foreign nationals.--The
Secretary of Homeland Security, the Secretary of State,
and the Attorney General, after consultation with
directors of the relevant intelligence agencies, shall
standardize the information and data collected from
foreign nationals, and the procedures utilized to
collect such data, to ensure that the information is
consistent and valuable to officials accessing that
data across multiple agencies.
(3) Data maintenance procedures.--Heads of agencies
that have databases or data systems linked to the entry
and exit data system shall establish rules, guidelines,
policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in,
and adding information to, such databases or data
systems that ensure the accuracy and integrity of the
data and for limiting access to the information in the
databases or data systems to authorized personnel.
(4) Requirements.--The rules, guidelines, policies,
and procedures established under this subsection
shall--
(A) incorporate a simple and timely method
for--
(i) correcting errors in a timely and
effective manner;
(ii) determining which government
officer provided data so that the
accuracy of the data can be
ascertained; and
(iii) clarifying information known to
cause false hits or misidentification
errors;
(B) include procedures for individuals to--
(i) seek corrections of data
contained in the databases or data
systems; and
(ii) appeal decisions concerning data
contained in the databases or data
systems;
(C) strictly limit the agency personnel
authorized to enter data into the system;
(D) identify classes of information to be
designated as temporary or permanent entries,
with corresponding expiration dates for
temporary entries; and
(E) identify classes of prejudicial
information requiring additional authority of
supervisory personnel before entry.
(5) Centralizing and streamlining correction
process.--
(A) In general.--The President, or agency
director designated by the President, shall
establish a clearinghouse bureau in the
Department of Homeland Security, to centralize
and streamline the process through which
members of the public can seek corrections to
erroneous or inaccurate information contained
in agency databases, which is related to
immigration status, or which otherwise impedes
lawful admission to the United States.
(B) Time schedules.--The process described in
subparagraph (A) shall include specific time
schedules for reviewing data correction
requests, rendering decisions on such requests,
and implementing appropriate corrective action
in a timely manner.
(g) Integrated Biometric Entry-Exit Screening System.--The
biometric entry and exit data system shall facilitate efficient
immigration benefits processing by--
(1) ensuring that the system's tracking capabilities
encompass data related to all immigration benefits
processing, including--
(A) visa applications with the Department of
State;
(B) immigration related filings with the
Department of Labor;
(C) cases pending before the Executive Office
for Immigration Review; and
(D) matters pending or under investigation
before the Department of Homeland Security;
(2) utilizing a biometric based identity number tied
to an applicant's biometric algorithm established under
the entry and exit data system to track all immigration
related matters concerning the applicant;
(3) providing that--
(A) all information about an applicant's
immigration related history, including entry
and exit history, can be queried through
electronic means; and
(B) database access and usage guidelines
include stringent safeguards to prevent misuse
of data;
(4) providing real-time updates to the information
described in paragraph (3)(A), including pertinent data
from all agencies referred to in paragraph (1); and
(5) providing continuing education in
counterterrorism techniques, tools, and methods for all
Federal personnel employed in the evaluation of
immigration documents and immigration-related policy.
(h) Entry-Exit System Goals.--The Department of Homeland
Security shall operate the biometric entry and exit system so
that it--
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming
manner;
(3) provides inspectors and related personnel with
adequate real-time information;
(4) ensures flexibility of training and security
protocols to most effectively comply with security
mandates;
(5) integrates relevant databases and plans for
database modifications to address volume increase and
database usage; and
(6) improves database search capacities by utilizing
language algorithms to detect alternate names.
(i) Dedicated Specialists and Front Line Personnel
Training.--In implementing the provisions of subsections (g)
and (h), the Department of Homeland Security and the Department
of State shall--
(1) develop cross-training programs that focus on the
scope and procedures of the entry and exit data system;
(2) provide extensive community outreach and
education on the entry and exit data system's
procedures;
(3) provide clear and consistent eligibility
guidelines for applicants in low-risk traveler
programs; and
(4) establish ongoing training modules on immigration
law to improve adjudications at our ports of entry,
consulates, and embassies.
(j) Compliance Status Reports.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, the Secretary of State, the Attorney General, and the
head of any other department or agency subject to the
requirements of this section, shall issue individual status
reports and a joint status report detailing the compliance of
the department or agency with each requirement under this
section.
(k) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
(A) Expediting the travel of previously
screened and known travelers across the borders
of the United States should be a high priority.
(B) The process of expediting known travelers
across the borders of the United States can
permit inspectors to better focus on
identifying terrorists attempting to enter the
United States.
(2) Definition.--In this subsection, the term
``registered traveler program'' means any program
designed to expedite the travel of previously screened
and known travelers across the borders of the United
States.
(3) Registered travel program.--
(A) In general.--As soon as is practicable,
the Secretary shall develop and implement a
registered traveler program to expedite the
processing of registered travelers who enter
and exit the United States.
(B) Participation.--The registered traveler
program shall include as many participants as
practicable by--
(i) minimizing the cost of
enrollment;
(ii) making program enrollment
convenient and easily accessible; and
(iii) providing applicants with clear
and consistent eligibility guidelines.
(C) Integration.--The registered traveler
program shall be integrated into the automated
biometric entry and exit data system described
in this section.
(D) Review and evaluation.--In developing the
registered traveler program, the Secretary
shall--
(i) review existing programs or pilot
projects designed to expedite the
travel of registered travelers across
the borders of the United States;
(ii) evaluate the effectiveness of
the programs described in clause (i),
the costs associated with such
programs, and the costs to travelers to
join such programs;
(iii) increase research and
development efforts to accelerate the
development and implementation of a
single registered traveler program; and
(iv) review the feasibility of
allowing participants to enroll in the
registered traveler program at consular
offices.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to
Congress a report describing the Department's progress
on the development and implementation of the registered
traveler program.
(l) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of the fiscal
years 2005 through 2009, such sums as may be necessary to carry
out the provisions of this section.
SEC. 7209.\31\ TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
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\31\ 8 U.S.C. 1185 note.
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(1) Existing procedures allow many individuals to
enter the United States by showing minimal
identification or without showing any identification.
(2) The planning for the terrorist attacks of
September 11, 2001, demonstrates that terrorists study
and exploit United States vulnerabilities.
(3) Additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
shall develop and implement a plan as expeditiously as
possible to require a passport or other document, or
combination of documents, deemed by the Secretary of
Homeland Security to be sufficient to denote identity
and citizenship, for all travel into the United States
by United States citizens and by categories of
individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of
the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)). This plan shall be implemented not
later than January 1, 2008, and shall seek to expedite
the travel of frequent travelers, including those who
reside in border communities, and in doing so, shall
make readily available a registered traveler program
(as described in section 7208(k)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United
States citizens, and categories of individuals for whom
documentation requirements have previously been waived
under section 212(d)(4)(B) of such Act, to carry and
produce the documentation described in paragraph (1)
when traveling from foreign countries into the United
States.
(c) Technical and Conforming Amendments.--After the
complete implementation of the plan described in subsection
(b)--
(1) neither the Secretary of State nor the Secretary
of Homeland Security may exercise discretion under
section 212(d)(4)(B) of such Act to waive documentary
requirements for travel into the United States; and
(2) the President may not exercise discretion under
section 215(b) of such Act (8 U.S.C. 1185(b)) to waive
documentary requirements for United States citizens
departing from or entering, or attempting to depart
from or enter, the United States except--
(A) where the Secretary of Homeland Security
determines that the alternative documentation
that is the basis for the waiver of the
documentary requirement is sufficient to denote
identity and citizenship;
(B) in the case of an unforeseen emergency in
individual cases; or
(C) in the case of humanitarian or national
interest reasons in individual cases.
(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely implements
a security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
(a) \32\ Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the United
States, Congress makes the following findings:
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\32\ 8 U.S.C. 1225a note.
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(1) The exchange of terrorist information with other
countries, consistent with privacy requirements, along
with listings of lost and stolen passports, will have
immediate security benefits.
(2) The further away from the borders of the United
States that screening occurs, the more security
benefits the United States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should exchange terrorist
information with trusted allies;
(2) the Federal Government should move toward real-
time verification of passports with issuing
authorities;
(3) where practicable, the Federal Government should
conduct screening before a passenger departs on a
flight destined for the United States;
(4) the Federal Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the Federal Government should work with other
countries to improve passport standards and provide
foreign assistance to countries that need help making
the transition to the global standard for
identification; and
(6) the Department of Homeland Security, in
coordination with the Department of State and other
Federal agencies, should implement the initiatives
called for in this subsection.
(c) Report Regarding the Exchange of Terrorist
Information.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State
and the Secretary of Homeland Security, working with
other Federal agencies, shall submit to the appropriate
committees of Congress a report on Federal efforts to
collaborate with allies of the United States in the
exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such
collaboration and cooperation;
(B) progress made in screening passengers
before their departure to the United States;
and
(C) efforts to work with other countries to
accomplish the goals described under this
section.
(d) Preinspection at Foreign Airports.--
(1) In general.--Section 235A(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1225a(a)(4))
is amended to read as follows:
``(4) Subject to paragraph (5), not later than
January 1, 2008, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall
establish preinspection stations in at least 25
additional foreign airports, which the Secretary of
Homeland Security, in consultation with the Secretary
of State, determines, based on the data compiled under
paragraph (3) and such other information as may be
available, would most effectively facilitate the travel
of admissible aliens and reduce the number of
inadmissible aliens, especially aliens who are
potential terrorists, who arrive from abroad by air at
points of entry within the United States. Such
preinspection stations shall be in addition to those
established before September 30, 1996, or pursuant to
paragraph (1).''.
(2) Report.--Not later than June 30, 2006, the
Secretary of Homeland Security and the Secretary of
State shall submit a report on the progress being made
in implementing the amendment made by paragraph (1)
to--
(A) the Committee on the Judiciary of the
Senate;
(B) the Committee on the Judiciary of the
House of Representatives;
(C) the Committee on Foreign Relations of the
Senate;
(D) the Committee on International Relations
of the House of Representatives;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(F) the Select Committee on Homeland Security
of the House of Representatives (or any
successor committee).
SEC. 7211.\33\ MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) Definition.--In this section, the term ``birth
certificate'' means a certificate of birth--
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\33\ 5 U.S.C. 301 note.
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(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the
United States at birth; and
(B) whose birth is registered in the United
States; and
(2) that--
(A) is issued by a Federal, State, or local
government agency or authorized custodian of
record and produced from birth records
maintained by such agency or custodian of
record; or
(B) is an authenticated copy, issued by a
Federal, State, or local government agency or
authorized custodian of record, of an original
certificate of birth issued by such agency or
custodian of record.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--Beginning 2 years after the
promulgation of minimum standards under paragraph (3),
no Federal agency may accept a birth certificate for
any official purpose unless the certificate conforms to
such standards.
(2) State certification.--
(A) In general.--Each State shall certify to
the Secretary of Health and Human Services that
the State is in compliance with the
requirements of this section.
(B) Frequency.--Certifications under
subparagraph (A) shall be made at such
intervals and in such a manner as the Secretary
of Health and Human Services, with the
concurrence of the Secretary of Homeland
Security and the Commissioner of Social
Security, may prescribe by regulation.
(C) Compliance.--Each State shall ensure that
units of local government and other authorized
custodians of records in the State comply with
this section.
(D) Audits.--The Secretary of Health and
Human Services may conduct periodic audits of
each State's compliance with the requirements
of this section.
(3) Minimum standards.--Not later than 1 year after
the date of enactment of this Act, the Secretary of
Health and Human Services shall by regulation establish
minimum standards for birth certificates for use by
Federal agencies for official purposes that--
(A) at a minimum, shall require certification
of the birth certificate by the State or local
government custodian of record that issued the
certificate, and shall require the use of
safety paper or an alternative, equally secure
medium, the seal of the issuing custodian of
record, and other features designed to prevent
tampering, counterfeiting, or otherwise
duplicating the birth certificate for
fraudulent purposes;
(B) shall establish requirements for proof
and verification of identity as a condition of
issuance of a birth certificate, with
additional security measures for the issuance
of a birth certificate for a person who is not
the applicant;
(C) shall establish standards for the
processing of birth certificate applications to
prevent fraud;
(D) may not require a single design to which
birth certificates issued by all States must
conform; and
(E) shall accommodate the differences between
the States in the manner and form in which
birth records are stored and birth certificates
are produced from such records.
(4) Consultation with government agencies.--In
promulgating the standards required under paragraph
(3), the Secretary of Health and Human Services shall
consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
(5) Extension of effective date.--The Secretary of
Health and Human Services may extend the date specified
under paragraph (1) for up to 2 years for birth
certificates issued by a State if the Secretary
determines that the State made reasonable efforts to
comply with the date under paragraph (1) but was unable
to do so.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--
(A) In general.--Beginning on the date a
final regulation is promulgated under
subsection (b)(3), the Secretary of Health and
Human Services shall award grants to States to
assist them in conforming to the minimum
standards for birth certificates set forth in
the regulation.
(B) Allocation of grants.--The Secretary
shall award grants to States under this
paragraph based on the proportion that the
estimated average annual number of birth
certificates issued by a State applying for a
grant bears to the estimated average annual
number of birth certificates issued by all
States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not
less than 0.5 percent of the grant funds made
available under this paragraph.
(2) Assistance in matching birth and death records.--
(A) In general.--The Secretary of Health and
Human Services, in coordination with the
Commissioner of Social Security and other
appropriate Federal agencies, shall award
grants to States, under criteria established by
the Secretary, to assist States in--
(i) computerizing their birth and
death records;
(ii) developing the capability to
match birth and death records within
each State and among the States; and
(iii) noting the fact of death on the
birth certificates of deceased persons.
(B) Allocation of grants.--The Secretary
shall award grants to qualifying States under
this paragraph based on the proportion that the
estimated annual average number of birth and
death records created by a State applying for a
grant bears to the estimated annual average
number of birth and death records originated by
all States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not
less than 0.5 percent of the grant funds made
available under this paragraph.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry
out this section.
(e) Technical and Conforming Amendment.--Section 656 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (5 U.S.C. 301 note) is repealed.
SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS. * * *
SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS. * * *
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT
NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE
REGISTRATIONS. * * *
SEC. 7215.\34\ TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with
the Director of the National Counterterrorism Center, and
consistent with the strategy developed under section 7201,
shall establish a program to oversee the implementation of the
Department's responsibilities with respect to terrorist travel,
including the analysis, coordination, and dissemination of
terrorist travel intelligence and operational information--
---------------------------------------------------------------------------
\34\ 6 U.S.C. 123.
---------------------------------------------------------------------------
(1) among appropriate subdivisions of the Department
of Homeland Security, including--
(A) the Bureau of Customs and Border
Protection;
(B) United States Immigration and Customs
Enforcement;
(C) United States Citizenship and Immigration
Services;
(D) the Transportation Security
Administration; and
(E) any other subdivision, as determined by
the Secretary; and
(2) between the Department of Homeland Security and
other appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY. * * *
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) In General.--Not later than May 31, 2005, the Secretary
of State, in consultation with the Secretary of Homeland
Security, shall submit a report, containing the results of a
study on the subjects described in subsection (b), to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on International Relations of the
House of Representatives;
(5) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(6) the Select Committee on Homeland Security of the
House of Representatives (or any successor committee).
(b) Contents.--The study referred to in subsection (a)
shall examine the feasibility, cost, potential benefits, and
relative importance to the objectives of tracking suspected
terrorists' travel, and apprehending suspected terrorists, of
establishing a system, in coordination with other countries,
through which border and visa issuance officials have access in
real-time to information on newly issued passports to persons
whose previous passports were allegedly lost or stolen.
(c) Incentives.--The study described in subsection (b)
shall make recommendations on incentives that might be offered
to encourage foreign nations to participate in the initiatives
described in subsection (b).
SEC. 7218.\35\ ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN
THE DEPARTMENT OF STATE.
(a) Establishment.--There is established, within the Bureau
of Diplomatic Security of the Department of State, the Visa and
Passport Security Program (in this section referred to as the
``Program'').
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\35\ 22 U.S.C. 4807.
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(b) Preparation of Strategic Plan.--
(1) In general.--The Assistant Secretary for
Diplomatic Security, in coordination with the
appropriate officials of the Bureau of Consular
Affairs, the coordinator for counterterrorism, the
National Counterterrorism Center, and the Department of
Homeland Security, and consistent with the strategy
mandated by section 7201, shall ensure the preparation
of a strategic plan to target and disrupt individuals
and organizations, within the United States and in
foreign countries, that are involved in the fraudulent
production, distribution, use, or other similar
activity--
(A) of a United States visa or United States
passport;
(B) of documents intended to help
fraudulently procure a United States visa or
United States passport, or other documents
intended to gain unlawful entry into the United
States; or
(C) of passports and visas issued by foreign
countries intended to gain unlawful entry into
the United States.
(2) Emphasis.--The strategic plan shall--
(A) focus particular emphasis on individuals
and organizations that may have links to
domestic terrorist organizations or foreign
terrorist organizations (as such term is
defined in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189));
(B) require the development of a strategic
training course under the Antiterrorism
Assistance Training (ATA) program of the
Department of State (or any successor or
related program) under chapter 8 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa et seq.) (or other relevant provisions
of law) to train participants in the
identification of fraudulent documents and the
forensic detection of such documents which may
be used to obtain unlawful entry into the
United States; and
(C) determine the benefits and costs of
providing technical assistance to foreign
governments to ensure the security of
passports, visas, and related documents and to
investigate, arrest, and prosecute individuals
who facilitate travel by the creation of false
passports and visas, documents to obtain such
passports and visas, and other types of travel
documents.
(c) Program.--
(1) Individual in charge.--
(A) Designation.--The Assistant Secretary for
Diplomatic Security shall designate an
individual to be in charge of the Program.
(B) Qualification.--The individual designated
under subparagraph (A) shall have expertise and
experience in the investigation and prosecution
of visa and passport fraud.
(2) Program components.--The Program shall include
the following:
(A) Analysis of methods.--Analyze, in
coordination with other appropriate government
agencies, methods used by terrorists to travel
internationally, particularly the use of false
or altered travel documents to illegally enter
foreign countries and the United States, and
consult with the Bureau of Consular Affairs and
the Secretary of Homeland Security on
recommended changes to the visa issuance
process that could combat such methods,
including the introduction of new technologies
into such process.
(B) Identification of individuals and
documents.--Identify, in cooperation with the
Human Trafficking and Smuggling Center,
individuals who facilitate travel by the
creation of false passports and visas,
documents used to obtain such passports and
visas, and other types of travel documents, and
ensure that the appropriate agency is notified
for further investigation and prosecution or,
in the case of such individuals abroad for
which no further investigation or prosecution
is initiated, ensure that all appropriate
information is shared with foreign governments
in order to facilitate investigation, arrest,
and prosecution of such individuals.
(C) Identification of foreign countries
needing assistance.--Identify foreign countries
that need technical assistance, such as law
reform, administrative reform, prosecutorial
training, or assistance to police and other
investigative services, to ensure passport,
visa, and related document security and to
investigate, arrest, and prosecute individuals
who facilitate travel by the creation of false
passports and visas, documents used to obtain
such passports and visas, and other types of
travel documents.
(D) Inspection of applications.--Randomly
inspect visa and passport applications for
accuracy, efficiency, and fraud, especially at
high terrorist threat posts, in order to
prevent a recurrence of the issuance of visas
to those who submit incomplete, fraudulent, or
otherwise irregular or incomplete applications.
(d) Report.--Not later than 90 days after the date on which
the strategy required under section 7201 is submitted to
Congress, the Assistant Secretary for Diplomatic Security shall
submit to Congress a report containing--
(1) a description of the strategic plan prepared
under subsection (b); and
(2) an evaluation of the feasibility of establishing
civil service positions in field offices of the Bureau
of Diplomatic Security to investigate visa and passport
fraud, including an evaluation of whether to allow
diplomatic security agents to convert to civil service
officers to fill such positions.
SEC. 7219.\36\ EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this
subtitle shall take effect on the date of enactment of this
Act.
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\36\ 8 U.S.C. 1202 note.
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SEC. 7220. IDENTIFICATION STANDARDS.* * *
Subtitle C--National Preparedness
* * * * * * *
Subtitle D--Homeland Security
* * * * * * *
Subtitle E--Public Safety Spectrum
* * * * * * *
Subtitle F--Presidential Transition
* * * * * * *
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
SEC. 7701.\37\ IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO
FIGHT TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
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\37\ 31 U.S.C. 5311 note.
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(1) The global war on terrorism and cutting off
terrorist financing is a policy priority for the United
States and its partners, working bilaterally and
multilaterally through the United Nations, the United
Nations Security Council and its committees, such as
the 1267 and 1373 Committees, the Financial Action Task
Force (FATF), and various international financial
institutions, including the International Monetary Fund
(IMF), the International Bank for Reconstruction and
Development (IBRD), and the regional multilateral
development banks, and other multilateral fora.
(2) The international financial community has become
engaged in the global fight against terrorist
financing. The Financial Action Task Force has focused
on the new threat posed by terrorist financing to the
international financial system, resulting in the
establishment of the FATF's Eight Special
Recommendations on Terrorist Financing as the
international standard on combating terrorist
financing. The Group of Seven and the Group of Twenty
Finance Ministers are developing action plans to curb
the financing of terror. In addition, other economic
and regional fora, such as the Asia-Pacific Economic
Cooperation (APEC) Forum, and the Western Hemisphere
Financial Ministers, have been used to marshal
political will and actions in support of combating the
financing of terrorism (CFT) standards.
(3) FATF's Forty Recommendations on Money Laundering
and the Eight Special Recommendations on Terrorist
Financing are the recognized global standards for
fighting money laundering and terrorist financing. The
FATF has engaged in an assessment process for
jurisdictions based on their compliance with these
standards.
(4) In March 2004, the IMF and IBRD Boards agreed to
make permanent a pilot program of collaboration with
the FATF to assess global compliance with the FATF
Forty Recommendations on Money Laundering and the Eight
Special Recommendations on Terrorist Financing. As a
result, anti-money laundering (AML) and combating the
financing of terrorism (CFT) assessments are now a
regular part of their Financial Sector Assessment
Program (FSAP) and Offshore Financial Center
assessments, which provide for a comprehensive analysis
of the strength of a jurisdiction's financial system.
These reviews assess potential systemic
vulnerabilities, consider sectoral development needs
and priorities, and review the state of implementation
of and compliance with key financial codes and
regulatory standards, among them the AML and CFT
standards.
(5) To date, 70 FSAPs have been conducted, with over
24 of those incorporating AML and CFT assessments. The
international financial institutions (IFIs), the FATF,
and the FATF-style regional bodies together are
expected to assess AML and CFT regimes in up to 40
countries or jurisdictions per year. This will help
countries and jurisdictions identify deficiencies in
their AML and CFT regimes and help focus technical
assistance efforts.
(6) Technical assistance programs from the United
States and other nations, coordinated with the
Department of State and other departments and agencies,
are playing an important role in helping countries and
jurisdictions address shortcomings in their AML and CFT
regimes and bringing their regimes into conformity with
international standards. Training is coordinated within
the United States Government, which leverages
multilateral organizations and bodies and international
financial institutions to internationalize the
conveyance of technical assistance.
(7) In fulfilling its duties in advancing
incorporation of AML and CFT standards into the IFIs as
part of the IFIs' work on protecting the integrity of
the international monetary system, the Department of
the Treasury, under the guidance of the Secretary of
the Treasury, has effectively brought together all of
the key United States Government agencies. In
particular, United States Government agencies continue
to work together to foster broad support for this
important undertaking in various multilateral fora, and
United States Government agencies recognize the need
for close coordination and communication within our own
Government.
(b) Sense of Congress Regarding Success in Multilateral
Organizations.--It is the sense of Congress that the Secretary
of the Treasury should continue to promote the dissemination of
international AML and CFT standards, and to press for full
implementation of the FATF 40 + 8 Recommendations by all
countries in order to curb financial risks and hinder terrorist
financing around the globe. The efforts of the Secretary in
this regard should include, where necessary or appropriate,
multilateral action against countries whose counter-money
laundering regimes and efforts against the financing of
terrorism fall below recognized international standards.
SEC. 7702.\37\ DEFINITIONS.
In this subtitle--
(1) the term ``international financial institutions''
has the same meaning as in section 1701(c)(2) of the
International Financial Institutions Act;
(2) the term ``Financial Action Task Force'' means
the international policy-making and standard-setting
body dedicated to combating money laundering and
terrorist financing that was created by the Group of
Seven in 1989; and
(3) the terms ``Interagency Paper on Sound Practices
to Strengthen the Resilience of the U.S. Financial
System'' and ``Interagency Paper'' mean the interagency
paper prepared by the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, and
the Securities and Exchange Commission that was
announced in the Federal Register on April 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE
SECRETARY OF THE TREASURY.
(a) Reporting Requirements.--Section 1503(a) of the
International Financial Institutions Act (22 U.S.C. 262o-2(a))
is amended by adding at the end the following: * * * \38\
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\38\ For amended text, see Legislation on Foreign Relations Through
2005, vol. III.
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(b) Testimony.--Section 1705(b) of the International
Financial Institutions Act (22 U.S.C. 262r-4(b)) is amended--*
* * \38\
SEC. 7704.\37\ COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the
Secretary, as the lead United States Government official to the
Financial Action Task Force (FATF), shall continue to convene
the interagency United States Government FATF working group.
This group, which includes representatives from all relevant
Federal agencies, shall meet at least once a year to advise the
Secretary on policies to be pursued by the United States
regarding the development of common international AML and CFT
standards, to assess the adequacy and implementation of such
standards, and to recommend to the Secretary improved or new
standards, as necessary.
Subtitle H--Emergency Financial Preparedness
* * * * * * *
d. Global Anti-Semitism Review Act of 2004
Public Law 108-332 [S. 2292], 118 Stat. 1282, approved October 16, 2004
AN ACT To require a report on acts of anti-Semitism around the world.
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 ``Global Anti-Semitism Review
Act of 2004''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
SEC. 2.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2731 note.
---------------------------------------------------------------------------
(1) Acts of anti-Semitism in countries throughout the
world, including some of the world's strongest
democracies, have increased significantly in frequency
and scope over the last several years.
(2) During the last 3 months of 2003 and the first 3
months of 2004, there were numerous instances of anti-
Semitic violence around the world, including the
following incidents:
(A) In Putrajaya, Malaysia, on October 16,
2003, former Prime Minister Mahatir Mohammad
told the 57 national leaders assembled for the
Organization of the Islamic Conference that
Jews ``rule the world by proxy'', and called
for a ``final victory'' by the world's 1.3
billion Muslims, who, he said, ``cannot be
defeated by a few million Jews.''.
(B) In Istanbul, Turkey, on November 15,
2003, simultaneous car bombs exploded outside
two synagogues filled with worshippers, killing
24 people and wounding more than 250 people.
(C) In Australia on January 5, 2004, poison
was used to ignite, and burn anti-Semitic
slogans into, the lawns of the Parliament House
in the state of Tasmania.
(D) In St. Petersburg, Russia, on February
15, 2004, vandals desecrated approximately 50
gravestones in a Jewish cemetery, painting the
stones with swastikas and anti-Semitic
graffiti.
(E) In Toronto, Canada, over the weekend of
March 19 through March 21, 2004, vandals
attacked a Jewish school, a Jewish cemetery,
and area synagogues, painting swastikas and
anti-Semitic slogans on the walls of a
synagogue and on residential property in a
nearby, predominantly Jewish, neighborhood.
(F) In Toulon, France, on March 23, 2004, a
Jewish synagogue and community center were set
on fire.
(3) Anti-Semitism in old and new forms is also
increasingly emanating from the Arab and Muslim world
on a sustained basis, including through books published
by government-owned publishing houses in Egypt and
other Arab countries.
(4) In November 2002, state-run television in Egypt
broadcast the anti-Semitic series entitled ``Horseman
Without a Horse'', which is based upon the fictitious
conspiracy theory known as the Protocols of the Elders
of Zion. The Protocols have been used throughout the
last century by despots such as Adolf Hitler to justify
violence against Jews.
(5) In November 2003, Arab television featured an
anti-Semitic series, entitled ``Ash-Shatat'' (or ``The
Diaspora''), which depicts Jewish people hatching a
plot for Jewish control of the world.
(6) The sharp rise in anti-Semitic violence has
caused international organizations such as the
Organization for Security and Cooperation in Europe
(OSCE) to elevate, and bring renewed focus to, the
issue, including the convening by the OSCE in June 2003
of a conference in Vienna dedicated solely to the issue
of anti-Semitism.
(7) The OSCE convened a conference again on April 28-
29, 2004, in Berlin, to address the problem of anti-
Semitism with the United States delegation led by
former Mayor of New York City, Ed Koch.
(8) The United States Government has strongly
supported efforts to address anti-Semitism through
bilateral relationships and interaction with
international organizations such as the OSCE, the
European Union, and the United Nations.
(9) Congress has consistently supported efforts to
address the rise in anti-Semitic violence. During the
107th Congress, both the Senate and the House of
Representatives passed resolutions expressing strong
concern with the sharp escalation of anti-Semitic
violence in Europe and calling on the Department of
State to thoroughly document the phenomenon.
(10) Anti-Semitism has at times taken the form of
vilification of Zionism, the Jewish national movement,
and incitement against Israel.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue to
strongly support efforts to combat anti-Semitism
worldwide through bilateral relationships and
interaction with international organizations such as
the OSCE, the European Union, and the United Nations;
and
(2) the Department of State should thoroughly
document acts of anti-Semitism that occur around the
world.
SEC. 4. REPORTS.
Not later than November 15, 2004, the Secretary of State
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives a one-time report on acts of anti-
Semitism around the world, including a description of--
(1) acts of physical violence against, or harassment
of, Jewish people, and acts of violence against, or
vandalism of, Jewish community institutions, such as
schools, synagogues, or cemeteries, that occurred in
each country;
(2) the responses of the governments of those
countries to such actions;
(3) the actions taken by such governments to enact
and enforce laws relating to the protection of the
right to religious freedom of Jewish people;
(4) the efforts by such governments to promote anti-
bias and tolerance education; and
(5) instances of propaganda in government and
nongovernment media that attempt to justify or promote
racial hatred or incite acts of violence against Jewish
people.
SEC. 5. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT
ANTI-SEMITISM.
The State Department Basic Authorities Act of 1956 is
amended by adding after section 58 (22 U.S.C. 2730) the
following new section: * * * \3\
---------------------------------------------------------------------------
\3\ Sec. 5 added a new sec. 59 to the State Department Basic
Authorities Act of 1956, relating to monitoring and combating anti-
semitism; for text see page 64.
---------------------------------------------------------------------------
SEC. 6. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION
CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN
COUNTRIES.
(a) Inclusion in Country Reports on Human Rights
Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--* * * \4\
---------------------------------------------------------------------------
\4\ Sec. 6(a) amended the Foreign Assistance Act of 1961 at sec.
116 and 502B, relating to annual human rights reports. For amended
text, see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
(b) Inclusion in Annual Report on International Religious
Freedom.--Section 102(b)(1)(A) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(A)) is amended--* * *
\5\
---------------------------------------------------------------------------
\5\ Sec. 6(a) amended the International Religious Freedom Act of
1998 at sec. 102. For amended text, see page 1269.
---------------------------------------------------------------------------
(c) \6\ Effective Date of Inclusions.--The amendments made
by subsections (a) and (b) shall apply beginning with the first
report under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and
section 102(b) of the International Religious Freedom Act of
1998 (22 U.S.C. 6312(b)) submitted more than 180 days after the
date of the enactment of this Act.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2151n note.
e. Northern Uganda Crisis Response Act
Public Law 108-283 [S. 2264], 118 Stat. 912, approved August 2, 2004
AN ACT To require a report on the conflict in Uganda, 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 ``Northern Uganda Crisis
Response Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the Republic of Uganda
enjoy a strong bilateral relationship and continue to
work closely together in fighting the human
immunodeficiency virus and acquired immune deficiency
syndrome (``HIV/AIDS'') pandemic and combating
international terrorism.
(2) For more than 17 years, the Government of Uganda
has been engaged in a conflict with the Lord's
Resistance Army that has inflicted hardship and
suffering on the people of northern and eastern Uganda.
(3) The members of the Lord's Resistance Army have
used brutal tactics during this conflict, including
abducting and forcing individuals into sexual
servitude, and forcing a large number of children,
estimated to be between 16,000 and 26,000 children, in
Uganda to serve in such Army's military forces.
(4) The Secretary of State has designated the Lord's
Resistance Army as a terrorist organization and placed
the Lord's Resistance Army on the Terrorist Exclusion
list pursuant to section 212(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)).
(5) According to Human Rights Watch, since the mid-
1990s the only known sponsor of the Lord's Resistance
Army has been the Government of Sudan, though such
Government denies providing assistance to the Lord's
Resistance Army.
(6) More than 1,000,000 people have been displaced
from their homes in Uganda as a result of the conflict.
(7) The conflict has resulted in a lack of security
for the people of Uganda, and as a result of such lack,
each night more than 18,000 children leave their homes
and flee to the relative safety of town centers,
creating a massive ``night commuter'' phenomenon that
leaves already vulnerable children subject to
exploitation and abuse.
(8) Individuals who have been displaced by the
conflict in Uganda often suffer from acute malnutrition
and the mortality rate for children in northern Uganda
who have been displaced is very high.
(9) In the latter part of 2003, humanitarian and
human rights organizations operating in northern Uganda
reported an increase in violence directed at their
efforts and at civilians, including a sharp increase in
child abductions.
(10) The Government of Uganda's military efforts to
resolve this conflict, including the arming and
training of local militia forces, have not ensured the
security of civilian populations in the region to date.
(11) The continued instability and lack of security
in Uganda has severely hindered the ability of any
organization or governmental entity to deliver regular
humanitarian assistance and services to individuals who
have been displaced or otherwise negatively affected by
the conflict.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Government of the
United States should--
(1) work vigorously to support ongoing efforts to
explore the prospects for a peaceful resolution of the
conflict in northern and eastern Uganda;
(2) work with the Government of Uganda and the
international community to make available sufficient
resources to meet the immediate relief and development
needs of the towns and cities in Uganda that are
supporting large numbers of people who have been
displaced by the conflict;
(3) urge the Government of Uganda and the
international community to assume greater
responsibility for the protection of civilians and
economic development in regions in Uganda affected by
the conflict, and to place a high priority on providing
security, economic development, and humanitarian
assistance to the people of Uganda;
(4) work with the international community, the
Government of Uganda, and civil society in northern and
eastern Uganda to develop a plan whereby those now
displaced may return to their homes or to other
locations where they may become economically
productive;
(5) urge the leaders and members of the Lord's
Resistance Army to stop the abduction of children, and
urge all armed forces in Uganda to stop the use of
child soldiers, and seek the release of all individuals
who have been abducted;
(6) make available increased resources for assistance
to individuals who were abducted during the conflict,
child soldiers, and other children affected by the
conflict;
(7) work with the Government of Uganda, other
countries, and international organizations to ensure
that sufficient resources and technical support are
devoted to the demobilization and reintegration of
rebel combatants and abductees forced by their captors
to serve in non-combatant support roles;
(8) cooperate with the international community to
support civil society organizations and leaders in
Uganda, including Acholi religious leaders, who are
working toward a just and lasting resolution to the
conflict;
(9) urge the Government of Uganda to improve the
professionalism of Ugandan military personnel currently
stationed in northern and eastern Uganda, with an
emphasis on respect for human rights, accountability
for abuses, and effective civilian protection;
(10) work with the international community to assist
institutions of civil society in Uganda to increase the
capacity of such institutions to monitor the human
rights situation in northern Uganda and to raise
awareness of abuses of human rights that occur in that
area;
(11) urge the Government of Uganda to permit
international human rights monitors to establish a
presence in northern and eastern Uganda;
(12) monitor the creation of civilian militia forces
in northern and eastern Uganda and publicize any
concerns regarding the recruitment of children into
such forces or the potential that the establishment of
such forces will invite increased targeting of
civilians in the conflict or exacerbate ethnic tension
and violence; and
(13) make clear that the relationship between the
Government of Sudan and the Government of the United
States cannot improve unless no credible evidence
indicates that authorities of the Government of Sudan
are complicit in efforts to provide weapons or other
support to the Lord's Resistance Army.
SEC. 4. REPORT.
(a) Requirements.--Not later than 6 months after the date
of enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on the
conflict in Uganda.
(b) Content.--The report required by subsection (a) shall
include a description of the following:
(1) The individuals or entities that are providing
financial and material support for the Lord's
Resistance Army, including a description of any such
support provided by the Government of Sudan or by
senior officials of such Government.
(2) The activities of the Lord's Resistance Army that
create obstacles that prohibit the provision of
humanitarian assistance or the protection of the
civilian population in Uganda.
(3) The practices employed by the Ugandan People's
Defense Forces in northern and eastern Uganda to ensure
that children and civilians are protected, that
civilian complaints are addressed, and that any member
of the armed forces that abuses a civilian is held
accountable for such abuse.
(4) The actions carried out by the Government of the
United States, the Government of Uganda, or the
international community to protect civilians,
especially women and children, who have been displaced
by the conflict in Uganda, including women and children
that leave their homes and flee to cities and towns at
night in search of security from sexual exploitation
and gender-based violence.
(c) Form of Report.--The report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
f. Foreign Relations Authorization Act, Fiscal Year 2003
Partial text of Public Law 107-228 [H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
AN ACT To authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--This Act amends several State Department and
foreign relations-related laws that appear elsewhere in
this volume. See the Act to Establish a Commission on
Security and Cooperation in Europe, beginning at page
1755; Asia Foundation Act, page 1422; Foreign Affairs
Reform and Restructuring Act of 1998, page 873; Foreign
Service Act of 1980, page 706; Human Rights, Refugee,
and Other Foreign Relations Provisions Act of 1996,
page 1473; International Center Act, page 1314;
International Religious Freedom Act of 1998, page 1263;
Migration and Refugee Assistance Act of 1962, page
1333; Mutual Educational and Cultural Exchange Act of
1961, page 1557; Omnibus Diplomatic Security and
Antiterrorism Act of 1986, page 1101; State Department
Basic Authorities Act of 1956, page 7; Trafficking
Victims Protection Act of 2000 and Victims of
Trafficking and Violence Protection Act of 2000, volume
I-A; Vietnam Education Foundation Act of 2000, page
1595; and various Foreign Relations Authorizations
Acts, beginning at page 221.
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Year 2003''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division a.--Department of State Authorization
Act, Fiscal Year 2003.
(2) Division b.--Security Assistance Act of 2002.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title............................................... 148
Sec. 2. Organization of Act into divisions; table of contents..... 148
Sec. 3. Definitions............................................... 154
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
Sec. 101. Short title............................................. 155
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs....................... 155
Sec. 112. United States educational, cultural, and public
diplomacy programs............................................ 157
Sec. 113. Contributions to international organizations............ 160
Sec. 114. International Commissions............................... 161
Sec. 115. Migration and refugee assistance........................ 162
Sec. 116. Grants to The Asia Foundation [amends other legislation]
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations........................ 163
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Emergency evacuation services [amends other legislation]
Sec. 202. Special agent authorities............................... 164
Sec. 203. International Litigation Fund [amends other legislation]
Sec. 204. State Department records of overseas deaths of United
States citizens from nonnatural causes [amends other
legislation]
Sec. 205. Foreign Relations Historical Series [amends other
legislation]
Sec. 206. Expansion of eligibility for award of certain
construction contracts [amends other legislation]
Sec. 207. International Chancery Center [amends other legislation]
Sec. 208. Travel to Great Lakes fisheries meetings................ 165
Sec. 209. Correction of Fishermen's Protective Act of 1967 [amends
other legislation]
Sec. 210. Use of funds received by the International Boundary and
Water Commission.............................................. 166
Sec. 211. Fee collections relating to intercountry adoptions and
affidavits of support [amends other legislation]
Sec. 212. Annual reports on compliance with The Hague Convention
on the Civil Aspects of International Child Abduction [amends
other legislation]
Sec. 213. Repeal of provision regarding housing for Foreign
Agricultural Attaches......................................... 166
Sec. 214. United States policy with respect to Jerusalem as the
capital of Israel............................................. 166
Sec. 215. Report concerning efforts to promote Israel's diplomatic
relations with other countries................................ 167
Sec. 216. Continuation of reporting requirements [amends other
legislation]
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Fulbright-Hays Act authorities [amends other
legislation]
Sec. 222. Extension of requirement for scholarships for Tibetans
and Burmese [amends other legislation]
Sec. 223. Plan for achievement of public diplomacy objectives..... 168
Sec. 224. Advisory Committee on Cultural Diplomacy................ 168
Sec. 225. Allocation of funds for ``American Corners'' in the
Russian Federation............................................ 169
Sec. 226. Report relating to Commission on Security and
Cooperation in Europe [amends other legislation]
Sec. 227. Amendments to the Vietnam Education Foundation Act of
2000 [amends other legislation]
Sec. 228. Ethical issues in international health research......... 170
Sec. 229. Conforming amendments [amends other legislation]
Subtitle C--Consular Authorities
Sec. 231. Report on visa issuance to inadmissible aliens [amends
other legislation]
Sec. 232. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation............................................... 171
Sec. 233. Processing of visa applications......................... 171
Sec. 234. Machine readable visas [amends other legislation]
Subtitle D--Migration and Refugees
Sec. 241. Prohibition on funding the involuntary return of
refugees [amends other legislation]
Sec. 242. United States membership in the International
Organization for Migration [amends other legislation]
Sec. 243. Report on overseas refugee processing................... 172
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Sec. 301. Comprehensive workforce plan............................ 173
Sec. 302. ``Rightsizing'' overseas posts.......................... 174
Sec. 303. Qualifications of certain officers of the Department of
State [amends other legislation]
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service [amends other
legislation]
Sec. 312. Presidential rank awards [amends other legislation]
Sec. 313. Foreign Service National Savings Fund [amends other
legislation]
Sec. 314. Clarification of separation for cause [amends other
legislation]
Sec. 315. Dependents on family visitation travel.................. 175
Sec. 316. Health education and disease prevention programs [amends
other legislation]
Sec. 317. Correction of time limitation for grievance filing
[amends other legislation]
Sec. 318. Training authorities [amends other legislation]
Sec. 319. Unaccompanied air baggage............................... 175
Sec. 320. Emergency medical advance payments...................... 176
Sec. 321. Retirement credit for certain Government service
performed abroad.............................................. 176
Sec. 322. Computation of Foreign Service retirement annuities as
if Washington, D.C., locality-based comparability payments
were made to overseas-stationed Foreign Service members....... 179
Sec. 323. Plan for improving recruitment of veterans into the
Foreign Service............................................... 180
Sec. 324. Report concerning minority employment................... 180
Sec. 325. Use of funds authorized for minority recruitment........ 181
Sec. 326. Assignments and details of personnel to the American
Institute in Taiwan [amends other legislation]
Sec. 327. Annual reports on foreign language competence [amends
other legislation]
Sec. 328. Travel of children of members of the Foreign Service
assigned abroad [amends other legislation]
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of third installment of arrearages.............. 182
Sec. 402. Limitation on the United States share of assessments for
United Nations peacekeeping operations in calendar years 2001
through 2004.................................................. 182
Sec. 403. Limitation on the United States share of assessments for
United Nations regular budget [amends other legislation]
Sec. 404. Promotion of sound financial practices by the United
Nations....................................................... 183
Sec. 405. Reports to Congress on United Nations activities........ 184
Sec. 406. Use of secret ballots within the United Nations......... 184
Sec. 407. Sense of Congress relating to membership of the United
States in UNESCO.............................................. 184
Sec. 408. United States membership on the United Nations
Commission on Human Rights and International Narcotics Control
Board......................................................... 184
Sec. 409. Plan for enhanced Department of State efforts to place
United States citizens in positions of employment in the
United Nations and its specialized agencies................... 185
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES [see page
1701]
Sec. 501. Modification of limitation on grant amounts to RFE/RL,
Incorporated
Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated
Sec. 503. Authority to contract for local broadcasting services
outside the United States
Sec. 504. Personal services contracting pilot program
Sec. 505. Travel by Voice of America correspondents
Sec. 506. Report on broadcasting personnel
Sec. 507. Conforming amendments
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002 [see vol. I-B]
Sec. 601. Short title
Sec. 602. Findings
Sec. 603. Reports
Sec. 604. Imposition of sanctions
Subtitle B--Tibet Policy
Sec. 611. Short title............................................. 185
Sec. 612. Statement of purpose.................................... 185
Sec. 613. Tibet negotiations...................................... 185
Sec. 614. Reporting on Tibet...................................... 186
Sec. 615. Congressional-Executive Commission on the People's
Republic of China............................................. 186
Sec. 616. Economic development in Tibet........................... 186
Sec. 617. Release of prisoners and access to prisons.............. 187
Sec. 618. Establishment of a United States branch office in Lhasa,
Tibet......................................................... 187
Sec. 619. Requirement for Tibetan language training............... 187
Sec. 620. Religious persecution in Tibet.......................... 187
Sec. 621. United States Special Coordinator for Tibetan Issues.... 188
Subtitle C--East Timor Transition to Independence Act of 2002
Sec. 631. Short title............................................. 188
Sec. 632. Bilateral assistance.................................... 189
Sec. 633. Multilateral assistance................................. 189
Sec. 634. Trade and investment assistance......................... 189
Sec. 635. Generalized System of Preferences....................... 190
Sec. 636. Authority for radio broadcasting........................ 190
Sec. 637. Security assistance for East Timor...................... 190
Sec. 638. Reporting requirement................................... 191
Subtitle D--Clean Water for the Americas Partnership
Sec. 641. Short title............................................. 191
Sec. 642. Definitions............................................. 191
Sec. 643. Establishment of program................................ 192
Sec. 644. Environmental assessment................................ 192
Sec. 645. Establishment of Technology America Centers............. 192
Sec. 646. Promotion of water quality, water treatment systems, and
energy efficiency............................................. 193
Sec. 647. Grants for prefeasibility studies within a designated
subregion..................................................... 193
Sec. 648. Clean Water Technical Support Committee................. 193
Sec. 649. Authorization of appropriations......................... 194
Sec. 650. Report.................................................. 194
Sec. 651. Termination date........................................ 194
Sec. 652. Effective date.......................................... 194
Subtitle E--Freedom Investment Act of 2002
Sec. 661. Short title............................................. 194
Sec. 662. Purposes................................................ 194
Sec. 663. Human rights activities at the Department of State...... 195
Sec. 664. Human Rights and Democracy Fund......................... 195
Sec. 665. Reports on actions taken by the United States to
encourage respect for human rights............................ 196
Subtitle F--Elimination and Streamlining of Reporting Requirements
Sec. 671. Elimination of certain reporting requirements........... 196
Sec. 672. Biennial reports on programs to encourage good
governance.................................................... 197
Subtitle G--Other Matters
Sec. 681. Amendments to the International Religious Freedom Act of
1998 [amends other legislation]
Sec. 682. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000 [amends other legislation]
Sec. 683. Annual human rights country reports on child soldiers
[amends other legislation]
Sec. 684. Extension of authority for Caucus on International
Narcotics Control [amends other legislation]
Sec. 685. Participation of South Asian countries in international
law enforcement............................................... 198
Sec. 686. Payment of anti-terrorism judgments [amends other
legislation]
Sec. 687. Reports on participation by small businesses in
procurement contracts of USAID................................ 198
Sec. 688. Program to improve building construction and practices
in Latin American countries................................... 201
Sec. 689. Sense of Congress relating to HIV/AIDS and United
Nations peacekeeping operations............................... 201
Sec. 690. Sense of Congress relating to Magen David Adom Society.. 202
Sec. 691. Sense of Congress regarding the location of Peace Corps
offices abroad................................................ 202
Sec. 692. Sense of Congress relating to resolution of the Taiwan
Strait issue.................................................. 202
Sec. 693. Sense of Congress relating to display of the American
flag at the American Institute in Taiwan...................... 203
Sec. 694. Reports on activities in Colombia....................... 203
Sec. 695. Report on United States-sponsored activities in Colombia 204
Sec. 696. Report on extradition policy and practice............... 204
Sec. 697. Special Court for Sierra Leone.......................... 205
Sec. 698. United States Envoy for Peace in Sudan.................. 205
Sec. 699. Transfer of proscribed weapons to persons or entities in
the West Bank and Gaza........................................ 205
Sec. 700. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.................................. 206
Sec. 701. Policing reform and human rights in Northern Ireland.... 206
Sec. 702. Annual reports on United States-Vietnam human rights
dialogue meetings............................................. 208
Sec. 703. Sense of Congress regarding human rights violations in
Indonesia..................................................... 209
Sec. 704. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.............................. 209
Sec. 705. Sense of Congress on return of portraits of holocaust
victims to the artist Dina Babbitt............................ 210
Sec. 706. International drug control certification procedures..... 211
DIVISION B--SECURITY ASSISTANCE ACT OF 2002 [see vol. I-B]
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title
Sec. 1002. Definitions
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
Sec. 1101. Verification and Compliance Bureau personnel
Sec. 1102. Key Verification Assets Fund
Sec. 1103. Revised verification and compliance reporting
requirements
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1201. Authorization of appropriations
Sec. 1202. Relationship of Foreign Military Sales to United States
nonproliferation interests
Sec. 1203. Official reception and representation expenses
Sec. 1204. Arms Export Control Act prohibition on transactions
with countries that have repeatedly provided support for acts
of international terrorism
Sec. 1205. Congressional notification of small arms and light
weapons license approvals; reports
Sec. 1206. Treatment of Taiwan relating to transfers of defense
articles and defense services
Subtitle B--International Military Education and Training
Sec. 1211. Authorization of appropriations
Sec. 1212. Human rights violations
Sec. 1213. Participation in post-undergraduate flying training and
tactical leadership programs
Subtitle C--Assistance for Select Countries
Sec. 1221. Assistance for Israel and Egypt
Sec. 1222. Security assistance for Greece and Turkey
Sec. 1223. Security assistance for certain other countries
Sec. 1224. Assistance for Lebanon
Subtitle D--Excess Defense Article and Drawdown Authorities
Sec. 1231. Excess defense articles for certain countries
Sec. 1232. Annual listing of possible excess defense articles
Sec. 1233. Leases of defense articles for foreign countries and
international organizations
Sec. 1234. Priority with respect to transfer of excess defense
articles
Subtitle E--Other Political-Military Assistance
Sec. 1241. Destruction of surplus weapons stockpiles
Subtitle F--Antiterrorism Assistance
Sec. 1251. Authorization of appropriations
Subtitle G--Other Matters
Sec. 1261. Additions to United States War Reserve Stockpiles for
Allies
Sec. 1262. Revised military assistance reporting requirements
Sec. 1263. Consultation with Congress with regard to Taiwan
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
Sec. 1301. Authorization of appropriations
Sec. 1302. Nonproliferation technology acquisition programs for
friendly foreign countries
Sec. 1303. International nonproliferation and export control
training
Sec. 1304. Relocation of scientists
Sec. 1305. International Atomic Energy Agency regular budget
assessments and voluntary contributions
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000
Sec. 1307. Amendments to the North Korea Threat Reduction Act of
1999
Sec. 1308. Annual reports on the proliferation of missiles and
essential components of nuclear, biological, chemical, and
radiological weapons
Sec. 1309. Three-year international arms control and
nonproliferation strategy
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
Sec. 1311. Short title
Sec. 1312. Findings and purposes
Sec. 1313. Definitions
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era
debt obligations to the United States
Sec. 1315. Russian Federation Nonproliferation Investment
Agreement
Sec. 1316. Independent media and the rule of law
Sec. 1317. Restriction on debt reduction authority
Sec. 1318. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor states
Sec. 1319. Implementation of United States policy
Sec. 1320. Consultations with Congress
Sec. 1321. Annual reports to Congress
Subtitle C--Nonproliferation Assistance Coordination
Sec. 1331. Short title
Sec. 1332. Findings
Sec. 1333. Definitions
Sec. 1334. Establishment of Committee on Nonproliferation
Assistance
Sec. 1335. Purposes and authority
Sec. 1336. Administrative support
Sec. 1337. Confidentiality of information
Sec. 1338. Statutory construction
Sec. 1339. Reporting and consultation
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
Sec. 1341. Short title
Sec. 1342. Withholding of voluntary contributions to the
International Atomic Energy Agency for programs and projects
in Iran
Sec. 1343. Annual review by Secretary of State of programs and
projects of the International Atomic Energy Agency; United
States opposition to certain programs and projects of the
Agency
Sec. 1344. Reporting requirements
Sec. 1345. Sense of Congress
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
Sec. 1401. License officer staffing
Sec. 1402. Funding for database automation
Sec. 1403. Information management priorities
Sec. 1404. Improvements to the Automated Export System
Sec. 1405. Adjustment of threshold amounts for congressional
review purposes
Sec. 1406. Congressional notification of removal of items from the
Munitions List
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
Sec. 1501. Briefing on the strategy
Sec. 1502. Security assistance surveys
TITLE XVI--MISCELLANEOUS PROVISIONS
Sec. 1601. Nuclear and missile nonproliferation in South Asia
Sec. 1602. Real-time public availability of raw seismological data
Sec. 1603. Detailing United States governmental personnel to
international arms control and nonproliferation organizations
Sec. 1604. Diplomatic presence overseas
Sec. 1605. Compliance with the Chemical Weapons Convention
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
Sec. 1701. Authority to transfer naval vessels to certain foreign
countries
SEC. 3.\2\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--Except as otherwise provided, the
term ``Secretary'' means the Secretary of State.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
SEC. 101.\2\ SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2003''.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department 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 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 86), 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 by section 801 of the United States Information and
Educational Exchange Act of 1948, 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
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,269,258,000: 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, $292,693,000 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 grants to the participating organizations in the War Against
Trafficking Alliance for activities and services related to
preparation, execution and follow-up for an international conference on
sex trafficking: Provided further, That the Secretary shall appoint an
advisory panel, reporting directly to the Secretary, to assess policy
goals and program priorities with regard to United States relations
with the countries of Sub-Saharan Africa and to advise the Secretary of
any related findings and recommendations: Provided further, That this
panel shall not be considered to be a Federal advisory committee for
purposes of the Federal Advisory Committee Act (5 U.S.C. App): Provided
further, That funds available under this heading may be available for a
United States Government interagency task force to examine, coordinate
and oversee United States participation in the United Nations
headquarters renovation project: 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.
``In addition, not to exceed $1,343,000 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,
$553,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'',
$4,030,023,000 for the fiscal year 2003.
(B) Worldwide security upgrades.--Of the
amount authorized to be appropriated by
subparagraph (A), $564,000,000 for the fiscal
year 2003 is authorized to be appropriated for
worldwide security upgrades.
(C) Bureau of democracy, human rights, and
labor.--Of the amount authorized to be
appropriated by subparagraph (A), $20,000,000
for the fiscal year 2003 is authorized to be
appropriated for salaries and expenses of the
Bureau of Democracy, Human Rights, and Labor.
(D) Recruitment of minority groups.--Of the
amount authorized to be appropriated by
subparagraph (A), $2,000,000 for the fiscal
year 2003 is authorized to be appropriated 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'', $200,000,000 for the fiscal year
2003.
---------------------------------------------------------------------------
\4\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 87), provided the following:
---------------------------------------------------------------------------
``capital investment fund
---------------------------------------------------------------------------
``For necessary expenses of the Capital Investment Fund,
$183,311,000, 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) \5\ Embassy security, construction and
maintenance.--
---------------------------------------------------------------------------
\5\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 87), provided the following:
---------------------------------------------------------------------------
``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 Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$508,500,000, 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, furnishings, or generators for other departments and
agencies.
``In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $755,000,000, to remain
available until expended.''.
---------------------------------------------------------------------------
(A) In general.--For ``Embassy Security,
Construction and Maintenance'', $555,000,000
for the fiscal year 2003, in addition to
amounts otherwise authorized to be appropriated
for such purpose by section 604 of the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained
in appendix G of that Act; 113 Stat. 1501A-
470).
(B) Amendment of the nance-donovan foreign
relations authorization Act.--Section 604(a)(4)
of that Act (113 Stat. 1501A-453) is amended by
striking ``$900,000,000'' and inserting
``$1,000,000,000''.
(4) \6\ Representation allowances.--For
``Representation Allowances'', $9,000,000 for the
fiscal year 2003.
---------------------------------------------------------------------------
\6\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 87), provided the following:
---------------------------------------------------------------------------
``representation allowances
---------------------------------------------------------------------------
``For representation allowances as authorized, $6,485,000.''.
---------------------------------------------------------------------------
(5) \7\ Protection of foreign missions and
officials.--For ``Protection of Foreign Missions and
Officials'', $11,000,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\7\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 87), 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,
$11,000,000, to remain available until September 30, 2004.''.
---------------------------------------------------------------------------
(6) \8\ Emergencies in the diplomatic and consular
service.--For ``Emergencies in the Diplomatic and
Consular Service'', $15,000,000 for the fiscal year
2003.
---------------------------------------------------------------------------
\8\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 88), 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,
$6,500,000, 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.''.
---------------------------------------------------------------------------
(7) \9\ Repatriation loans.--For ``Repatriation
Loans'', $1,250,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\9\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 88), provided the following:
---------------------------------------------------------------------------
``repatriation loans program account
---------------------------------------------------------------------------
``For the cost of direct loans, $612,000, 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, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of
Foreign Affairs.''.
---------------------------------------------------------------------------
(8) \10\ Payment to the american institute in
taiwan.--For ``Payment to the American Institute in
Taiwan'', $18,817,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\10\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 88), provided the following:
---------------------------------------------------------------------------
``payment to the american institute in taiwan
---------------------------------------------------------------------------
``For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8, $18,450,000.''.
---------------------------------------------------------------------------
(9) \11\ Office of the inspector general.--For
``Office of the Inspector General'', $30,800,000 for
the fiscal year 2003.
---------------------------------------------------------------------------
\11\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 86), provided the following:
---------------------------------------------------------------------------
``office of inspector general
---------------------------------------------------------------------------
``For necessary expenses of the Office of Inspector General,
$29,264,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.''.
---------------------------------------------------------------------------
(b) Availability of Funds for Protection of Foreign
Missions and Officials.--The amount appropriated pursuant to
subsection (a)(5) is authorized to remain available through
September 30, 2004.
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY
PROGRAMS.
The following amounts are authorized to be appropriated for
the Department to carry out public diplomacy programs of the
Department 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
Foreign Affairs Reform and Restructuring Act of 1998, the
Center for Cultural and Technical Interchange Between East and
West Act of 1960, the Dante B. Fascell 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) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--
(i) In general.--For the ``Fulbright
Academic Exchange Programs'' (other
than programs described in subparagraph
(B)), $135,000,000 for the fiscal year
2003.
(ii) Vietnam fulbright academic
exchange program.--Of the amount
authorized to be appropriated by clause
(i), $5,000,000 for the fiscal year
2003 is authorized to be available 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).
(iii) New century scholars
initiative--hiv/aids.--Of the amount
authorized to be appropriated under
clause (i), $1,000,000 for the fiscal
year 2003 is authorized to be available
for HIV/AIDS research and mitigation
strategies under the Health Issues in a
Border-Less World academic program of
the New Century Scholars Initiative.
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other
educational and cultural exchange
programs authorized by law,
$125,000,000 for the fiscal year 2003.
(ii) Tibetan exchanges.--Of the
amount authorized to be appropriated by
clause (i), $500,000 for the fiscal
year 2003 is authorized to be available
for ``Ngawang Choephel Exchange
Programs'' (formerly known as
``programs of educational and cultural
exchange between the United States and
the people of Tibet'') under section
103(a) of the Human Rights, Refugee,
and Other Foreign Relations Provisions
Act of 1996 (Public Law 104-319).
(iii) East timorese scholarships.--Of
the amount authorized to be
appropriated by clause (i), $500,000
for the fiscal year 2003 is authorized
to be available for ``East Timorese
Scholarships''.
(iv) Montenegro parliamentary
development.--Of the amount authorized
to be appropriated by clause (i),
$500,000 for the fiscal year 2003 is
authorized to be available for a
program of parliamentary development
and exchanges in Montenegro.
(v) South pacific exchanges.--Of the
amount authorized to be appropriated
under clause (i), $750,000 for the
fiscal year 2003 is authorized to be
available for ``South Pacific
Exchanges''.
(vi) \12\ Israel-arab peace partners
program.--Of the amount authorized to
be appropriated under clause (i),
$750,000 for the fiscal year 2003 is
authorized to be available 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''.
---------------------------------------------------------------------------
\12\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 90), 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, 2003, to remain available until expended.''.
---------------------------------------------------------------------------
(vii) Sudanese scholarships.--Of the
amount authorized to be appropriated
under clause (i), $500,000 for the
fiscal year 2003 is authorized to be
available for scholarships for students
from southern Sudan for secondary or
postsecondary education in the United
States, to be known as ``Sudanese
Scholarships''.
(2) \13\ National endowment for democracy.--
---------------------------------------------------------------------------
\13\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 91), provided the following:
---------------------------------------------------------------------------
``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, $42,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
(A) In general.--For the ``National Endowment
for Democracy'', $42,000,000 for the fiscal
year 2003.
(B) Reagan-fascell democracy fellows.--Of the
amount authorized to be appropriated under
subparagraph (A), $1,000,000 for the fiscal
year 2003 is authorized to be available for a
fellowship program 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) \14\ Center for cultural and technical
interchange between east and west.--For the ``Center
for Cultural and Technical Interchange between East and
West'', $15,000,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\14\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 90), 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,
$18,000,000, of which $2,500,000 shall remain available until expended:
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.''.
---------------------------------------------------------------------------
(4) Dante b. fascell north-south center.--For the
``Dante B. Fascell North-South Center'', $2,500,000 for
the fiscal year 2003.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) \15\ Assessed Contributions to International
Organizations.--
---------------------------------------------------------------------------
\15\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 88), 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,
$866,000,000: 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.''.
---------------------------------------------------------------------------
(1) Authorization of appropriations.--There is
authorized to be appropriated under the heading
``Contributions to International Organizations''
$891,378,000 for the fiscal year 2003 for the
Department 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.
(2) Availability of funds for civil budget of nato.--
Of the amount authorized to be appropriated under the
heading ``Contributions to International
Organizations'' for fiscal year 2003, and for each
fiscal year thereafter, such sums as may be necessary
are authorized for the United States assessment for the
civil budget of the North Atlantic Treaty Organization.
(b) \16\ Contributions for International Peacekeeping
Activities.--There is authorized to be appropriated under the
heading ``Contributions for International Peacekeeping
Activities'' $725,981,000 for the fiscal year 2003 for the
Department 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\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 88), 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, $673,710,000, of which
15 percent shall remain available until September 30, 2004: 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.''.
---------------------------------------------------------------------------
(c) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 2002-
2003 biennium budget under subsection (a) for United States
contributions to the regular budget of the United Nations may
be available for the United States proportionate share of any
framework treaty-based organization, including the Framework
Convention on Global Climate Change, the International Seabed
Authority, and the International Criminal Court.
(d) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to
the amount authorized to be appropriated by subsection
(a), there is authorized to be appropriated such sums
as may be necessary for the fiscal year 2003 to offset
adverse fluctuations in foreign currency exchange
rates.
(2) Availability of funds.--Amounts appropriated
under this subsection may be available for obligation
and expenditure only to the extent that the Director of
the Office of Management and Budget determines and
certifies to the appropriate congressional committees
that such amounts are necessary due to such
fluctuations.
(e) \17\ 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 organization or agency concerned its
proportionate share of the amount by which the total
contributions to the organization or agency exceed the
expenditures of the regular assessed budget of the organization
or agency.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
SEC. 114.\18\ INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department 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, and for other purposes
authorized by law:
---------------------------------------------------------------------------
\18\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 89), provided the following:
---------------------------------------------------------------------------
``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,
$25,482,000.
---------------------------------------------------------------------------
``construction
---------------------------------------------------------------------------
``For detailed plan preparation and construction of authorized
projects, $5,450,000, 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,
$9,472,000, 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, $17,100,000:
Provided, That the United States' share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.''.
---------------------------------------------------------------------------
(1) International boundary and water commission,
united states and mexico.--For ``International Boundary
and Water Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'',
$28,387,000 for the fiscal year 2003; and
(B) for ``Construction'', $9,517,000 for the
fiscal year 2003.
(2) International boundary commission, united states
and canada.--For ``International Boundary Commission,
United States and Canada'', $1,157,000 for the fiscal
year 2003.
(3) International joint commission.--For
``International Joint Commission'', $7,544,000 for the
fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000
for the fiscal year 2003.
SEC. 115.\19\ MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There is authorized to be appropriated for
the Department for ``Migration and Refugee Assistance'' for
authorized activities, $820,000,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\19\ 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 2003 appropriations levels and conditions were provided
in title II of division E of Public Law 108-7 (117 Stat. 159):
---------------------------------------------------------------------------
``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, $787,000,000, which shall remain available until expended:
Provided, That not more than $16,565,000 may be available for
administrative expenses: Provided further, That not less than
$60,000,000 of the funds made available under this heading may be made
available for a headquarters contribution to the International
Committee of the red Cross only if the Secretary of State determines
(and so reports to the appropriate committees of Congress) that the
Magen David Adom society of Israel is not being denied participation in
the activities of the International Red Cross and Red Crescent
Movement.
---------------------------------------------------------------------------
``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)), $26,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
(b) Refugees Resettling in Israel.--Of the amount
authorized to be appropriated by subsection (a), $60,000,000 is
authorized to be available for the fiscal year 2003 for the
resettlement of refugees in Israel.
(c) Tibetan Refugees in India and Nepal.--Of the amount
authorized to be appropriated by subsection (a), $2,000,000 for
the fiscal year 2003 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.
(d) Humanitarian Assistance for Displaced Burmese.--Of the
amount authorized to be appropriated by subsection (a),
$2,000,000 for the fiscal year 2003 is 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.
(e) Availability of Funds.--Funds appropriated pursuant to
this section are authorized to remain available until expended.
SEC. 116. 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: * *
*
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 United States Government broadcasting
activities under the United States Information and Educational
Exchange Act of 1948, the United States International
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act,
the Television Broadcasting to Cuba Act, and the Foreign
Affairs Reform and Restructuring Act of 1998, and to carry out
other authorities in law consistent with such purposes:
(1) \20\ International broadcasting operations.--
---------------------------------------------------------------------------
\20\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 91), 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, $468,898,000, 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.''.
---------------------------------------------------------------------------
(A) In general.--For ``International
Broadcasting Operations'', $485,823,000 for the
fiscal year 2003.
(B) Allocation of funds.--Of the amount
authorized to be appropriated by subparagraph
(A) for the fiscal year 2003, there is
authorized to be available for Radio Free Asia
$35,000,000 for the fiscal year 2003.
(2) \21\ Broadcasting capital improvements.--For
``Broadcasting Capital Improvements'', $13,740,000 for
the fiscal year 2003.
---------------------------------------------------------------------------
\21\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 91), 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, $12,740,000, to remain
available until expended, as authorized.''.
---------------------------------------------------------------------------
(3) \22\ Broadcasting to cuba.--For ``Broadcasting to
Cuba'', $25,923,000 for the fiscal year 2003.
---------------------------------------------------------------------------
\22\ For fiscal year 2003, the Department of State and Related
Agency Appropriations Act, 2003 (title IV of division B of Public Law
108-7; 117 Stat. 91), 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, $24,996,000, to remain available until expended.''.
---------------------------------------------------------------------------
(b) Continuation of Additional Authorization for
Broadcasting to the People's Republic of China and Neighboring
Countries.--Section 701 of Public Law 106-286 (22 U.S.C. 7001)
is amended--
(1) in subsection (a) by striking ``2001'' and
inserting ``2003''; and
(2) in subsection (b)(1), by striking ``2001 and
2002'' and inserting ``2001, 2002, and 2003''.
(c) Additional Authorization of Appropriations for Middle
East Radio Network of Voice of America.--In addition to such
amounts as are made available for the Middle East Radio Network
of Voice of America pursuant to the authorization of
appropriations under subsection (a), there is authorized to be
appropriated $20,000,000 for the fiscal year 2003 for the
Middle East Radio Network of Voice of America.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended to
read as follows: * * *
SEC. 202. SPECIAL AGENT AUTHORITIES.
(a) General Authority.--Section 37(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is
amended--* * *
(b) Agreements.--Section 37(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended--*
* *
(c) \23\ Implementation of Search, Seizure, Service, and
Arrest Authority.--(1) The authority conferred by paragraphs
(2) and (5) of section 37(a) of the State Department Basic
Authorities Act of 1956, as amended by subsection (a), may not
be exercised until the date on which the Secretary--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 2709 note.
---------------------------------------------------------------------------
(A) submits the agreement required by subsection
(b)(2) of section 37 of such Act to the appropriate
congressional committees; and
(B) publishes in the Federal Register a notice that
the agreement has been submitted in accordance with the
requirements of subparagraph (A).
(2) The authority conferred by paragraphs (2) and (5) of
subsection (a) of section 37 of the State Department Basic
Authorities Act of 1956, as in effect on the day before the
date of the enactment of this Act, may continue to be exercised
until the date on which the notice described in paragraph
(1)(B) is published in the Federal Register.
SEC. 203. INTERNATIONAL LITIGATION FUND.
Section 38 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2710) is amended by adding at the end the
following new subsection: * * *
SEC. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end
the following new section: * * *
SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES. * * *
(a) Annual Reports by the Advisory Committee.--Section
404(d) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 4354(d)) is amended--* * *
(b) Annual Reports by the Secretary.--Section 404(e) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4354(e)) is amended * * *
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN CONSTRUCTION
CONTRACTS.
(a) In General.--Section 11(b)(4)(A) of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended * * *
(b) Conforming Amendment.--Section 402(c)(2)(D) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4852(c)(2)(D)) is amended * * *
SEC. 207. INTERNATIONAL CHANCERY CENTER.
Section 1 of the Act of October 8, 1968 (Public Law 90-553,
as amended; commonly known as the ``International Center Act'')
is amended--* * *
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16
U.S.C. 933(c)) is amended--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the
annual''.
SEC. 209.\24\ CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 7(a)(3) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1977(a)(3)) is amended * * *
---------------------------------------------------------------------------
\24\ For amended text, see Legislation on Foreign Relations Through
2005, vol. IV.
---------------------------------------------------------------------------
SEC. 210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL BOUNDARY AND WATER
COMMISSION.
Section 5 of the Act entitled ``An Act providing for a
study regarding the equitable use of the waters of the Rio
Grande below Fort Quitman, Texas, in cooperation with the
United States of Mexico'', approved May 13, 1924 (22 U.S.C.
277d), is amended by inserting ``, the North American
Development Bank, or the Border Environment Cooperation
Commission'' after ``United Mexican States''.
SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOPTIONS AND
AFFIDAVITS OF SUPPORT.
(a) \25\ Adoption Fees.--Section 403(b) of the Intercountry
Adoption Act of 2000 (Public Law 106-279) is amended--* * *
---------------------------------------------------------------------------
\25\ For amended text, see Legislation on Foreign Relations Through
2005, vol. II-B.
---------------------------------------------------------------------------
(b) Affidavit of Support Fees.--Section 232 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-425) is amended--* * *
SEC. 212. ANNUAL REPORTS ON COMPLIANCE WITH 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; 112 Stat. 2681-846) is amended * * *
SEC. 213.\26\ REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHES.
Section 738 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001 (as enacted into law by Public Law 106-387; 114 Stat.
1549A-34) is repealed.
---------------------------------------------------------------------------
\26\ Sec. 738 of Public Law 106-387 read as follows:
``Sec. 738. Hereafter, notwithstanding any other provision of law,
no housing or residence in a foreign country purchased by an agent or
instrumentality of the United States, for the purpose of housing the
agricultural attache, shall be sold or disposed of without the approval
of the Foreign Agricultural Service of the United States Department of
Agriculture, including property purchased using foreign currencies
generated under the Agricultural Trade Development and Assistance Act
of 1954 (Public Law 480) and used or occupied by agricultural attaches
of the Foreign Agricultural Service: Provided, That the Department of
State/Office of Foreign Buildings may sell such properties with the
concurrence of the Foreign Agricultural Service if the proceeds are
used to acquire suitable properties of appropriate size for Foreign
Agricultural Service agricultural attaches: Provided further, That the
Foreign Agricultural Service shall have the right to occupy such
residences in perpetuity with costs limited to appropriate maintenance
expenses.''.
---------------------------------------------------------------------------
SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
(a) Congressional Statement of Policy.--The Congress
maintains its commitment to relocating the United States
Embassy in Israel to Jerusalem and urges the President,
pursuant to the Jerusalem Embassy Act of 1995 (Public Law 104-
45; 109 Stat. 398), to immediately begin the process of
relocating the United States Embassy in Israel to Jerusalem.
(b) Limitation on Use of Funds for Consulate in
Jerusalem.--None of the funds authorized to be appropriated by
this Act may be expended for the operation of a United States
consulate or diplomatic facility in Jerusalem unless such
consulate or diplomatic facility is under the supervision of
the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of
the funds authorized to be appropriated by this Act may be
available for the publication of any official government
document which lists countries and their capital cities unless
the publication identifies Jerusalem as the capital of Israel.
(d) Record of Place of Birth as Israel for Passport
Purposes.--For purposes of the registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary shall, upon the request of the citizen or the
citizen's legal guardian, record the place of birth as Israel.
SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Israel is a friend and ally of the United States
whose security is vital to regional stability and
United States interests.
(2) Israel currently maintains diplomatic relations
with approximately 160 countries. Approximately 30
countries do not have any diplomatic relations with
Israel.
(3) The State of Israel has been actively seeking to
establish formal relations with a number of countries.
(4) The United States should assist its ally, Israel,
in its efforts to establish diplomatic relations.
(5) After more than 50 years of existence, Israel
deserves to be treated as an equal nation by its
neighbors and the world community.
(b) Report Concerning United States Efforts to Promote
Israel's Diplomatic Relations With Other Countries.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate
congressional committees that includes the following
information (in classified or unclassified form, as
appropriate):
(1) Actions taken by the United States to encourage
other countries to establish full diplomatic relations
with Israel.
(2) Specific responses solicited and received by the
Secretary from countries that do not maintain full
diplomatic relations with Israel with respect to the
status of negotiations to enter into diplomatic
relations with Israel.
(3) Other measures being undertaken, and measures
that will be undertaken, by the United States to ensure
and promote Israel's full participation in the world
diplomatic community.
SEC. 216. 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 * * *
(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 * * *
(c) Report on Terrorist Activity in Which United States
Citizens Were Killed and Related Matters.--Section 805(a) of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 805(a)
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-
470) is amended * * *
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended--* * *
SEC. 222. EXTENSION OF REQUIREMENT FOR 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 * * *
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan for the
Department designed to achieve the following objectives:
(1) Full integration of public diplomacy policy into
overall policy formulation and implementation.
(2) Closer communication and policy coordination
between public diplomacy officers and other officers in
the regional bureaus of the Department and at overseas
posts.
(3) The creation of channels of direct communication
between the public diplomacy officers in regional
bureaus of the Department and the Under Secretary of
State for Public Diplomacy.
(4) Minimizing any adverse consequences of public
diplomacy officers in country posts reporting to the
regional bureaus of the Department.
SEC. 224.\27\ ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.--There is established an Advisory
Committee on Cultural Diplomacy (in this section referred to as
the ``Advisory Committee''), which shall be composed of nine
members, as follows:
---------------------------------------------------------------------------
\27\ 22 U.S.C. 2451 note.
---------------------------------------------------------------------------
(1) The Under Secretary of State for Public
Diplomacy, who shall serve as Chair.
(2) The Assistant Secretary of State for Educational
and Cultural Affairs.
(3) Seven members appointed pursuant to subsection
(c).
(b) Duties.--The Advisory Committee shall advise the
Secretary on programs and policies to advance the use of
cultural diplomacy in United States foreign policy. The
Advisory Committee shall, in particular, provide advice to the
Secretary on--
(1) increasing the presentation abroad of the finest
of the creative, visual, and performing arts of the
United States; and
(2) strategies for increasing public-private
partnerships to sponsor cultural exchange programs that
promote the national interests of the United States.
(c) Appointments.--The members of the Advisory Committee
shall be appointed by the Secretary, not more than four of whom
shall be from the same political party, from among
distinguished Americans with a demonstrated record of
achievement in the creative, visual, and performing arts, or
international affairs. No officer or employee of the United
States shall be appointed to the Advisory Committee.
(d) Vacancies.--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.
(e) Meetings.--A majority of the members of the Advisory
Committee shall constitute a quorum. The Advisory Committee
shall meet at least twice each year or as frequently as may be
necessary to carry out its duties.
(f) Administrative Support.--The Secretary is authorized to
provide the Advisory Committee with necessary administrative
support from among the staff of the Bureau of Educational and
Cultural Affairs of the Department.
(g) Compensation.--Members of the Advisory Committee 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.
(h) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall not apply to the Advisory
Committee to the extent that the provisions of this section are
inconsistent with that Act.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Department such sums as may be
necessary to carry out this section.
(j) Termination.--The Advisory Committee shall terminate
September 30, 2005.
SEC. 225. ALLOCATION OF FUNDS FOR ``AMERICAN CORNERS'' IN THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds that joint ventures with host
libraries in the Russian Federation known as ``American
Corners'' are an effective means--
(1) to provide information about United States
history, government, society, and values;
(2) to provide access to computers and the Internet;
and
(3) to leverage United States assistance and exchange
programs in the Russian Federation.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated by section 112(1)(B) of this Act for the fiscal
year 2003, $500,000 is authorized to be available for
``American Corner'' centers operating in the Russian
Federation.
SEC. 226. REPORT RELATING TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 5 of the Act entitled ``An Act to establish a
Commission on Security and Cooperation in Europe'' (22 U.S.C.
3005) is amended to read as follows: * * *
SEC. 227.\28\ AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION ACT OF
2000.
(a) Purposes of the Act.--Section 202 of the Vietnam
Education Foundation Act of 2000 (title II of division B of
H.R. 5666, as enacted by section 1(a)(4) of Public Law 106-554
and contained in appendix D of that Act; 114 Stat. 2763A-255)
is amended--* * *
---------------------------------------------------------------------------
\28\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
(b) Election of the Chair.--Section 205(c) of such Act is
amended * * *
(c) Duties of the Board.--Section 205(e) of such Act is
amended * * *
(d) Treatment of Presidential Appointees to the Board of
Directors.--Section 205 of such Act is amended--* * *
(e) Travel Regulations.--Section 205 of such Act, as
amended by subsection (d), is further amended * * *
(f) Vacancies.--Section 205(b) of such Act is amended * * *
(g) English Proficiency.--Section 206(a)(2) of such Act is
amended * * *
(h) Selection Criteria.--Section 206(b) of such Act is
amended--* * *
(i) Annual Report.--Such Act is amended--
(1) in section 207(d), * * *
(2) in section 209(b)--* * *
(j) Compensation of Executive Director.--Section 208(d) of
such Act is amended * * *
(k) Clerical Corrections.--Such Act is amended--
(1) in section 206(d)--* * *
(2) in section 206(e)--* * *
(3) in section 208(a), * * *
(4) in section 208(d), * * *
(5) in section 209(a)(5), * * *
SEC. 228.\29\ ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds
for international exchanges to provide opportunities to
researchers in developing countries to participate in
activities related to ethical issues in human subject research,
as described in subsection (c).
---------------------------------------------------------------------------
\29\ 22 U.S.C. 2464.
---------------------------------------------------------------------------
(b) Coordination With Other Programs.--The Secretary shall
coordinate programs conducted pursuant to this section with
similar programs that may be conducted by the United States
Agency for International Development and other Federal agencies
as part of United States international health programs,
particularly with respect to research and treatment of
infectious diseases.
(c) Ethical Issues in Human Subject Research.--For purposes
of subsection (a), the phrase ``activities related to ethical
issues in human subject research'' includes courses of study,
conferences, and fora on development of and compliance with
international ethical standards for clinical trials involving
human subjects, particularly with respect to responsibilities
of researchers to individuals and local communities
participating in such trials, and on management and monitoring
of such trials based on such international ethical standards.
SEC. 229. CONFORMING AMENDMENTS.
Section 112(g) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(g)) is amended--* * *
Subtitle C--Consular Authorities
SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS.
Section 51(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2723(a)) is amended--* * *
SEC. 232.\30\ DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND OTHER
NATIONALS ENGAGED IN COERCED ORGAN OR BODILY TISSUE
TRANSPLANTATION.
(a) Denial of Entry.--Notwithstanding any other provision
of law and except as provided in subsection (b), the Secretary
shall direct consular officers not to issue a visa to any
person whom the Secretary finds, based on credible and specific
information, to have been directly involved with the coercive
transplantation of human organs or bodily tissue, unless the
Secretary has substantial grounds for believing that the
foreign national has discontinued his or her involvement with,
and support for, such practices.
---------------------------------------------------------------------------
\30\ 8 U.S.C. 1182f.
---------------------------------------------------------------------------
(b) Exception.--The prohibitions in subsection (a) do not
apply to an applicant who is a head of state, head of
government, or cabinet-level minister.
(c) Waiver.--The Secretary 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) not later than 30 days after the issuance of a
visa, provides written notification to the appropriate
congressional committees containing a justification for
the waiver.
SEC. 233.\31\ PROCESSING OF VISA APPLICATIONS.
(a) In General.--It shall be the policy of the Department
to process each visa application from an alien classified as an
immediate relative or as a K-1 nonimmigrant 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 petitioner is a relative
other than an immediate relative, it should be the policy of
the Department to process such an application within 60 days of
the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service.
---------------------------------------------------------------------------
\31\ 8 U.S.C. 1201 note.
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(b) Definitions.--In this section:
(1) Immediate relative.--The term ``immediate
relative'' has the meaning given the term in section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)).
(2) K-1 nonimmigrant.--The term ``K-1 nonimmigrant''
means a nonimmigrant alien described in section
101(a)(15)(K)(i) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. 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 by
adding at the end the following: * * *
Subtitle D--Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.), as amended by section 204 of
this Act, is further amended by adding at the end the following
new section: * * *
SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION
FOR MIGRATION.
Section 2(a) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(a)) is amended to read as follows: * * *
SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than
120 days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report on overseas processing of refugees for
admission to the United States.
(b) Contents.--The report shall include the following
detailed information:
(1) United States procedures for the identification
of refugees who are particularly vulnerable or whose
individual circumstances otherwise suggest an urgent
need for resettlement, including the extent to which
the Department now insists on referral by the United
Nations High Commissioner for Refugees as a
prerequisite to consideration of such refugees for
resettlement in the United States, together with a plan
for the expanded use of alternatives to such referral,
including the use of field-based nongovernmental
organizations to identify refugees in urgent need of
resettlement.
(2) The extent to which the Department makes use in
overseas refugee processing of the designation of
groups of refugees who are of special concern to the
United States, together with the reasons for any
decline in such use over the last 10 years and a plan
for making more generous use of such categories in the
future.
(3) The extent to which the United States currently
provides opportunities for resettlement in the United
States of individuals who are close family members of
citizens or lawful residents of the United States,
together with the reasons for any decline in the extent
of such provision over the last 10 years and a plan for
expansion of such opportunities in the future.
(4) The extent to which opportunities for
resettlement in the United States are currently
provided to ``urban refugees'' and others who do not
currently reside in refugee camps, together with a plan
for increasing such opportunities, particularly for
refugees who are in urgent need of resettlement, who
are members of refugee groups of special interest to
the United States, or who are close family members of
United States citizens or lawful residents.
(5) The Department's assessment of the feasibility
and desirability of modifying the Department's current
list of refugee priorities to create an additional
category for refugees whose need for resettlement is
based on a long period of residence in a refugee camp
with no immediate prospect of safe and voluntary
repatriation to their country of origin or last
permanent residence.
(6) The extent to which the Department uses private
voluntary agencies to assist in the identification of
refugees for admission to the United States, including
the Department's assessment of the advantages and
disadvantages of private voluntary agencies, the
reasons for any decline in the Department's use of
voluntary agencies over the last 10 years, and a plan
for the expanded use of such agencies.
(7) The extent to which the per capita reception and
placement grant to voluntary agencies assisting in
resettlement of refugees has increased over the last 10
years commensurate with the cost to such agencies of
providing such services.
(8) An estimate of the cost of each change in current
practice or procedure discussed in the report, together
with an estimate of any increase in the annual refugee
admissions ceiling that would be necessary to implement
each change.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
SEC. 301.\32\ COMPREHENSIVE WORKFORCE PLAN.
(a) Workforce Plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive workforce
plan for the Department for the fiscal years 2003 through 2007.
The plan shall consider personnel needs in both the Civil
Service and the Foreign Service and expected domestic and
overseas personnel allocations. The workforce plan should set
forth--
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\32\ 22 U.S.C. 2651a note.
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(1) the detailed mission of the Department;
(2) the definition of work to be done;
(3) a description of cyclical personnel needs based
on expected retirements and attrition; and
(4) a statement of the time required to hire, train,
and deploy new personnel.
(b) Domestic Staffing Model.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
compile and submit to the appropriate congressional committees
a domestic staffing model for the Department.
SEC. 302.\33\ ``RIGHTSIZING'' OVERSEAS POSTS.
(a) ``Rightsizing'' at the Department of State.--
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\33\ 22 U.S.C. 2651a note.
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(1) In general.--The Secretary shall establish a task
force within the Department on the issue of
``rightsizing'' overseas posts.
(2) Preliminary report.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report that outlines the status, plans,
and activities of the task force. In addition to such
other information as the Secretary considers
appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives
under subparagraph (A).
(C) Identification of the official of the
Department with primary responsibility for the
issue of ``rightsizing''.
(D) The plans of the Department for the
reallocation of staff and resources based on
changing needs at overseas posts and in the
metropolitan Washington, D.C., area.
(3) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report reviewing the activities and progress of the
task force established under paragraph (1).
(b) Interagency Working Group.--
(1) Establishment.--The Secretary shall establish an
interagency working group on the issue of
``rightsizing'' the overseas presence of the United
States Government.
(2) Preliminary report.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report which outlines the status, plans,
and activities of the interagency working group. In
addition to such other information as the Secretary
considers appropriate, the report shall include the
following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives
under subparagraph (A).
(C) Identification of the official of each
agency with primary responsibility for the
issue of ``rightsizing''.
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report reviewing the activities and progress of the
working group established under paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT OF
STATE.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--* * *
Subtitle B--Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
Section 36A of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708a) is amended--* * *
SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) Comparable Payments.--Section 405(b)(3) of the Foreign
Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended * * *
(b) \34\ Effective Date.--The amendment made by subsection
(a) shall take effect October 1, 2002.
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\34\ 22 U.S.C. 3965 note.
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SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22
U.S.C. 3968(a)(1)) is amended * * *
SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) In General.--Section 610(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4010(a)) is amended--* * *
(b) Conforming Amendments.--Section 1106(8) of the Foreign
Service Act of 1980 (22 U.S.C. 4136(8)) is amended--* * *
SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) In General.--Section 901(8) of the Foreign Service Act
of 1980 (22 U.S.C. 4081(8)) is amended * * *
(b) \35\ Promulgation of Guidance.--The Secretary shall
promulgate guidance for the implementation of the amendment
made by subsection (a) to ensure its implementation in a manner
which does not substantially increase the total amount of
travel expenses paid or reimbursed by the Department for travel
under section 901 of the Foreign Service Act of 1980 (22 U.S.C.
4081).
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\35\ 22 U.S.C. 4801 note.
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(c) \35\ Effective Date.--The amendment made by subsection
(a) shall take effect on the date on which guidance for
implementation of such amendment is issued by the Secretary.
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22
U.S.C. 4084(b)) is amended * * *
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22
U.S.C. 4134(a)) is amended * * *
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of Public
Law 105-277; 112 Stat. 2681-808) is amended--* * *
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is
amended by inserting after the first sentence the following:
``At the election of the employee, in lieu of the
transportation of the baggage of a dependent from the
dependent's school, the costs incurred to store the baggage at
or in the vicinity of the school during the dependent's annual
trip between the school and the employee's duty station may be
paid or reimbursed to the employee, except that the amount of
the payment or reimbursement may not exceed the cost that the
Government would incur to transport the baggage.''.
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927 of title 5, United States Code, is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) to an employee compensated pursuant to section
408 of the Foreign Service Act of 1980, who--
``(A) pursuant to United States Government
authorization is located outside the country of
employment; and
``(B) requires medical treatment outside the
country of employment in circumstances
specified by the President in regulations.'';
and
(2) in subsection (b), by striking ``appointed'' and
inserting ``hired''.
SEC. 321.\36\ RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE
PERFORMED ABROAD.
(a) Retirement Credit for Certain Government Service
Performed Abroad.--Subject to subsection (b)(1), credit under
chapter 84 of title 5, United States Code, shall be allowed for
any service performed by an individual if or to the extent
that--
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\36\ 5 U.S.C. 8411 note.
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(1) it was performed by such individual--
(A) after December 31, 1988, and before May
24, 1998;
(B) at a United States diplomatic mission,
consular post (other than a consular agency),
or other Foreign Service post abroad; and
(C) under a temporary appointment pursuant to
sections 309 and 311 of the Foreign Service Act
of 1980 (22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such
individual would have satisfied all eligibility
requirements under regulations of the Department (as in
effect on the date of the enactment of this Act) for a
family member limited noncareer appointment (within the
meaning of such regulations, as in effect on such date
of enactment), except that, in applying this paragraph,
an individual not employed by the Department while
performing such service shall be treated as if then so
employed;
(3) such service would have been creditable under
section 8411(b)(3) of such title 5 if--
(A) the service had been performed before
January 1, 1989; and
(B) the deposit requirements of section
8411(f) of such title 5 had been met with
respect to such service;
(4) such service would not otherwise be creditable
under the Federal Employees' Retirement System or any
other retirement system for employees of the United
States Government (disregarding title II of the Social
Security Act); and
(5) the total amount of service performed by such
individual (satisfying paragraphs (1) through (4)) is
not less than 90 days.
(b) Requirements.--
(1) Requirements of the individual.--In order to
receive credit under chapter 84 of title 5, United
States Code, for any service described in subsection
(a), the individual who performed such service (or, if
deceased, any person who is or would be eligible for a
survivor annuity under the Federal Employees'
Retirement System based on the service of such
individual)--
(A) shall file a written application with the
Office of Personnel Management not later than
36 months after the effective date of the
regulations prescribed to carry out this
section (as specified in those regulations);
and
(B) shall remit to the Office (for deposit in
the Treasury of the United States to the credit
of the Civil Service Retirement and Disability
Fund) the total amount that, under section 8422
of such title 5, should have been deducted from
the basic pay of such individual for such
service if such service had then been
creditable under such chapter 84.
(2) Government contributions.--
(A) In general.--In addition to any other
payment that it is required to make under
chapter 84 of title 5, United States Code, a
department, agency, or other instrumentality of
the United States shall remit to the Office of
Personnel Management (for deposit in the
Treasury of the United States to the credit of
the Fund) the amount described in subparagraph
(B).
(B) Amount described.--The amount described
in this subparagraph is, with respect to a
remittance under paragraph (1), the total
amount of Government contributions that would,
under section 8423 of title 5, United States
Code, have been required of the instrumentality
involved (to the extent that it was the
employing entity during the period of service
to which such remittance relates) in connection
with such service.
(C) Special rule.--If an amount cannot be
remitted under this paragraph because an
instrumentality has ceased to exist, such
amount shall instead be treated as part of the
supplemental liability referred to in section
8423(b)(1) (A) or (B) of title 5, United States
Code (whichever would be appropriate).
(3) Related requirements.--Any remittance under
paragraph (1) or (2)--
(A) shall be made in such time, form, and
manner as the Office of Personnel Management
may by regulation require; and
(B) shall be computed with interest (in
accordance with section 8334(e) of title 5,
United States Code, and such requirements as
the Office may by regulation prescribe).
(4) Notification and assistance requirements.--
(A) In general.--The Office of Personnel
Management shall take such action as may be
necessary and appropriate to inform individuals
entitled to have any service credited under
this section, or to have any annuity computed
or recomputed under this section, of their
entitlement to such credit, computation, or
recomputation.
(B) Assistance to individuals.--The Office
shall, on request, assist any individual
referred to in subparagraph (A) in obtaining
from any department, agency, or other
instrumentality of the United States such
information in the possession of such
instrumentality as may be necessary to verify
the entitlement of such individual to have any
service credited, or to have any annuity
computed or recomputed, pursuant to this
section.
(C) Assistance from instrumentalities.--Any
department, agency, or other instrumentality of
the United States that possesses any
information with respect to any service
described in subsection (a) shall, at the
request of the Office, furnish such information
to the Office.
(c) Definitions.--In this section:
(1) Abroad.--The term ``abroad'' has the meaning
given such term under section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902).
(2) Basic pay.--The term ``basic pay'' has the
meaning given such term under section 8401 of title 5,
United States Code.
(3) Civil service retirement and disability fund.--
The term ``Civil Service Retirement and Disability
Fund'' or ``Fund'' means the Civil Service Retirement
and Disability Fund under section 8348 of title 5,
United States Code.
(4) Temporary appointment.--The term ``temporary
appointment'' means an appointment that is limited by
its terms to a period of one year or less.
(d) Rule of Construction.--Nothing in this section shall be
considered to permit or require the making of any contributions
to the Thrift Savings Fund that would not otherwise have been
permitted or required had this section not been enacted.
(e) Applicability.--
(1) Annuities commencing on or after effective date
of implementing regulations.--An annuity or survivor
annuity--
(A) which is based on the service of an
individual who performed service described in
subsection (a), and
(B) which commences on or after the effective
date of the regulations prescribed to carry out
this section (as determined under subsection
(b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking
into account all service described in subsection (a)
that was performed by such individual.
(2) Annuities with commencement date preceding
effective date of implementing regulations.--
(A) Recomputation cases.--An annuity or
survivor annuity--
(i) which is based on the service of
an individual who performed service
described in subsection (a), and
(ii) which commences before the
effective date referred to in paragraph
(1)(B),
shall (subject to subsection (b)(1)) be
recomputed taking into account all service
described in subsection (a) that was performed
by such individual.
(B) Other cases.--An annuity or survivor
annuity--
(i) which is based on the service of
an individual who performed service
described in subsection (a),
(ii) the requirements for entitlement
which could not be met without taking
into account service described in
subsection (a), and
(iii) which (if service described in
subsection (a) had been taken into
account, and an appropriate application
been submitted) would have commenced
before the effective date referred to
in paragraph (1)(B),
shall (subject to subsection (b)(1)) be
computed taking into account all service
described in subsection (a) that was performed
by such individual.
(C) Retroactive effect.--Any computation or
recomputation of an annuity or survivor annuity
pursuant to this paragraph shall--
(i) if pursuant to subparagraph (A),
be effective as of the commencement
date of the annuity or survivor annuity
involved; and
(ii) if pursuant to subparagraph (B),
be effective as of the commencement
date that would have applied if
application for the annuity or survivor
annuity involved had been submitted on
the earliest date possible in order for
it to have been approved.
(D) Lump-sum payment.--Any amounts which by
virtue of subparagraph (C) are payable for any
months preceding the first month (on or after
the effective date referred to in paragraph
(1)(B)) as of which annuity or survivor annuity
payments become payable fully reflecting the
computation or recomputation under subparagraph
(A) or (B) (as the case may be) shall be
payable in the form of a lump-sum payment.
(E) Order of precedence.--Section 8424(d) of
title 5, United States Code, shall apply in the
case of any payment under subparagraph (D)
payable to an individual who has died.
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such
regulations and take such action as may be necessary and
appropriate to implement this section.
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNUITIES AS IF
WASHINGTON, D.C., LOCALITY-BASED COMPARABILITY
PAYMENTS WERE MADE TO OVERSEAS-STATIONED FOREIGN
SERVICE MEMBERS.
(a) Foreign Service Retirement and Disability System.--
(1) Computation of annuities.--Section 806(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4046(a)) is
amended * * *
(2) Government contributions and individual
deductions and withholdings.--Section 805(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4045(a)) is
amended--* * *
(b) Foreign Service Pension System.--
(1) Computation of annuities.--Section 855(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4071d(a)) is
amended * * *
(2) Individual deductions and withholdings.--Section
856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4071e(a)(2)) is amended * * *
(c) Effective Dates.--
(1) \37\ Computation of annuities.--The amendments
made by subsections (a)(1) and (b)(1) shall apply to
service performed on or after the first day of the
first pay period beginning on or after the date that is
90 days after the date of enactment of this Act.
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\37\ 22 U.S.C. 4046 note.
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(2) \38\ Government contributions and individual
deductions and withholdings.--The amendments made by
subsections (a)(2) and (b)(2) shall take effect with
the first pay period beginning on or after the date
that is 90 days after the date of enactment of this
Act.
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\38\ 22 U.S.C. 4045 note.
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SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing a plan
for the Department to improve the recruitment of veterans for
the career Foreign Service. The plan shall--
(1) address personnel issues relevant to such
recruitment efforts; and
(2) include proposals for improving coordination
between the Department and the Departments of Defense,
Transportation, and Veterans Affairs in promoting the
recruitment of veterans to the career Foreign Service.
(b) Definition.--In this section, the term ``veterans'' has
the meaning given that term in section 101(2) of title 38,
United States Code.
SEC. 324.\39\ REPORT CONCERNING MINORITY EMPLOYMENT.
On April 1, 2003, and April 1, 2004, the Secretary shall
submit a comprehensive report to Congress, with respect to the
preceding calendar year, concerning the employment of members
of minority groups at the Department, including the Civil
Service and the Foreign Service. The report shall include the
following data (reported in terms of real numbers and
percentages and not as ratios):
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\39\ 22 U.S.C. 2651a note.
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(1) For the last preceding Foreign Service
examination and promotion cycles for which such
information is available--
(A) the numbers and percentages of members of
all minority groups taking the written Foreign
Service examination;
(B) the numbers and percentages of members of
all minority groups successfully completing and
passing the written Foreign Service
examination;
(C) the numbers and percentages of members of
all minority groups successfully completing and
passing the oral Foreign Service examination;
(D) the numbers and percentages of members of
all minority groups entering the junior officer
class of the Foreign Service;
(E) the numbers and percentages of members of
all minority groups who are Foreign Service
officers at each grade; and
(F) the numbers and percentages of members of
all minority groups promoted to each grade of
the Foreign Service.
(2) For the last preceding year for Civil Service
employment at the Department for which such information
is available--
(A) numbers and percentages of members of all
minority groups entering the Civil Service;
(B) the number and percentages of members of
all minority groups who are Civil Service
employees at each grade of the Civil Service;
and
(C) the number of and percentages of members
of all minority groups promoted at each grade
of the Civil Service.
SEC. 325.\39\ USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) Conduct of Recruitment Activities.--
(1) In general.--Amounts authorized to be
appropriated for minority recruitment under section
111(1)(D) shall be used only for activities directly
related to minority recruitment, such as recruitment
materials designed to target members of minority groups
and the travel expenses of recruitment trips to
colleges, universities, and other institutions or
locations.
(2) Limitation.--Amounts authorized to be
appropriated for minority recruitment under section
111(1)(D) may not be used to pay salaries of employees
of the Department.
(b) Recruitment Activities at Academic Institutions.--The
Secretary shall expand the recruitment efforts of the
Department to include not less than 25 percent of the part B
institutions (as defined under section 322 of the Higher
Education Act of 1965) in the United States and not less than
25 percent of the Hispanic-serving institutions (as defined in
section 502(a)(5) of such Act) in the United States.
(c) Evaluation of Recruitment Efforts.--The Secretary shall
establish a database relating to efforts to recruit members of
minority groups into the Foreign Service and the Civil Service
and shall report to the appropriate congressional committees on
the evaluation of efforts to recruit such individuals,
including an analysis of the information collected in the
database created under this subsection. Such report shall be
included in each of the two reports required under section 324.
SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMERICAN
INSTITUTE IN TAIWAN.
Section 503 of the Foreign Service Act of 1980 (22 U.S.C.
3983) is amended--* * *
SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE.
Section 702(c) of the Foreign Service Act of 1980 (22
U.S.C. 4022(c)) is amended--* * *
SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN SERVICE ASSIGNED
ABROAD.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended * * *
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.
(a) \40\ In General.--The United Nations Reform Act of 1999
(title IX 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-475) is amended * * *
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\40\ For amended text, see Legislation on Foreign Relations Through
2005, vol. II-B.
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(b) Conforming Amendment.--The undesignated paragraph under
the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (as contained in
section 1000 of division B of the Consolidated Appropriations
Act, 2000; Public Law 106-113) is amended--
(1) in the first proviso, by striking ``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''; and
(2) by inserting after ``respective agencies:'' the
following: ``Provided further, That none of the funds
appropriated or otherwise made available under this
heading for payment of arrearages may be obligated with
respect to a designated specialized agency of the
United Nations until such time as the share of the
total of all assessed contributions for that designated
specialized agency does not exceed 22 percent for any
member of the agency:''.
(c) \40\ Transmittal of Certifications to Congress.--
Section 912(c) of the United Nations Reform Act of 1999 (title
IX 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-
477) is amended * * *
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR
YEARS 2001 THROUGH 2004.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
note) is amended--* * *
(b) Conforming Amendments to Public Law 92-544.--Title I of
the Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e
note) is amended--
(1) in the next to the last sentence of the
undesignated paragraph under the heading
``contributions to international organizations'' in
Public Law 92-544 (22 U.S.C. 287e note), by striking
``After'' and inserting ``Subject to section 404(b)(2)
of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 287e note), after''; and
(2) in the last sentence of the undesignated
paragraph under the heading ``contributions to
international organizations'' in Public Law 92-544 (22
U.S.C. 287e note)--
(A) by striking ``Appropriations are
authorized'' and inserting ``Subject to section
404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 287e note), appropriations are
authorized''; and
(B) by striking ``(other than United Nations
peacekeeping operations) conducted'' and
inserting ``conducted by or under the auspices
of the United Nations or''.
SEC. 403.\41\ LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
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: * * *
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\41\ See the United Nations Participation Act of 1945, sec. 11, as
added by sec. 403, in Legislation on Foreign Relations Through 2005,
vol. II-B.
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SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States Government
began to pay United States assessments to certain
international organizations in the last quarter of the
calendar year in which they were due. This practice
allowed the United States to pay its annual assessment
to the United Nations and other international
organizations with the next fiscal year's
appropriations, taking advantage of the fact that
international organizations operate on calendar years.
It also allowed the United States to reduce budgetary
outlays, making the United States budget deficit appear
smaller.
(2) The United States, which is assessed 22 percent
of the United Nations regular budget, now pays its dues
at least 10 months late, and often later depending on
when the relevant appropriation is enacted.
(3) This practice causes the United Nations to
operate throughout much of the year without a
significant portion of its operating budget. By
midyear, the budget is usually depleted, forcing the
United Nations to borrow from its separate peacekeeping
budget (the organization is prohibited from external
borrowing). As a result, countries that contribute to
United Nations peacekeeping missions are not reimbursed
on a timely basis.
(4) For years, the United States has been encouraging
the United Nations and other international
organizations to engage in sound, fiscally responsible
budgetary practices. In fact, many of the conditions in
United States law for paying nearly $1,000,000,000 in
debt to the United Nations and other international
organizations are aimed at this goal. But late payment
of United States dues forces the United Nations and
other international organizations to engage in
budgetary practices that are neither sound nor
responsible.
(b) Sense of Congress.--It is the sense of Congress that
the United States should initiate a process to synchronize the
payment of its assessments to the United Nations and other
international organizations over a multiyear period so that the
United States can resume paying its dues to such international
organizations at the beginning of each calendar year.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for the purpose of payment of the United
States assessed contributions to the United Nations and
other international organizations, there are authorized
to be appropriated such sums as may be necessary to
carry out the policy described in subsection (b).
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) \42\ Amendments to United Nations Participation Act.--
Section 4 of the United Nations Participation Act (22 U.S.C.
287b) is amended--* * *
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\42\ For amended text, see Legislation on Foreign Relations Through
2005, vol. II-B.
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(b) Conforming Amendments.--
(1) Section 2 of Public Law 81-806 (22 U.S.C. 262a)
is amended by striking the last sentence.
(2) Section 409 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), is amended by striking subsection
(d).
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees containing a detailed analysis, and a
determination based on such analysis, on whether the use of
secret ballots within the United Nations and the specialized
agencies of the United Nations serves the interests of the
United States.
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
It is the sense of Congress that the President, having
announced that the United States will rejoin the United Nations
Educational, Scientific, and Cultural Organization (UNESCO),
should submit a report to the appropriate congressional
committees--
(1) describing the merits of renewing the membership
and participation of the United States in UNESCO; and
(2) detailing the projected costs of United States
membership in UNESCO.
SEC. 408.\43\ UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION
ON HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL
BOARD.
The United States, in connection with its voice and vote in
the United Nations General Assembly and the United Nations
Economic and Social Council, shall make every reasonable
effort--
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\43\ 22 U.S.C. 287 note.
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(1) to secure a seat for the United States on the
United Nations Commission on Human Rights;
(2) to secure a seat for a United States national on
the United Nations International Narcotics Control
Board; and
(3) to prevent membership on the Human Rights
Commission by any member nation the government of
which, in the judgment of the Secretary, based on the
Department's Annual Country Reports on Human Rights and
the Annual Report on International Report on Religious
Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in
that country.
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan that
provides for--
(1) proposals to reverse the decline in recent years
in funding and personnel resources devoted to the
placement of United States citizens in positions within
the United Nations system;
(2) steps to intensify coordinated, high-level
diplomatic efforts to place United States citizens in
senior posts in the United Nations Secretariat and the
specialized agencies of the United Nations; and
(3) appropriate mechanisms to address the
underrepresentation, relative to the United States
share of assessed contributions to the United Nations,
of United States citizens in junior positions within
the United Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES \44\
* * * * * * *
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\44\ For title V, relating to U.S. international broadcasting
activities, see beginning at page 1701.
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TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002 \45\
* * * * * * *
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\45\ For the Middle East Peace Commitments Act of 2002, and other
related legislation from previous years, see Legislation on Foreign
Relations Through 2005, vol. I-B.
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Subtitle B--Tibet Policy
SEC. 611.\46\ SHORT TITLE.
This subtitle may be cited as ``Tibetan Policy Act of
2002''.
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\46\ 22 U.S.C. 6901 note.
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SEC. 612.\46\ STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations
of the Tibetan people to safeguard their distinct identity.
SEC. 613.\46\ TIBET NEGOTIATIONS.
(a) Policy.--
(1) In general.--The President and the Secretary
should encourage the Government of the People's
Republic of China to enter into a dialogue with the
Dalai Lama or his representatives leading to a
negotiated agreement on Tibet.
(2) Compliance.--After such an agreement is reached,
the President and the Secretary should work to ensure
compliance with the agreement.
(b) Periodic Reports.--Not later than 180 days after the
date of the enactment of this Act, and every 12 months
thereafter, the President shall transmit to the appropriate
congressional committees a report on--
(1) the steps taken by the President and the
Secretary in accordance with subsection (a)(1); and
(2) the status of any discussions between the
People's Republic of China and the Dalai Lama or his
representatives.
SEC. 614.\46\ REPORTING ON TIBET.
Whenever a report is transmitted to Congress under section
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2151m, 2304) or under section 102(b) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall
be included in such report as a separate section.
SEC. 615.\47\ CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S
REPUBLIC OF CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000
(Public Law 106-286), relating to the Congressional-Executive
Commission on the People's Republic of China, is amended--* * *
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\47\ For text of the U.S.-China Relations Act of 2000, as amended,
see Legislation on Foreign Relations Through 2005, vol. III.
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SEC. 616.\46\ ECONOMIC DEVELOPMENT IN TIBET.
(a) Declarations of Policy.--It is the policy of the United
States to support economic development, cultural preservation,
health care, and education and environmental sustainability for
Tibetans inside Tibet. In support of this policy, the United
States shall use its voice and vote to support projects
designed in accordance with the principles contained in
subsection (d) that are designed to raise the standard of
living for the Tibetan people and assist Tibetans to become
self-sufficient.
(b) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support projects in
Tibet, if the projects are designed in accordance with the
principles contained in subsection (d).
(c) Export-Import Bank and TDA.--The Export-Import Bank of
the United States and the Trade and Development Agency should
support projects proposed to be funded or otherwise supported
by such entities in Tibet, if the projects are designed in
accordance with the principles contained in subsection (d).
(d) Tibet Project Principles.--Projects in Tibet supported
by international financial institutions, other international
organizations, nongovernmental organizations, and the United
States entities referred to in subsection (c), should--
(1) be implemented only after conducting a thorough
assessment of the needs of the Tibetan people through
field visits and interviews;
(2) be preceded by cultural and environmental impact
assessments;
(3) foster self-sufficiency and self-reliance of
Tibetans;
(4) promote accountability of the development
agencies to the Tibetan people and active participation
of Tibetans in all project stages;
(5) respect Tibetan culture, traditions, and the
Tibetan knowledge and wisdom about their landscape and
survival techniques;
(6) be subject to on-site monitoring by the
development agencies to ensure that the intended target
group benefits;
(7) be implemented by development agencies prepared
to use Tibetan as the working language of the projects;
(8) neither provide incentive for, nor facilitate the
migration and settlement of, non-Tibetans into Tibet;
and
(9) neither provide incentive for, nor facilitate the
transfer of ownership of, Tibetan land or natural
resources to non-Tibetans.
SEC. 617.\46\ RELEASE OF PRISONERS AND ACCESS TO PRISONS.
The President and the Secretary, in meetings with
representatives of the Government of the People's Republic of
China, should--
(1) request the immediate and unconditional release
of all those held prisoner for expressing their
political or religious views in Tibet;
(2) seek access for international humanitarian
organizations to prisoners in Tibet to ensure that
prisoners are not being mistreated and are receiving
necessary medical care; and
(3) seek the immediate medical parole of Tibetan
prisoners known to be in serious ill health.
SEC. 618.\46\ ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
The Secretary should make best efforts to establish an
office in Lhasa, Tibet, to monitor political, economic, and
cultural developments in Tibet.
SEC. 619.\46\ REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary shall ensure that Tibetan language training
is available to Foreign Service officers, and that every effort
is made to ensure that a Tibetan-speaking Foreign Service
officer is assigned to a United States post in the People's
Republic of China responsible for monitoring developments in
Tibet.
SEC. 620.\46\ RELIGIOUS PERSECUTION IN TIBET.
(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6414),
the United States Ambassador to the People's Republic of China
should--
(1) meet with the 11th Panchen Lama, who was taken
from his home on May 17, 1995, and otherwise ascertain
information concerning his whereabouts and well-being;
and
(2) request that the Government of the People's
Republic of China release the 11th Panchen Lama and
allow him to pursue his religious studies without
interference and according to tradition.
(b) Promotion of Increased Advocacy.--Pursuant to section
108(a) of the International Religious Freedom Act of 1998 (22
U.S.C. 6417(a)), it is the sense of Congress that
representatives of the United States Government in exchanges
with officials of the Government of the People's Republic of
China should call for and otherwise promote the cessation of
all interference by the Government of the People's Republic of
China or the Communist Party in the religious affairs of the
Tibetan people.
SEC. 621.\46\ UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--
There shall be within the Department a United States Special
Coordinator for Tibetan Issues (in this section referred to as
the ``Special Coordinator'').
(b) Consultation.--The Secretary shall consult with the
chairmen and ranking minority members of the appropriate
congressional committees prior to the designation of the
Special Coordinator.
(c) Central Objective.--The central objective of the
Special Coordinator is to promote substantive dialogue between
the Government of the People's Republic of China and the Dalai
Lama or his representatives.
(d) Duties and Responsibilities.--The Special Coordinator
shall--
(1) coordinate United States Government policies,
programs, and projects concerning Tibet;
(2) vigorously promote the policy of seeking to
protect the distinct religious, cultural, linguistic,
and national identity of Tibet, and pressing for
improved respect for human rights;
(3) maintain close contact with religious, cultural,
and political leaders of the Tibetan people, including
regular travel to Tibetan areas of the People's
Republic of China, and to Tibetan refugee settlements
in India and Nepal;
(4) consult with Congress on policies relevant to
Tibet and the future and welfare of the Tibetan people;
(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated
solution for Tibet; and
(6) take all appropriate steps to ensure adequate
resources, staff, and bureaucratic support to fulfill
the duties and responsibilities of the Special
Coordinator.
Subtitle C--East Timor Transition to Independence Act of 2002
SEC. 631.\48\ SHORT TITLE.
This subtitle may be cited as the ``East Timor Transition
to Independence Act of 2002''.
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\48\ 22 U.S.C. 2656 note.
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SEC. 632.\48\ BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized to--
(1) support the development of civil society,
including nongovernmental organizations in East Timor;
(2) promote the development of an independent news
media;
(3) support job creation, including support for small
business and microenterprise programs, environmental
protection, sustainable development, development of
East Timor's health care infrastructure, educational
programs, and programs strengthening the role of women
in society;
(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East
Timor, including establishing accountability for past
gross human rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor;
(6) support political party development, voter
education, voter registration, and other activities in
support of free and fair elections in East Timor; and
(7) promote the development of the rule of law.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the President to carry out this section
$25,000,000 for the fiscal year 2003.
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
SEC. 633.\48\ MULTILATERAL ASSISTANCE.
The Secretary of the Treasury shall instruct the United
States executive director at each international financial
institution to which the United States is a member to use the
voice, vote, and influence of the United States to support
economic and democratic development in East Timor.
SEC. 634.\48\ TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--The President should initiate negotiations with
the Government of East Timor to enter into a new agreement
authorizing the Overseas Private Investment Corporation to
carry out programs with respect to East Timor in order to
expand United States investment in East Timor, emphasizing
partnerships with local East Timorese enterprises.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and
Development Agency is authorized to carry out projects
in East Timor under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Trade and Development
Agency to carry out this subsection $1,000,000
for fiscal year 2003.
(B) Availability.--Amounts appropriated
pursuant to the authorization of appropriations
under subparagraph (A) are authorized to remain
available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the
United States should expand its activities in connection with
exports to East Timor to the extent such activities are
requested and to the extent there is a reasonable assurance of
repayment.
SEC. 635.\48\ GENERALIZED SYSTEM OF PREFERENCES.
As soon as possible after the enactment of this Act, the
United States Trade Representative and the Commissioner of
Customs should send an assessment team to East Timor to compile
a list of duty-free eligible products so that the Government of
East Timor can begin the process of applying for General System
of Preference benefits.
SEC. 636.\48\ AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors should broadcast to
East Timor in an appropriate language or languages.
SEC. 637.\48\ SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Study and Report.--
(1) Study.--The President shall conduct a study to
determine--
(A) the extent to which East Timor's security
needs can be met by the transfer of excess
defense articles under section 516 of the
Foreign Assistance Act of 1961;
(B) the extent to which international
military education and training (IMET)
assistance will enhance professionalism of the
armed forces of East Timor, provide training in
human rights, and promote respect for human
rights and humanitarian law; and
(C) the terms and conditions under which such
defense articles or training, as appropriate,
should be provided.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
report that contains the findings of the study
conducted under paragraph (1).
(b) Authorization of Assistance.--
(1) In general.--Beginning on the date on which
Congress receives the report transmitted under
subsection (a)(2), or the date on which Congress
receives the certification transmitted under paragraph
(2), whichever occurs later, the President is
authorized--
(A) to transfer excess defense articles under
section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) to East Timor in
accordance with such section; and
(B) to provide military education and
training under chapter 5 of part II of such Act
(22 U.S.C. 2347 et seq.) for the armed forces
of East Timor in accordance with such chapter.
(2) Certification.--A certification described in this
paragraph is a certification that--
(A) East Timor has established an independent
armed forces; and
(B) the assistance proposed to be provided
pursuant to paragraph (1)--
(i) is in the national security
interests of the United States; and
(ii) will promote both human rights
in East Timor and the
professionalization of the armed forces
of East Timor.
SEC. 638.\48\ REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 12 months thereafter for the
next five years, the Secretary shall prepare and transmit to
the appropriate congressional committees a report that contains
the information described in subsection (b).
(b) Information.--The report required by subsection (a)
shall include--
(1) developments in East Timor's political and
economic situation in the period covered by the report,
including an evaluation of any elections which have
occurred in East Timor and the refugee reintegration
process in East Timor;
(2) in the initial report, a 3-year plan for United
States foreign assistance to East Timor in accordance
with section 632, prepared by the Administrator of the
United States Agency for International Development,
which outlines the goals for United States foreign
assistance to East Timor during the 3-year period;
(3) a description of the activities undertaken in
East Timor by the International Bank for Reconstruction
and Development, the Asian Development Bank, and other
international financial institutions, and an evaluation
of the effectiveness of these activities;
(4) an assessment of the status of United States
trade and investment relations with East Timor,
including a detailed analysis of any trade and
investment-related activity supported by the Overseas
Private Investment Corporation, the Export-Import Bank
of the United States, or the Trade and Development
Agency during the period of time since the previous
report;
(5) a comprehensive study and report on local
agriculture in East Timor, emerging opportunities for
producing, processing, and exporting indigenous
agricultural products, and recommendations for
appropriate technical assistance from the United
States; and
(6) statistical data drawn from other sources on
economic growth, health, education, and distribution of
resources in East Timor.
Subtitle D--Clean Water for the Americas Partnership
SEC. 641.\49\ SHORT TITLE.
This subtitle may be cited as the ``Clean Water for the
Americas Partnership Act of 2002''.
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\49\ 22 U.S.C. 2151p note.
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SEC. 642.\49\ DEFINITIONS.
In this subtitle:
(1) Joint project.--The term ``joint project'' means
a project between a United States association or
nonprofit entity and a Latin American or Caribbean
association or nongovernmental organization.
(2) Latin american or caribbean nongovernmental
organization.--The term ``Latin American or Caribbean
nongovernmental organization'' includes any institution
of higher education, any private nonprofit entity
involved in international education activities, or any
research institute or other research organization,
based in the region.
(3) Region.--The term ``region'' refers to the region
comprised of the member countries of the Organization
of American States (other than the United States and
Canada).
(4) United states association.--The term ``United
States association'' means a business league described
in section 501(c)(6) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(6)), and exempt from taxation
under section 501(a) of such Code (26 U.S.C. 501(a)).
(5) United states nonprofit entity.--The term
``United States nonprofit entity'' includes any
institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), any private nonprofit entity involved in
international education activities, or any research
institute or other research organization, based in the
United States.
SEC. 643.\49\ ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which
shall be known as the ``Clean Water for the Americas
Partnership''.
SEC. 644.\49\ ENVIRONMENTAL ASSESSMENT.
The President is authorized to conduct a comprehensive
assessment of the environmental problems in the region to
determine--
(1) which environmental problems threaten human
health the most, particularly the health of the urban
poor;
(2) which environmental problems are most
threatening, in the long-term, to the region's natural
resources;
(3) which countries have the most pressing
environmental problems; and
(4) whether and to what extent there is a market for
United States environmental technology, practices,
knowledge, and innovations in the region.
SEC. 645.\49\ ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
(a) Authority To Establish.--The President, acting through
the Director General of the United States and Foreign
Commercial Service of the Department of Commerce, is authorized
to establish Technology America Centers (TEAMs) in the region
to serve the entire region and, where appropriate, to establish
TEAMs in urban areas of the region to focus on urban
environmental problems.
(b) Functions.--The TEAMs would link United States private
sector environmental technology firms with local partners, both
public and private, by providing logistic and information
support to United States firms seeking to find local partners
and opportunities for environmental projects. TEAMs should
emphasize assisting United States small businesses.
(c) Location.--In determining whether to locate a TEAM in a
country, the President, acting through the Director General of
the United States and Foreign Commercial Service of the
Department of Commerce, shall take into account the country's
need for logistic and informational support and the
opportunities presented for United States firms in the country.
A TEAM may be located in a country without regard to whether a
mission of the United States Agency for International
Development is established in that country.
SEC. 646.\49\ PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND
ENERGY EFFICIENCY.
Subject to the availability of appropriations, the
President is authorized to provide matching grants to United
States associations and United States nonprofit entities for
the purpose of promoting water quality, water treatment
systems, and energy efficiency in the region. The grants shall
be used to support joint projects, including professional
exchanges, academic fellowships, training programs in the
United States or in the region, cooperation in regulatory
review, development of training materials, the establishment
and development in the region of local chapters of the
associations or nonprofit entities, and the development of
online exchanges.
SEC. 647.\49\ GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED
SUBREGION.
(a) Grant Authority.--
(1) In general.--Subject to the availability of
appropriations, the Director of the Trade and
Development Agency is authorized to make grants for
prefeasibility studies for water projects in any
country within a single subregion or in a single
country designated under paragraph (2).
(2) Designation of subregion.--The Director of the
Trade and Development Agency shall designate in advance
a single subregion or a single country for purposes of
paragraph (1).
(b) Matching Requirement.--The Director of the Trade and
Development Agency may not make any grant under this section
unless there are made available non-Federal contributions in an
amount equal to not less than 25 percent of the amount of
Federal funds provided under the grant.
(c) Limitation Per Single Project.--With respect to any
single project, grant funds under this section shall be
available only for the prefeasibility portion of that project.
(d) Definitions.--In this section:
(1) Prefeasibility.--The term ``prefeasibility''
means, with respect to a project, not more than 25
percent of the design phase of the project.
(2) Subregion.--The term ``subregion'' means an area
within the region and includes areas such as Central
America, the Andean region, and the Southern cone.
SEC. 648.\49\ CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
(a) In General.--The President is authorized to establish a
Clean Water Technical Support Committee (in this section
referred to as the ``Committee'') to provide technical support
and training services for individual water projects.
(b) Composition.--The Committee shall consist of
international investors, lenders, water service providers,
suppliers, advisers, and others with a direct interest in
accelerating development of water projects in the region.
(c) Functions.--Members of the Committee shall act as field
advisers and may form specialized working groups to provide in-
country training and technical assistance, and shall serve as a
source of technical support to resolve barriers to project
development.
SEC. 649.\49\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President $10,000,000 for each of the fiscal years 2003,
2004, and 2005 to carry out this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until
expended.
SEC. 650.\49\ REPORT.
Eighteen months after the establishment of the program
pursuant to section 643, the President shall submit a report to
the appropriate congressional committees containing--
(1) an assessment of the progress made in carrying
out the program established under this subtitle; and
(2) any recommendations for the enactment of
legislation to make changes in the program established
under this subtitle.
SEC. 651.\49\ TERMINATION DATE.
(a) In General.--Except as provided in subsection (b), the
authorities of this subtitle shall terminate 3 years after the
date of establishment of the program described in section 643.
(b) Exception.--In lieu of the termination date specified
in subsection (a), the termination required by that subsection
shall take effect five years after the date of establishment of
the program described in section 643 if, prior to the
termination date specified in subsection (a), the President
determines and certifies to the appropriate congressional
committees that it would be in the national interest of the
United States to continue the program described in such section
643 for an additional 2-year period.
SEC. 652.\49\ EFFECTIVE DATE.
This subtitle shall take effect 90 days after the date of
enactment of this Act.
Subtitle E--Freedom Investment Act of 2002
SEC. 661.\50\ SHORT TITLE.
This subtitle may be cited as the ``Freedom Investment Act
of 2002''.
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\50\ 22 U.S.C. 2151 note.
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SEC. 662.\51\ PURPOSES.
The purposes of this subtitle are the following:
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\51\ 22 U.S.C. 2151n-2 note.
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(1) To underscore that promoting and protecting human
rights is in the national interests of the United
States and is consistent with American values and
beliefs.
(2) To establish a goal of devoting one percent of
the funds available to the Department under
``Diplomatic and Consular Programs'', other than such
funds that will be made available for worldwide
security upgrades and information resource management,
to enhance the ability of the United States to promote
respect for human rights and the protection of human
rights defenders.
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.
(a) Increasing Resources and Importance of Human Rights.--
It is the sense of Congress that--
(1) the budget for the Bureau of Democracy, Human
Rights, and Labor for fiscal years 2003 and 2004 should
be substantially increased so that beginning in fiscal
year 2005, and each fiscal year thereafter, not less
than 1 percent of the amounts made available to the
Department under the heading ``Diplomatic and Consular
Programs'', other than amounts made available for
worldwide security upgrades and information resource
management, should be made available for salaries and
expenses of the Bureau of Democracy, Human Rights, and
Labor; and
(2) any assignment of an individual to a political
officer position at a United States mission abroad that
has the primary responsibility for monitoring human
rights developments in a foreign country should be made
upon the recommendation of the Assistant Secretary of
State for Democracy, Human Rights, and Labor in
conjunction with the head of the Department's regional
bureau having primary responsibility for that country.
(b) Plan Related to Human Rights Activities.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a report containing a plan for the Department
designed to achieve the following objectives:
(1) Improving the integration of human rights policy
into the Department's overall policy formulation and
implementation.
(2) Achieving closer communication and policy
coordination between the Bureau of Democracy, Human
Rights, and Labor and the regional bureaus of the
Department, both within the United States and at
overseas posts.
(3) Assigning individuals recommended by the Bureau
of Democracy, Human Rights, and Labor, in conjunction
with the relevant Department regional bureau, to
political officer positions at United States missions
abroad that have the primary responsibility for
monitoring human rights developments in foreign
countries.
SEC. 664.\52\ HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human
Rights and Democracy Fund (in this section referred to as the
``Fund'') to be administered by the Assistant Secretary of
State for Democracy, Human Rights, and Labor.
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\52\ 22 U.S.C. 2151n-2.
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(b) Purposes of Fund.--The purposes of the Fund shall be--
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy,
including the support for nongovernmental organizations
in foreign countries; and
(5) to carry out such other related activities as are
consistent with paragraphs (1) through (4).
(c) Funding.--
(1) In general.--Of the amounts made available to
carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 for fiscal year 2003,
$21,500,000 is authorized to be available to the Fund
for carrying out the purposes described in subsection
(b). Amounts made available to the Fund under this
paragraph shall also be deemed to have been made
available under section 116(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(e)).
(2) Allocation of funds for the documentation center
of cambodia.--Of the amount authorized to be available
to the Fund under paragraph (1) for fiscal year 2003,
$1,000,000 is authorized to be available for the
Documentation Center of Cambodia for the purpose of
collecting, cataloguing, and disseminating information
about the atrocities committed by the Khmer Rouge
against the Cambodian people.
(3) Father john kaiser memorial fund.--Of the amount
authorized to be available to the Fund under paragraph
(1) for fiscal year 2003, $500,000 is authorized to be
available to advance the extraordinary work and values
of Father John Kaiser with respect to solving ethnic
conflict and promoting government accountability and
respect for human rights. The amount made available
under this paragraph may be referred to as the ``Father
John Kaiser Memorial Fund''.
SEC. 665.\53\ REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO
ENCOURAGE RESPECT FOR HUMAN RIGHTS.
(a) Section 116 Report.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--* * *
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\53\ For text of the Foreign Assistance Act of 1961, as amended,
see Legislation on Foreign Relations Through 2005, vol. I-A.
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(b) Section 502B Report.--Section 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended * * *
(c) \54\ Separate Report.--The information to be included
in the report required by sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 pursuant to the amendments made
by subsections (a) and (b) may be submitted by the Secretary as
a separate report. If the Secretary elects to submit such
information as a separate report, such report shall be
submitted not later than 30 days after the date of submission
of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.
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\54\ 22 U.S.C. 2151n note.
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Subtitle F--Elimination and Streamlining of Reporting Requirements
SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
The following provisions of law are hereby repealed:
(1) Economic policy and trade practices.--Section
2202 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4711).
(2) Annual reports on economic and social growth.--
Section 574 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1996 (22 U.S.C. 2394 note).
(3) Reporting requirements regarding certain leases
of real property.--Section 488(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291g(3); relating to
reporting requirements regarding certain leases of real
property).
(4) Reporting requirements regarding placement of
senior foreign service personnel.--Section 324 of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(section 324 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-437).
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) \55\ Conversion of annual reports to biennial
reports.--Section 133(d) of the Foreign Assistance Act of 1961
(22 U.S.C. 2152c(d)) is amended--* * *
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\55\ For sec. 133(d) of the Foreign Assistance Act of 1961, as
amended, see Legislation on Foreign Relations Through 2005, vol. I-A.
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(b) \56\ Transition.--The first biennial report under
section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2152c(d)), as amended by subsection (a), is required to be
submitted not later than two years after the date of submission
of the last annual report required under such section 133 (as
in effect before the date of enactment of this Act).
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\56\ 22 U.S.C. 2152c note.
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Subtitle G--Other Matters
SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) Violations of Religious Freedom.--Section 102(b)(1)(B)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)(B)) is amended * * *
(b) Establishment of Staggered Terms of Members of
Commission.--Section 201(c) of such Act (22 U.S.C. 6431(c)) is
amended * * *
(c) Election of Chair of Commission.--Section 201(d) of
such Act (22 U.S.C. 6431(d)) is amended * * *
(d) Vacancies.--Section 201(g) of such Act (22 U.S.C.
6431(g)) is amended * * *
(e) Authorizations of Appropriations.--Section 207(a) of
such Act (22 U.S.C. 6435(a)) is amended * * *
(f) Procurement of Nongovernmental Services.--The third
sentence of section 208(c)(1) of such Act (22 U.S.C.
6435a(c)(1)) is amended * * *
(g) Revised Termination Date of Commission.--Section 209 of
the International Religious Freedom Act of 1998 (22 U.S.C.
6436) is amended * * *
SEC. 682. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND VIOLENCE
PROTECTION ACT OF 2000.
(a) Assistance for Victims in Other Countries.--Section
107(a)(1) of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7105(a)(1)) is amended * * *
(b) Authorization of Appropriations.--Section 113 of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7110) is amended--* * *
SEC. 683.\57\ ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOLDIERS.
(a) Countries Receiving Economic Assistance.--Section
116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)), as amended by section 665(a) of this Act, is further
amended--* * *
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\57\ For the Foreign Assistance Act of 1961, as amended, see
Legislation on Foreign Relations Through 2005, vol. I-A.
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(b) Countries Receiving Security Assistance.--Section
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(b)) is amended * * *
SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL.
Section 814(i) of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (Public Law 99-93) is amended * * *
SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTERNATIONAL LAW
ENFORCEMENT.
The Secretary shall ensure, where practicable, that
appropriate government officials from countries in the South
Asia region shall be eligible to attend courses at the
International Law Enforcement Academy located in Bangkok,
Thailand, and Budapest, Hungary, consistent with other
provisions of law, with the goal of enhancing regional
cooperation in the fight against transnational crime.
SEC. 686. PAYMENT OF ANTI-TERRORISM JUDGMENTS.
Section 2002(a)(2)(A)(ii) of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386; 114 Stat.
1542)) is amended * * *
SEC. 687.\58\ REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN
PROCUREMENT CONTRACTS OF USAID.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the designated congressional committees a report that contains
the following:
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\58\ 22 U.S.C. 2352 note.
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(1) For each of the fiscal years 2000, 2001, and
2002:
(A) The total number of the contracts that
were awarded by the Agency to--
(i) all small businesses;
(ii) small business concerns owned
and controlled by socially and
economically disadvantaged individuals;
(iii) small business concerns owned
and controlled by women;
(iv) small businesses participating
in the program under section 8(a) of
such Act (15 U.S.C. 637(a)); and
(v) qualified HUBZone small business
concerns.
(B) The percentage of all contracts awarded
by the Agency that were awarded to the small
businesses in each category of small businesses
specified in clauses (i) through (v) of
subparagraph (A), as computed on the basis of
dollar amounts.
(C) Of all contracts awarded by the Agency
for performance in the United States, the
percentage of the contracts that were awarded
to the small businesses in each category of
small businesses specified in clauses (i)
through (v) of subparagraph (A), as computed on
the basis of dollar amounts.
(D) To the extent available--
(i) the total number of grant and
cooperative agreements that were made
by the Agency to the small businesses
in each category of small businesses
specified in clauses (i) through (v) of
subparagraph (A);
(ii) the percentage of all grant and
cooperative agreements awarded by the
Agency that were awarded to small
businesses in each category of small
businesses specified in clauses (i)
through (v) of subparagraph (A), as
computed on the basis of dollar
amounts; and
(iii) of all grant and cooperative
agreements made by the Agency to
entities in the United States, the
percentage of the grant and cooperative
agreements that were awarded to small
businesses in each category of small
businesses specified in clauses (i)
through (v) of subparagraph (A), as
computed on the basis of dollar
amounts.
(E) To the extent available--
(i) the total dollar amount of all
subcontracts entered into with the
small businesses in each category
specified in clauses (i) through (v) of
subparagraph (A) by the prime
contractors for contracts entered into
by the Agency; and
(ii) the percentage of all contracts
entered into by the Agency that were
performed under subcontracts described
in clause (i), as computed on the basis
of dollar amounts.
(2) An analysis of any specific industries or sectors
that are underrepresented by small businesses in the
awarding of contracts by the Agency and, to the extent
such information is available, such analysis pertaining
to the making of grants and cooperative agreements by
the Agency.
(3) A specific plan of outreach, including measurable
achievement milestones, to increase the total number of
contracts that are awarded by the Agency, and the
percentage of all contracts awarded by the Agency
(computed on the basis of dollar amount) that are
awarded, to--
(A) all small businesses;
(B) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
(C) small business concerns owned and
controlled by women;
(D) small businesses participating in the
program under section 8(a) of such Act (15
U.S.C. 637(a)); and
(E) qualified HUBZone small business
concerns,
in order to meet the statutory and voluntary targets
established by the Agency and the Small Business
Administration, with a particular focus on the
industries or sectors identified in paragraph (2).
(4) Any other information the Administrator
determines appropriate.
(b) Plan To Increase Small Business Contracting.--The plan
required for the report under subsection (a)(3) shall include
the following matters:
(1) Proposals and milestones that apply to all
contracts entered into by or on behalf of the Agency in
Washington, D.C., and proposals and milestones that
apply to all contracts entered into by or on behalf of
the Agency by offices outside Washington, D.C.
(2) Proposals and milestones of the Agency to
increase the amount of subcontracting to businesses
described in such subsection (a)(3) by the prime
contractors of the Agency.
(3) With the milestones described in paragraph (2), a
description of how the Administrator plans to use the
failure of a prime contractor to meet goals as a
ranking factor for evaluating any other submission from
the contractor for future contracts by the Agency.
(c) Annual Reports.--Not later than January 31, 2004,
January 31, 2005, and January 31, 2006, the Administrator shall
submit to the designated congressional committees a report for
the preceding fiscal year that contains a description of the
percentage of total contract and grant and cooperative
agreement dollar amounts that were entered into by the Agency,
and the total number of contracts and grants and cooperative
agreements that were awarded by the Agency, to small businesses
in each category specified in clauses (i) through (v) of
subsection (a)(1)(A) during such fiscal year. The report for a
fiscal year shall include, separately stated for contracts and
grant and cooperative agreements entered into by the Agency,
the percentage of the contracts and grant and cooperative
agreements, respectively, that were awarded to small businesses
in each such category, as computed on the basis of dollar
amounts. The report shall also include a description of
achievements toward measurable milestones for direct contracts
of the Agency entered into by offices outside of Washington,
D.C., and for subcontracting by prime contractors of the
Agency.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the United States Agency for
International Development.
(2) Agency.--The term ``Agency'' means the United
States Agency for International Development.
(3) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Small Business of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Small Business of the Senate.
SEC. 688.\59\ PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND PRACTICES IN
LATIN AMERICAN COUNTRIES.
(a) In General.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized, under such terms and conditions as
the President may determine, to carry out a program to improve
building construction codes and practices in Ecuador, El
Salvador, and other Latin American countries (in this section
referred to as the ``program'').
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\59\ 22 U.S.C. 2152e.
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(b) Program Description.--
(1) In general.--The program shall be in the form of
grants to, or contracts with, organizations described
in paragraph (2) to support the following activities:
(A) Training.--Training of appropriate
professionals in Latin America from both the
public and private sectors to enhance their
understanding of building and housing codes and
standards.
(B) Translation and distribution.--
Translating and distributing in the region
detailed construction manuals, model building
codes, and publications from organizations
described in paragraph (2), including materials
that address zoning, egress, fire and life
safety, plumbing, sewage, sanitation,
electrical installation, mechanical
installation, structural engineering, and
seismic design.
(C) Other assistance.--Offering other
relevant assistance as needed, such as helping
government officials develop seismic micro-
zonation maps or draft pertinent legislation,
to implement building codes and practices that
will help improve the resistance of buildings
and housing in the region to seismic activity
and other natural disasters.
(2) Covered organizations.--Grants and contracts
provided under this section shall be carried out
through United States organizations with expertise in
the areas described in paragraph (1), including the
American Society of Testing Materials, the Underwriters
Laboratories, the American Society of Mechanical
Engineers, the American Society of Civil Engineers, the
American Society of Heating, Refrigeration, and Air
Conditioning Engineers, the International Association
of Plumbing and Mechanical Officials, the International
Code Council, and the National Fire Protection
Association.
SEC. 689. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of the Congress that the President should
direct the Secretary and the United States Representative to
the United Nations to urge the United Nations to adopt an HIV/
AIDS mitigation strategy as a component of United Nations
peacekeeping operations.
SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) It is the mission of the International Red Cross
and Red Crescent Movement to prevent and alleviate
human suffering wherever it may be found, without
discrimination.
(2) The International Red Cross and Red Crescent
Movement is a worldwide institution in which all
national Red Cross and Red Crescent societies have
equal status.
(3) The Magen David Adom Society is the national
humanitarian society in the State of Israel.
(4) Since 1949 the Magen David Adom Society has been
refused admission into the International Red Cross and
Red Crescent Movement and has been relegated to
observer status without a vote because it has used the
Red Shield of David, the only such national
organization denied membership in the Movement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the International Committee of the Red Cross
should immediately recognize the Magen David Adom
Society;
(2) the Federation of Red Cross and Red Crescent
Societies should grant full membership to the Magen
David Adom Society immediately following recognition by
the International Committee of the Red Cross of the
Magen David Adom Society as a full member of the
International Committee of the Red Cross;
(3) the Red Shield of David should be accorded the
same protections under international law as the Red
Cross and the Red Crescent; and
(4) the United States should continue to press for
full membership for the Magen David Adom Society in the
International Red Cross Movement.
SEC. 691. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE CORPS
OFFICES ABROAD.
It is the sense of the Congress that, to the degree
permitted by security considerations, the Secretary should give
favorable consideration to requests by the Director of the
Peace Corps that the Secretary exercise his authority under
section 606(a)(2)(B) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to waive
certain requirements of that Act in order to permit the Peace
Corps to maintain offices in foreign countries at locations
separate from the United States embassy.
SEC. 692. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE TAIWAN STRAIT
ISSUE.
It is the sense of the Congress that Taiwan is a mature
democracy that fully respects human rights and it is the policy
of the United States that any resolution of the Taiwan Strait
issue must be peaceful and include the assent of the people of
Taiwan.
SEC. 693. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT
THE AMERICAN INSTITUTE IN TAIWAN.
It is the sense of the Congress that the American Institute
in Taiwan and the residence of the director of the American
Institute in Taiwan should publicly display the flag of the
United States in the same manner as United States embassies,
consulates, and official residences throughout the world.
SEC. 694.\60\ REPORTS ON ACTIVITIES IN COLOMBIA.
(a) Report on Reform Activities.--
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\60\ 22 U.S.C. 2291 note.
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(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and not later than
April 1 of each year thereafter, the Secretary shall
submit to the appropriate congressional committees a
report on the status of activities funded or
authorized, in whole or in part, by the Department or
the Department of Defense in Colombia to promote
alternative development, recovery and resettlement of
internally displaced persons, judicial reform, the
peace process, and human rights.
(2) Contents.--Each such report shall contain the
following:
(A) A summary of activities described in
paragraph (1) during the previous 12-month
period.
(B) An estimated timetable for the conduct of
such activities in the subsequent 12-month
period.
(C) An explanation of any delay in meeting
timetables contained in the previous report
submitted in accordance with this subsection.
(D) An assessment of steps to be taken to
correct any delays in meeting such timetables.
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.--It is the policy of the
United States to encourage the transfer of
counternarcotics activities carried out in Colombia by
United States businesses that have entered into
agreements with the Department or the Department of
Defense to conduct such activities, to Colombian
nationals, in particular personnel of the Colombian
antinarcotics police, when properly qualified personnel
are available.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, and not later than April
1 of each year thereafter, the Secretary shall submit
to the appropriate congressional committees a report on
the activities of United States businesses that have
entered into agreements in the previous 12-month period
with the Department or the Department of Defense to
carry out counternarcotics activities in Colombia.
(3) Contents.--Each such report shall contain the
following:
(A) The name of each United States business
described in paragraph (2) and description of
the counternarcotics activities carried out by
the business in Colombia.
(B) The total value of all payments by the
Department and the Department of Defense to
each such business for such activities.
(C) A written statement justifying the
decision by the Department and the Department
of Defense to enter into an agreement with each
such business for such activities.
(D) An assessment of the risks to personal
safety and potential involvement in hostilities
incurred by employees of each such business as
a result of their activities in Colombia.
(E) A plan to provide for the transfer of the
counternarcotics activities carried out by such
United States businesses to Colombian
nationals, in particular personnel of the
Colombian antinarcotics police.
(4) Definition.--In this subsection, the term
``United States business'' means any person (including
any corporation, partnership, or other organization)
that is subject to the jurisdiction of the United
States or organized under the laws of the United
States, but does not include any person (including any
corporation, partnership, or other organization) that
performs contracts involving personal services.
SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN COLOMBIA.
(a) Findings.--Congress makes the following findings:
(1) Heroin originating from Colombia is beginning to
dominate the illicit market of that narcotic in the
United States partly because law enforcement has
struggled to interdict effectively what is often
voluminous importations of small quantities of
Colombia's inexpensive and pure heroin.
(2) Destruction of opium, from which heroin is
derived, at its source in Colombia is traditionally one
of the best strategies to combat the heroin crisis in
the United States, according to Federal law enforcement
officials.
(3) There is a growing alarm concerning the spillover
effect of Plan Colombia on Ecuador, a frontline state.
The northern region of Ecuador, including the Sucumbios
province, is an area of particular concern.
(4) As a result of Plan Colombia-related activities,
drug traffickers, guerrillas, and paramilitary groups
have made incursions from Colombia into Ecuador,
increasing the level of violence and delinquency in the
border region.
(b) Report to Congress.--Not later than 150 days after the
date of enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees which sets
forth a statement of policy and comprehensive strategy for
United States activities in Colombia related to--
(1) the eradication of all opium cultivation at its
source in Colombia; and
(2) the impact of Plan Colombia on Ecuador and the
other adjacent countries to Colombia.
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.
Not later than May 1, 2003, the Secretary shall submit a
report to the appropriate congressional committees on
extradition practice between the United States and governments
of foreign countries with which the United States has an
extradition relationship. The report shall include--
(1) an aggregate list, by country, of--
(A) the number of extradition requests made
by the United States to that country in 2002;
and
(B) the number of fugitives extradited by
that country to the United States in 2002;
(2) an aggregate list, by country, of--
(A) the number of extradition requests made
by that country to the United States in 2002;
and
(B) the number of fugitives extradited by the
United States to that country in 2002;
(3) any other relevant information regarding
difficulties the United States has experienced in
obtaining the extradition of fugitives (including a
discussion of the unwillingness of treaty partners to
extradite nationals or where fugitives may face capital
punishment or life imprisonment); and
(4) a summary of the Department's efforts in 2002 to
negotiate new or revised extradition treaties, and its
agenda for such negotiations in 2003.
SEC. 697. SPECIAL COURT FOR SIERRA LEONE.
(a) Finding.--Congress finds that prompt establishment of a
Special Court for Sierra Leone is an important step in
restoring a credible system of justice and accountability for
the crimes committed in Sierra Leone and would contribute to
the process of national reconciliation in that country.
(b) Sense of Congress.--It is the sense of Congress that
the United States should support the Truth and Reconciliation
Commission in Sierra Leone, including through assistance in the
collection of human rights data relevant to the Commission's
work.
(c) Allocation of Funds.--Of the amounts made available to
the Department of State for fiscal year 2003, there is
authorized to be available $5,000,000 to support the Special
Court for Sierra Leone.
(d) Extension of Rewards Program.--Section 102 of Public
Law 105-323, as amended (22 U.S.C. 2708 note), is further
amended--* * *
SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN.
There should continue to be a United States Envoy for Peace
in Sudan until the full implementation of a comprehensive
settlement to the conflict in Sudan that is acceptable to the
parties to the conflict.
SEC. 699.\61\ TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN
THE WEST BANK AND GAZA.
(a) Determination Regarding Transfers.--If the President
determines, based on a preponderance of the evidence, that a
foreign person or entity has knowingly transferred proscribed
weapons to Palestinian entities in the West Bank or Gaza, then,
for the period specified in subsection (b), no assistance may
be provided to the person or entity under part II of the
Foreign Assistance Act of 1961 and no sales of defense articles
or defense services may be made to the person or entity under
section 23 of the Arms Export Control Act.
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\61\ 22 U.S.C. 2301 note.
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(b) Duration of Prohibition.--The period referred to in
subsection (a) is the period commencing on the date on which a
notification of a determination under subsection (a) is
submitted to the appropriate congressional committees and
ending on the date that is two years after such date.
(c) Report.--In conjunction with the report required under
title VIII of the P.L.O. Commitments Compliance Act of 1989
(Public Law 101-246), the President shall submit a report to
the appropriate congressional committees on transfers reviewed
pursuant to subsection (a).
(d) Definition.--In this section, the term ``proscribed
weapons'' means arms, ammunition, and equipment the transfer of
which is not in compliance with the Agreement on the Gaza Strip
and the Jericho Area of May 4, 1994, its annexes, or subsequent
agreements between Israel and the PLO, or Palestinian
Authority, as appropriate.
SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--Congress finds that--
(1) beginning in 1993, naturally occurring inorganic
arsenic contamination of water began to be confirmed in
Bangladesh in tube-wells installed in the 1970s, when
standard water testing did not include arsenic tests;
(2) because health effects of ingesting arsenic-
contaminated drinking water appear slowly, preventative
measures are critical to preventing future
contamination in the Bangladeshi population; and
(3) health effects of exposure to arsenic include
skin lesions, skin cancer, and mortality from internal
cancers.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary should--
(1) work with appropriate United States Government
agencies, national laboratories, universities in the
United States, the Government of Bangladesh,
international financial institutions and organizations,
and international donors to identify a long-term
solution to the arsenic-contaminated drinking water
problem in Bangladesh, including drawing arsenic out of
the existing tube-wells and finding alternate sources
of water; and
(2) submit a report to the appropriate congressional
committees on proposals to bring about arsenic-free
drinking water to Bangladeshis and to facilitate
treatment for those who have already been affected by
arsenic-contaminated drinking water in Bangladesh.
SEC. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRELAND.
(a) Congressional Statement of Policy.--Congress--
(1) supports independent judicial public inquiries
into the murders of defense attorneys Patrick Finucane
and Rosemary Nelson as a way to instill confidence in
the Police Service of Northern Ireland; and
(2) continues to urge the United Kingdom to take
appropriate action to protect defense lawyers and human
rights defenders in Northern Ireland.
(b) Decommissioning Weapons.--Congress--
(1) calls on the Irish Republican Army to continue
and complete the decommissioning of all their arms and
explosives; and
(2) calls for--
(A) the decommissioning of all weapons held
by paramilitaries on all sides, such as the
Provisional Irish Republican Army (PIRA), the
Real Irish Republican Army (RIRA), the
Continuity Irish Republican Army (CIRA), the
Loyalist Volunteer Force (LVF), the Orange
Volunteers (OV), the Red Hand Defenders (RHD),
the Ulster Defense Association/Ulster Freedom
Fighters (UDA/UFF), the Ulster Volunteer Force
(UVF); and
(B) the immediate cessation of paramilitary
punishment attacks and exiling.
(c) Support for Global War on Terrorism.--Congress
recognizes the United Kingdom's commitment to support the
United States in a global war on terrorism.
(d) Report on Policing Reform and Human Rights in Northern
Ireland.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit a report to
the appropriate congressional committees on the following:
(1) The extent to which the Governments of the United
Kingdom and Ireland have implemented the
recommendations relating to the 175 policing reforms
contained in the Patten Commission report issued on
September 9, 1999, including a description of the
progress of the integration of human rights, as well as
recruitment procedures aimed at increasing Catholic
representation, including the effectiveness of such
procedures, in the new Police Service of Northern
Ireland.
(2) The status of the investigations into the murders
of Patrick Finucane, Rosemary Nelson, and Robert
Hammill, including the extent to which progress has
been made on recommendations for independent judicial
public inquiries into these murders.
(3) All decommissioning acts taken to date by the
Irish Republican Army, including the quantity and
precise character of what the IRA decommissioned, as
reported and verified by the International Commission
on Decommissioning.
(4) All acts of decommissioning taken by other
paramilitary organizations, including a description of
all weapons and explosives decommissioned.
(5) A description of the measures taken to ensure
that the programs described under subsection (e) comply
with the requirements of that subsection.
(e) Compliance With Prior Provisions.--Any training or
exchange program conducted by the Federal Bureau of
Investigation or any other Federal law enforcement agency for
the Police Service of Northern Ireland or its members shall--
(1) be necessary to improve the professionalism of
policing in Northern Ireland;
(2) be necessary to advance the peace process in
Northern Ireland;
(3) include in the curriculum a significant human
rights component; and
(4) only be provided to Police Service of Northern
Ireland (PSNI) members who have been subject to a
vetting procedure established by the Department and the
Department of Justice to ensure that such program does
not include PSNI members who there are substantial
ground 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.
SEC. 702.\62\ ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS
DIALOGUE MEETINGS.
Not later than December 31 of each year or 60 days after
the second United States-Vietnam human rights dialogue meeting
held in a calendar year, whichever is earlier, the Secretary
shall submit to the appropriate congressional committees a
report covering the issues discussed at the previous two
meetings and describing to what extent the Government of
Vietnam has made progress during the calendar year toward
achieving the following objectives:
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\62\ 22 U.S.C. 2151n note.
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(1) Improving the Government of Vietnam's commercial
and criminal codes to bring them into conformity with
international standards, including the repeal of the
Government of Vietnam's administrative detention decree
(Directive 31/CP).
(2) Releasing political and religious activists who
have been imprisoned or otherwise detained by the
Government of Vietnam, and ceasing surveillance and
harassment of those who have been released.
(3) Ending official restrictions on religious
activity, including implementing the recommendations of
the United Nations Special Rapporteur on Religious
Intolerance.
(4) Promoting freedom for the press, including
freedom of movement of members of the Vietnamese and
foreign press.
(5) Improving prison conditions and providing
transparency in the penal system of Vietnam, including
implementing the recommendations of the United Nations
Working Group on Arbitrary Detention.
(6) Respecting the basic rights of indigenous
minority groups, especially in the central and northern
highlands of Vietnam.
(7) Respecting the basic rights of workers, including
working with the International Labor Organization to
improve mechanisms for promoting such rights.
(8) Cooperating with requests by the United States to
obtain full and free access to persons who may be
eligible for admission to the United States as refugees
or immigrants, and allowing such persons to leave
Vietnam without being subjected to extortion or other
corrupt practices.
SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN
INDONESIA.
It is the sense of Congress that the Government of
Indonesia should--
(1) demonstrate substantial progress toward ending
human rights violations by the armed forces in
Indonesia (TNI);
(2) terminate any TNI support for and cooperation
with terrorist organizations, including Laskar Jihad
and militias operating in the Malukus, Central
Sulawesi, West Papua (Irian Jaya), and elsewhere;
(3) investigate and prosecute those responsible for
human rights violations, including TNI officials,
members of Laskar Jihad, militias, and other terrorist
organizations; and
(4) make concerted and demonstrable efforts to find
and prosecute those responsible for the murders of
Papuan leader Theys Elvay, Acehnse human rights
advocate Jafar Siddiq Hamzah, and United States
citizens Edwin L. Burgon and Ricky L. Spier.
SEC. 704. REPORT CONCERNING THE GERMAN FOUNDATION ``REMEMBRANCE,
RESPONSIBILITY, AND THE FUTURE''.
(a) Report Concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.--Not later than 180 days
after the date of the enactment of this Act, and every 180 days
thereafter until all funds made available to the German
Foundation have been disbursed, the Secretary shall report to
the appropriate congressional committees on the status of the
implementation of the Agreement and, to the extent possible, on
whether or not--
(1) during the 180-day period preceding the date of
the report, the German Bundestag has authorized the
allocation of funds to the Foundation, in accordance
with section 17 of the law on the creation of the
Foundation, enacted by the Federal Republic of Germany
on August 8, 2000;
(2) the entire sum of 10,000,000,000 deutsche marks
has been made available to the German Foundation in
accordance with Annex B to the Joint Statement of July
17, 2000;
(3) during the 180-day period preceding the date of
the report, any company or companies investigating a
claim, who are members of ICHEIC, were required to
provide to the claimant, within 90 days after receiving
the claim, a status report on the claim, or a decision
that included--
(A) an explanation of the decision, pursuant
to those standards of ICHEIC to be applied in
approving claims;
(B) all documents relevant to the claim that
were retrieved in the investigation; and
(C) an explanation of the procedures for
appeal of the decision;
(4) during the 180-day period preceding the date of
the report, any entity that elected to determine claims
under Article 1(4) of the Agreement was required to
comply with the standards of proof, criteria for
publishing policyholder names, valuation standards,
auditing requirements, and decisions of the Chairman of
ICHEIC;
(5) during the 180-day period preceding the date of
the report, an independent process to appeal decisions
made by any entity that elected to determine claims
under Article 1(4) of the Agreement was available to
and accessible by any claimant wishing to appeal such a
decision, and the appellate body had the jurisdiction
and resources necessary to fully investigate each claim
on appeal and provide a timely response;
(6) an independent audit of compliance by every
entity that has elected to determine claims under
Article 1(4) of the Agreement has been conducted; and
(7) the administrative and operational expenses
incurred by the companies that are members of ICHEIC
are appropriate for the administration of claims
described in paragraph (3).
The Secretary's report shall include the Secretary's
justification for each determination under this subsection.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the resolution of slave and forced labor claims
is an urgent issue for aging Holocaust survivors, and
the German Bundestag should allocate funds for
disbursement by the German Foundation to Holocaust
survivors as soon as possible; and
(2) ICHEIC should work in consultation with the
Secretary in gathering the information required for the
report under subsection (a).
(c) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the
Agreement between the Government of the United States
of America and the Government of the Federal Republic
of Germany concerning the Foundation ``Remembrance,
Responsibility and the Future'', done at Berlin July
17, 2000.
(2) Annex b to the joint statement of july 17,
2000.--The term ``Annex B to the Joint Statement of
July 17, 2000'' means Annex B to the Joint Statement on
occasion of the final plenary meeting concluding
international talks on the preparation of the Federal
Foundation ``Remembrance, Responsibility and the
Future'', done at Berlin on July 17, 2000.
(3) German foundation.--The term ``German
Foundation'' means the Foundation ``Remembrance,
Responsibility and the Future'' referred to in the
Agreement.
(4) ICHEIC.--The term ``ICHEIC'' means the
International Commission on Holocaust Era Insurance
Claims referred to in Article 1(4) of the Agreement.
SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLOCAUST VICTIMS
TO THE ARTIST DINA BABBITT.
(a) Findings.--Congress finds that--
(1) Dina Babbitt (formerly known as Dinah
Gottliebova), a United States citizen has requested the
return of watercolor portraits she painted while
suffering a 1\1/2\-year-long internment at the
Auschwitz death camp during World War II;
(2) Dina Babbitt was ordered to paint the portraits
by the infamous war criminal Dr. Josef Mengele;
(3) Dina Babbitt's life, and her mother's life, were
spared only because she painted portraits of doomed
inmates of Auschwitz-Birkenau, under orders from Dr.
Josef Mengele;
(4) these paintings are currently in the possession
of the Auschwitz-Birkenau State Museum;
(5) Dina Babbitt is the rightful owner of the
artwork, since the paintings were produced by her own
talented hands as she endured the unspeakable
conditions that existed at the Auschwitz death camp;
(6) the artwork is not available for the public to
view at the Auschwitz-Birkenau State Museum and
therefore this unique and important body of work is
essentially lost to history; and
(7) this continued injustice can be righted through
cooperation between agencies of the United States and
Poland.
(b) Sense of Congress.--Congress--
(1) recognizes the moral right of Dina Babbitt to
obtain the artwork she created, and recognizes her
courage in the face of the evils perpetrated by the
Nazi command of the Auschwitz-Birkenau death camp,
including the atrocities committed by Dr. Josef
Mengele;
(2) urges the President to make all efforts necessary
to retrieve the 7 watercolor portraits Dina Babbitt
painted, while suffering a 1\1/2\-year-long internment
at the Auschwitz death camp, and return them to her;
(3) urges the Secretary to make immediate diplomatic
efforts to facilitate the transfer of the 7 original
watercolors painted by Dina Babbitt from the Auschwitz-
Birkenau State Museum to Dina Babbitt, their rightful
owner;
(4) urges the Government of Poland to immediately
facilitate the return to Dina Babbitt of the artwork
painted by her that is now in the possession of the
Auschwitz-Birkenau State Museum; and
(5) urges the officials of the Auschwitz-Birkenau
State Museum to transfer the 7 original paintings to
Dina Babbitt as expeditiously as possible.
SEC. 706.\63\ INTERNATIONAL DRUG CONTROL CERTIFICATION PROCEDURES.
During any fiscal year, funds that would otherwise be
withheld from obligation or expenditure under section 490 of
the Foreign Assistance Act of 1961 may be obligated or expended
beginning October 1 of such fiscal year provided that:
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\63\ 22 U.S.C. 2291j-1.
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(1) Report.--Not later than September 15 of the
previous fiscal year the President has submitted to the
appropriate congressional committees a report
identifying each country determined by the President to
be a major drug transit country or major illicit drug
producing country as defined in section 481(e) of the
Foreign Assistance Act of 1961.
(2) Designation and justification.--In each report
under paragraph (1), the President shall also--
(A) designate each country, if any,
identified in such report that has failed
demonstrably, during the previous 12 months, to
make substantial efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961;
and
(B) include a justification for each country
so designated.
(3) Limitation on assistance for designated
countries.--In the case of a country identified in a
report under paragraph (1) that is also designated
under paragraph (2) in the report, United States
assistance may be provided to such country in the
subsequent fiscal year only if the President determines
and reports to the appropriate congressional committees
that--
(A) provision of such assistance to the
country in such fiscal year is vital to the
national interests of the United States; or
(B) subsequent to the designation being made
under paragraph (2)(A), the country has made
substantial efforts--
(i) to adhere to its obligations
under international counternarcotics
agreements; and
(ii) to take the counternarcotics
measures set forth in section 489(a)(1)
of the Foreign Assistance Act of 1961.
(4) International counternarcotics agreement
defined.--In this section, the term ``international
counternarcotics agreement'' means--
(A) the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances; or
(B) any bilateral or multilateral agreement
in force between the United States and another
country or countries that addresses issues
relating to the control of illicit drugs, such
as--
(i) the production, distribution, and
interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal
organizations;
(iv) international legal cooperation
among courts, prosecutors, and law
enforcement agencies (including the
exchange of information and evidence);
(v) the extradition of nationals and
individuals involved in drug-related
criminal activity;
(vi) the temporary transfer for
prosecution of nationals and
individuals involved in drug-related
criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical
assistance,
and includes, where appropriate, timetables and
objective and measurable standards to assess the
progress made by participating countries with respect
to such issues.
(5) Application.--(A) Section 490 (a) through (h) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)-
(h)) shall not apply during any fiscal year with
respect to any country identified in the report
required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A) of
this section, the President may apply the procedures
set forth in section 490 (a) through (h) of the Foreign
Assistance Act of 1961 during any fiscal year with
respect to any country determined to be a major drug
transit country or major illicit drug producing country
as defined in section 481(e) of the Foreign Assistance
Act of 1961.
(6) Statutory construction.--Nothing in this section
supersedes or modifies the requirement in section
489(a) of the Foreign Assistance Act of 1961 (with
respect to the International Narcotics Control Strategy
Report) for the transmittal of a report not later than
March 1, each fiscal year under that section.
(7) Transition rule.--For funds obligated or expended
under this section in fiscal year 2003, the date for
submission of the report required by paragraph (1) of
this section shall be at least 15 days before funds are
obligated or expended.
(8) Effective date.--This section shall take effect
upon the date of enactment of this Act into law and
shall remain in effect thereafter unless Congress
enacts subsequent legislation repealing such section.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002 \64\
* * * * * * *
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\64\ For text of the Security Assistance Act of 2002, see
Legislation on Foreign Relations Through 2005, vol. I-B. Some
subdivision of this subdivision, relating to nonproliferation, are also
printed in vol. II-B, in the section devoted to arms control and
disarmament.
g. 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''.
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\1\ 22 U.S.C. 6901 note.
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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.
h. 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''.
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\1\ 22 U.S.C. 2656 note.
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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.
i. 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; as amended by Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
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............................................... 221
Sec. 2. Organization of act into divisions; table of contents..... 221
Sec. 3. Definitions............................................... 226
DIVISION A--DEPARTMENT OF STATE PROVISIONS
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 101. Administration of foreign affairs....................... 227
Sec. 102. International commissions............................... 231
Sec. 103. Migration and refugee assistance........................ 232
Sec. 104. United States informational, educational, and cultural
programs...................................................... 234
Sec. 105. Grants to the Asia Foundation........................... 237
Sec. 106. Contributions to international organizations............ 237
Sec. 107. Contributions for international peacekeeping activities. 239
Sec. 108. Voluntary contributions to international organizations.. 240
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations........................ 243
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Office of Children's Issues............................. 244
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.................... 245
Sec. 204. International expositions............................... 245
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........................ 247
Sec. 207. Revision of reporting requirement....................... 247
Sec. 208. Foreign language proficiency [amends other legislation]
Sec. 209. Continuation of reporting requirements.................. 247
Sec. 210. Joint funds under agreements for cooperation in
environmental, scientific, cultural and related areas......... 249
Sec. 211. Report on international extradition..................... 249
Subtitle B--Consular Authorities
Sec. 231. Machine readable visas [amends other legislation]
Sec. 232. Fees relating to affidavits of support.................. 250
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......... 251
Sec. 237. Processing of visa applications......................... 251
Sec. 238. Feasibility study on further passport restrictions on
individuals in arrears on child support....................... 252
Subtitle C--Refugees
Sec. 251. United States policy regarding the involuntary return of
refugees...................................................... 253
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................... 253
Sec. 255. Eligibility for refugee status.......................... 253
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organization Matters
Sec. 301. Legislative liaison offices of the Department of State.. 254
Sec. 302. State Department official for Northeastern Europe....... 255
Sec. 303. Science and Technology Adviser to the Secretary of State 255
Sec. 304. Application of certain laws to public diplomacy funds
[amends other legislation]
Sec. 305. Reform of the diplomatic telecommunications service
office........................................................ 256
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. 325. Report on management training........................... 257
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................................................ 258
Sec. 340. Study of compensation for survivors of terrorist attacks
overseas...................................................... 259
Sec. 341. Preservation of diversity in reorganization [amends
other legislation]
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS [see page 1462]
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
1704]
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 1151]
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............................. 260
Sec. 702. Authority of the International Boundary and Water
Commission to assist State and local governments.............. 260
Sec. 703. International Boundary and Water Commission............. 261
Sec. 704. Semiannual reports on United States support for
membership or participation of Taiwan in international
organizations................................................. 261
Sec. 705. Restriction relating to United States accession to the
International Criminal Court.................................. 261
Sec. 706. Prohibition on extradition or transfer of United States
citizens to the International Criminal Court.................. 262
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.... 263
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.......................................... 264
Sec. 802. Technical corrections................................... 264
Sec. 803. Reports with respect to a referendum on Western Sahara.. 264
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...................... 265
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............................................. 267
Sec. 822. Restrictions on nuclear cooperation with North Korea.... 267
Sec. 823. Definitions............................................. 268
Subtitle C--People's Republic of China
Sec. 871. Findings................................................ 268
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.................................... 269
Sec. 873. Prisoner information registry for the People's Republic
of China...................................................... 270
TITLE IX--ARREARS PAYMENTS AND REFORM [see vol. II-B]
Subtitle A--General Provisions
lSec. 901. Short title............................................ 270
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 vol. II-B]
Sec. 1001. Short title............................................ 270
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
vol. II-B]
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 vol. 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 vol. 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
vol. II-B]
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
vol. 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. 1501A-
38), 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. 1501A-
39), 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. 1501A-40), 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. 1501A-
40), 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. 1501A-
39), 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. 1501A-
41), 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. 1501A-40), 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
$15,467,000 for ``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. 1501A-
41), 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. 1501A-42), 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. 1501A-
43), 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. 1501A-
43), 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. 1501A-43), 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. 1501A-74):
---------------------------------------------------------------------------
``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. 1501A-39), 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).
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. 1501A-
44), 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. 1501A-
44), 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. 1501A-44), 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. 1501A-
43), 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. 1501A-
41), 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
further, 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. 1501A-
41), 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. 1501A-
44), 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. 1501A-
45), 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. 1501A-
44), 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.
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\29\ 42 U.S.C. 11608a.
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(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--* * *
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\30\ For amended text, see page 307.
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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.
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\31\ 22 U.S.C. 2452b.
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(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\
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\33\ For amended text, see Legislation on Foreign Relations Through
2005, 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 vol. II-B.
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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: * * *
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\35\ For amended text, see page 755.
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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\
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\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\
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\37\ For amended text, see page 305.
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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 306.
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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 308.
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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 vol. II-B.
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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 2005, 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 335.
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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.
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\43\ 8 U.S.C. 1183a note.
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(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. Such fees shall remain
available for obligation until expended.\44\
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\44\ Sec. 211(b) of the Department of State Authorization Act,
Fiscal Year 2003 (division A of Public Law 107-227; 116 Stat. 1365),
added this sentence and struck out subsec. (d), which had read as
follows:
``(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.''.
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SEC. 233.\45\ PASSPORT FEES. * * *
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\45\ Sec. 233 amended the Passport Act of June 4, 1920 (22 U.S.C.
214 and 216).
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SEC. 234.\46\ 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 * * * \47\
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\46\ 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 52.
\47\ For amended text, see page 52.
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SEC. 236.\48\ 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.
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\48\ 22 U.S.C. 213 note.
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(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.\49\ 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.
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\49\ 8 U.S.C. 1201 note.
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(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.\50\ 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.
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\50\ 22 U.S.C. 2601 note.
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(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 * * * \51\
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\51\ For amended text, see Legislation on Foreign Relations Through
2005, vol. I-A.
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SEC. 253.\52\ GUIDELINES FOR REFUGEE PROCESSING POSTS. * * *
SEC. 254.\53\ 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.
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\52\ Sec. 253 amended sec. 602(c) of the International Religious
Freedom Act of 1998 (Public Law 105-292); see page 1294.
\53\ 8 U.S.C. 1157 note.
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(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.\54\ 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.
---------------------------------------------------------------------------
\54\ 22 U.S.C. 2651a note.
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SEC. 303.\54\ 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--* * * \55\
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\55\ For amended text, see page 885.
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SEC. 305.\56\ 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.
---------------------------------------------------------------------------
\56\ 22 U.S.C. 2669a note.
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(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 \57\
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: * * * \58\
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\57\ Secs. 322, 323, and 326 through 333 amended the Foreign
Service Act of 1980. See beginning at page 706.
\58\ Sec. 321 added a new sec. 36A to the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708a). See page 43.
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* * * * * * *
SEC. 324.\59\ * * * [REPEALED--2002]
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.
---------------------------------------------------------------------------
\59\ Sec. 671(4) of the Department of State Authorization Act, 2003
(division A of Public Law 107-228; 116 Stat. 1407), repealed sec. 324,
which provided as follows:
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``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.''.
* * * * * * *
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: * * * \60\
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\60\ See 5 U.S.C. 8432c.
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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: * * * \61\
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\61\ See 5 U.S.C. 5922(f).
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SEC. 336. PARENTAL CHOICE IN EDUCATION.
Section 5924(4) of title 5, United States Code, is
amended--* * * \62\
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\62\ See 5 U.S.C. 5924(4).
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SEC. 337. MEDICAL EMERGENCY ASSISTANCE.
Section 5927 of title 5, United States Code, is amended to
read as follows: * * * \63\
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\63\ See 5 U.S.C. 5927.
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SEC. 338.\64\ 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.
---------------------------------------------------------------------------
\64\ 22 U.S.C. 2656 note.
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(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) \65\ Statutory Construction.--Nothing in the amendments
made by this section may be construed to modify--
---------------------------------------------------------------------------
\65\ 22 U.S.C. 3929 note.
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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.
(d) \65\ 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) \65\ 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 * * * \66\
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\66\ For amended text, see page 896.
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TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS \67\
* * * * * * *
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\67\ For titles IV and V, relating to U.S. informational,
educational, and cultural programs, and U.S. international broadcasting
activities, see beginning at page 1476.
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TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES \67\
TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES \68\
* * * * * * *
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\68\ Title VI, relating to embassy security and counterterrorism,
may be found beginning at page 1151.
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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.\69\ 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.
---------------------------------------------------------------------------
\69\ 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.\70\ 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--
---------------------------------------------------------------------------
\70\ 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.\71\ 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.
---------------------------------------------------------------------------
\71\ 22 U.S.C. 262-1 note.
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(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.\71\ 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--* * * \72\
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\72\ For amended text, see page 303.
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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: * * * \73\
---------------------------------------------------------------------------
\73\ For amended text, see vol. II-B.
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(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: * * * \74\
---------------------------------------------------------------------------
\74\ For amended text, see vol. II-B.
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(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 \75\
SEC. 721.\76\ 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.
---------------------------------------------------------------------------
\75\ See legislation pertaining to the United Nations and other
international organizations, Legislation on Foreign Relations Through
2005, vol. II-B.
\76\ 22 U.S.C. 287 note.
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(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: * * * \77\
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\77\ Sec. 722 added a new sec. 554 to the Foreign Assistance Act of
1961. See Legislation on Foreign Relations Through 2005, vol. I-A.
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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: * * * \78\
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\78\ Sec. 723 added a new sec. 10 to the United Nations
Participation Act of 1945; see. vol. II-B.
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SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS
PEACEKEEPING OPERATIONS. * * * \79\
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\79\ Subsecs. (a) and (b) of this sec. amended sec. 4 of the United
Nations Participation Act of 1945. 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.
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TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
SEC. 801.\80\ 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.
---------------------------------------------------------------------------
\80\ 8 U.S.C. 1182e.
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(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 * * *
\81\
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\81\ For amended text, see page 488.
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SEC. 805.\82\ REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES
CITIZENS WERE KILLED AND RELATED MATTERS.
(a) In General.--Not later than May 1, 2003, and not later
than May 1, 2004,\83\ 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:
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\82\ 22 U.S.C. 2656f note.
\83\ Sec. 216(c) of the Department of State Authorization Act,
Fiscal Year 2003 (division A of Public Law 107-228; 116 Stat. 1367),
struck out ``Not later than 6 months after the date of enactment of
this Act and every 6 months thereafter until October 1, 2001,'' and
inserted in lieu thereof ``Not later than May 1, 2003, and not later
than May 1, 2004,''.
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(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. * * * \84\
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\84\ Sec. 806 amended secs. 116 and 502B of the Foreign Assistance
Act of 1961; see Legislation on Foreign Relations Through 2005, vol. I-
A.
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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.\85\ 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''.
---------------------------------------------------------------------------
\85\ 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''.\86\
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\86\ For the United Nations Reform Act of 1999, see vol. II-B.
---------------------------------------------------------------------------
* * * * * * *
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''.\87\
---------------------------------------------------------------------------
\87\ 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, vol. II-b.
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 2005, vol. I-A.
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* * * * * * *
j. 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; as amended by Public Law 106-277 [S. 2460],
114 Stat. 813, approved October 2, 2000; and Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002
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 38.
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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 Special
Court of Sierra Leone \3\ the International Criminal
Tribunal for the Former Yugoslavia or the International
Criminal Tribunal for Rwanda,\4\ 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. 697(d)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1418), inserted ``the
Special Court of Sierra Leone'' after ``by,'', as enrolled omitting a
comma or the word ``or'' after ``Sierra Leone''.
\4\ 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) \5\ 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).
---------------------------------------------------------------------------
\5\ Sec. 1(3) of Public Law 106-277 (114 Stat. 813) inserted para.
designation ``(1)'', and added a new para. (2).
---------------------------------------------------------------------------
(2) \5\ 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.
(3) \6\ For the purposes of subsection (a), the Statute of
the Special Court for Sierra Leone means the Statute contained
in the Annex to the Agreement Between the United Nations and
the Government of Sierra Leone on the Establishment of a
Special Court for Sierra Leone.
---------------------------------------------------------------------------
\6\ Sec. 697(d)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1418), added para. (3).
---------------------------------------------------------------------------
(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 \7\
* * * * * * *
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\7\ For text, see vol. II-B.
k. 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; as 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; and Public Law 107-228 [Foreign Relation
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
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.
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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. 1501A-468), 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............................................ 274
Sec. 1002. Organization of division into subdivisions; table of
contents...................................................... 274
Subdivision A--Consolidation of Foreign Affairs Agencies
* * * * * * *
Subdivision B--Foreign Relations Authorization
TITLE XX--GENERAL PROVISIONS
Sec. 2001. Short title............................................ 277
Sec. 2002. Definition of appropriate congressional committees..... 277
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
Sec. 2101. Administration of foreign affairs...................... 277
Sec. 2102. International commissions.............................. 280
Sec. 2103. Grants to The Asia Foundation.......................... 281
Sec. 2104. Voluntary contributions to international organizations. 281
Sec. 2105. Voluntary contributions to peacekeeping operations..... 283
Sec. 2106. Limitation on United States voluntary contributions to
United Nations Development Program............................ 284
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........ 285
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........................ 286
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................................................... 287
Sec. 2213. Grants to remedy international abductions of children
[amends other legislation]
Sec. 2214. Counterdrug and anticrime activities of the Department
of State...................................................... 287
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..................................... 290
Sec. 2219. Reduction of reporting................................. 290
Chapter 2--Consular Authorities of the Department of State
Sec. 2221. Use of certain passport processing fees for enhanced
passport services............................................. 291
Sec. 2222. Consular officers...................................... 291
Sec. 2223. Repeal of outdated consular receipt requirements....... 293
Sec. 2224. Elimination of duplicate Federal Register publication
for travel advisories......................................... 293
Sec. 2225. Denial of visas to confiscators of American property... 293
Sec. 2226. Inadmissibility of any alien supporting an
international child abductor.................................. 293
Chapter 3--Refugees and Migration
SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS
Sec. 2231. Migration and refugee assistance....................... 294
SUBCHAPTER B--AUTHORITIES
Sec. 2241. United States policy regarding the involuntary return
of refugees................................................... 295
Sec. 2242. United States policy with respect to the involuntary
return of persons in danger of subjection to torture.......... 296
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...................................................... 297
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....................... 297
Sec. 2302. Elimination of Deputy Assistant Secretary of State for
Burdensharing................................................. 297
Sec. 2303. Personnel management [amends other legislation]
Sec. 2304. Diplomatic security [amends other legislation]
Sec. 2305. Number of senior official positions authorized for the
Department of State........................................... 298
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................................. 298
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........................ 299
Sec. 2317. Nonovertime differential pay........................... 300
Sec. 2318. Report concerning minorities and the Foreign Service... 300
TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS [see page 1468]
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............ 301
Sec. 2502. Restriction relating to United States accession to any
new international criminal tribunal........................... 301
Sec. 2503. United States membership in the Bureau of the
Interparliamentary Union...................................... 302
Sec. 2504. Service in international organizations................. 303
Sec. 2505. Reports regarding foreign travel....................... 303
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 2601. Authorization of appropriations........................ 305
Sec. 2602. Statutory construction [amends other legislation]
TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 [see vol. II-B]
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.................................... 305
Sec. 2802. Reports on determinations under title IV of the
Libertad Act.................................................. 306
Sec. 2803. Report on compliance with the Hague Convention on
International Child Abduction................................. 307
Sec. 2804. Sense of Congress relating to recognition of the
Ecumenical Patriarchate by the Government of Turkey........... 308
Sec. 2805. Report on relations with Vietnam....................... 308
Sec. 2806. Reports and policy concerning human rights violations
in Laos....................................................... 309
Sec. 2807. Report on an alliance against narcotics trafficking in
the Western Hemisphere........................................ 309
Sec. 2808. Congressional statement regarding the accession of
Taiwan to the World Trade Organization........................ 310
Sec. 2809. Programs or projects of the International Atomic Energy
Agency in Cuba................................................ 311
Sec. 2810. Limitation on assistance to countries aiding Cuba
nuclear development........................................... 312
Sec. 2811. International Fund for Ireland [amends other
legislation]
Sec. 2812. Support for democratic opposition in Iraq.............. 313
Sec. 2813. Development of democracy in the Republic of Serbia..... 314
* * * * * * *
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), provided $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), provided
$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 32.
---------------------------------------------------------------------------
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 38.
---------------------------------------------------------------------------
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 56.
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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 60.
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SEC. 2205.\25\ PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) Foreign Affairs Reimbursement.--
---------------------------------------------------------------------------
\25\ Sec. 318(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out ``pilot''
before ``program'' in the section heading. Para. (2) of that sec.
struck out para. (3), which had provided as follows:
``(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).''.
---------------------------------------------------------------------------
Para. (3) of that sec. struck out sec. 2205(c), which had provided
as follows:
``(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--
---------------------------------------------------------------------------
``(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.''.
(1) In general.--Section 701 of the Foreign Service
Act of 1980 (22 U.S.C. 4021) is amended * * * \26\
---------------------------------------------------------------------------
\26\ For amended text, see page 753.
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(2) \27\ Effective date.--The amendments made by
paragraph (1) shall take effect on October 1, 1998.
---------------------------------------------------------------------------
\27\ 22 U.S.C. 4021 note.
---------------------------------------------------------------------------
(b) \28\ 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: * * * \29\
---------------------------------------------------------------------------
\28\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
\29\ Sec. 2205(b) added a new sec. 53 to the State Department Basic
Authorities Act of 1956. For new text, see page 61.
---------------------------------------------------------------------------
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:
* * * \30\
---------------------------------------------------------------------------
\30\ Sec. 2206 added a new sec. 54 to the State Department Basic
Authorities Act of 1956; see page 61.
---------------------------------------------------------------------------
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:
* * * \31\
---------------------------------------------------------------------------
\31\ Sec. 2207 added a new sec. 55 to the State Department Basic
Authorities Act of 1956; see page 61.
---------------------------------------------------------------------------
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 * * *
\32\
---------------------------------------------------------------------------
\32\ For amended text, see page 334.
---------------------------------------------------------------------------
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 * * *
\33\
---------------------------------------------------------------------------
\33\ For amended text, see page 466.
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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 * * * \34\
---------------------------------------------------------------------------
\34\ For amended text, see Legislation on Foreign Relations Through
2005, 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: * * * \35\
---------------------------------------------------------------------------
\35\ For amended text, see vol. II-B.
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SEC. 2214.\36\ 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.
---------------------------------------------------------------------------
\36\ 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: * * * \37\
---------------------------------------------------------------------------
\37\ Sec. 2215 added a new sec. 12 to the Foreign Service Buildings
Act, 1926; see page 1299.
---------------------------------------------------------------------------
SEC. 2216. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d)) is amended * * * \38\
---------------------------------------------------------------------------
\38\ For amended text, see Legislation on Foreign Relations Through
2005, 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:
* * * \39\
---------------------------------------------------------------------------
\39\ Sec. 2217 added a new sec. 56 to the State Department Basic
Authorities Act of 1956; see page 61.
---------------------------------------------------------------------------
SEC. 2218.\40\ 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.
---------------------------------------------------------------------------
\40\ 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.\41\ 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--
---------------------------------------------------------------------------
\41\ 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: * * * \42\
---------------------------------------------------------------------------
\42\ See 8 U.S.C. 1182(a)(10)(C).
---------------------------------------------------------------------------
(b) \43\ 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.
---------------------------------------------------------------------------
\43\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
CHAPTER 3--REFUGEES AND MIGRATION
Subchapter A--Authorization of Appropriations
SEC. 2231.\44\ 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.
---------------------------------------------------------------------------
\44\ 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. 1501A-74), provided:
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``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.\45\ 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.
---------------------------------------------------------------------------
\45\ 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.\46\ 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.
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\46\ 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 * * * \47\
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\47\ For amended text, see page 36.
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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 * * * \48\
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\48\ For amended text, see Legislation on Foreign Relations Through
2005, 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: * * * \49\
---------------------------------------------------------------------------
\49\ For amended text, see page 8.
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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: * *
* \50\
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\50\ For amended text see page 8.
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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: * *
* \51\
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\51\ For amended text, see page 8.
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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. * * * \52\
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\52\ Sec. 2306 amended sec. 1 of the State Department Basic
Authorities Act of 1956; see page 8.
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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) \53\ Expedited Separation Out.--
---------------------------------------------------------------------------
\53\ 22 U.S.C. 4010 note.
---------------------------------------------------------------------------
(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. * * * \54\
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\54\ 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.
---------------------------------------------------------------------------
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 * * * \55\
---------------------------------------------------------------------------
\55\ For amended text, see page 751.
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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 * * * \56\
---------------------------------------------------------------------------
\56\ For amended text, see page 758.
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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: * * * \57\
---------------------------------------------------------------------------
\57\ For amended text, see page 846.
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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) \58\ Effective Date.--The amendments made by this
section shall take effect on the first day of the first
applicable pay period--
---------------------------------------------------------------------------
\58\ 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.\59\ 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):
---------------------------------------------------------------------------
\59\ 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 \60\
* * * * * * *
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\60\ For title XXIV see beginning at page 1468.
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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.\61\ 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--
---------------------------------------------------------------------------
\61\ 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.\62\ 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).
---------------------------------------------------------------------------
\62\ 22 U.S.C. 276 note.
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(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.\63\ 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).
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\63\ 5 U.S.C. 5707 note.
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(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,\64\ defined in
section 105 of title 5, United States Code; and
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\64\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the ``Government Accountability Office'' and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(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.\65\ 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.
---------------------------------------------------------------------------
\65\ 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: *
* * \66\
---------------------------------------------------------------------------
\66\ For amended text, see vol. II-B.
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TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \67\
* * * * * * *
---------------------------------------------------------------------------
\67\ 22 U.S.C. 1928 note. For text see vol. II-B.
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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 eleventh \68\
report under that subsection; or
---------------------------------------------------------------------------
\68\ Sec. 216(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1366), struck out ``seventh''
and inserted in lieu thereof ``eleventh''. Previously, 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. 1501A-
423), 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, 2003,\69\ 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--
---------------------------------------------------------------------------
\69\ Sec. 216(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1366), struck out ``September
30, 2001,'' and inserted in lieu thereof ``September 30, 2003,''.
Previously, 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. 1501A-423), struck out ``September 30, 1999,'' and inserted
in lieu thereof ``September 30, 2001,''.
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(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,\70\ 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:
---------------------------------------------------------------------------
\70\ Sec. 212 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1365), struck out ``during the
period ending September 30, 2001''. Previously, 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. 1501A-420), struck out
``1999,'' and inserted in lieu thereof ``2001,''.
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(1) The number of applications for the return of
children submitted by applicants in the United States
\71\ to the Central Authority for the United States
that remain unresolved more than 18 months after the
date of filing.
---------------------------------------------------------------------------
\71\ 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. 1501A-420), 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.\72\
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\72\ 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. 1501A-420), 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.''.
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(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,\73\ submitted
by applicants in the United States \74\ to the Central
Authority for the United States.
---------------------------------------------------------------------------
\73\ 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. 1501A-420), struck out ``children'' and inserted in lieu
thereof ``children, access to children, or both,''.
\74\ 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. 1501A-420), 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.\75\
---------------------------------------------------------------------------
\75\ 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. 1501A-420), 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) \76\ A list of the countries that are parties to
the Convention in which, during the reporting period,
parents who have been left-behind \77\ 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.
---------------------------------------------------------------------------
\76\ 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. 1501A-420), added paras. (6) and (7).
\77\ As enrolled.
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(7) \76\ 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,\78\ on
the extent to which--
---------------------------------------------------------------------------
\78\ 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. 1501A-423), 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) \79\ 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:
---------------------------------------------------------------------------
\79\ 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) \79\ 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. * * * \80\
---------------------------------------------------------------------------
\80\ Sec. 2811 amended the Anglo-Irish Agreement Support Act of
1986 in several sections. See Legislation on Foreign Relations Through
2005, vol. I-B.
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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.
l. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30, 1994;
as 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; 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; Public Law 107-173 [Enhanced Border Security and
Visa Entry Reform Act of 2002; H.R. 3525], 116 Stat. 543, approved May
14, 2002; Public Law 107-228 [Foreign Relations Authorization Act,
Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
2002; and Public Law 108-447 [Consolidated Appropriations Act, 2005;
H.R. 4818], 118 Stat. 2809, approved December 8, 2004
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............................................... 316
Sec. 2. Table of contents......................................... 316
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
Part A--Authorization of Appropriations
Sec. 101. Administration of foreign affairs....................... 322
Sec. 102. International organizations, programs, and conferences.. 326
Sec. 103. International commissions............................... 328
Sec. 104. Migration and refugee assistance........................ 329
Sec. 105. Other programs.......................................... 330
Sec. 106. United States Arms Control and Disarmament Agency....... 331
Part B--Authorities and Activities
Sec. 121. Authorized strength of the Foreign Service.............. 331
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.... 333
Sec. 129. Facilitating access to the Department of State building. 333
Sec. 130. Report on safety and security of United States personnel
in Sarajevo................................................... 333
Sec. 131. Passport security....................................... 333
Sec. 132. Record of place of birth for Taiwanese-Americans........ 334
Sec. 133. Terrorism rewards and reports. [amends other
legislation].................................................. 334
Sec. 134. Property agreements..................................... 334
Sec. 135. Capital investment fund................................. 334
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................................................... 335
Sec. 141. Local guard contracts abroad. [amends other legislation]
Sec. 142. Women's human rights protection......................... 338
Part C--Department of State Organization
Sec. 161. Organization of the Department of State. [amends other
legislation].................................................. 338
Sec. 162. Technical and conforming amendments. [amends other
legislation]..................................................
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]........... 340
Sec. 173. Senior Foreign Service performance pay. [amends other
legislation].................................................. 340
Sec. 174. Reassignment and retirement of former presidential
appointees. [amends other legislation]
Sec. 175. Report on classification of Senior Foreign Service
positions..................................................... 341
Sec. 176. Allowances. [amends other legislation]
Sec. 177. Grievances. [amends other legislation]
Sec. 178. Mid-level women and minority placement program.......... 341
Sec. 179. Employment assistance referral system for certain
members of the Foreign Service................................ 342
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].... 342
Sec. 182. Restoration of withheld benefits........................ 342
SUBPART 2--FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE
Sec. 191. Foreign language competence within the Foreign Service.. 343
Sec. 192. Designation of Foreign Language Resources Coordinator... 343
Sec. 193. Foreign language services............................... 344
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Part A--Authorization of Appropriations [see page 1476]
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 1483]
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 1684]
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.............. 345
Sec. 402. United States participation in management of the United
Nations....................................................... 346
Sec. 403. Sense of the Senate on Department of Defense funding for
United Nations peacekeeping operations........................ 346
Sec. 404. Assessed contributions for United Nations peacekeeping
operations.................................................... 347
Sec. 405. United States personnel taken prisoner while serving in
multinational forces.......................................... 348
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].................................................. 348
Sec. 410. Limitation on contributions to the United Nations and
affiliated organizations...................................... 349
Sec. 411. United Nations Security Council membership.............. 349
Sec. 412. Reforms in the World Health Organization................ 350
Sec. 413. Reforms in the Food and Agriculture Organization........ 350
Sec. 414. Sense of Congress regarding adherence to United Nations
Charter....................................................... 351
Sec. 415. Designated congressional committees..................... 351
Part B--General Provisions and Other International Organizations
Sec. 421. Agreement on State and local taxation................... 351
Sec. 422. Conference on Security and Cooperation in Europe........ 352
Sec. 423. International Boundary and Water Commission. [amends
other legislation]
Sec. 424. United States membership in the Asian-Pacific Economic
Cooperation Organization...................................... 352
Sec. 425. United States membership in the International Copper
Study Group................................................... 352
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............................ 352
Sec. 428. Prohibition on contributions to the International Coffee
Organization.................................................. 352
Sec. 429. Prohibition on contributions to the International Jute
Organization.................................................. 353
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].................................................. 353
TITLE V--FOREIGN POLICY
Part A--General Provisions
Sec. 501. United States policy concerning overseas assistance to
refugees and displaced persons................................ 354
Sec. 502. Interparliamentary exchanges............................ 355
Sec. 503. Food as a human right................................... 355
Sec. 504. Transparency in armaments............................... 356
Sec. 505. Sense of the Senate concerning Inspector General Act.... 356
Sec. 506. Torture convention implementation....................... 357
Sec. 507. United States policy concerning Iraq.................... 357
Sec. 508. High-level visits to Taiwan............................. 357
Sec. 509. Transfer of certain obsolete or surplus defense articles
in the War Reserve Allies Stockpile to the Republic of Korea.. 358
Sec. 510. Extension of the Fair Trade in Auto Parts Act of 1988.
[amends other legislation].................................... 358
Sec. 511. Report on the use of foreign frozen or blocked assets... 359
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....... 359
Sec. 514. Implementation of Partnership for Peace................. 360
Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma....... 361
Sec. 516. Peace process in Northern Ireland....................... 362
Sec. 517. Policy with respect to the establishment of an
international criminal court.................................. 362
Sec. 518. International criminal court participation.............. 363
Sec. 519. Protection of first and fourth amendment rights......... 363
Sec. 520. Policy on termination of United States arms embargo..... 364
Sec. 521. Sense of Senate on relations with Vietnam............... 366
Sec. 522. Report on sanctions on Vietnam.......................... 366
Sec. 523. Report on People's Mujaheddin of Iran................... 367
Sec. 524. Amendments to the PLO Commitments Compliance Act.
[amends other legislation]
Sec. 525. Free trade in ideas. [amends other legislation]......... 367
Sec. 526. Embargo against Cuba.................................... 368
Sec. 527. Expropriation of United States property................. 368
Sec. 528. Report on Russian military operations in the independent
states of the former Soviet Union............................. 370
Sec. 529. United States policy on North Korea..................... 371
Sec. 530. Enforcement of nonproliferation treaties................ 373
Sec. 531. Taiwan.................................................. 373
Sec. 532. Waiver of sanctions with respect to the Federal Republic
of Yugoslavia to promote democracy abroad..................... 374
Sec. 533. Freedom of information exemption for certain Open Skies
Treaty data................................................... 374
Sec. 534. Study of democracy effectiveness.\2\.................... 375
Sec. 535. Sense of Congress concerning United States citizens
victimized by Germany during World War II..................... 375
Sec. 536. Reporting requirements on occupied Tibet................ 375
---------------------------------------------------------------------------
\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............................................. 376
Sec. 552. Transfers of spoils of war.............................. 376
Sec. 553. Prohibition on transfers to countries which support
terrorism..................................................... 376
Sec. 554. Report on previous transfers............................ 377
Sec. 555. Definitions............................................. 377
Sec. 556. Construction............................................ 377
Part C--Anti-Economic Discrimination Act
Sec. 561. Short title............................................. 378
Sec. 562. Israel's diplomatic status.............................. 378
Sec. 563. Policy on Middle East arms sales. [amends other
legislation].................................................. 378
Sec. 564. Prohibition on certain sales and leases................. 378
Sec. 565. Prohibition on discriminatory contracts................. 379
Part D--The Cambodian Genocide Justice Act
Sec. 571. Short title............................................. 381
Sec. 572. Policy.................................................. 381
Sec. 573. Establishment of State Department Office................ 381
Sec. 574. Reporting requirement................................... 382
Part E--Middle East Peace Facilitation
Sec. 581. Short title............................................. 383
Sec. 582. Findings................................................ 383
Sec. 583. Authority to suspend certain provisions................. 383
TITLE VI--PEACE CORPS
Sec. 601. Authorization of appropriations......................... 386
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 vol. II-B]
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............................................. 387
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......... 387
Sec. 822. Eligibility for assistance. [amends other legislation].. 390
Sec. 823. Role of international financial institutions. [amends
other legislation]............................................ 391
Sec. 824. Prohibition on assisting nuclear proliferation through
the provision of financing.................................... 391
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]..................... 393
Sec. 829. Technical correction. [amends other legislation]
Sec. 830. Definitions............................................. 394
Sec. 831. Effective date.......................................... 395
Part C--International Atomic Energy Agency
Sec. 841. Bilateral and multilateral initiatives.................. 395
Sec. 842. IAEA internal reforms................................... 396
Sec. 843. Reporting requirement................................... 397
Sec. 844. Definitions............................................. 398
TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
Sec. 901. Short title............................................. 398
Sec. 902. Findings................................................ 398
Sec. 903. Purpose................................................. 399
Sec. 904. Composition of the Commission........................... 399
Sec. 905. Functions of the Commission............................. 400
Sec. 906. Powers of the Commission................................ 400
Sec. 907. Staff of the Commission................................. 401
Sec. 908. Compensation and travel expenses........................ 401
Sec. 909. Security clearances for Commission members and staff.... 402
Sec. 910. Final report of Commission; termination................. 402
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.''.
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(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.
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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''.
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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 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).''.
---------------------------------------------------------------------------
(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\ * * *
---------------------------------------------------------------------------
\32\ Subsec. (b) amended sec. 49 of the Arms Control and
Disarmament Act (22 U.S.C. 2589).
---------------------------------------------------------------------------
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.
* * * * * * *
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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 1214. 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. 127.\36\ CONSULAR AUTHORITIES. * * *
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.
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\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.''.
The Department of State and Related Agency Appropriations Act, 2006
(title IV of Public Law 109-108; 119 Stat. 2320), provided the
following:
---------------------------------------------------------------------------
``capital investment fund
---------------------------------------------------------------------------
``For necessary expenses of the Capital Investment Fund,
$58,895,000, 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.''.
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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. 1501A-38), 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)''.
---------------------------------------------------------------------------
(3) \54\ For the fiscal year 2003, any amount that
exceeds $460,000,000 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.
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\54\ Sec. 234 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1373), added para. (3).
Previously, sec. 103(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 547) struck out
a para. (3), which had read, as amended by 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. 1501A-425), as follows:
``(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.''.
Sec. 231(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. 1501A-425), also 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.
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(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.
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\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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(g) \57\, \58\ Subsections (d) and (e) shall
\60\ cease to have effect after December 31, 1997.
---------------------------------------------------------------------------
\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''.
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(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).
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\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).
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(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.
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\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.
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\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).
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(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]
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\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.''.
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(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.
---------------------------------------------------------------------------
(3) * * *
(4) * * *
(m)-(q) * * * \70\
---------------------------------------------------------------------------
\70\ Sec. 162 has no subsec. (l).
---------------------------------------------------------------------------
* * * * * * *
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.
---------------------------------------------------------------------------
(b) \72\ Retroactive Application.--The amendments made by
subsection (a) shall apply with respect to claims arising on or
after October 31, 1988.
---------------------------------------------------------------------------
\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.
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\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.
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\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.
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\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.--* * *
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\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.
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(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.
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\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)''.
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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.
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\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,''.
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(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\
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\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--
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\90\ 22 U.S.C. 4021 note.
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(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.
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\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 1476.
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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):
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\93\ See also Legislation on Foreign Relations Through 2005, vol.
II-B, for United Nations and Other International Organizations.
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(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--
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\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).
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(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;
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\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. 1501A-415), 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.
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\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. 1501A-415), 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.''.
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(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.
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\97\ As enrolled. Should read ``Management''.
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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.
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(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.--(A) \100\ In
general.--Except as provided in subparagraph (B), 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. 1501A-
476)), 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 vol. II-B.
\100\ Sec. 402(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1388), struck out
``Funds'' and inserted in lieu thereof ``(A) In general.--Except as
provided in subparagraph (B), funds''.
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(B) \101\ Reduction in united states share of
assessed contributions.--Notwithstanding the percentage
limitation contained in subparagraph (A), the United
States share of assessed contributions for each United
Nations peacekeeping operation during the following
periods is authorized to be as follows:
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\101\ Sec. 402(a)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1389), added subpara.
(B).
Sec. 411 of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905), provided the following:
``Sec. 411. During fiscal year 2005, section 404(b)(2)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 22 U.S.C. 287e note), shall be administered as though the
matter following clause (iii) reads as follows:
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``(v) For assessments made during calendar year 2005, 27.1 percent.''.
(i) For assessments made during calendar year
2001, 28.15 percent.
(ii) For assessments made during calendar
year 2002, 27.90 percent.
(iii) For assessments made during calendar
year 2003, 27.40 percent.
(iv) For assessments made during calendar
year 2004, 27.40 percent.
(3) \102\ * * *
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\102\ 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.
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\103\ Sec. 406 amended sec. 4 of the United Nations Participation
Act of 1945 (22 U.S.C. 287b).
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SEC. 406.\103\ TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS. * * *
SEC. 407.\104\ CONSULTATIONS AND REPORTS.
(a) * * * [Repealed--1999]
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\104\ 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. 1501A-465). Sec. 724(a)(1)
of that Act amended and restated sec. 4(e) of the United Nations
Participation act of 1945; see vol. II-B.
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(b) \105\ * * *
---------------------------------------------------------------------------
\105\ Subsec. (b) amended sec. 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b).
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SEC. 408.\106\ TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL
PEACEKEEPING OPERATIONS. * * *
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\106\ 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.\107\ 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.
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\107\ 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).
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(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 \108\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
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\108\ 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) 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) \109\ * * *
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\109\ Subsec. (e) repealed sec. 162(a) through (d) of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993.
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SEC. 410.\110\ LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS AND
AFFILIATED ORGANIZATIONS.
The United States shall not make any voluntary or assessed
contribution--
---------------------------------------------------------------------------
\110\ 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,\111\ the
Congress makes the following declarations:
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\111\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting
Office'' as the ``Government Accountability Office'' and provided that
``Any reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(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.\112\ 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 \108\ of the House of Representatives.
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\112\ 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.\113\ INTERNATIONAL BOUNDARY AND WATER COMMISSION. * * *
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\113\ 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''.
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\114\ 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. 426.\114\ EXTENSION OF THE INTERNATIONAL ORGANIZATIONS IMMUNITIES
ACT TO THE INTERNATIONAL UNION FOR CONSERVATION OF
NATURE AND NATURAL RESOURCES. * * *
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.\115\ MIGRATION AND REFUGEE AMENDMENTS. * * *
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\115\ 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).
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SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR CERTAIN
PROGRAMS OF INTERNATIONAL ORGANIZATIONS.
(a) \116\ * * *
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\116\ Subsec. (a) amended sec. 307 of the Foreign Assistance Act of
1961 (22 U.S.C. 2227); see Legislation on Foreign Relations Through
2005, vol. I-A.
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(b) \117\ United Nations Development Program.--
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\117\ 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.\118\ 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--
---------------------------------------------------------------------------
\118\ 22 U.S.C. 2601 note.
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(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) \119\ Authorizations of Appropriations.--* * *
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\119\ Subsec. (a) amended sec. 2 of Public Law 86-420 and sec. 2 of
Public Law 86-42.
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(b) \120\ 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.
---------------------------------------------------------------------------
\120\ 22 U.S.C. 276 note.
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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) \121\ * * *
---------------------------------------------------------------------------
\121\ Subsec. (a) added a new chapter 113B to 18 U.S.C.
---------------------------------------------------------------------------
(b) * * *
(c) \122\ Effective Date.--The amendments made by this
section shall take effect on the later of--
---------------------------------------------------------------------------
\122\ 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 \123\ 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.
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\123\ 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) 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) \124\ Effective Date.--The amendment made by this
section shall take effect on December 30, 1993.
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\124\ 15 U.S.C. 4704 note.
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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
\123\ 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.\125\ EXTENSION OF CERTAIN ADJUDICATION PROVISIONS. * * *
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\125\ Sec. 512 amended secs. 599D and 599E of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167).
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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.\126\
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\126\ Executive Order 12850 (58 F.R. 31327).
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(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.\127\ 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 \123\ 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.
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\127\ 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:
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``sec. 205. reporting requirement.
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``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) \128\ 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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\128\ 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; \129\
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\129\ Senate Resolution 112, agreed to in the Senate May 27, 1993,
provided the following:
``Resolution 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 \130\ on American citizens.
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\130\ 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,\131\ 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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\131\ 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.\132\ 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 \133\ 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.
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\132\ 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).
\133\ 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) \134\ * * *
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\134\ Subsec. (b) amended sec. 5(b)(4) of the Trading With the
Enemy Act (50 U.S.C. App. 5(b)(4)).
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(2) \135\ 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.
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\135\ 50 U.S.C. App. 5 note.
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(c) \136\ Amendments to International Emergency Economic
Powers Act.--* * *
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\136\ Subsec. (c) amended sec. 203(b) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)).
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(2) \137\ 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.
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\137\ 50 U.S.C. 1702 note.
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(3) \137\ 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.\138\ 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))--
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\138\ 22 U.S.C. 2370a.
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(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) \139\ 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.
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\139\ 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).
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(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) \140\ 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).
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\140\ 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).
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(f) \141\ 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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\141\ 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).
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(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) \142\ 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.
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\142\ 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).
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(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.
(i) \143\ Certain Claims for Expropriation by the
Government of Nicaragua.--
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\143\ Sec. 584(c) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 3032), added subsec. (i). Pursuant to para. (3), the
Director, Office of Central American Affairs, Bureau of Western
Hemisphere Affairs, Department of State, on March 25, 2005, established
``April 1, 2005 as the date from which the 120 day period will be
calculated, in accordance with Section 584(c)(i) of H.R. 4818,
Consolidated Appropriations Act, 2005, which amends Section 527 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.''
(Department of State Public Notice 5046; 70 F.R. 18446).
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(1) Any action of the types set forth in
subparagraphs (A), (B), and (C) of subsection (a)(1)
that was taken by the Government of Nicaragua during
the period beginning on January 1, 1956, and ending on
January 9, 2002, shall not be considered in
implementing the prohibition under subsection (a)
unless the action has been presented in accordance with
the procedure set forth in paragraph (2).
(2) An action shall be deemed presented for purposes
of paragraph (1) if it is--
(A) in writing; and
(B) received by the United States Department
of State on or before 120 days after the date
specified in paragraph (3) at--
(i) the headquarters of the United
States Department of State in
Washington, D.C.; or
(ii) the Embassy of the United States
of America to Nicaragua.
(3) The date to which paragraph (2) refers is a date
after enactment of this subsection that is specified by
the Secretary of State, in the Secretary's discretion,
in a notice published in the Federal Register.
SEC. 528.\144\ 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.
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\144\ 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.
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(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,\145\ to perform
inspections of North Korea's nuclear program.
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\145\ 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 \145\
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 \145\ 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.\146\ 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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\146\ 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) \147\ 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.
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\147\ 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.\148\ 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--
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\148\ 5 U.S.C. 552 note.
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(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 \149\ 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.
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\149\ 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.\150\ 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--
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\150\ 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.\151\ SHORT TITLE.
This part may be cited as the ``Spoils of War Act of
1994''.
---------------------------------------------------------------------------
\151\ 50 U.S.C. 2201 note.
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SEC. 552.\152\ 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.
---------------------------------------------------------------------------
\152\ 50 U.S.C. 2201.
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(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.\153\ 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.
---------------------------------------------------------------------------
\153\ 50 U.S.C. 2202.
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SEC. 554.\154\ 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.
---------------------------------------------------------------------------
\154\ 50 U.S.C. 2203.
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SEC. 555.\155\ DEFINITIONS.
As used in this part--
---------------------------------------------------------------------------
\155\ 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 \149\ 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.\156\ CONSTRUCTION.
Nothing in this part shall apply to--
---------------------------------------------------------------------------
\156\ 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.\157\ SHORT TITLE.
This part may be cited as the ``Anti-Economic
Discrimination Act of 1994''.
---------------------------------------------------------------------------
\157\ 22 U.S.C. 2679c note.
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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) \158\ * * *
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\158\ Subsec. (a) amended sec. 322 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138).
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(b) \159\ 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.
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\159\ 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).
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SEC. 564.\160\ 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 \161\ 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.
---------------------------------------------------------------------------
\160\ 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.
\161\ Sec. 1(l) of Public Law 103-415 (108 Stat. 4301) struck out
``primary or secondary'' and inserted in lieu thereof ``secondary or
tertiary''.
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(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 \149\ 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.\162\ 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))--
---------------------------------------------------------------------------
\162\ 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) \163\ 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.
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\163\ The Secretary of State delegated functions authorized under
subsecs. (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).
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(c) \163\ 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) \164\ * * * [Repealed--1998]
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\164\ 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.\165\ SHORT TITLE.
This part may be cited as the ``Cambodian Genocide Justice
Act''.
---------------------------------------------------------------------------
\165\ 22 U.S.C. 2656 note.
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SEC. 572.\165\ 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.\165\ 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) \166\ 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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\166\ 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 \167\ 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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\167\ 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.\165\, \168\ 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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\168\ 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 \167\ 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).\169\ The President may continue the suspension for a
period or periods of not more than 6 months until March 31,
1996,\170\ 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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\169\ 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 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 (Public Law 103-236), and again in the Middle
East Peace Facilitation Act of 1995 (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, 2006 (Public Law 109-102); see secs.
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood, sec. 558, prohibiting assistance
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
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); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
\170\ 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) \171\ 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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\171\ 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) \171\ 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) \172\ as it applies with respect to
the Palestine Liberation Organization or entities
associated with it.
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\172\ For text, see Legislation on Foreign Relations Through 2005,
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) \173\ 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.
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\173\ For text, see Legislation on Foreign Relations Through 2005,
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,\174\ and the
Committee on Appropriations of the House of
Representatives; and
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\174\ 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 \175\
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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\175\ For other legislation relating to the Peace Corps, see
Legislation on Foreign Relations Through 2005, vol. I-B.
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(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.\176\ AMENDMENTS TO THE PEACE CORPS ACT. * * *
---------------------------------------------------------------------------
\176\ 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 \177\
* * * * * * *
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\177\ 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 2005,
vol. I-A), and Nuclear Non-Proliferation Act of 1978 (see Legislation
on Foreign Relations Through 2005, vol. IV). For freestanding
provisions of part A, see vol. II-B.
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PART B--AMENDMENTS TO THE ARMS EXPORT CONTROL ACT \178\
* * * * * * *
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\178\ Part B consists entirely of amendments to the Foreign
Assistance Act of 1961, the Arms Export Control Act (see Legislation on
Foreign Relations Through 2005, vol. I-A) and the Export Administration
Act of 1979 (see Legislation on Foreign Relations Through 2005, vol.
III).
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TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT \179\
SEC. 801. SHORT TITLE.
This title may be cited as the ``Nuclear Proliferation
Prevention Act of 1994''.
---------------------------------------------------------------------------
\179\ 22 U.S.C. 3201 note.
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PART A--REPORTING ON NUCLEAR EXPORTS \180\
* * * * * * *
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\180\ Part A amends the Nuclear Non-Proliferation Act of 1978; see
Legislation on Foreign Relations Through 2005, vol. IV.
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PART B--SANCTIONS FOR NUCLEAR PROLIFERATION \181\
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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\181\ 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 \182\
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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\182\ 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) \183\ 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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\183\ 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).
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(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) \184\ Amendments to the Arms Export Control Act.--* * *
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\184\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control
Act (22 U.S.C. 2753, 2780).
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(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,\185\ 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.
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\185\ 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) \186\ * * *
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\186\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2375(d)).
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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) \187\ * * *
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\187\ Subsec. (b) amended sec. 701(b)(3) of the International
Financial Institutions Act (22 U.S.C. 262d(b)(3)).
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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,,\188\ 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.
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\188\ 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).
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(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) \189\ Consultation With and Actions by Foreign
Government of Jurisdiction.--
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\189\ 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.''.
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(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) \189\ 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) \189\ 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) \189\ 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) \189\ 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) \189\ 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.\190\ EXPORT-IMPORT BANK. * * *
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\190\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(4)).
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SEC. 826.\191\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
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\191\ 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.
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SEC. 827.\192\ REWARD. * * *
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\192\ Sec. 827 amended sec. 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a)).
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SEC. 828. REPORTS.
(a) \193\ Content of ACDA Annual Report.--* * *
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\193\ Sec. 828(a) amended sec. 51(a) of the Arms Control and
Disarmament Act.
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(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 \194\
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--
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\194\ See related legislation under ``Energy, Natural Resources,
and Environment,'' in Legislation on Foreign Relations Through 2005,
vol. IV.
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(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] \195\
---------------------------------------------------------------------------
\195\ 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.''.
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TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
SEC. 901.\196\ SHORT TITLE.
This title may be cited as the ``Protection and Reduction
of Government Secrecy Act''.
---------------------------------------------------------------------------
\196\ 50 U.S.C. 401 note.
---------------------------------------------------------------------------
SEC. 902.\196\ 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.\196\ 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.\196\ 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.\196\ 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.\196\ 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) \197\ 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.
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\197\ 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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(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.\196\ 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.\196\ 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.\196\ 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.\196\ 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.
m. 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; as 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 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.
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SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Page
Sec. 1. Short title............................................... 403
Sec. 2. Table of contents......................................... 403
TITLE I--DEPARTMENT OF STATE
Part A--Authorization of Appropriations
Sec. 101. Administration of foreign affairs....................... 406
Sec. 102. International organizations and conferences............. 410
Sec. 103. International commissions............................... 412
Sec. 104. Migration and refugee assistance........................ 413
Sec. 105. Other programs.......................................... 414
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........................ 415
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.... 416
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............. 416
Sec. 126. Defense trade controls registration fees [amends other
legislation]
Sec. 127. Denial of certain visas [amends other legislation]
Sec. 128. Visa lookout systems.................................... 417
Sec. 129. Prohibition on issuance of Israel-only passports........ 418
Part C--Diplomatic Reciprocity and Security
Sec. 131. Diplomatic construction program [amends other
legislation]
Sec. 132. Construction of diplomatic facilities................... 420
Sec. 134. Special agents.......................................... 420
Sec. 135. Protection for United Nations facilities and missions... 421
Sec. 136. Study of construction security needs.................... 421
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........................................... 421
Sec. 151. Foreign national employees separation pay............... 423
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....................................................... 423
Sec. 155. Language training in the Foreign Service................ 424
Part E--International Organizations
Sec. 161. Material donations to United Nations peacekeeping
operations.................................................... 424
Sec. 163. Report to Congress concerning United Nations secondment
[amends other legislation]
Sec. 164. Permanent International Association of Road Congresses.. 424
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............... 424
Sec. 169. United States delegation to the Parliamentary Assembly
of the Conference on Security and Cooperation in Europe (CSCE) 425
Sec. 170. Report concerning the United Nations Educational,
Scientific, and Cultural Organization......................... 427
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........................... 427
Sec. 173. Inter-American Foundation [amends other legislation]
Sec. 174. Housing benefits of the United States mission to the
United Nations................................................ 427
Sec. 175. Enhanced support for United Nations peacekeeping........ 428
Sec. 176. Special purpose international organizations............. 428
Sec. 177. Great Lakes Fishery Commission.......................... 429
Sec. 178. Inter-American organizations............................ 429
Sec. 179. International Coffee Organization....................... 429
Sec. 180. Appointment of special coordinator for water policy
negotiations and water resources policy....................... 430
Sec. 181. Employment of U.S. citizens by international
organizations................................................. 430
Part F--Miscellaneous Provisions
Sec. 191. Travel advisory for Jalisco, Mexico..................... 430
Sec. 192. Implementation of the Nairobi forward-looking strategies
for the advancement of women.................................. 430
Sec. 193. Study of technical security and counterintelligence
capabilities.................................................. 431
Sec. 194. Study of sexual harassment at the Department of State... 431
Sec. 195. Prohibition against fraudulent use of ``Made in
America'' labels.............................................. 432
Sec. 196. Deadline for responses to questions from congressional
committees.................................................... 432
Sec. 197. International credit reports............................ 432
Sec. 198. Foreign Relations of the United States Historical Series 433
Title II--United States Informational, Educational, and Cultural
Programs
Part A--United States Information Agency [see page 1489]
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 1647]
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 1494]
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 1715]
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 1717]
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.............................. 434
Sec. 302. Benefits for United States hostages captured in Lebanon
[amends other legislation]
Sec. 303. Reports concerning China................................ 435
Sec. 304. Report on terrorist assets in the United States......... 437
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........................ 437
Sec. 323. Missile technology [amends other legislation]
Sec. 324. Report on Chinese weapons proliferation practices....... 438
Sec. 325. Report on SS-23 missiles................................ 439
Part C--Declarations of Congress
Sec. 351. Reciprocal diplomatic status with Mexico................ 439
Sec. 352. United States presence in Lithuania, Latvia, and Estonia 439
Sec. 353. Laotian-American relations.............................. 440
Sec. 354. POW/MIA status.......................................... 440
Sec. 355. China's illegal control of Tibet........................ 440
Sec. 356. Release of prisoners held in Iraq....................... 441
Sec. 357. Policy toward Hong Kong................................. 442
Sec. 358. Policy toward Taiwan.................................... 442
Sec. 359. Human rights abuses in East Timor....................... 442
Sec. 360. Support for new democracies............................. 443
Sec. 361. Policy regarding United States assistance to the Soviet
Union and Yugoslavia.......................................... 443
Sec. 363. United States tactical nuclear weapons designed for
deployment in Europe.......................................... 444
Sec. 364. United States support for UNCED......................... 444
TITLE IV--ARMS TRANSFERS RESTRAINT POLICY FOR THE MIDDLE EAST AND
PERSIAN GULF REGION
Sec. 401. Findings................................................ 445
Sec. 402. Multilateral arms transfer and control regime........... 446
Sec. 403. Limitation on United States arms sales to the region.... 448
Sec. 404. Reports to the Congress................................. 449
Sec. 405. Relevant congressional committees defined............... 450
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.
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\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.
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(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.
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\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.''.
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(3) \4\ Representation allowances.--For
``Representation Allowances'', $4,802,000 for the
fiscal year 1992 and $5,000,000 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. 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''.
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(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.
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\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).''.
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(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.
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\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:
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``office of inspector general
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``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.
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\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.
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(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.
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\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.
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(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 \9\ and the
Geographic Bureaus for language training
programs;
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\9\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
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(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) \10\ 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.
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\10\ The Department of State and Related Agencies Appropriations
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided the
following:
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``repatriation loans program account
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``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:
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``repatriation loans program account
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``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.''.
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(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) \11\ 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.
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\11\ 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:
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``International Organizations and Conferences
``contributions to international organizations
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``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) \12\ 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.
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\12\ In a memorandum of February 10, 1992, the President delegated
functions in secs. 102(a)(3), 162(b), and 162(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) \13\ 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.
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\13\ 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:
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``contributions for international peacekeeping activities
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``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.\13\
(c) \14\ 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.
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\14\ 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:
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``international conferences and contingencies
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``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.''.
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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 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 1992, $11,400,000 and, for the
fiscal year 1993, $12,000,000; and
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\15\ 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.
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(B) \16\ for ``Construction'' for the fiscal
year 1992, $10,525,000 and, for the fiscal year
1993, $19,925,000.
---------------------------------------------------------------------------
\16\ 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.
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(2) \17\ 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.
---------------------------------------------------------------------------
\17\ 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) \17\ 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) \18\ International fisheries commissions.--For
``International Fisheries Commissions'', $14,000,000
for the fiscal year 1992 and $16,500,000 for the fiscal
year 1993.
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\18\ 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.''.
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SEC. 104.\19\ 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.
---------------------------------------------------------------------------
\19\ 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.''.
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(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) \20\ 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.
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\20\ 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) \21\ 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.
---------------------------------------------------------------------------
\21\ 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) \22\ Asia foundation.--For ``Asia Foundation'',
$16,000,000 for the fiscal year 1992 and $18,000,000
for the fiscal year 1993.
---------------------------------------------------------------------------
\22\ 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.
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PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 116.\23\ 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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\23\ 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) 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.\24\ 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.\25\
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\24\ 22 U.S.C. 2652b.
\25\ 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) \26\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\26\ 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''.
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(d) \25\ Conforming Amendment.--
(1) \27\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\27\ 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 U.S.C. 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)).
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(2) Effective date.--The amendment made by paragraph
(1) shall take effect on October 1, 1991.
(e) \28\ Implementation.--In order to carry out this section,
the Secretary of State shall reprogram the position of Deputy
Assistant Secretary for South Asian Affairs.
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\28\ 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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* * * * * * *
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.\29\ 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 \30\ of
aliens under the Immigration and Nationality Act, the name of
any alien who is not inadmissible \30\ from the United States
under the Immigration and Nationality Act, subject to the
provisions of this section.
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\29\ 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.
\30\ 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''.
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(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 \31\ of the
House of Representatives and the Committee on the Judiciary and
the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
SEC. 129.\32\ PROHIBITION ON ISSUANCE OF ISRAEL-ONLY PASSPORTS.
(a) Purpose.--It is the purpose of this section--
---------------------------------------------------------------------------
\32\ 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).
---------------------------------------------------------------------------
(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 \31\ 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.\33\ CONSTRUCTION OF DIPLOMATIC FACILITIES.
(a) \34\ 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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\33\ 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).
\34\ Sec. 502(a)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2326) redesignated the remaining subsec. (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.\35\ * * * [REPEALED--1993]
SEC. 134.\36\ 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 \37\ 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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\35\ 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).
\36\ 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).
\37\ 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.\38\ PROTECTION FOR UNITED NATIONS FACILITIES AND MISSIONS. *
* *
(b) Protection of Foreign Diplomatic Missions.--* * *
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\38\ 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.\39\ 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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\39\ 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,\40\
and exclusive representatives (as defined in section
1002(9) of the Foreign Service Act of 1980).
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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. 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.\40\
SEC. 151.\41\ 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.
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\41\ 22 U.S.C. 4012a.
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(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.\42\ LANGUAGE TRAINING IN THE FOREIGN SERVICE.
The Department of State and the Department of Commerce \43\
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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\42\ 22 U.S.C. 4001 note.
\43\ 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.\44\ REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES. * * *
[SUBSECS. (A)-(D) REPEALED--1994]
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\44\ 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) \45\ * * *
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\45\ Subsec. (e) repealed sections of earlier Foreign Relations
Authorization Acts.
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SEC. 163.\46\ 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) \47\ Authority.--The President is authorized to maintain
membership of the United States in the Permanent International
Association of Road Congresses.
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\46\ 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.''.
\47\ 22 U.S.C. 269.
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* * * * * * *
SEC. 168.\48\ 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.
---------------------------------------------------------------------------
\48\ 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),\49\ and
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\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.
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(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.\49\
(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) \50\ Interparliamentary Conference of North Atlantic
Assembly. * * *
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\50\ 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.\51\ 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--
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\51\ 22 U.S.C. 276m.
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(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); \49\ 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).\49\
(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 \49\ 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.\52\ 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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\52\ 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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* * * * * * *
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.\53\ 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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\53\ 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) 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.\54\ 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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\54\ 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
\49\ 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.\55\ APPOINTMENT OF SPECIAL COORDINATOR FOR WATER POLICY
NEGOTIATIONS AND WATER RESOURCES POLICY.
(a) Designation.--The Secretary of State shall designate a
Special Coordinator--
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\55\ 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).
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(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.\56\ 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--
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\56\ 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).
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(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.\57\
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\57\ 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.\58\ 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.
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\58\ 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 \59\ of the House of Representatives and the
Committee on Foreign Relations of the Senate. The Inspector
General may submit such report in classified form.
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\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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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 \59\
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.\60\ 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.
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\60\ 22 U.S.C. 2679b.
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SEC. 196.\61\ 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.
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\61\ 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).
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(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 \59\ of the House
of Representatives.
SEC. 197.\62\ 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--
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\62\ 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.\63\ THE FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL
SERIES.
(a) \64\ Amendment.--* * *
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\63\ 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).
\64\ 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''.
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(b) \65\ 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.
---------------------------------------------------------------------------
\65\ 22 U.S.C. 4356 note.
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(c) Compliance.--
(1) \66\ 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 \59\ 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.
---------------------------------------------------------------------------
\66\ 22 U.S.C. 4354 note.
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(2) \67\ (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.
---------------------------------------------------------------------------
\67\ 22 U.S.C. 4351 note.
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(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 \59\ 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 \68\
* * * * * * *
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\68\ For text of freestanding provisions in this part relating to
the United States Information Agency, see page 1489.
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PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS \69\
* * * * * * *
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\69\ For text of freestanding provisions in this part relating to
the Bureau of Educational and Cultural Affairs, see page 1494.
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PART C--BUREAU OF BROADCASTING \70\
* * * * * * *
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\70\ For text of freestanding provisions in this part relating to
the Bureau of Broadcasting, see page 1715.
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PART D--BOARD FOR INTERNATIONAL BROADCASTING \71\
* * * * * * *
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\71\ For freestanding provisions in this part relating to the Board
for International Broadcasting, see page 1717.
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TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS
PART A--FOREIGN POLICY PROVISIONS
SEC. 301.\72\ PERSIAN GULF WAR CRIMINALS
(a) International Criminal Tribunal.--
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\72\ For other legislation on U.S. policy toward Iraq, see
Legislation on Foreign Relations Through 2005, 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) \73\ 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 \59\ of the House of
Representatives a report--
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\73\ 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''.
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(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.\74\ BENEFITS FOR UNITED STATES HOSTAGES CAPTURED IN LEBANON.
* * *
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\74\ 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.\75\ 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:
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\75\ 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 secs. 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 sec. 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 \59\
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,\76\ shall
submit to the Committee on Foreign Relations and the Committee
on Finance of the Senate and the Committee on Foreign Affairs
\59\ 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.\77\
---------------------------------------------------------------------------
\76\ 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,''.
\77\ 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.
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(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 \78\
SEC. 321.\79\ LIMITATION ON RESCISSION OF PROHIBITIONS APPLICABLE TO
TERRORIST COUNTRIES. * * *
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\78\ See other arms control legislation, vol. II-B.
\79\ Sec. 321 amended sec. 40(f) of the Arms Export Control Act (22
U.S.C. 2780(f)).
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SEC. 322.\80\ 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--
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\80\ 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.''.
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(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) \80\ does not participate in the Arab
League primary or secondary boycott of Israel.
SEC. 323.\81\ MISSILE TECHNOLOGY. * * *
---------------------------------------------------------------------------
\81\ Sec. 323 amended secs. 73 and 74 of the Arms Export Control
Act (22 U.S.C. 2797b and 2797c).
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SEC. 324.\75\ 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
\82\ of the House of Representatives on ``Chinese Nuclear,
Chemical, Biological, and Missile Proliferation Practices''.
---------------------------------------------------------------------------
\82\ 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.\83\ RELEASE OF PRISONERS HELD IN IRAQ.
(a) Sense of Congress.--It is the sense of the Congress
that--
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\83\ 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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(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 \82\ 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.\84\ * * * [REPEALED--1993]
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\84\ 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).
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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 \85\
SEC. 401. FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\85\ 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.\86\ 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--
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\86\ 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.
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(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.\86\ 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 \87\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
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\87\ 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.
\88\ 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 2005, 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 2005, vol. I-A.
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TITLE V--CHEMICAL AND BIOLOGICAL WEAPONS CONTROL * * * [Repealed--1991]
\88\
n. 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''.
o. 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 2005, 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.
p. 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; as 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; 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 107-273 [21st Century Department of Justice Appropriations
Authorization Act; H.R. 2215], 116 Stat. 1758, approved November 2,
2002; and Public Law 108-447 [Consolidated Appropriations Act, 2005;
H.R. 4818], 118 Stat. 2809, approved December 8, 2004
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).
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(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.
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(3) \5\ Representation allowances.--For
``Representation Allowances'', $4,600,000 for the
fiscal year 1990 and $5,000,000 for the fiscal year
1991.
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\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.
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(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.
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\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.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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).
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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.
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\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.
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(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.
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\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).
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(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.
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\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.
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(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.
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\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.
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(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
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\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.
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(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.
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\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.''.
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(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.
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\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.
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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
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\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--
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``(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.
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``(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.
---------------------------------------------------------------------------
(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 2005, 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.
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\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.
---------------------------------------------------------------------------
(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]
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\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:
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\32\ 22 U.S.C. 4864.
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(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).
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(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;
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\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\
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\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\
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\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.
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(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;
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\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''.
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(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\
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\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''.
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(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).
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(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 through 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).
Subsec. (c) made technical and conforming amendments to the Foreign
Service Act of 1980.
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(c) \41\ Technical and Conforming Amendments.--* * *
(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 or Federal Bureau of Investigation
\43\ 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.
\43\ Sec. 11005 of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 116 Stat. 1817)
inserted ``or Federal Bureau of Investigation'' after ``Drug
Enforcement Administration''.
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SEC. 152.\44\ 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.
---------------------------------------------------------------------------
\44\ 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) \45\ 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.
---------------------------------------------------------------------------
\45\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
(b) \45\ 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,\46\ the Secretary of
State shall implement the plan provided for in paragraph (1).
---------------------------------------------------------------------------
\46\ 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''.
---------------------------------------------------------------------------
(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) \47\ 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--
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\47\ 22 U.S.C. 3941 note.
---------------------------------------------------------------------------
(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) \48\ 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.
---------------------------------------------------------------------------
\48\ 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
\49\ of the House of Representatives and the Committee on
Foreign Relations of the Senate.
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\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.
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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.\50\ 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.
---------------------------------------------------------------------------
\50\ 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 \49\
of the House of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 156. LIMITATION ON HOUSING BENEFITS.
(a) \51\ 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.
---------------------------------------------------------------------------
\51\ 5 U.S.C. 5921 note.
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(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.\52\ 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,\53\ 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.\54\
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\52\ 22 U.S.C. 4171 note.
\53\ 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''.
\54\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
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(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.\55\
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\55\ 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 \49\ 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,\56\ 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 \57\ 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,\54\ or one
nonworld language at the next lowest proficiency level. Such
report shall also describe--
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\56\ 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''.
\57\ 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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(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.\58\ FOREIGN SERVICE PROMOTION PANELS.
It is the sense of the Congress that, to the greatest
extent possible, Foreign Service promotion panels should--
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\58\ 22 U.S.C. 4001 note.
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(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; \54\
(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.\59\ * * * [REPEALED--1994]
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\59\ 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 \60\
* * * * * * *
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\60\ For text of freestanding provisions in this part relating to
the United State Information Agency, see page 1501.
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PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS \61\
* * * * * * *
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\61\ For text of freestanding provisions in this part relating to
the Bureau of Educational and Cultural Affairs, see page 1504.
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PART C--VOICE OF AMERICA \62\
* * * * * * *
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\62\ For text of freestanding provisions in this part relating to
the Voice of America, see page 1506.
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PART D--TELEVISION BROADCASTING TO CUBA \63\
* * * * * * *
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\63\ For text of freestanding provisions in this part, the
Television Broadcasting to Cuba Act, see page 1737.
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TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \64\
* * * * * * *
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\64\ For text of freestanding provisions in this title relating to
the Board for International Broadcasting, see page 1720.
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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) \64\ $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);
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\64\ 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) \65\ $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);
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\65\ 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
2005, vol. I-A.
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(3) \66\ $450,000 for the fiscal year 1990 shall be
available to support United States participation in the
World Heritage Convention; and
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\66\ 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.
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(4) \67\ $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.
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\67\ 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''.
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SEC. 404.\68\ 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.
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\68\ 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''.
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SEC. 405.\69\ * * * [REPEALED--1991]
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\69\ 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.\70\ 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.
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\70\ 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. 1501A-104); 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,
including a separate listing of all plenary votes cast
by member countries of the United Nations in the
General Assembly on resolutions specifically related to
Israel that are opposed by the United States; \71\
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\71\ Sec. 534(k) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 3007) inserted ``, including a separate listing of
all plenary votes cast by member countries of the United Nations in the
General Assembly on resolutions specifically related to Israel that are
opposed by the United States'' after ``United States''.
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(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) \72\ Technical and Conforming Amendments.--The
following provisions of law are repealed:
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\72\ 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.\73\ 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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\73\ 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),\74\ 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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\74\ 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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\75\ Sec. 412 amended various Public Laws relating to the
International Boundary and Water Commission, United States and Mexico.
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SEC. 412.\75\ 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 \76\ 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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\76\ 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.\77\ 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.
---------------------------------------------------------------------------
\77\ 22 U.S.C. 287e note.
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(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 \76\ 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.\78\ 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--
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\78\ 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).
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(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.\79\
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\79\ 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,\76\ 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 \80\
* * * * * * *
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\80\ Title V amended sec. 404 of the Asia Foundation Act (Public
Law 98-164).
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TITLE VI--INTER-AMERICAN FOUNDATION \81\
* * * * * * *
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\81\ Title VI amended the Inter-American Foundation Act (title IV
of Public Law 91-175). For text, see Legislation on Foreign Relations
Through 2005, vol. I-A.
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TITLE VII--REFUGEE AND OTHER PROVISIONS
* * * * * * *
SEC. 702. TIBETAN AND BURMESE REFUGEES.
(a) \82\ 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.
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\82\ 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).
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(b) \82\, \83\ 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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\83\ 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
\76\ 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) \84\ 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.
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\84\ 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 \85\
SEC. 801. SHORT TITLE.
This title may be cited as the ``PLO Commitments Compliance
Act of 1989''.
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\85\ 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 1020.
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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''; \86\
---------------------------------------------------------------------------
\86\ 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) \87\ the President, following an attempted
terrorist attack upon a Tel Aviv beach on May 30, 1990,
suspended the United States dialogue with the PLO;
---------------------------------------------------------------------------
\87\ 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).
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(9) \87\ 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) \88\ 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.\89\
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\88\ 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).
\89\ 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 \90\ 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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\90\ 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
\91\ or every 180 days,,\92\ 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--
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\91\ 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.
\92\ 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 \93\ including actions or statements that contend
that the declared ``Palestinian state'' encompasses all
of Israel;
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\93\ 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.
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(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 \94\ commitments;
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\94\ 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''.
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(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; \95\
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\95\ 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).
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(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 \95\
(11) \95\ 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.\96\ SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES.
(a) Suspensions.--
---------------------------------------------------------------------------
\96\ 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 \97\ 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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\97\ 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) \98\ 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.
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\98\ Sec. 6(k) of the Export Administration Act has been
redesignated as sec. 6(n).
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(5) \99\ 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.
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\99\ 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.'', in Weekly Compilation of Presidential Documents, v. 25,
no. 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) \100\ Subparagraph (A) applies until--
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\100\ 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) \99\, \101\ 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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\101\ 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.\102\ 1001. INCREASING AMOUNT OF REWARDS FOR COMBATTING TERRORISM *
* *
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\102\ 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,\103\ a report
to the Congress assessing the merits of, and estimated
annual costs of, establishing such an Association of
Democratic Nations.
---------------------------------------------------------------------------
\103\ 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''.
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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 \104\ of the House of Representatives and the
Committee on Foreign Relations of the Senate which--
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\104\ 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) 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.
q. 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; Public Law
108-458 [Intelligence Reform and Terrorism Prevention Act of 2004; S.
2845], 118 Stat. 3638, approved December 17, 2004; and Public Law 108-
487 [Intelligence Authorization Act for Fiscal Year 2005; H.R. 4548],
118 Stat. 3939, approved December 23, 2004
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''.
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\1\ 22 U.S.C. 2651 note.
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(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.
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(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.
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\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.
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(3) \4\ For ``Representation Allowances'', $4,460,000
for the fiscal year 1988 and $4,549,000 for the fiscal
year 1989.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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--
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\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.
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(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;
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\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 paras. were waived for fiscal year
1989 by title III of the Department of State Appropriations Act, 1989
(Public Law 100-459; 102 Stat. 2204).
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(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.
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(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.
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\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]
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\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. 1501A-423), 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 secs. 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.
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\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.
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\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.
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\30\ 22 U.S.C. 4301 note.
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(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.
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\33\ 28 U.S.C. 1364 note.
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SEC. 139.\34\ 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.
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\34\ 1 U.S.C. 1126.
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(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.\35\ 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 \36\ of each year, a full and complete
report providing--
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\35\ 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. 1501A-470), requiring reports on
terrorist activity in which U.S. citizens were killed.
\36\ 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)(A) \37\ detailed assessments with respect to each
foreign country--
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\37\ Sec. 7102(d)(1) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777) struck out
``(1)'' and inserted in lieu thereof ``(1)(A)'', and redesignated
subparas. (A) through (C) as clauses (i) through (iii). Sec. 7102(d)(4)
of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(i) \37\ in which acts of international
terrorism occurred which were, in the opinion
of the Secretary, of major significance;
(ii) \37\ about which the Congress was
notified during the preceding five years
pursuant to section 6(j) of the Export
Administration Act of 1979; and
(iii) \37\ which the Secretary determines
should be the subject of such report; and \38\
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\38\ Sec. 7102(d)(1)(C) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777) inserted
``and'' at the end of subclause (iii) (as redesignated). Sec.
7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
Previously, 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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(B) \39\ detailed assessments with respect to each
foreign country whose territory is being used as a
sanctuary for terrorists or terrorist organizations;
---------------------------------------------------------------------------
\39\ Sec. 7102(d)(1)(D) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777) added para.
(B). Sec. 7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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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 have obtained or
developed, or to have attempted to obtain or develop,
weapons of mass destruction,\40\ 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,
any group designated by the Secretary as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),\41\
and any other known international terrorist group which
the Secretary determines should be the subject of such
report; \38\
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\40\ Sec. 701(a)(1)(A) of the Intelligence Authorization Act for
Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3961) inserted ``any
terrorist group known to have obtained or developed, or to have
attempted to obtain or develop, weapons of mass destruction,'' after
``during the preceding five years,''. Sec. 701(b) of that Act (118
Stat. 3962) provided the following:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 that is
submitted more than one year after the date of the enactment of this
Act.''.
\41\ Sec. 701(a)(1)(B) of the Intelligence Authorization Act for
Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3961) inserted ``any
group designated by the Secretary as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189),'' after ``Export Administration Act of 1979,''. Sec. 701(b) of
that Act (118 Stat. 3962) provided the following:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 that is
submitted more than one year after the date of the enactment of this
Act.''.
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(3) \38\ 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) \38\ 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)--\42\
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\42\ Sec. 7102(d)(2)(A)(i) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777) struck out
``subsection (a)(1)'' and inserted in lieu thereof ``subsection
(a)(1)(A)''. Sec. 7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(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; \43\
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\43\ Sec. 701(a)(2)(A) of the Intelligence Authorization Act for
Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3961) struck out
``and'' at the end of clause (iii); redesignated clause (iv) as clause
(v); and added a new clause (iv). Sec. 701(b) of that Act (118 Stat.
3962) provided the following:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 that is
submitted more than one year after the date of the enactment of this
Act.''.
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(iv) \43\ providing weapons of mass
destruction, or assistance in obtaining
or developing such weapons, to
terrorists or terrorist groups;
(v) \43\ 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; \44\
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\44\ Sec. 7102(d)(2)(A)(ii) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777) struck out
``and'' at the end of clause (v). Sec. 7102(d)(4) of that Act provided
the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(2) \45\ with respect to subsection (a)(1)(B)--
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\45\ Sec. 7102(d)(2) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3777)
redesignated para. (2) as para. (3), and added a new para. (2). Sec.
7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(A) the extent of knowledge by the government
of the country with respect to terrorist
activities in the territory of the country; and
(B) the actions by the country--
(i) to eliminate each terrorist
sanctuary in the territory of the
country;
(ii) to cooperate with United States
antiterrorism efforts; and
(iii) to prevent the proliferation of
and trafficking in weapons of mass
destruction in and through the
territory of the country;
(3) \45\, \46\ with respect to subsection
(a)(2), any--
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\46\ Sec. 701(a)(2)(B) of the Intelligence Authorization Act for
Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3961) sought to
redesignate subparas. (C), (D), and (E) as subparas. (D), (E), and (F),
and add a new subpara. (C). But the amendment was stated to be executed
in para. (2), overlooking its redesignation as para. (3), thus making
the amendment unexecutable. Para. (3) should probably read as follows,
noting the new subpara. (C):
``(3) with respect to subsection (a)(2), any--
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``(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) efforts by those groups to obtain or develop weapons of mass
destruction;
``(D) provision of diplomatic recognition or privileges by foreign
governments to those groups;
``(E) 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
``(F) efforts by the United States to eliminate international financial
support provided to those groups directly or provided in support of their
activities;''.
(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) \47\ provision of diplomatic recognition
or privileges by foreign governments to those
groups;
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\47\ 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 subpara. (C); struck out a period at the end
of subpara. (D), and inserted in lieu thereof ``; and''; and added a
new subpara. (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 \47\
(E) \47\ efforts by the United States to
eliminate international financial support
provided to those groups directly or provided
in support of their activities; \48\
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\48\ Sec. 7102(d)(2)(D) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3778) struck out
a period at the end of para. (3), as redesignated, and inserted in lieu
thereof a semicolon. Sec. 7102(d)(4) of that Act provided the
following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(4) \49\ a strategy for addressing, and where
possible eliminating, terrorist sanctuaries that shall
include--
---------------------------------------------------------------------------
\49\ Sec. 7102(d)(2)(E) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3778) added
paras. (4) and (5). Sec. 7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(A) a description of terrorist sanctuaries,
together with an assessment of the priorities
of addressing and eliminating such sanctuaries;
(B) an outline of strategies for disrupting
or eliminating the security provided to
terrorists by such sanctuaries;
(C) a description of efforts by the United
States to work with other countries in
bilateral and multilateral fora to address or
eliminate terrorist sanctuaries and disrupt or
eliminate the security provided to terrorists
by such sanctuaries; and
(D) a description of long-term goals and
actions designed to reduce the conditions that
allow the formation of terrorist sanctuaries;
and
(5) \49\ an update of the information contained in
the report required to be transmitted to Congress under
7120(b) of the 9/11 Commission Implementation Act of
2004.
(3) \50\ to the extent practicable, complete
statistical information on the number of individuals,
including United States citizens and dual nationals,
killed, injured, or kidnapped by each terrorist group
during the preceding calendar year; and
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\50\ As enacted; paras. (3) and (4) should probably read ``(6)''
and ``(7)'', respectively. Sec. 701(a)(2)(C) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
3961) added paras. (3) and (4) at the end of subsec. (b). Sec. 701(b)
of that Act (118 Stat. 3962) provided the following:
``(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 that is
submitted more than one year after the date of the enactment of this
Act.''.
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(4) \50\ an analysis, as appropriate, of trends in
international terrorism, including changes in
technology used, methods and targets of attack,
demographic information on terrorists, and other
appropriate information.
(c) Classification of Report.--
(1) Except as provided in paragraph (2),\51\ 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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\51\ 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) \52\ 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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\52\ 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).
---------------------------------------------------------------------------
(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; \53\
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\53\ Sec. 7102(d)(3) of Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3778) struck out
``and'' at the end of para. (2); struck out a period at the end of
para. (3) and inserted in lieu thereof a semicolon; and added paras.
(4) and (5). Sec. 7102(d)(4) of that Act provided the following:
``(4) Effective Date.--The amendments made by this subsection apply
with respect to the report required to be transmitted under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.''.
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(3) the term ``terrorist group'' means any group
practicing, or which has significant subgroups which
practice, international terrorism; \54\
(4) \54\ the terms ``territory'' and ``territory of
the country'' mean the land, waters, and airspace of
the country; and
(5) \54\ the terms ``terrorist sanctuary'' and
``sanctuary'' mean an area in the territory of the
country--
(A) that is used by a terrorist or terrorist
organization--
(i) to carry out terrorist
activities, including training,
fundraising, financing, and
recruitment; or
(ii) as a transit point; and
(B) the government of which expressly
consents to, or with knowledge, allows,
tolerates, or disregards such use of its
territory and is not subject to a determination
under--
(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)(A));
(ii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C.
2371(a)); or
(iii) section 40(d) of the Arms
Export Control Act (22 U.S.C. 2780(d)).
(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 \55\ 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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\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.
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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) \56\ * * *
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\56\ Sec. 142(a) amended sec. 8 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1621).
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(b) \57\ 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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\57\ 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.\58\ * * * [REPEALED--1993]
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\58\ 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.\59\ * * * [REPEALED--1993]
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\59\ 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.\60\ 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--
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\60\ 22 U.S.C. 4802 note.
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(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.\61\ 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.
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\61\ 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.\62\ 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.
---------------------------------------------------------------------------
\62\ 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.\63\ 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,\64\ the Secretary of
State, after consultation with the Director of Central
Intelligence, shall certify to the Committee on Foreign Affairs
\55\ of the House of Representatives and the Committee on
Foreign Relations of the Senate that--
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\63\ 22 U.S.C. 4851 note.
\64\ 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); \65\
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\65\ 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 para. (1); added ``and'' at the end of para. (2);
and added a new para. (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 \65\
(3) \65\ 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 \55\ 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.\66\ * * *
SEC. 162. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF CERTAIN
COUNTRIES AND ORGANIZATIONS.
(a) \67\ * * *
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\66\ 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.
\67\ 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.
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(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.\68\ COMMISSION TO STUDY FOREIGN SERVICE PERSONNEL SYSTEM.
In consultation with the Committee on Foreign Relations of
the Senate, the Committee on Foreign Affairs \55\ 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.\69\
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\68\ See also sec. 150 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 671).
\69\ 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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SEC. 172.\70\ PROTECTION OF CIVIL SERVICE EMPLOYEES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\70\ 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) \71\ * * *
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\71\ 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.\72\ PERFORMANCE PAY.
(a) Review of Performance Pay Programs.--
---------------------------------------------------------------------------
\72\ 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) \73\ * * *
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\73\ Sec. 177(a) amended sec. 401(a) of the Foreign Service Act of
1980 (Public Law 96-465; 22 U.S.C. 3961(a)).
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(b) \74\ * * *
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\74\ Sec. 177(b) amended sec. 302(b) of the Foreign Service Act of
1980 (Public Law 96-465; 22 U.S.C. 3942(b)).
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(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) \75\ Compensation.--Chapter 53 of title 5 of the United
States Code is amended--
---------------------------------------------------------------------------
\75\ 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) \76\ * * *
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\76\ 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.\77\ 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--
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\77\ 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,\78\ 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:
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\78\ 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 \79\ 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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\79\ 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) \80\ * * *
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\80\ Subsec. (a) added a new title III to the State Department
Basic Authorities Act of 1956 (Public Law 84-885; 70 Stat. 890).
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(b) Effective Date.--This section shall take effect 180
days after the date of enactment of this Act.
* * * * * * *
SEC. 188.\81\ * * *
TITLE II--THE UNITED STATES INFORMATION AGENCY \82\
* * * * * * *
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\81\ 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.
\82\ See page 1505 for text of freestanding provisions in this
title.
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TITLE III--EDUCATIONAL AND CULTURAL AFFAIRS \83\
* * * * * * *
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\83\ See page 1513 for text of freestanding provisions in this
title.
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TITLE IV--VOICE OF AMERICA \84\
* * * * * * *
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\84\ See page 1515 for text of freestanding provisions in this
title.
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TITLE V--THE BOARD FOR INTERNATIONAL BROADCASTING \85\
* * * * * * *
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\85\ Most of title V contained amendments to the Board for
International Broadcasting Act of 1973. For text of freestanding
provisions, see page 1722.
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TITLE VI--ASIA FOUNDATION \86\
* * * * * * *
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\86\ 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.\87\ PROBABLE EXEMPTIONS TO THE UNITED NATIONS EMPLOYEE HIRING
FREEZE.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\87\ 22 U.S.C. 287e note.
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(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) \88\ Sense of the Congress.--It is the sense of the
Congress that--
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\88\ 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) \88\ 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.\89\
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\89\ 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).
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(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.\90\ * * *
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\90\ 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 U.S. 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.
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SEC. 705.\91\ * * *
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\91\ 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.
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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.\92\ PROTECTION OF TYRE BY THE UNITED NATIONS INTERIM FORCE IN
LEBANON.
(a) Findings.--The Congress finds that--
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\92\ 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.
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(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.\93\ 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.
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\93\ 22 U.S.C. 287 note.
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SEC. 722.\93\ 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.\93\ 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.\93\ 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.\93\ 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; \94\
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\94\ The current rate of compensation at level IV of the Executive
Schedule is $143,000 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
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(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.\93\ 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.\93\ 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 \95\ the greater of--
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\95\ 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''.
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(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 \96\ 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.
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\96\ 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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(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.\93\ 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) \97\ 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.
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\97\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the ``Government Accountability Office'' and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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SEC. 729.\93\ TERMINATION OF THE COMMISSION.
The Commission shall cease to exist 60 days after submitting
its report pursuant to section 726.
SEC. 730.\93\ 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.\98\ Such
contribution may be made from the funds authorized to be
appropriated by section 104 for ``Migration and Refugee
Assistance''.
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\98\ 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.''.
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(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.\99\ * * *
* * * * * * *
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\99\ 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.
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SEC. 745.\100\ * * * [REPEALED--1994]
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\100\ 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).
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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 \101\
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.
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\101\ 22 U.S.C. 2656 note. For other legislation on international
narcotics control, see Legislation on Foreign Relations Through 2005,
vol. I-B.
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* * * * * * *
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) \102\ of the Foreign
Assistance Act of 1961) includes, as an objective to be pursued
by the mission--
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\102\ 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 sec. 481(i) shall be deemed to be a reference to sec. 481(e).
The text has been so amended.
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(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.\103\ PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON
CERTAIN GROUNDS. * * * [REPEALED--1990]
---------------------------------------------------------------------------
\103\ 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).
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SEC. 902.\104\ 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--
---------------------------------------------------------------------------
\104\ 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.\105\ 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.
---------------------------------------------------------------------------
\105\ 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) \106\ 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.
---------------------------------------------------------------------------
\106\ Sec. 308(g)(7)(C)(iii) of the Illegal Immigration Reformand
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.\107\ INDOCHINESE REFUGEE RESETTLEMENT.
(a) Findings.--It is the sense of the Congress that--
---------------------------------------------------------------------------
\107\ Legislation nearly identical to sec. 904 was enacted as the
Indochinese Refugee Resettlement and Protection Act of 1987 (sec.
101(a), title VIII, Continuing Appropriations Act for 1988; Public Law
100-202; 101 Stat. 1329-40).
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(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.\108\ AMERASIAN CHILDREN IN VIETNAM.
(a) Findings and Declarations.--The Congress makes the
following findings and declarations:
---------------------------------------------------------------------------
\108\ Subsec. (a), paras. (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; 101 Stat. 1329-42).
---------------------------------------------------------------------------
(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 \109\
* * * * * * *
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\109\ The text of title X, cited as the ``Anti-Terrorism Act of
1987'', may be found at page 1188.
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TITLE XI--GLOBAL CLIMATE PROTECTION \110\
* * * * * * *
---------------------------------------------------------------------------
\110\ The text of title XI, cited as the ``Global Climate
Protection Act of 1987'', may be found in Legislation on Foreign
Relations Through 2005, vol. IV, sec. L.
---------------------------------------------------------------------------
TITLE XII--REGIONAL FOREIGN RELATIONS MATTERS
PART A--SOVIET UNION AND EASTERN EUROPE
SEC. 1201.\111\ * * * [REPEALED--1993]
SEC. 1202.\112\ * * * [REPEALED--1993]
---------------------------------------------------------------------------
\111\ 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.
\112\ 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.\113\ * * * [REPEALED--1993]
---------------------------------------------------------------------------
\113\ 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.\114\ STATE SPONSORED HARASSMENT OF RELIGIOUS GROUPS.
---------------------------------------------------------------------------
\114\ 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.''.
---------------------------------------------------------------------------
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 \115\ the deep concern
and opposition of the United States with respect to
such activities; \116\
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\115\ 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''.
\116\ 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 \117\ 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 \118\
---------------------------------------------------------------------------
\117\ 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''.
\118\ 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 \119\ should be recognized;
and
---------------------------------------------------------------------------
\119\ 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.\120\ UNITED STATES POLICY ON ANGOLA.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\120\ 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 2005, 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.\121\ * * * [REPEALED--1993]
---------------------------------------------------------------------------
\121\ 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.\122\ * * * [REPEALED--1993]
---------------------------------------------------------------------------
\122\ 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.\123\ * * * [REPEALED--1993]
---------------------------------------------------------------------------
\123\ 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.
r. 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; and Public Law 107-228 [Foreign Relations Authorization Act,
Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
2002
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\
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\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; acquisition and maintenance of buildings
abroad--$337,000,000; emergencies in the diplomatic and consular
service--$4,400,000; and 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:
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``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.
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``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.
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``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.
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(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\
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\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
operations 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).
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(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\
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\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 Commissions) $10,800,000.
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(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\
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\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.
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(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\
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\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.
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(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\
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\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.
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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.
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\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.
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* * * * * * *
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).
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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.
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\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 Service Institute is now part of the George P.
Shultz National Foreign Affairs Training Center, as designated by sec.
1(b) of Public Law 107-132 (115 Stat. 2412). Previously, the Foreign
Service Institute was designated as the the Institution for Training,
pursuant to 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 \17\ 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.
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\19\ Para. (1) of subsec. (c) was redesignated subpara. (A) and new
subpara. (B) was added by sec. 135 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1331).
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(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.
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\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--
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\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.
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\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.\17\
(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.
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\23\ 22 U.S.C. 2697 note.
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(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.
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\24\ 8 U.S.C. 1182 note.
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(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.
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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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SEC. 133.\26\ EXTRADITION TREATIES.
---------------------------------------------------------------------------
\26\ 18 U.S.C. 3181 note.
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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]
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\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.
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\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 2005, 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.
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(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.
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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]
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\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.
---------------------------------------------------------------------------
(1) 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]
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\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.
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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\ * * *
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\39\ Subsec. (a) established a Department of State Inspector
General under the Inspector General Act of 1978.
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(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).
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(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 Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-829).
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(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).
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SEC. 155.\45\ * * * [REPEALED--1993]
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\45\ Sec. 804 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat.
2329) repealed sec. 155, relating to Soviet and international Communist
behavior.
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* * * * * * *
TITLE II--UNITED STATES INFORMATION AGENCY \46\
* * * * * * *
---------------------------------------------------------------------------
\46\ For freestanding provisions of this title, see page 1519.
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TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \47\
* * * * * * *
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\47\ Title III contained amendments to the Board for International
Broadcasting Act of 1973. For freestanding provisions of this title,
see page 1729.
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TITLE IV--THE ASIA FOUNDATION \48\
* * * * * * *
---------------------------------------------------------------------------
\48\ Title IV amended sec. 404 of the Asia Foundation Act.
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TITLE V--IRAN CLAIMS SETTLEMENT \49\
* * * * * * *
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\49\ For freestanding provisions of this title, see Legislation on
Foreign Relations Through 2005, vol. IV, sec. N.
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TITLE VI--UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES
\50\
* * * * * * *
---------------------------------------------------------------------------
\50\ For text of this title, see page 1608.
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TITLE VII--ARMS CONTROL AND DISARMAMENT \51\
* * * * * * *
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\51\ Title VII contained amendments to the Arms Control and
Disarmament Act. For freestanding provisions of this title, see vol.
II-B.
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TITLE VIII--MISCELLANEOUS PROVISIONS \52\
* * * * * * *
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\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. Freestanding 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.
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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 2005, 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\
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\55\ 55 Stat. 1600.
\56\ 59 Stat. 1031.
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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\
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\58\ 22 U.S.C. 3301 note.
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(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.
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(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;
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\60\ 11 UST 1632.
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(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]
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\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.
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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\
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\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.
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(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)).
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\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 sec. 481(e) shall be deemed to be a reference to sec. 489.
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(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''.
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(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\
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\66\ 5 U.S.C. 5101 et seq., 5331.
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(i) Termination.--The Caucus \63\ shall cease to exist on
September 30, 2005.\67\
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\67\ Sec. 684 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1411), struck out ``2002'' and
inserted in lieu thereof ``2005''. Previously, 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''; 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).
s. 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; and 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
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.
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(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\
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\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); and 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.
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(3) For ``International Commissions'', $23,207,000
for the fiscal year 1984 \5\ and $25,355,000 for the
fiscal year 1985.\6\
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\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\
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\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 an 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''.
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(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.
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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\ * * *
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\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 2005, vol. IV, sec. N.
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(b) \11\ There are authorized to be appropriate each fiscal
year $100,000,\12\ to be equally divided between delegations of
the Senate and the House of Representatives, to assist in \13\
meeting the expenses of the United States Group \14\ of the
British-American Parliamentary Group.\14\ Amounts appropriated
under this section are authorized to remain available until
expended.
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\11\ 22 U.S.C. 276l note.
\12\ Sec. 408(b)(4) of the Department of State and Related Agency
Appropriations Act, 2002 (title IV of Public Law 107-77; 115 Stat.
791), struck out ``$50,000'' and inserted in lieu thereof ``$100,000''.
\13\ 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''.
\14\ 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.
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(c) \15\ 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 Interparliamentary Group).
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\15\ 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. 1501A-459), struck out ``United States-European
Community Interparliamentary Group'' at the end of the sentence and
inserted in lieu thereof ``Transatlantic Legislators' Dialogue (United
States-European Union Interparliamentary 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.\16\ (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--
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\16\ 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 subpara. (3) and redesignated the subparas. that
follow. Subparas. (5), (6) and (7) were originally added as subparas.
(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 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, 2005 (division D of Public Law 108-447);
see secs. 534(d), 544, 547, and 550. See also sec. 555, restricting aid
unless the Secretary of State certifies that certain conditions have
been met pertaining to Palestinian statehood, sec. 558, prohibiting
assistance to the Palestinian Broadcasting Corporation, and sec. 559,
West Bank and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
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); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
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(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.\17\ (a) The Congress finds that--
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\17\ 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) \18\ 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.\19\ 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.\20\
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\18\ 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.''.
\19\ 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.''.
\20\ 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).
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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.\21\ * * * [Repealed--1994]
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\21\ 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.
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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) \22\ * * *
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\22\ 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.
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(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) \23\ * * *
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\23\ 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.
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(b) \24\ (1) Section 5944 of title 5, United States Code,
is repealed.
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\24\ 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.
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(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.\25\ (a) * * *
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\25\ 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).
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(b) * * *
(c) * * * [Repealed--1994]
DANGER PAY
Sec. 131.\26\ 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.''.
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\26\ 5 U.S.C. 5928 concerned danger pay allowances for United
States Government employees serving in certain foreign areas.
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* * * * * * *
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 \27\ 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.
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\27\ 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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UNITED STATES DIPLOMATIC RELATIONS WITH THE VATICAN
Sec. 134.\28\ 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.''.
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\28\ 22 U.S.C. 2656 note.
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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 \27\ 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 \29\
* * * * * * *
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\29\ For freestanding provisions of this title, see page 1523.
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TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \30\
* * * * * * *
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\30\ This title contained amendments to the Board for International
Broadcasting Act of 1973 and freestanding provisions. See page 1726.
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TITLE IV--THE ASIA FOUNDATION \31\
* * * * * * *
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\31\ Title IV is cited as the Asia Foundation Act. For text, see
page 1422.
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TITLE V--NATIONAL ENDOWMENT FOR DEMOCRACY \32\
* * * * * * *
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\32\ Title V is cited as the National Endowment for Democracy Act.
For text, see page 1615.
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TITLE VI--FOREIGN MISSIONS \33\
* * * * * * *
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\33\ Title VI contained amendments to the Diplomatic Relations Act
and to the State Department Basic Authorities Act of 1956. Freestanding
provisions in the title are cited as the Foreign Missions Amendments
Act of 1983.
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TITLE VII--INTERNATIONAL ENVIRONMENTAL PROTECTION \34\
* * * * * * *
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\34\ 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 2005, vol. IV, sec. L.
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TITLE VIII--RESEARCH AND TRAINING FOR EASTERN EUROPE AND THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION \35\
* * * * * * *
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\35\ Title VIII, formerly cited as the Soviet-Eastern European
Research and Training Act of 1983, was extensively amended by Public
Law 103-199.
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TITLE IX--UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL, AND
SCIENTIFIC COOPERATION \36\
* * * * * * *
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\36\ Title IX is cited as the United States-India Fund for
Cultural, Educational, and Scientific Cooperation Act.
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TITLE X--MISCELLANEOUS PROVISIONS
* * * * * * *
TERMINATION OF ASSISTANCE PROGRAMS FOR SYRIA
Sec. 1004.\37\ (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.
---------------------------------------------------------------------------
\37\ 22 U.S.C. 2346a note.
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(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,\38\ 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.
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\38\ 31 U.S.C. 1108.
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PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE IN KAMPUCHEA
Sec. 1005.\39\ (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.
---------------------------------------------------------------------------
\39\ 22 U.S.C. 2151 note.
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(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.\40\ 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.
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\40\ 50 U.S.C. 1546a.
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t. 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; and 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\
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\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 September 30, 1984; acquisition, operation, and
maintenance of buildings abroad--$17,655,000, to remain available until
September 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 September 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.
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(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\
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\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; and
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 September 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.
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(3) For ``International Commissions'', $19,808,000
for the fiscal year 1982 \5\ and $22,432,000 for the
fiscal year 1983.\6\
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\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 September 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 September 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\
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\7\ Foreign Assistance and Related Programs Appropriations Act,
1982 (Public Law 97-121; 95 Stat. 1652), provided the following:
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``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 (February 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.
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\12\ 22 U.S.C. 287c note.
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(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 U.S. 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 September 24, 1982 and made part of Public Law 97-377,
appropriated $1,700,000 for U.S. 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 September 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.
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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 freestanding provisions contained in this title,
see page 1528.
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TITLE IV--BOARD FOR INTERNATIONAL BROADCASTING \21\
* * * * * * *
---------------------------------------------------------------------------
\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.
* * * * * * *
u. 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 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; and 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;
and 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;
and international fisheries commissions--$8,038,000.
---------------------------------------------------------------------------
(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\
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\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 October 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.
---------------------------------------------------------------------------
(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 1532.
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TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \9\
* * * * * * *
---------------------------------------------------------------------------
\9\ Title III amended the Board for International Broadcasting Act
of 1973.
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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\
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\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.''.
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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.
v. 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 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--
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\1\ 22 U.S.C. 292a.
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(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]
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\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.
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* * * * * * *
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 January 19, 1979.
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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 January 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 U.S. 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
para. (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 paras. (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.
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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 February 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 February 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.
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\29\ 22 U.S.C. 2842 note.
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(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.
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\30\ 22 U.S.C. 2656 note.
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NUCLEAR-POWERED SATELLITES
Sec. 608.\31\ (a) The Congress finds that--
---------------------------------------------------------------------------
\31\ 22 U.S.C. 2656d note.
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(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]
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\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 January 19, 1979.
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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]
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\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 January 19, 1979.
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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.
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\34\ 22 U.S.C. 2151 note.
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(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]
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\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.
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(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--
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\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.
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(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.
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\37\ Para. (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.''.
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UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY
Sec. 612.\38\ (a) The Congress finds that--
---------------------------------------------------------------------------
\38\ 42 U.S.C. 7415 note.
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(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.
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(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.
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\40\ Sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299) repealed
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.
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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).
w. 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;
and 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\
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\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]
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\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).
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* * * * * * *
STRENGTHENING EDUCATIONAL EXCHANGE PROGRAMS
Sec. 107.\4\ The Congress finds that--
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\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.
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(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]
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\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.
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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.
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\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.
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(7) \7\ * * * [Repealed--1982]
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\7\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed
para. (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. The Secretary
submitted this report on January 31, 1978.
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(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\
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\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 1537.
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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.
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(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.
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\11\ Repealed by the Foreign Service Act of 1980.
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(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\
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\12\ This amendment to sec. 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.
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(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''.
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\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.
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(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.
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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.
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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.
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(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.
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\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.
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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 in
subsecs. (a) through (c) of sec. 509, codified the text at 37 U.S.C.
908, and removed it from session law. 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
subsec. (b)(2), which had required that the President report annually
on the implementation of the policy outlined in sec. 512.
---------------------------------------------------------------------------
Sec. 513.\25\ * * * [Repealed--1982]
---------------------------------------------------------------------------
\25\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed
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.
---------------------------------------------------------------------------
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.
x. 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; and 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 902.
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.
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(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.
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\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.''.
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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--
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\5\ The Supplemental Appropriations Act, 1977 (Public Law 95-26; 91
Stat. 89), appropriated $10,000,000, ``to remain available until
expended.''.
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(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\
* * * * * * *
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\10\ For text of this title, see page 1541.
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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.
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* * * * * * *
y. 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\ * * *
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\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.
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* * * * * * *
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.
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\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.
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z. 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]
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\1\ Sec. 505(a)(6) of Public Law 97-241 (96 Stat. 299) repealed
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. Pursuant to sec. 15, the Secretary
of State submitted a report on April 28, 1975, describing steps taken
to carry out these provisions.
aa. 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 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]
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\1\ Sec. 2205(5) of the Foreign Service Act of 1980 (Public Law 96-
465; 94 Stat. 2160) repealed sec. 6, as amended by Public Law 93-475.
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.
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* * * * * * *
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\
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\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.
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* * * * * * *
REIMBURSEMENT FOR DETAILED STATE DEPARTMENT PERSONNEL
Sec. 11.\6\ (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,\7\ 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,\8\ 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.\7\
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\6\ 22 U.S.C. 2685.
\7\ 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).
\8\ 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.
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(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.\9\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\9\ 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).
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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.
* * * * * * *
bb. 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 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''.
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* * * * * * *
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--
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\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.
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\8\ Sec. 4 of Public Law 93-126 (87 Stat. 452), changed the date to
June 30, 1975, from June 30, 1974.
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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.
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\9\ 22 U.S.C. 2824.
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(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.
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\11\ 22 U.S.C. 2826.
cc. Department of State Appropriations
(1) Department of State and Related Agency Appropriations Act, 2006
Partial text of Public Law 109-108 [Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat.
2290, approved November 22, 2005
AN ACT Making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, 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, 2006, and for other purposes, namely:
* * * * * * *
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(including transfer of funds)
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 by section 801 of the
United States Information and Educational Exchange Act of 1948;
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, $3,680,019,000:
Provided, That not to exceed 71 permanent positions and
$9,804,000 shall be for the Bureau of Legislative Affairs:
Provided further, 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 less than $334,000,000 shall be available only for public
diplomacy international information programs: Provided further,
That of the amount made available under this heading, not less
than $2,000,000 shall be for a contribution to the Scholar
Rescue Fund endowment: Provided further, That of the amount
made available under this heading, $3,000,000 shall be
available only for the operations of the Office on Right-Sizing
the United States Government Overseas Presence: Provided
further, That funds available under this heading may be
available for a United States Government interagency task force
to examine, coordinate and oversee United States participation
in the United Nations headquarters renovation project: 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 funds appropriated
under this heading are available, pursuant to 31 U.S.C.
1108(g), for the field examination of programs and activities
in the United States funded from any account contained in this
title.
In addition, not to exceed $1,469,000 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; 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,
$689,523,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$58,895,000, 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.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
For expenses relating to the modernization of the
information technology systems and networks of the Department
of State, $69,368,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$30,029,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (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, $431,790,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,281,000.
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, $9,390,000, to remain available until
September 30, 2007.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), 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 Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $598,800,000, 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,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $910,200,000, to
remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(including transfer of funds)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $10,000,000, 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
(including transfer of funds)
For the cost of direct loans, $712,000, 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, $607,000, which may be transferred
to and merged with funds in the ``Diplomatic and Consular
Programs'' account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $19,751,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $131,700,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS \1\
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, $1,166,212,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations budget for
the biennium 2006-2007 to exceed the revised United Nations
budget level for the biennium 2004-2005 of $3,695,480,000:
Provided further, 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.
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\1\ 22 U.S.C. 269a note.
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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,
$1,035,500,000, of which 15 percent shall remain available
until September 30, 2007: 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 and other appropriate committees
of the Congress are notified of the estimated cost and length
of the mission, the national interest that will be served, and
the planned exit strategy; (2) the Committees on Appropriations
and other appropriate committees of the Congress are notified
that the United Nations has taken appropriate measures to
prevent United Nations employees, contractor personnel, and
peacekeeping forces serving in any United Nations peacekeeping
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation,
and to hold accountable individuals who engage in such acts
while participating in the peacekeeping mission; and (3) 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 \2\ 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:
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\2\ 22 U.S.C. 269a note.
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SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$28,000,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $5,300,000, 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,\3\ $10,039,000, of which not to exceed
$9,000 shall be available for representation expenses incurred
by the International Joint Commission.
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\3\ For text, see Legislation on Foreign Relations Through 2005,
vol. III.
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INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$24,000,000: 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 the
Asia Foundation Act (22 U.S.C. 4402),\4\ $14,000,000, to remain
available until expended, as authorized.
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\4\ For text, see page 1422.
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CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For a grant to the Center for Middle Eastern-Western
Dialogue Trust Fund (22 U.S.C. 2078), $5,000,000 for operation
of the Center for Middle Eastern-Western Dialogue in Istanbul,
Turkey.
In addition, for necessary expenses of the Center for
Middle Eastern-Western Dialogue Trust Fund, the total amount of
the interest and earnings accruing to such Fund on or before
September 30, 2006, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
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),\5\ all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2006, 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.
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\5\ For text, see page 1634.
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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),\6\ all interest and earnings accruing to the Israeli
Arab Scholarship Fund on or before September 30, 2006, to
remain available until expended.
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\6\ For text, see page 1493.
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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,\7\ by grant to
the Center for Cultural and Technical Interchange Between East
and West in the State of Hawaii, $19,240,000: 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.
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\7\ For text, see page 1649.
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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,\8\ $75,000,000, to remain available until
expended.
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\8\ For text, see page 1615.
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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, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $641,450,000: Provided, That of the total amount in this
heading, 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 CAPITAL IMPROVEMENTS
For 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,
$10,893,000, 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
for 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 title 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
title 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 title
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) The Senior Policy Operating Group on
Trafficking in Persons, established under section 406 of
division B of Public Law 108-7 to coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons, shall
coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided in this or any other Act
shall be expended to perform functions that duplicate
coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 406 of
division B of Public Law 108-7.
Sec. 405. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 406. Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'': $5,000,000 shall be made
available for an endowment for the Center for Asian Democracy;
$100,000 shall be made available for a grant to the Center for
the Study of the Presidency for a public diplomacy initiative;
$300,000 shall be made available for a grant to Operation Smile
for a public diplomacy program; and $350,000 shall be made
available for a grant to MiraMed for programs to combat human
trafficking.
Sec. 407. Funds appropriated under this title for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 408.\9\ (a) Funds provided in this title for the
following accounts shall be made available for programs in the
amounts contained in the respective tables included in the
report accompanying this Act:
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\9\ See H. Conf. Rept. 109-272 of November 7, 2005, to accompany
H.R. 2862, for: Educational and Cultural Exchange Programs, p. 188;
National Endowment for Democracy, p. 194; International Broadcasting
Operations, p. 195; and Broadcasting Capital Improvements, p. 197.
---------------------------------------------------------------------------
``Educational and Cultural Exchange Programs''.
``National Endowment for Democracy''.
``International Broadcasting Operations''.
``Broadcasting Capital Improvements''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be
subject to the regular notification procedures in section 605
of this Act.
(c) \10\ The Secretary of State shall notify the Committees
on Appropriations 15 days in advance of recommending the
issuance of any license subject to Executive Order No. 13067.
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\10\ Executive Order 13067, issued November 3, 1997 (50 U.S.C. 1701
note), blocks Sudanese government property and prohibits transactions
in Sudan. For text, see Legislation on Foreign Relations Through 2005,
vol. III.
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Sec. 409. Notwithstanding any other provision of law, of
the funds appropriated or otherwise made available in this
title, not more than $1,035,500,000 shall be available for
payment to the United Nations for assessed and other expenses
of international peacekeeping activities.
Sec. 410. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by
striking ``October 1, 2005'' and inserting ``October 1, 2006''.
Sec. 411. None of the funds appropriated under this title
may be made available to pay any contribution of the United
States to the United Nations if the United Nations implements
or imposes any taxation on any United States persons.
Sec. 412. It is the sense of the Congress that the amount
of any loan for the renovation of the United Nations
headquarters building located in New York, New York, should not
exceed $600,000,000: Provided, That if any loan exceeds
$600,000,000, the Secretary of State shall notify the Congress
of the current cost of the renovation and cost containment
measures.
Sec. 413. None of the funds made available by this title
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 that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United
States Armed Forces under the command or operational control of
a foreign national; and (3) 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. 414. (a) None of the funds appropriated or otherwise
made available under this title 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 2006.
Sec. 415. (a) None of the funds appropriated or otherwise
made available under this title 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.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2006.
Sec. 416. (a) Except as provided in subsection (b), a
project to construct a diplomatic facility of the United States
may not include office space or other accommodations for an
employee of a Federal agency or department if the Secretary of
State determines that such department or agency has not
provided to the Department of State the full amount of funding
required by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted into
law by section 1000(a)(7) of Public Law 106-113 and contained
in appendix G of that Act; 113 Stat. 1501A-453), as amended by
section 629 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
Sec. 417. Ceilings and earmarks contained in this title
shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this title.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2006''.
TITLE V--RELATED AGENCIES \11\
* * * * * * *
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\11\ Titles V and VI are not part of the Department of State and
Related Agency Appropriations Act, 2006, but directly follow it in the
Science, State, Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (beginning at 119 Stat. 2328). The foreign relations-related
paragraphs of those two titles are presented here.
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Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99-83.\12\
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\12\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
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* * * * * * *
Commission on International Religious Freedom
SALARIES AND EXPENSES
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),\13\ $3,300,000, to remain available until September
30, 2007.
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\13\ For text, see page 1274.
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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,\14\
$2,030,000, to remain available until September 30, 2007.
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\14\ For text, see page 1755.
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Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as
authorized,\15\ $1,900,000, including not more than $3,000 for
the purpose of official representation, to remain available
until September 30, 2007.
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\15\ For text of the U.S.-China Relations Act of 2000 (Public Law
106-286), see Legislation on Foreign Relations Through 2005, vol. III.
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* * * * * * *
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission,\16\ $3,000,000, including not
more than $5,000 for the purpose of official representation, to
remain available until September 30, 2007.
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\16\ See sec. 1238 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 22 U.S.C.
7002 and notes), in Legislation on Foreign Relations Through 2005, vol.
I-B.
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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,\17\ $22,350,000, to remain available until September 30,
2007.
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\17\ For text of Public Law 98-525, see beginning at page 1003.
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United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448),\18\ $150,000, to remain
available until September 30, 2007.
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\18\ For text, see Legislation on Foreign Relations Through 2005,
vol. IV.
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TITLE VI--GENERAL PROVISIONS \11\
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
* * * * * * *
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices; (6) reorganizes,
programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2006, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
* * * * * * *
Sec. 608. The Departments of Commerce, Justice, and State,
the Broadcasting Board of Governors, the National Science
Foundation, the National Aeronautics and Space Administration,
the Federal Communications Commission, the Securities and
Exchange Commission and the Small Business Administration shall
provide to the Committees on Appropriations of the Senate and
of the House of Representatives a quarterly accounting of the
cumulative balances of any unobligated funds that were received
by such agency during any previous fiscal year.
Sec. 610. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
* * * * * * *
Sec. 616. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
* * * * * * *
Sec. 618. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the development
and interdepartmental coordination of the policies of the
United States with respect to the international negotiations
and agreements referred to in this section.
* * * * * * *
Sec. 624. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 625. Of the amounts made available in this Act,
$393,616,321 from ``Department of State''; $27,938,072 from
``Department of Justice''; $14,107,754 from ``Department of
Commerce''; $426,314 from ``United States Trade
Representative''; $575,116 from ``Broadcasting Board of
Governors''; $291,855 from ``National Aeronautics and Space
Administration''; and $79,754 from ``National Science
Foundation'' shall be available for the purposes of
implementing the Capital Security Cost Sharing program.
Sec. 626. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments as
provided for in subchapter II of chapter 35 of title 5, United
States Code, unless the Administrator of NASA has first
certified to Congress that such payments would not result in
the loss of skills related to the safety of the Space Shuttle
or the International Space Station or to the conduct of
independent safety oversight in the National Aeronautics and
Space Administration.
* * * * * * *
Sec. 630. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR Sec. 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 631. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
* * * * * * *
Sec. 634. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 635. (a) Modification of Responsibilities.--
Notwithstanding any provision of section 1238 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(22 U.S.C. 7002),\19\ or any other provision of law, the United
States-China Economic and Security Review Commission
established by subsection (b) of that section shall investigate
and report exclusively on each of the following areas:
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\19\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-B.
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(1) Proliferation practices.--The role of the
People's Republic of China in the proliferation of
weapons of mass destruction and other weapons
(including dual use technologies), including actions
the United States might take to encourage the People's
Republic of China to cease such practices.
(2) Economic transfers.--The qualitative and
quantitative nature of the transfer of United States
production activities to the People's Republic of
China, including the relocation of high technology,
manufacturing, and research and development facilities,
the impact of such transfers on United States national
security, the adequacy of United States export control
laws, and the effect of such transfers on United States
economic security and employment.
(3) Energy.--The effect of the large and growing
economy of the People's Republic of China on world
energy supplies and the role the United States can play
(including through joint research and development
efforts and technological assistance) in influencing
the energy policy of the People's Republic of China.
(4) Access to united states capital markets.--The
extent of access to and use of United States capital
markets by the People's Republic of China, including
whether or not existing disclosure and transparency
rules are adequate to identify People's Republic of
China companies engaged in harmful activities.
(5) Regional economic and security impacts.--The
triangular economic and security relationship among the
United States, Taipei, and the People's Republic of
China (including the military modernization and force
deployments of the People's Republic of China aimed at
Taipei), the national budget of the People's Republic
of China, and the fiscal strength of the People's
Republic of China in relation to internal instability
in the People's Republic of China and the likelihood of
the externalization of problems arising from such
internal instability.
(6) United states-china bilateral programs.--Science
and technology programs, the degree of non-compliance
by the People's Republic of China with agreements
between the United States and the People's Republic of
China on prison labor imports and intellectual property
rights, and United States enforcement policies with
respect to such agreements.
(7) World trade organization compliance.--The
compliance of the People's Republic of China with its
accession agreement to the World Trade Organization
(WTO).
(8) Freedom of expression.--The implications of
restrictions on speech and access to information in the
People's Republic of China for its relations with the
United States in the areas of economic and security
policy.
(b) Applicability of Federal Advisory Committee Act.--
Subsection (g) of section 1238 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 is amended to
read as follows:
``(g) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Commission.''.
* * * * * * *
Sec. 637. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations
if such commission is chaired or presided over by a country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)),\20\ has provided
support for acts of international terrorism.
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\20\ For text, see Legislation on Foreign Relations Through 2005,
vol. III.
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(rescission)
Sec. 638. (a) There is hereby rescinded an amount equal to
0.28 percent of the budget authority provided for in fiscal
year 2006 for any discretionary account in this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
TITLE VII--RESCISSIONS
* * * * * * *
This Act may be cited as the ``Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006''.
(2) Emergency Supplemental Appropriations Act To Address Hurricanes in
the Gulf of Mexico and Pandemic Influenza, 2006
Partial text of Public Law 109-148 [Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006; H.R. 2863], 119 Stat. 2680,
approved December 30, 2005
AN ACT Making appropriations for the Department of Defense for the
fiscal year ending September 30, 2006, 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
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF
OF MEXICO AND PANDEMIC INFLUENZA, 2006
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, to address
hurricanes in the Gulf of Mexico and pandemic influenza for the
fiscal year ending September 30, 2006, and for other purposes,
namely:
* * * * * * *
TITLE II
EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA
* * * * * * *
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'' to support avian influenza country coordination,
development of an avian influenza response plan, diplomatic
outreach, and health support of United States Government
employees, Peace Corps volunteers, and eligible family members
stationed abroad, $16,000,000, to remain available until
expended, of which $1,100,000 shall be transferred to and
merged with appropriations for the Peace Corps: Provided, That
funds appropriated by this paragraph may be obligated and
expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956: Provided further, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the
Diplomatic and Consular Service'' for emergency evacuation
support of United States Government personnel, Peace Corps
volunteers, and dependents in regions affected by the avian
influenza, $15,000,000, to remain available until expended:
Provided, That funds appropriated by this paragraph may be
obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956: Provided further,
That notwithstanding section 402 of Public Law 109-108, upon a
determination by the Secretary of State that circumstances
related to the avian influenza require additional funding for
activities under this heading, the Secretary of State may
transfer such amounts to ``Emergencies in the Diplomatic and
Consular Service'' from available appropriations for the
current fiscal year for the Department of State as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be
treated as a reprogramming of funds under section 605 of Public
Law 109-108 and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section, except that the Committees on Appropriations
shall be notified not less than 5 days in advance of any such
reprogramming: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
TITLE III
RESCISSIONS AND OFFSETS
* * * * * * *
CHAPTER 6
* * * * * * *
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(rescission)
Of the unobligated balances available under this heading,
$10,000,000 are rescinded.
embassy security, construction, and maintenance
(rescission)
Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
* * * * * * *
CHAPTER 8
GOVERNMENT-WIDE RESCISSIONS
Sec. 3801. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 1 percent of--
(1) the budget authority provided (or obligation
limit imposed) for fiscal year 2006 for any
discretionary account of this Act and in any other
fiscal year 2006 appropriation Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2006 for any
discretionary account in any prior fiscal year
appropriation Act; and
(3) the contract authority provided in fiscal year
2006 for any program subject to limitation contained in
any fiscal year 2006 appropriation Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been
designated pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the
budget for fiscal year 2006; or
(2) to discretionary authority appropriated or
otherwise made available to the Department of Veterans
Affairs.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
* * * * * * *
TITLE V
GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
Sec. 5001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 5002. Except as expressly provided otherwise, any
reference to ``this Act'' contained in either division A or
division B shall be treated as referring only to the provisions
of that division.
Sec. 5003. Effective upon the enactment of this Act, none
of the funds appropriated or otherwise made available by the
2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States
(Public Law 107-38) shall be transferred to or from the
Emergency Response Fund.
* * * * * * *
Sec. 5025. Effective upon the enactment of this Act, none
of the funds appropriated or otherwise made available by the
2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States
(Public Law 107-38) shall be transferred to or from the
Emergency Response Fund.
This division may be cited as the ``Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006''.
* * * * * * *
This Act may be cited as the ``Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006''.
(3) Department of State and Related Agency Appropriations Act, 2005
Partial text of Public Law 108-447 [Consolidated Appropriations Act,
2005; H.R. 4818], 118 Stat. 2809 at 2895, approved December 8, 2004
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2005, 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--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
* * * * * * *
Beginning \1\ in fiscal year 2005 and thereafter, the
Secretary of State is authorized to charge surcharges related
to consular services in support of enhanced border security
that are in addition to the passport and immigrant visa fees in
effect on January 1, 2004: Provided, That funds collected
pursuant to this authority shall be credited to this account,
and shall be available until expended for the purposes of such
account: Provided further, That such surcharges shall be $12 on
passport fees, and $45 on immigrant visa fees.
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\1\ 8 U.S.C. 1714.
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* * * * * * *
General Provisions--Department of State and Related Agency
* * * * * * *
Sec. 408.\2\ There is established within the Department of
State the Office of the Coordinator for Reconstruction and
Stabilization: Provided, That the head of the Office shall be
the Coordinator for Reconstruction and Stabilization, who shall
report directly to the Secretary of State: Provided further,
That the functions of the Office of the Coordinator for
Reconstruction and Stabilization shall include--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2651a note.
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(1) cataloguing and monitoring the non-military
resources and capabilities of Executive agencies (as
that term is defined in section 105 of title 5, United
States Code), State and local governments, and entities
in the private and non-profit sectors that are
available to address crises in countries or regions
that are in, or are in transition from, conflict or
civil strife;
(2) monitoring political and economic instability
worldwide to anticipate the need for mobilizing United
States and international assistance for countries or
regions described in paragraph (1);
(3) assessing crises in countries or regions
described in paragraph (1) and determining the
appropriate non-military United States, including but
not limited to demobilization, policing, human rights
monitoring, and public information efforts;
(4) planning for response efforts under paragraph
(3);
(5) coordinating with relevant Executive agencies the
development of interagency contingency plans for such
response efforts; and
(6) coordinating the training of civilian personnel
to perform stabilization and reconstruction activities
in response to crises in such countries or regions
described in paragraph (1).
Sec. 409.\3\ (a) The Secretary of State shall require each
chief of mission to review, not less than once every 5 years,
every staff element under chief of mission authority, including
staff from other departments or agencies of the United States,
and recommend approval or disapproval of each staff element.
Each such review shall be conducted pursuant to a process
established by the President for determining appropriate
staffing at diplomatic missions and overseas constituent posts
(commonly referred to as the ``NSDD-38 process'').
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3927a.
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(b) The Secretary of State, as part of the process
established by the President referred to in subsection (a),
shall take actions to carry out the recommendations made in
each such review.
(c) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary of State shall
submit a report on such reviews that occurred during the
previous 12 months, together with the Secretary's
recommendations regarding such reviews to the appropriate
committees of Congress, the heads of all affected departments
or agencies, and the Inspector General of the Department of
State.
* * * * * * *
(4) Department of State and Related Agency Appropriations Act, 2004
Partial text of Public Law 108-199 [Consolidated Appropriations Act,
2004; H.R. 2673], 118 Stat. 3, approved January 23, 2004
AN ACT Making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2004, 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--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2004
AN ACT Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:
* * * * * * *
TITLE VI--GENERAL PROVISIONS \1\
(including rescissions)
* * * * * * *
---------------------------------------------------------------------------
\1\ Title VI is not part of the Department of State and Related
Agency Appropriations Act, 2004, but directly follows it in the
Consolidated Appropriations Act, 2004 (beginning at 118 Stat. 87). A
foreign relations-related paragraph of this title codified into
permanent law is presented here.
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Sec. 633.\2\ (a) There is established in the Treasury of
the United States a trust fund to be known as the International
Center for Middle Eastern-Western Dialogue Trust Fund. The
income from the fund shall be used for operations of the
International Center for Middle Eastern-Western Dialogue to
promote dialogue and scholarship in the Middle East. The fund
may accept contributions and gifts from public and private
sources.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2078.
---------------------------------------------------------------------------
(b) It shall be the duty of the Secretary of the Treasury
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 and shall remain available without fiscal year
limitation.
(c) For each fiscal year, there is authorized to be
appropriated from the fund for the operations of the
International Center for Middle Eastern-Western Dialogue the
total amount of the interest and earnings credited to the fund
under subsection (b).
(d) There are authorized to be appropriated to the
International Center for Middle Eastern-Western Dialogue Trust
Fund, without fiscal year limitation, such sums as may be
necessary to carry out the provisions of this section and to
provide for the permanent endowment for the International
Center for Middle Eastern-Western Dialogue established under
this section.
(e) The United States, through the Department of State,
shall retain ownership of the Palazzo Corpi building in
Istanbul, Turkey, and the Secretary of State shall be
responsible for maintaining the International Center for Middle
Eastern-Western Dialogue at such location.
(f) Section 1321(a) of title 31, United States Code, is
amended * * *
* * * * * * *
Sec. 637.\3\ (a) This section may be cited as the ``HELP
Commission Act''. * * *
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2394b. For text, see Legislation on Foreign Relations
Through 2005, vol. I-A.
---------------------------------------------------------------------------
* * * * * * *
(5) Department of State and Related Agency Appropriations Act, 2003
Partial text of Public Law 108-7 [Consolidated Appropriations
Resolution, 2003; H.J. Res. 2], 117 Stat. 11 at 86, approved February
20, 2003
JOINT RESOLUTION Making consolidated appropriations for the fiscal year
ending September 30, 2003, and for other purposes.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
* * * * * * *
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
* * * * * * *
General Provisions--Department of State and Related Agency
* * * * * * *
Sec. 406.\1\ (a) The Interagency Task Force to Monitor and
Combat Trafficking shall establish a Senior Policy Operating
Group.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7103 note.
---------------------------------------------------------------------------
(b) The Operating Group shall consist of the senior
officials designated as representatives of the appointed
members of the President's Interagency Task Force to Monitor
and Combat Trafficking in Persons (established under Executive
Order No. 13257 of February 13, 2002).
(c) The Operating Group shall coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons and the
implementation of this division.
(d) The Operating Group shall fully share information
regarding agency plans, before and after final agency decisions
are made, on all matters regarding grants, grant policies, and
other significant actions regarding the international
trafficking of persons and the implementation of this division.
(e) The Operating Group shall be chaired by the Director of
the Office to Monitor and Combat Trafficking of the Department
of State.
(f) The Operating Group shall meet on a regular basis at
the call of the chair.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2003''.
* * * * * * *
(6) 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 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. (a) * * *
(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. 414 of the Department of State and Related Agency
Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
2327), provided the following:
``Sec. 414. (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 2006.''.
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(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.\2\ (a) None of the funds appropriated or
otherwise made available in this Act shall be used to issue
visas to any person who--
---------------------------------------------------------------------------
\2\ Sec. 415 of the Department of State and Related Agency
Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
2327), provided the following:
``Sec. 415. (a) None of the funds appropriated or otherwise made
available under this title 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.
``(b) the requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2006.''.
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(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 \3\ 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; \3\
---------------------------------------------------------------------------
\3\ Sec. 618(b) of appendix A of Public Law 106-113 (113 Stat.
1501A-55) 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 also 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. 2762A-106)
provided that ``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.''.
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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.
* * * * * * *
(7) 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. 1501A-435), 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 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.''.
---------------------------------------------------------------------------
(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.
* * * * * * *
(8) 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; 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; and 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
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--
* * * * * * *
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\ Formerly at 22 U.S.C. 276 note. Sec. 303 provided
appropriations for various parliamentary conferences and
interparliamentary unions in which the United States participated. For
text of legislation cited here, see Legislation on Foreign Relations
Through 2005, 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 United 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. 408(a) of the Department of State and Related Agency
Appropriations Act, 2002 (title IV of Public Law 107-77; 115 Stat. 790)
sought to raise the appropriations available under this section to
$620,000, by striking out ``$440,000'' and inserting in lieu thereof
``$620,000''. The amendment is not executable, however, taking into
consideration the amendment enacted in sec. 2503(c)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1998 and 1999.
Previously, 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, 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, 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 2000 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. 1501A-
405, approved November 29, 1999; 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; Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002; Public Law 108-447
[Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809,
approved December 8, 2004; Public Law 108-458 [Intelligence Reform
and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638,
approved December 17, 2004; Public Law 109-140 [H.R. 4436], 119
Stat. 2650, approved December 22, 2005; and Public Law 109-164
[Trafficking Victims Protection Reauthorization Act of 2005; H.R.
972], 119 Stat. 3558, approved January 10, 2006
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............................................... 707
Sec. 2. Table of contents......................................... 707
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
Chapter 1--General Provisions
Sec. 101. Findings and objectives................................. 710
Sec. 102. Definitions............................................. 712
Sec. 103. Members of the Service.................................. 713
Sec. 104. Functions of the Service................................ 713
Sec. 105. Merit principles; protections for members of the
Service; and minority recruitment............................. 714
Chapter 2--Management of the Service
Sec. 201. The Secretary of State.................................. 716
Sec. 202. Other agencies utilizing the Foreign Service personnel
system........................................................ 716
Sec. 203. Compatibility among agencies utilizing the Foreign
Service personnel system...................................... 717
Sec. 204. Consolidated and uniform administration of the Service.. 717
Sec. 205. Compatibility between the Foreign Service and other
Government personnel systems.................................. 717
Sec. 206. Regulations; delegation of functions.................... 717
Sec. 207. Chief of mission........................................ 717
Sec. 208. Director General of the Foreign Service................. 718
Sec. 209. Inspector General....................................... 718
Sec. 210. Board of the Foreign Service............................ 723
Sec. 211. Board of Examiners for the Foreign Service.............. 723
Chapter 3--Appointments
Sec. 301. General provisions relating to appointments............. 724
Sec. 302. Appointments by the President........................... 724
Sec. 303. Appointments by the Secretary........................... 725
Sec. 304. Appointment of chiefs of mission........................ 725
Sec. 305. Appointment to the Senior Foreign Service............... 726
Sec. 306. Career appointments..................................... 727
Sec. 307. Entry levels for Foreign Service officer candidates..... 728
Sec. 308. Recall and reemployment of career members............... 728
Sec. 309. Limited appointments.................................... 728
Sec. 310. Reemployment rights following limited appointment....... 729
Sec. 311. United States citizens hired abroad..................... 729
Sec. 312. Diplomatic and consular commissions..................... 730
Chapter 4--Compensation
Sec. 401. Salaries of chiefs of mission........................... 730
Sec. 402. Salaries of the Senior Foreign Service.................. 731
Sec. 403. Foreign Service Schedule................................ 732
Sec. 404. Assignment to a salary class............................ 733
Sec. 405. Performance pay......................................... 733
Sec. 406. Within-class salary increases........................... 735
Sec. 407. Salaries for Foreign Service personnel abroad who
perform routine duties........................................ 735
Sec. 408. Local compensation plans................................ 736
Sec. 409. Salaries of consular agents............................. 738
Sec. 410. Compensation for imprisoned foreign national employees.. 738
Sec. 411. Temporary service as principal officer.................. 739
Sec. 412. Special differentials................................... 739
Sec. 413. Death gratuity.......................................... 740
Sec. 414. Border equalization pay adjustment...................... 740
Chapter 5--Classification of Positions and Assignments
Sec. 501. Classification of positions............................. 741
Sec. 502. Assignments to Foreign Service positions................ 741
Sec. 503. Assignments to agencies, international organizations,
and other bodies.............................................. 742
Sec. 504. Service in the United States and abroad................. 743
Sec. 505. Temporary details....................................... 743
Chapter 6--Promotion and Retention
Sec. 601. Promotions.............................................. 744
Sec. 602. Selection boards........................................ 745
Sec. 603. Basis for selection board review........................ 746
Sec. 604. Confidentiality of records.............................. 747
Sec. 605. Implementation of selection board recommendations....... 747
Sec. 606. Other bases for increasing pay.......................... 747
Sec. 607. Retirement for expiration of time in class.............. 748
Sec. 608. Retirement based on relative performance................ 749
Sec. 609. Retirement benefits..................................... 749
Sec. 610. Separation for cause.................................... 751
Sec. 611. Reductions in force..................................... 752
Sec. 612. Termination of limited appointments..................... 752
Sec. 613. Termination of appointments of consular agents and
foreign national employees.................................... 752
Sec. 614. Foreign Service awards.................................. 753
Chapter 7--Career Development, Training, and Orientation
Sec. 701. Institute for Training.................................. 753
Sec. 702. Foreign language requirements........................... 755
Sec. 703. Career development...................................... 756
Sec. 704. Training authorities.................................... 756
Sec. 705. Training grants......................................... 758
Sec. 706. Career counseling....................................... 758
Sec. 707. Visiting Scholars Program............................... 758
Sec. 708. Training for Foreign Service Officers................... 759
Chapter 8--Foreign Service Retirement and Disability
subchapter i--foreign service retirement and disability system
Sec. 801. Administration of the System............................ 760
Sec. 802. Maintenance of the Fund................................. 760
Sec. 803. Participants............................................ 761
Sec. 804. Definitions............................................. 761
Sec. 805. Contributions to the Fund............................... 765
Sec. 806. Computation of annuities................................ 770
Sec. 807. Payment of annuity...................................... 777
Sec. 808. Retirement for disability or incapacity................. 779
Sec. 809. Death in service........................................ 781
Sec. 810. Discontinued service retirement......................... 783
Sec. 811. Voluntary retirement.................................... 783
Sec. 812. Mandatory retirement.................................... 784
Sec. 813. Reassignment and retirement of former Presidential
appointees.................................................... 785
Sec. 814. Former spouses.......................................... 785
Sec. 815. Lump-sum payments....................................... 789
Sec. 816. Creditable service...................................... 791
Sec. 817. Extra credit for service at unhealthful posts........... 795
Sec. 818. Estimate of appropriations needed....................... 796
Sec. 819. Investment of the Fund.................................. 796
Sec. 820. Assignment and attachment of moneys..................... 796
Sec. 821. Payments for future benefits............................ 797
Sec. 822. Unfunded liability obligations.......................... 798
Sec. 823. Annuity adjustment for recall service................... 798
Sec. 824. Reemployment............................................ 799
Sec. 825. Voluntary contributions................................. 800
Sec. 826. Cost-of-living adjustments of annuities................. 801
Sec. 827. Compatibility between civil service and Foreign Service
retirement systems............................................ 803
Sec. 828. Remarriage.............................................. 804
Sec. 829. Thrift Savings Fund participation....................... 804
Sec. 830. Qualified former wives and husbands..................... 804
Sec. 830. Retirement benefits for certain former spouses.......... 805
Sec. 831. Retirement benefits for certain former spouses.......... 807
Sec. 831. Survivor benefits for certain former spouses............ 808
Sec. 832. Survivor benefits for certain former spouses............ 810
Sec. 832. Health benefits for certain former spouses.............. 811
Sec. 833. Health benefits for certain former spouses.............. 812
subchapter ii--foreign service pension system
Sec. 851. Establishment........................................... 813
Sec. 852. Definitions............................................. 814
Sec. 853. Participants............................................ 815
Sec. 854. Creditable service...................................... 816
Sec. 855. Entitlement to annuity.................................. 818
Sec. 856. Deductions and withholdings from pay.................... 820
Sec. 857. Government contributions................................ 821
Sec. 858. Cost-of-living adjustments.............................. 821
Sec. 859. General and administrative provisions................... 821
Sec. 860. Transition provisions................................... 822
Sec. 861. Former spouses.......................................... 822
Sec. 862. Spousal agreements...................................... 824
Chapter 9--Travel, Leave, and Other Benefits
Sec. 901. Travel and related expenses............................. 825
Sec. 902. Loan of household effects............................... 828
Sec. 903. Required leave in the United States..................... 828
Sec. 904. Health care............................................. 828
Sec. 905. Representation expenses................................. 830
Sec. 906. Entitlement to vote in a State in a Federal Election.... 830
Chapter 10--Labor-Management Relations
Sec. 1001. Labor-management policy................................ 830
Sec. 1002. Definitions............................................ 831
Sec. 1003. Application............................................ 833
Sec. 1004. Employee rights........................................ 833
Sec. 1005. Management rights...................................... 833
Sec. 1006. Foreign Service Labor Relations Board.................. 834
Sec. 1007. Functions of the Board................................. 835
Sec. 1008. Functions of the General Counsel....................... 836
Sec. 1009. Judicial review and enforcement........................ 836
Sec. 1010. Foreign Service Impasse Disputes Panel................. 837
Sec. 1011. Exclusive recognition.................................. 837
Sec. 1012. Employees represented.................................. 839
Sec. 1013. Representation rights and duties....................... 839
Sec. 1014. Resolution of implementation disputes.................. 841
Sec. 1015. Unfair labor practices................................. 841
Sec. 1016. Prevention of unfair labor practices................... 843
Sec. 1017. Standards of conduct for labor organizations........... 845
Sec. 1018. Administrative provisions.............................. 846
Chapter 11--Grievances
Sec. 1101. Definition of grievance................................ 848
Sec. 1102. Grievances concerning former members................... 849
Sec. 1103. Freedom of action...................................... 849
Sec. 1104. Time limitations....................................... 850
Sec. 1105. Foreign Service Grievance Board........................ 851
Sec. 1106. Board procedures....................................... 853
Sec. 1107. Board decisions........................................ 854
Sec. 1108. Access to records...................................... 857
Sec. 1109. Relationship to other remedies......................... 857
Sec. 1110. Judicial review........................................ 858
Chapter 12--Foreign Service Internship Program
Sec. 1201. Statement of policy; objectives........................ 859
Sec. 1202. Foreign service internship program..................... 859
Sec. 1203. Report to Congress..................................... 861
Sec. 1204. Authorization of appropriations........................ 861
TITLE II--TRANSITION, AMENDMENTS TO OTHER LAWS, AND MISCELLANEOUS
PROVISIONS
Chapter 1--Transition
Sec. 2101. Pay and benefits pending conversion.................... 862
Sec. 2102. Conversion to the Foreign Service Schedule............. 862
Sec. 2103. Conversion to the Senior Foreign Service............... 862
Sec. 2104. Conversion from the Foreign Service.................... 864
Sec. 2105. Conversion of certain positions in the Department of
Agriculture................................................... 865
Sec. 2106. Preservation of status and benefits.................... 865
Sec. 2107. Regulations............................................ 866
Sec. 2108. Authority of other agencies............................ 867
Sec. 2109. Survivor benefits for certain former spouses........... 867
Chapter 2--Provisions Relating to Foreign Affairs Agencies
Sec. 2201. Basic authorities of the Department of State........... 867
Sec. 2202. Peace Corps Act........................................ 867
Sec. 2203. Foreign Assistance Act................................. 867
Sec. 2204. Arms Control and Disarmament Act....................... 867
Sec. 2205. Repealed provisions.................................... 867
Sec. 2206. Other conforming amendments............................ 867
Sec. 2207. Model foreign language competence posts................ 868
Chapter 3--Amendments to Title 5, United States Code
* * * * * * *
Chapter 4--Saving Provisions, Congressional Oversight, and Effective
Date
Sec. 2401. Saving provisions...................................... 868
Sec. 2402. Congressional oversight of implementation.............. 869
Sec. 2403. Effective date......................................... 869
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 subsection 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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, 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.
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\7\ Sec. 185(a) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1365) amended and
restated para. (2).
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(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.
---------------------------------------------------------------------------
(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.
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\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.
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\11\ Sec. 332 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
439), 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.
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(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--
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\16\ 22 U.S.C. 3927.
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(1) shall have full responsibility for the direction,
coordination, and supervision of all Government
executive branch \17\ employees in that country (except
for Voice of America correspondents on official
assignment and \18\ employees under the command of a
United States area military commander); and
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\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).
\18\ Sec. 505(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1393) inserted ``Voice of
America correspondents on official assignment and'' after ``except
for''.
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(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 Voice of America correspondents on
official assignment and \18\ 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 Voice of
America correspondents on official assignment and \18\
employees under the command of a United States area military
commander) comply fully with all applicable directives of the
chief of mission.
(c) \19\ 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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\19\ Sec. 123 of Public Law 97-241 (96 Stat. 281) added subsec.
(c).
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SEC. 208.\20\ 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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\20\ 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.\21\ 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.\22\ 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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\21\ 22 U.S.C. 3929.
\22\ 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) \23\ The Inspector General shall develop and
provide to employees--
---------------------------------------------------------------------------
\23\ Sec. 2208(a) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-810), 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) \24\ Investigations.--
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\24\ Sec. 339(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-443), 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; \25\
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\25\ Sec. 339(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-443), 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) \25\ 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 \26\ 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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\26\ 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 \26\ 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) \27\ 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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\27\ Sec. 2208(b) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-810), 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.\28\ 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
\29\ and shall include one or more representatives of the
Department of State, the Broadcasting Board of Governors, the
Agency for International Development,\30\ 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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\28\ 22 U.S.C. 3930.
\29\ Sec. 153 of Public Law 99-93 (99 Stat. 405) struck out ``shall
be chaired by a career member of the Senior Foreign Service designated
by the Secretary of State'' and inserted in lieu thereof ``shall be
chaired by an individual appointed by the President''.
\30\ 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.\31\ 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.
---------------------------------------------------------------------------
\31\ 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.\32\ 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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\32\ 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.\33\
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\33\ Sec. 179(a) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331), added the
last sentence, to be effective with respect to tax years beginning
after December 31, 1987, pursuant to sec. 179(b) of that Act.
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Sec. 302.\34\ 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,\35\ as a minister, as a
career member of the Senior Foreign Service, or as a Foreign
Service officer.
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\34\ 22 U.S.C. 3942.
\35\ 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.\36\
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\36\ 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.\37\ 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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\37\ 22 U.S.C. 3943.
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Sec. 304.\38\ 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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\38\ 22 U.S.C. 3944. Sec. 208(b) of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1501A-422), 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.\39\ 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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\39\ 22 U.S.C. 3945. Sec. 324 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-437), provided the following:
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``sec. 324. placement of senior foreign service personnel.
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``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) \40\ (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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\40\ Sec. 119(a) of Public Law 99-93 (99 Stat. 412) added subsec.
(c).
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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) \41\ 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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\41\ Sec. 506(c)(1) of the Ethics Reform Act (Public Law 101-194;
103 Stat. 1759) inserted a second subsec. (c) to sec. 305. 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.\42\ 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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\42\ 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) \43\ 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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\43\ Sec. 181(c) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1363), added subsec.
(c). 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.\44\ 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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\44\ 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.\45\ 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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\45\ 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.\46\ Limited Appointments.--(a) \47\ 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),\47\ 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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\46\ 22 U.S.C. 3949.
\47\ 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) \47\ 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; \48\
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\48\ Sec. 180(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), struck
out ``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 \48\
(5) \48\ as a foreign national employee.
Sec. 310.\49\ 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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\49\ 22 U.S.C. 3950.
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Sec. 311.\50\ United States Citizens Hired Abroad--
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\50\ 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.
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
\51\ for benefits under chapter 8 of this Act, or under
chapters 83 or 84 of title 5, United States Code.
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\51\ 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.\52\ 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.
---------------------------------------------------------------------------
\52\ 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.\53\ Salaries of Chiefs of Mission.--(a) Except as
provided in section 302(b), each \54\ 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 be subject to the
limitation on certain payments under section 5307 of title 5,
United States Code, or the limitation under section 402(a)(3),
whichever is higher.\55\
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\53\ 22 U.S.C. 3961. For 2006 rates of pay under the Executive
Schedule, see Executive Order 13393 of December 22, 2005 (70 F.R.
76655).
\54\ 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 sec. 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 sec. 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.
\55\ Sec. 412(c) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905) struck out ``shall not exceed the annual rate of pay
payable for level I of such Executive Schedule'' and inserted in lieu
thereof ``shall be subject to the limitation on certain payments under
section 5307 of title 5, United States Code, or the limitation under
section 402(a)(3), whichever is higher''. Previously, 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.\56\ Salaries of the Senior Foreign Service.--
(a)(1) \57\ 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 ranges
of basic salary rates for each class. Except as provided in
paragraph (3), 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.\58\
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\56\ 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).
\57\ Sec. 412(a)(2) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905) struck out para. (2) and inserted in lieu thereof new
paras. (2) and (3). Previously, sec. 124 of Public Law 97-241 (96 Stat.
281) inserted the paragraph designation ``(1)'', added the second
sentence in para. (1), and inserted a new para. (2).
\58\ Sec. 412(a)(1) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905), struck out ``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.'' and inserted in lieu
thereof ``The President shall also prescribe ranges of basic salary
rates for each class. Except as provided in paragraph (3), 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.''.
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(2) \57\ The Secretary shall determine which basic salary
rate within the ranges prescribed by the President under
paragraph (1) shall be paid to each member of the Senior
Foreign Service based on individual performance, contribution
to the mission of the Department, or both, as determined under
a rigorous performance management system. Except as provided in
regulations prescribed by the Secretary and, to the extent
possible, consistent with regulations governing the Senior
Executive Service, 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.
(3) Upon a determination by the Secretary that the Senior
Foreign Service performance appraisal system, as designed and
applied, makes meaningful distinctions based on relative
performance--
(A) the maximum rate of basic pay payable for the
Senior Foreign Service shall be level II of the
Executive Schedule; \59\ and
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\59\ The current rate of compensation at level II of the Executive
Schedule is $165,200 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
---------------------------------------------------------------------------
(B) the applicable aggregate pay cap shall be
equivalent to the aggregate pay cap set forth in
section 5307(d)(1) of title 5, United States Code, for
members of the Senior Executive Service.
(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.\60\ 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 \61\ of title 5,
United States Code.
Note.--Executive Order 13393, December 22, 2005, 70
F.R. 76655, states:
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOREIGN SERVICE SCHEDULE
------------------------------------------------------------------------------------------------------------------------
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................. $91,507 $74,148 $60,081 $48,684 $39,448 $35,265 $31,526 $28,183 $25,195
2.................. 94,252 76,372 61,883 50,145 40,631 36,323 32,472 29,028 25,951
3.................. 97,080 78,664 63,740 51,649 41,850 37,413 33,446 29,899 26,729
4.................. 99,992 81,024 65,652 53,198 43,106 38,535 34,449 30,796 27,531
5.................. 102,992 83,454 67,622 54,794 44,399 39,691 35,483 31,720 28,357
6.................. 106,082 85,958 69,650 56,438 45,731 40,882 36,547 32,672 29,208
7.................. 109,264 88,537 71,740 58,131 47,103 42,108 37,644 33,652 30,084
8.................. 112,542 91,193 73,892 59,875 48,516 43,372 38,773 34,662 30,987
9.................. 115,918 93,928 76,109 61,671 49,972 44,673 39,936 35,701 31,916
10................. 118,957 96,746 78,392 63,522 51,471 46,013 41,134 36,772 32,874
11................. 118,957 99,649 80,744 65,427 53,015 47,393 42,368 37,876 33,860
12................. 118,957 102,638 83,166 67,390 54,605 48,815 43,639 39,012 34,876
13................. 118,957 105,717 85,661 69,412 56,243 50,279 44,949 40,182 35,922
14................. 118,957 108,889 88,231 71,494 57,931 51,788 46,297 41,388 37,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
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\60\ 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.'' (October
17, 1980).
\61\ 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''.
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Sec. 404.\62\ 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 \63\ section 408) to
appropriate salary classes in the Foreign Service Schedule.
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\62\ 22 U.S.C. 3964.
\63\ 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.\64\ Performance Pay.--(a) Subject to subsection
(e), members \65\ of the Senior Foreign Service who are
serving--
---------------------------------------------------------------------------
\64\ 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.--* * *''.
\65\ Sec. 2311(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. 2681-826), 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 \66\ percent of the members of
the Senior Foreign Service may receive performance pay
in any fiscal year.
---------------------------------------------------------------------------
\66\ Sec. 323 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
437), struck out ``50'' and inserted in lieu thereof ``33''.
---------------------------------------------------------------------------
(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, in any fiscal year, the
percentage of basic pay established under section
4507(e)(1) of title 5, United States Code, for a
Meritorious Executive, except that payments of the
percentage of the basic pay established under section
4507(e)(2) of such title for Distinguished Executives
may be made in any fiscal year to up to 1 percent of
the members of the Senior Foreign Service.\67\
---------------------------------------------------------------------------
\67\ Sec. 312(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1378), struck out ``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.'' and inserted in
lieu thereof ``Payments under this paragraph to a member of the Senior
Foreign Service may not exceed, in any fiscal year, the percentage of
basic pay established under section 4507(e)(1) of title 5, United
States Code, for a Meritorious Executive, except that payments of the
percentage of the basic pay established under section 4507(e)(2) of
such title for Distinguished Executives may be made in any fiscal year
to up to 1 percent of the members of the Senior Foreign Service.''.
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(4) \68\ Any award under this section shall be
subject to the limitation on certain payments under
section 5307 of title 5, United States Code, or the
limitation under section 402(a)(3), whichever is
higher.\69\
---------------------------------------------------------------------------
\68\ 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.''.
\69\ Sec. 412(b) of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905) inserted ``, or the limitation under section 402(a)(3),
whichever is higher''.
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(5) \70\ 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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\70\ Sec. 175(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1361), added
para. (5).
---------------------------------------------------------------------------
(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.\71\ 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.
---------------------------------------------------------------------------
\71\ 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) \72\ 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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\72\ Sec. 2311(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-826), added subsec. (e).
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Sec. 406.\73\ 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--
---------------------------------------------------------------------------
\73\ 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.\74\ 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)).
---------------------------------------------------------------------------
\74\ 22 U.S.C. 3967.
---------------------------------------------------------------------------
(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.\75\ 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).\76\ 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 \77\ 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 (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)
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) \78\ payments by the Government and
employees to (i) a trust or other fund in a financial
institution in order to finance future benefits for employees,
including provision for retention in the fund of accumulated
interest and dividends for the benefit of covered employees; or
(ii) a Foreign Service National Savings Fund established in the
Treasury of the United States, which (I) shall be administered
by the Secretary, at whose direction the Secretary of the
Treasury shall invest amounts not required for the current
needs of the Fund; and (II) shall be public monies, which are
authorized to be appropriated and remain available without
fiscal year limitation to pay benefits, to be invested in
public debt obligations bearing interest at rates determined by
the Secretary of the Treasury taking into consideration current
average market yields on outstanding marketable obligations of
the United States of comparable maturity, and to pay
administrative expenses. For United States citizens under a
compensation plan, the Secretary shall \79\ define those
allowances and benefits provided under United States law which
shall be included as part of the total compensation
package,\80\ 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.\81\
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\75\ 22 U.S.C. 3968.
\76\ 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.''.
\77\ 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.
\78\ Sec. 313 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1378), struck out ``(C)
payments by the Government and employees to a trust or other fund in a
financial institution in order to finance future benefits for
employees, including provision for retention in the fund of accumulated
interest for the benefit of covered employees.'' and inserted in lieu
thereof ``(C) payments by the Government and employees to (i) a trust
or other fund in a financial institution in order to finance future
benefits for employees, including provision for retention in the fund
of accumulated interest and dividends for the benefit of covered
employees; or (ii) a Foreign Service National Savings Fund established
in the Treasury of the United States, which (I) shall be administered
by the Secretary, at whose direction the Secretary of the Treasury
shall invest amounts not required for the current needs of the Fund;
and (II) shall be public monies, which are authorized to be
appropriated and remain available without fiscal year limitation to pay
benefits, to be invested in public debt obligations bearing interest at
rates determined by the Secretary of the Treasury taking into
consideration current average market yields on outstanding marketable
obligations of the United States of comparable maturity, and to pay
administrative expenses.''.
Previously, 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); and 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 clause (B) as clause (C), and
inserted a new clause (B).
\79\ Sec. 322(1) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Act, Fiscal Years 2000 and 2001 (enacted by reference
in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-436), struck
out ``(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)'' at this point.
\80\ Sec. 322(2) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-437), struck out ``this total compensation package'' and
inserted in lieu thereof ``the total compensation package''.
\81\ 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) \82\ (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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\82\ Sec. 141(a) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 35), added para.
(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,\83\ or are
family members of Government employees assigned abroad, in
accordance with the applicable provisions of this Act.
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\83\ 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.\84\ 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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\84\ 22 U.S.C. 3969.
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Sec. 410.\85\ 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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\85\ 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.\86\ 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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\86\ 22 U.S.C. 3971.
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Sec. 412.\87\ 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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\87\ 22 U.S.C. 3972.
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(b) \88\ * * * [Repealed--1994]
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\88\ 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.\89\ 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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\89\ 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.\90\ 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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\90\ 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
2000 and 2001 (enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1501A-439).
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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.\91\ 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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\91\ 22 U.S.C. 3981.
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Sec. 502.\92\ 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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\92\ 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) \93\ 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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\93\ 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.\94\ 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--
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\94\ 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) Except as otherwise provided in subsection (d)(5),
assignments \95\ 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.
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\95\ Sec. 326(2) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1387), struck out
``Assignments'' and inserted in lieu thereof ``Except as otherwise
provided in subsection (d)(5), assignments''.
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(d) \96\ (1) The Secretary may assign a member of the
Service, or otherwise detail an employee of the Department, for
duty at the American Institute in Taiwan, if the Secretary
determines that to do so is in the national interest of the
United States.
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\96\ Sec. 326(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1386), added subsec. (d).
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(2) The head of any other department or agency of the
United States may, with the concurrence of the Secretary,
detail an employee of that department or agency to the American
Institute in Taiwan, if the Secretary determines that to do so
is in the national interest of the United States.
(3) In this subsection, the term ``employee'' does not
include--
(A) a noncareer appointee, limited term
appointee, or limited emergency appointee (as
such terms are defined in section 3132(a) of
title 5, United States Code) in the Senior
Executive Service; or
(B) an employee in a position that has been
excepted from the competitive service by reason
of its confidential, policy-determining,
policy-making, or policy-advocating character.
(4) An assignment or detail under this subsection may be
made with or without reimbursement from the American Institute
in Taiwan.
(5) The period of an assignment or detail under this
subsection shall not exceed a total of 6 years, except that the
Secretary (or any other head of a department or agency of the
United States, with the concurrence of the Secretary) may
extend the period of an assignment or detail for an additional
period of not more than 6 years.
Sec. 504.\97\ 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.
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\97\ 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) \98\ 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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\98\ 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.\99\ 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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\99\ 22 U.S.C. 3985.
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Chapter 6--Promotion and Retention
Sec. 601.\100\ 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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\100\ 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,\101\ categories of career candidates, and other
members of the Service \101\ assigned to salary classes in the
Foreign Service Schedule who may receive promotions on the
basis of satisfactory performance.
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\101\ 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) \102\ 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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\102\ Sec. 326 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-437), amended and restated para. (4). 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) \103\ 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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\103\ Added by sec. 326 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-437).
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Sec. 602.\104\ 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--
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\104\ 22 U.S.C. 4002.
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(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) \105\ 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) \106\ or receive income
from a government of a foreign country.
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\105\ Sec. 142 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), added subsec.
(c).
\106\ 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.\107\ 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,\108\ 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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\107\ 22 U.S.C. 4003.
\108\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
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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. The \109\ precepts for selection boards shall include,
whether the member of the Service or the member of the Senior
Foreign Service, as the case may be, has demonstrated--
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\109\ Sec. 7110(c) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3794) added this
sentence through para. (2).
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(1) a willingness and ability to explain United
states policies in person and through the media when
occupying positions for which such willingness and
ability is, to any degree, an element of the member's
duties, or
(2) other experience in public diplomacy.
Sec. 604.\110\ Records.--(a) \111\ 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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\110\ 22 U.S.C. 4004.
\111\ Sec. 327(a)(1) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501-438), struck out ``Confidentiality of Records.--'' and
inserted in lieu thereof ``Records.--(a)''.
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(b) \112\ 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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\112\ Sec. 327(a)(2) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-438), 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.\113\ 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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\113\ 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.\114\ 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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\114\ 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.\115\ 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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\115\ 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.\116\ 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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\116\ 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.\117\ Retirement Benefits.--(a) A member of the
Service--
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\117\ 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-- \118\
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\118\ 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,,\119\ or
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\119\ Sec. 2312(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. 2681-827), 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.\120\
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\120\ Sec. 2312(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-827), 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 sec. 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 \121\ shall receive--
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\121\ 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) \122\ (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.\123\
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\122\ Sec. 2312(a)(3)(A) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public
Law 105-277; 112 Stat. 2681-827), struck out para. designation ``(2)'',
and inserted in lieu thereof ``(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 sec. 611, on or after January 1, 1996, pursuant to sec.
2312(c)(2) of that Act.
\123\ Sec. 2312(a)(3)(B) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public
Law 105-277; 112 Stat. 2681-827), 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 sec. 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),\124\ his or her death
shall be considered a death in service within the meaning of
section 809.
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\124\ Sec. 2312(a)(4) of the Foreign Relations Authorization Act,
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.\125\ Separation for Cause.--(a)(1) The Secretary
may decide to \126\ separate any member from the Service for
such cause as will promote the efficiency of the Service.
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\125\ 22 U.S.C. 4010.
\126\ Sec. 314(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1378), inserted
``decide to'' after ``may''.
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(2) \127\ (A) Except as provided in subparagraph (B),
whenever the Secretary decides under paragraph (1) to separate,
on the basis of misconduct, any member of the Service (other
than a United States citizen employed under section 311 of the
Foreign Service Act of 1980 who is not a family member) who
either--
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\127\ Sec. 314(a)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1378), struck out
paras. (2) through (6) and sec. 314(a)(3) added new paras. (2) through
(4).
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(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the
member receives a hearing before the Foreign Service Grievance
Board and the Board decides that cause for separation has been
established, unless the member waives, in writing, the right to
such a hearing, or the member's appointment has expired,
whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not
apply in the case of an individual who has been convicted of a
crime for which a sentence of imprisonment of more than one
year may be imposed.
(3) \127\ If the Board decides that cause for separation
has not been established, the Board may direct the Department
to pay reasonable attorneys' fees to the extent and in the
manner provided by section 1107(b)(5). The hearing provided
under this paragraph shall be conducted 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 Act. Section 1110
shall apply to proceedings under this paragraph.
(4) \127\ Notwithstanding the hearing required by paragraph
(2), at the time that the Secretary decides to separate a
member of the Service for cause, the member shall be placed on
leave without pay. If the member does not waive the right to a
hearing, and the Board decides that cause for separation has
not been established, the member shall be reinstated with back
pay.
(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.\128\ 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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\128\ 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:
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``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.\129\ 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.\130\
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\129\ 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).
\130\ 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.\131\ 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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\131\ 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.\132\ 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.\133\
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\132\ 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).
\133\ 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 \134\
Sec. 701.\135\ Institution for Training.--(a) \136\
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''),\137\ 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 \138\ shall be headed by a
Director, who shall be appointed by the Secretary of State. The
institution shall be designated the ``George P. Shultz National
Foreign Affairs Training Center''.\139\
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\134\ 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.
\135\ 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 ``Institution 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.
\136\ Sec. 126(2)(B)(i) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), amended
subsec. (a) ``by striking the subsection heading and inserting
`Institution or Center for Training' ''. Subsec. (a), however, did not
have a heading to strike.
\137\ 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')''.
\138\ 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''.
\139\ Sec. 1(a) of Public Law 107-132 (115 Stat. 2412) added the
last sentence to subsec. (a), designating the Center as the ``George P.
Shultz National Foreign Affairs Training Center''.
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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 \140\ and otherwise.
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\140\ 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) \141\ Training and instruction may be provided at the
Institute \142\ 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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\141\ Sec. 126 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1026), added subsec.
(c).
\142\ As enrolled. Should probably read ``institution''.
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(d) \143\ (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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\143\ 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) \144\ (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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\144\ Sec. 2205(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. 2681-808), redesignated 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).''.
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Sec. 318(2) of Public Law 107-228 (116 Stat. 1379) subsequently
struck out sec. 2205(a)(3) of Public Law 105-277, thus retaining
subsecs. (d)(4), (e), and (f), as amended.
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(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) \144\ The authorities of section 704 shall apply to
training and instruction provided under this section.
Sec. 702.\145\ 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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\145\ 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
\140\ or otherwise in order to assist in meeting the
requirements established under subsection (a).
(c) \146\ Not later than January 31 \147\ 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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\146\ Sec. 208(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-422), added subsec. (c).
\147\ Sec. 327(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1387), struck out
``March 31'' and inserted in lieu thereof ``January 31''.
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(1) became vacant during the previous fiscal year;
\148\ and
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\148\ Sec. 327(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1387), struck out
``calendar year'' and inserted in lieu thereof ``fiscal year''.
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(2) were filled by individuals having the required
foreign language competence.
Sec. 703.\149\ 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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\149\ 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) \150\ * * * [Repealed--1987]
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\150\ Sec. 185(c) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366),
repealed subsec. (f), which had required the Secretary of State to
report annually on the status of the professional development program.
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Sec. 704.\151\ Training Authorities.--(a) In the exercise
of functions under this chapter, the Secretary of State may--
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\151\ 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,\140\ including functional and geographic
area specializations;
(2) correlate training and instruction furnished by
the institution \140\ 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,\140\ 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) \152\ of
members of the Service selected and assigned for
training; and
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\152\ Sec. 125(1) of Public Law 97-241 (96 Stat. 281) struck out
``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) \153\ (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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\153\ Sec. 2222(f) of the Foreign Relations Authorization Act,
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.\154\ 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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\154\ 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 \140\ 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.\155\ 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.\156\
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\155\ 22 U.S.C. 4026.
\156\ Sec. 2314(a) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681-827), added the sentence that begins ``Career
counseling and related''.
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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.\157\ Visiting Scholars Program.
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\157\ 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 \140\ a program whereby selected
scholars would participate fully in the educational and
training activities of the institution.\140\ 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,\140\ who shall serve as chairperson, and four
other members appointed by the Secretary of State.
SEC. 708.\158\ TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) \159\ 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, the
Director of the Office to Monitor and Combat Trafficking,\160\
and the director of the George P. Shultz \161\ 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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\158\ 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.
\159\ 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).
\160\ Sec. 104(d)(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3565)
inserted ``, the Director of the Office to Monitor and Combat
Trafficking,'' after ``the International Religious Freedom Act of
1998''.
\161\ Sec. 2(b) of Public Law 107-132 (115 Stat. 2412) inserted
``George P. Shultz'' after ``director of the''.
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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; \162\
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\162\ Sec. 104(d) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3565) struck
out ``and'' at the end of para. (1); struck out a period at the end of
para. (2) and inserted in lieu thereof ``; and''; and added para. (3).
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(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; and \162\
(3) \162\ instruction on international documents and
United States policy on trafficking in persons,
including provisions of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-
386; 22 U.S.C. 7101 et seq.) which may affect the
United States bilateral relationships.
(b) \159\ 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 \163\
subchapter i--foreign service retirement and disability system \164\
Sec. 801.\165\ 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 \166\ 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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\163\ The Department of State Special Agents Retirement Act of 1998
(Public Law 105-382; 112 Stat. 3406) made numerous amendments to this
chapter. Sec. 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--
---------------------------------------------------------------------------
``(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.--
---------------------------------------------------------------------------
``(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--
---------------------------------------------------------------------------
``(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).''.
\164\ See also the retained provisions of the Foreign Service
Retirement Amendments of 1976. Sec. 402(a)(1) of Public Law 99-335 (100
Stat. 609) added the heading for subchapter I.
\165\ 22 U.S.C. 4041.
\166\ Sec. 402(a) 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.\167\ 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 \166\ referred to as the ``Fund''), originally
created by section 18 of the Act of May 24, 1924 (43 Stat.
144).
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\167\ 22 U.S.C. 4042.
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Sec. 803.\168\ Participants.--(a) Except as provided in
subsection (d),\169\ the following members of the Service
(hereinafter in this subchapter \166\ referred to as
``participants'') shall be entitled to the benefits of the
System:
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\168\ 22 U.S.C. 4043.
\169\ Sec. 414(1) of Public Law 99-335 (100 Stat. 614) added the
text of subsec. (a) to this point.
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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) \170\ An individual subject to the Foreign Service
Pension System (described in subchapter II) is not a
participant in this System.
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\170\ Sec. 414(2) of Public Law 99-335 (100 Stat. 614) added
subsec. (d).
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Sec. 804.\171\ Definitions.--As used in this
subchapter,\166\ unless otherwise specified, the term--
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\171\ 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); \172\
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\172\ Sec. 403 of Public Law 99-335 (100 Stat. 609) struck out ``or
of the District of Columbia'' and inserted in lieu thereof ``, 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)''.
---------------------------------------------------------------------------
(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) \173\ of
that participant is of (B) the total number of years of
such creditable service (creditable under subchapter I
or II); \173\
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\173\ Sec. 404(a) of Public Law 99-335 (100 Stat. 610) added
``(creditable under subchapter I or II)'' after ``creditable service''.
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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 \174\ was
married to the participant or annuitant for at least 9
months \175\ immediately preceding his or her death or
is a parent of a child born of the marriage,\176\
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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\174\ 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.
\175\ Sec. 211(2) of Public Law 100-238 (101 Stat. 1773) struck out
``one year'' and inserted in lieu thereof ``9 months''.
\176\ Sec. 211(3) of Public Law 100-238 (101 Stat. 1773) added text
from this point to para. (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) \177\ ``special agent'' means an employee of the
Department of State with a primary skill code of 2501--
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\177\ 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.\178\, \179\ Contributions to the
Fund.--(a)(1) \180\ Except as otherwise provided in this
section,\181\ 7.25 \182\ 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. The contribution by the
employing agency shall be a percentage of basic salary equal to
the percentage in effect under 7001(d)(1) of the Balanced
Budget Act of 1997 (Public Law 105-33; 22 U.S.C. 4045 note),
and section 505(h) of the Department \183\ of Transportation
and Related Agencies Appropriations Act, 2001 (as enacted by
Public Law 106-346; 114 Stat. 1356A-54), plus .25 percent of
basic salary, and shall be made \184\ from the appropriations
or fund used for payment of the salary of the participant. The
employing agency \183\ shall deposit in the Fund the amounts
deducted and withheld from basic salary and the amounts
contributed by the employing agency.
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\178\ 22 U.S.C. 4045.
\179\ 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;
``in lieu of the agency contribution otherwise required under section
805(a)(1) and (2) of such Act.
``(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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\180\ Sec. 4(a) of Public Law 102-499 (106 Stat. 3265) added para.
designation (1) after (a), and added a new para. (2).
\181\ 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.
\182\ Sec. 322(a)(2)(A)(i) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), struck out
``7'' and inserted in lieu thereof ``7.25''. Sec. 322(c)(2) of Public
Law 107-228 (116 Stat. 1385) provided the following:
``(2) Government contributions and individual deductions and
withholdings.--The amendments made by subsections (a)(2) and (b)(2)
shall take effect with the first pay period beginning on or after the
date that is 90 days after the date of enactment of this Act.''.
\183\ Sec. 322(a)(2)(C) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), struck out
``Department'' each place it appeared in paras. (1) and (2), and
inserted in lieu thereof ``employing agency''. This amendment is not
executed here in the instance of the first appearance of ``Department''
in para. (1). Sec. 322(c)(2) of Public Law 107-228 (116 Stat. 1385)
provided the following:
``(2) Government contributions and individual deductions and
withholdings.--The amendments made by subsections (a)(2) and (b)(2)
shall take effect with the first pay period beginning on or after the
date that is 90 days after the date of enactment of this Act.''.
\184\ Sec. 322(a)(2)(A)(ii) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), struck out
``An equal amount shall be contributed by the Department'' and inserted
in lieu thereof ``The contribution by the employing agency shall be a
percentage of basic salary equal to the percentage in effect under
7001(d)(1) of the Balanced Budget Act of 1997 (Public Law 105-33; 22
U.S.C. 4045 note), and section 505(h) of the Department of
Transportation and Related Agencies Appropriations Act, 2001 (as
enacted by Public Law 106-346; 114 Stat. 1356A-54), plus .25 percent of
basic salary, and shall be made''. Sec. 322(c)(2) of Public Law 107-228
(116 Stat. 1385) provided the following:
``(2) Government contributions and individual deductions and
withholdings.--The amendments made by subsections (a)(2) and (b)(2)
shall take effect with the first pay period beginning on or after the
date that is 90 days after the date of enactment of this Act.''.
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(2) \180\ Notwithstanding the percentage limitation
contained in paragraph (1) of this subsection--
(A) the employing agency \183\ 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, plus an amount equal to .25 percent of
basic pay.\185\ 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 employing agency \183\ from
the appropriations or fund used for payment of the
salary of the participant. The employing agency \183\
shall deposit in the Fund the amount deducted and
withheld from basic salary and amounts contributed by
the employing agency.\183\
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\185\ Sec. 322(a)(1)(B)(i) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), inserted
``, plus an amount equal to .25 percent of basic pay''. Sec. 322(c)(1)
of Public Law 107-228 (116 Stat. 1385) provided the following:
``(1) Computation of annuities.--The amendments made by subsections
(a)(1) and (b)(1) shall apply to service performed on or after the
first day of the first pay period beginning on or after the date that
is 90 days after the date of enactment of this Act.''.
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(B) The employing agency \183\ 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, plus an amount equal to .25 percent of
basic pay.\186\ 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 employing agency \183\ from
the appropriations or fund used for payment of the
salary of the participant. The employing agency \183\
shall deposit in the Fund the amounts deducted and
withheld from basic salary and amounts contributed by
the employing agency.\183\
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\186\ Sec. 322(a)(1)(B)(ii) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), inserted
``, plus an amount equal to .25 percent of basic pay''. Sec. 322(c)(1)
of Public Law 107-228 (116 Stat. 1385) provided the following:
``(1) Computation of annuities.--The amendments made by subsections
(a)(1) and (b)(1) shall apply to service performed on or after the
first day of the first pay period beginning on or after the date that
is 90 days after the date of enactment of this Act.''.
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(3) \187\ 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, plus .25
percent.\188\
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\187\ Sec. 2(b)(1) of Public Law 105-382 (112 Stat. 3407) added
para. (3).
\188\ Sec. 322(a)(1)(D) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), inserted ``plus
.25 percent''. Sec. 322(c)(1) of Public Law 107-228 (116 Stat. 1385)
provided the following:
``(1) Computation of annuities.--The amendments made by subsections
(a)(1) and (b)(1) shall apply to service performed on or after the
first day of the first pay period beginning on or after the date that
is 90 days after the date of enactment of this Act.''.
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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
\189\ the following percentages of basic salary received for
such service: \190\
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\189\ 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''.
\190\ 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 text that addressed 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 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.\191\
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\191\ 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.\192\ 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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\192\ 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) \193\ 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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\193\ Sec. 405(b) of Public Law 99-335 (100 Stat. 610) added para.
(4).
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(5) \194\ 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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\194\ Sec. 4(b) of Public Law 102-499 (106 Stat. 3265) added para.
(5).
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(6) \195\ 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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\195\ Sec. 2(c) of Public Law 105-382 (112 Stat. 3407) added para.
(6).
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(e) \196\ (1) Subject to paragraph (5), each \197\
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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\196\ 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).
\197\ 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) \198\ 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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\198\ Sec. 7001(d)(2)(D)(ii) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 661) added para. (5).
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(f) \196\ 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) \196\ 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) \199\ 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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\199\ Sec. 405(a)(2) of Public Law 99-335 (100 Stat. 610) added
subsec. (h).
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Sec. 806.\200\ Computation of Annuities.--(a) \201\ (1)
\202\ 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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\200\ 22 U.S.C. 4046.
\201\ 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.''.
\202\ 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) \203\ (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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\203\ 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) \203\ 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) \203\ For purposes of paragraphs (2), (3), (4), and (6)
\204\ of this subsection, the term ``basic pay'' includes pay
as provided in accordance with section 412 of this Act or
section 5545(c)(2) \205\ of title 5, United States Code.
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\204\ 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)''.
\205\ 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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(9) \206\ For purposes of any annuity computation under
this subsection, the basic salary or basic pay of any member of
the Service whose official duty station is outside the
continental United States shall be considered to be the salary
or pay that would have been aid to the member had the member's
official duty station been Washington, D.C., including
locality-based comparability payments under section 5304 of
title 5, United States Code, that would have been payable to
the member if the member's official duty station had been
Washington, D.C.
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\206\ Sec. 322(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1383), added para. (9).
Sec. 322(c)(1) of Public Law 107-228 (116 Stat. 1385) provided the
following:
``(1) Computation of annuities.--The amendments made by subsections
(a)(1) and (b)(1) shall apply to service performed on or after the
first day of the first pay period beginning on or after the date that
is 90 days after the date of enactment of this Act.''.
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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 \207\
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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\207\ 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
\166\ 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 \208\ 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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\208\ Sec. 214(a)(1) of Public Law 100-238 (101 Stat. 1774)
inserted language beginning with ``or a former spouse'' here.
---------------------------------------------------------------------------
(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 \208\ 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.\209\ 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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\209\ 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.\210\
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\210\ 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) \211\ * * * [Repealed--1988]
---------------------------------------------------------------------------
\211\ Sec. 217(c)(1) of Public Law 100-238 (101 Stat. 1775)
repealed subsec. (l).
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(m) \212\ 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--
---------------------------------------------------------------------------
\212\ Secs. 406 and 407 of Public Law 99-335 (100 Stat. 610, 611)
added subsecs. (m) and (n), respectively. Public Law 99-556 (100 Stat.
3136) substantially restated subsec. (m).
---------------------------------------------------------------------------
(1) eligible for an annuity under this subchapter
\166\ 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,\166\
shall be computed as if section 8349 of title 5, United States
Code, were applicable.
(n) \212\ (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.\213\ Payment of Annuity.--(a) \214\ (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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\213\ 22 U.S.C. 4047.
\214\ Sec. 3(a) of Executive Order 12446 (October 17, 1983; 48 F.R.
48443) amended and restated subsec. (a).
---------------------------------------------------------------------------
(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 \166\
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) \215\ (1) The Secretary of State shall prescribe
regulations under which any participant who has a life-
threatening affliction or other critical medical condition
may,\216\ 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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\215\ Sec. 408 of Public Law 99-335 (100 Stat. 612) added subsec.
(e).
\216\ 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''.
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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.\217\ 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.\218\
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\217\ 22 U.S.C. 4048.
\218\ 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.\166\,
\219\
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\219\ The final two sentences of subsec. (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.\218\
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 \220\ 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 \220\ or
subchapter I of such chapter 8 \221\ for any part of the same
period of time. Neither this subsection nor any provision of
subchapter I of such chapter 8 \221\ shall be construed to deny
the right of any participant to receive an annuity under this
subchapter \220\ and to receive concurrently any payment under
such subchapter I of such chapter 8 \221\ by reason of the
death of any other individual.
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\220\ Sec. 402 of Public Law 99-355 (100 Stat. 609) struck out
``Act'' and inserted in lieu thereof ``subchapter''.
\221\ Sec. 402(b)(1)(A) of Public Law 99-355 (100 Stat. 609) struck
out ``such subchapter'' and inserted in lieu thereof ``subchapter I of
such chapter 8''. 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 \220\
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 \220\ 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.\222\ Death in Service.--(a) If a participant dies
and no claim for annuity is payable under this subchapter,\223\
the lump-sum credit shall be paid in accordance with section
815.
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\222\ 22 U.S.C. 4049.
\223\ Sec. 402(b) and (c) of Public Law 99-355 (100 Stat. 609)
struck out ``Act'' and inserted in lieu thereof ``subchapter''.
---------------------------------------------------------------------------
(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,\224\ 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.
---------------------------------------------------------------------------
\224\ 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,\225\ 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.
---------------------------------------------------------------------------
\225\ 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.\226\ 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.
---------------------------------------------------------------------------
\226\ Sec. 215(b) of Public Law 100-238 (101 Stat. 1774) struck out
``65'' and inserted in lieu thereof ``60''.
---------------------------------------------------------------------------
(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.\227\ 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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\227\ 22 U.S.C. 4050.
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Sec. 811.\228\ 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.\229\
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\228\ 22 U.S.C. 4051.
\229\ Sec. 216 of Public Law 100-238 (101 Stat. 1774) added
language from ``The Secretary shall withhold''.
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Sec. 812.\230\ Mandatory Retirement.--(a)(1) \231\ 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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\230\ 22 U.S.C. 4052.
\231\ 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 para. (2).
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(2) \232\ Notwithstanding paragraph (1)--
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\232\ 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.\233\ Reassignment and Retirement of Former
Presidential Appointees.--
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\233\ 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.\234\ 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 \235\ 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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\234\ 22 U.S.C. 4054.
\235\ 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.\236\
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\236\ Sec. 404(b)(1) of Public Law 99-335 (100 Stat. 610) added
this sentence.
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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 \223\ 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 \237\ months after the date
the divorce or annulment involved becomes final.
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\237\ 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,\223\ 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 \223\ (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.\238\
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\238\ Sec. 404(b)(2) of Public Law 99-335 (100 Stat. 610) added
this sentence.
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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
\223\ 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.\223\
(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) \239\ * * * [Repealed--1988]
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\239\ Sec. 217(c)(2) of Public Law 100-238 (101 Stat. 1775)
repealed subsec. (d).
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Sec. 815.\240\ Lump-Sum Payments.--(a) \241\ (1) A
participant is entitled to be paid a lump-sum credit if the
participant--
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\240\ 22 U.S.C. 4055.
\241\ Sec. 218(a) of Public Law 100-238 (101 Stat. 1775) amended
and 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 \223\ 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 \223\ 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) \242\ 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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\242\ 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.\243\
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\243\ Sec. 404(c) of Public Law 99-335 (100 Stat. 610) added this
sentence.
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Sec. 816.\244\ Creditable Service.--(a) \245\ (1) \246\
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.\223\ 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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\244\ 22 U.S.C. 4056.
\245\ 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.''.
\246\ Sec. 4(b) of Executive Order 12446 (October 17, 1983; 48 F.R.
48443) inserted the para. designation ``(1)'' and added new paras. (2),
(3), and (4).
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(2) \246\ 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 \223\ 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) \246\ 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 \223\
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) \246\ 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 \223\ 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,\223\
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.\223\ 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) \247\ 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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\247\ 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,\223\ 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 \223\ 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 \223\ 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 \223\ a
portion of the lump sum (or a spousal agreement or
court order provided otherwise).
(2) \248\ 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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\248\ Sec. 145(a) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), restated
para. (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) \249\ (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.\223\ 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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\249\ Sec. 4(c) of Executive Order 12466 (October 17, 1983; 48 F.R.
48443) added subsec. (j).
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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.\250\ 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.\251\
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\250\ 22 U.S.C. 4057.
\251\ Sec. 145(b) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 37), added
text beginning with ``Such extra credit may''.
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Sec. 818.\252\ 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,\223\ including
actuarial advice.
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\252\ 22 U.S.C. 4058.
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Sec. 819.\253\ 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.
---------------------------------------------------------------------------
\253\ 22 U.S.C. 4059.
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Sec. 820.\254\ 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.
---------------------------------------------------------------------------
\254\ 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.\223\
(2) Except with respect to obligations between participants
and former spouses, payments under this subchapter \223\ 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 \223\ 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,\223\ 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.\223\
(c) None of the moneys mentioned in this subchapter \223\
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.\255\ Payments for Future Benefits.--(a) Any
statute which authorizes--
---------------------------------------------------------------------------
\255\ 22 U.S.C. 4061.
---------------------------------------------------------------------------
(1) new or liberalized benefits payable from the Fund
under this subchapter,\223\ 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.\256\ 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--
---------------------------------------------------------------------------
\256\ 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).\257\
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\257\ 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.\258\ 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.
---------------------------------------------------------------------------
\258\ 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) \259\ If an annuitant becomes subject to subchapter II
of this chapter by reason of recall service--
---------------------------------------------------------------------------
\259\ Sec. 409 of Public Law 99-335 (100 Stat 612) added subsec.
(c).
---------------------------------------------------------------------------
(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.\260\ Reemployment.--(a)(1) \261\ (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),\262\ if
any former participant, who has retired and is receiving an
annuity under this subchapter \223\ 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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\260\ 22 U.S.C. 4064. Sec. 410 of Public Law 99-335 (100 Stat. 613)
amended and restated sec. 824.
\261\ So in original. There is no para. (2).
\262\ 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) \263\ (A) The sum of--
---------------------------------------------------------------------------
\263\ Sec. 403 of Public Law 99-556 (100 Stat. 3136) substantially
amended and restated para. (3).
---------------------------------------------------------------------------
(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.\264\
---------------------------------------------------------------------------
\264\ The word ``chapter'' probably should read ``subchapter''.
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(g) \265\ 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.
---------------------------------------------------------------------------
\265\ Sec. 103(2) of Public Law 105-277 (112 Stat. 2681-585) added
new subsecs. (g) and (h).
---------------------------------------------------------------------------
(h) \265\ 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.\266\ Voluntary Contributions.--(a) \267\ 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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\266\ 22 U.S.C. 4065.
\267\ 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.''.
---------------------------------------------------------------------------
(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.\268\ 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 \223\ which has a commencing date not
later than the effective date of the increase.
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\268\ 22 U.S.C. 4066.
---------------------------------------------------------------------------
(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) \269\ 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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\269\ Sec. 219 of Public Law 100-238 (101 Stat. 1775) restated
para. (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 \223\ 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,\270\ except such installment shall after adjustment
reflect an increase of at least $1.
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\270\ 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) \271\ (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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\271\ 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.\272\ Compatibility Between Civil Service and
Foreign Service Retirement Systems.--(a) \273\ 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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\272\ 22 U.S.C. 4067.
\273\ 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) \274\ 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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\274\ Sec. 411 of Public Law 99-335 (100 Stat. 614) added subsec.
(c).
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Sec. 828.\275\ 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.
---------------------------------------------------------------------------
\275\ 22 U.S.C. 4068. Sec. 412 of Public Law 99-335 (100 Stat. 614)
added sec. 828.
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Sec. 829.\276\ 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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\276\ 22 U.S.C. 4069. Sec. 404(a) of Public Law 99-556 (100 Stat.
3137) added sec. 829.
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Sec. 830.\277\ 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.
---------------------------------------------------------------------------
\277\ 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 \278\ 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.
---------------------------------------------------------------------------
\278\ 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.\279\ 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--
---------------------------------------------------------------------------
\279\ 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 sec. 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) \280\ 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--
---------------------------------------------------------------------------
\280\ 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.\281\ Retirement Benefits for Certain Former
Spouses.
---------------------------------------------------------------------------
\281\ 22 U.S.C. 4069a-1. Added 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.\282\ 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--
---------------------------------------------------------------------------
\282\ 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.
---------------------------------------------------------------------------
``(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 sec. 146(b) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, refers
to subsec. (g) of this section.
---------------------------------------------------------------------------
(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) \283\ 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--
---------------------------------------------------------------------------
\283\ 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.\284\ Survivor Benefits for Certain Former
Spouses.
---------------------------------------------------------------------------
\284\ 22 U.S.C. 4069b-1. Added 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.\285\ Health Benefits For Certain Former
Spouses.--(a) Except as provided in subsection (c)(1), any
individual--
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\285\ 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.
---------------------------------------------------------------------------
``(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 sec. 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) \286\ 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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\286\ Sec. 146(c) 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. 833.\287\ Health Benefits for Certain Former Spouses.
---------------------------------------------------------------------------
\287\ 22 U.S.C. 4069c-1. Added by sec. 204(a) of Public Law 100-238
(101 Stat. 1770).
---------------------------------------------------------------------------
(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 \288\
Sec. 851.\288\, \289\ Establishment.--(a) There
is hereby established a Foreign Service Pension System.
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\288\ Sec. 415 of Public Law 99-335 (100 Stat. 615) added
subchapter II and the sections contained therein.
\289\ 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.\288\, \290\ Definitions.--As used in
this subchapter, unless otherwise specified--
---------------------------------------------------------------------------
\290\ 22 U.S.C. 4071a.
---------------------------------------------------------------------------
(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) \291\ the term ``lump-sum credit'' means the
unrefunded amount consisting of--
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\291\ Sec. 241 of the Federal Employees' Retirement System,
Technical Corrections (Public Law 100-238; 101 Stat. 1776),
redesignated paras. (3), (4), (5), (6), and (7), as paras. (4), (5),
(6), (7), and (8), respectively, and added a new para. (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) \292\ the term ``special agent'' has the same
meaning given in section 804(15).
---------------------------------------------------------------------------
\292\ 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).
---------------------------------------------------------------------------
Sec. 853.\288\, \293\ 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,\294\ 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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\293\ 22 U.S.C. 4071b.
\294\ 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.) \295\ (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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\295\ 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.\288\, \296\ Creditable Service.--(a)
For purposes of this subchapter, creditable service of a
participant includes--
---------------------------------------------------------------------------
\296\ 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.) \297\ 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).
---------------------------------------------------------------------------
\297\ 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) \298\ (1) Credit shall be given under this System to a
participant for a period of prior satisfactory service as--
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\298\ Sec. 7001(e)(1)(B) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 661) amended and restated subsec. (c).
---------------------------------------------------------------------------
(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,\299\ shall be as follows:
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\299\ 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 sec. 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.)
\300\ 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 \301\ 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.
---------------------------------------------------------------------------
\300\ 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.
\301\ 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) \302\ 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 \303\ (from the appropriation or fund which
is used for payment of the salary of the participant)
determined under section 857(a) \304\ 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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\302\ Sec. 405(b) of Public Law 99-556 (100 Stat. 3137) added
subsec. (e).
\303\ Sec. 242(1) of Public Law 100-238 (101 Stat. 1776) struck out
``matching'' here.
\304\ Sec. 242(2) of Public Law 100-238 (101 Stat. 1776) inserted
``determined under section 857(a)''.
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Sec. 855.\289\, \305\ 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.
---------------------------------------------------------------------------
\305\ 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.
(3) \306\ For purposes of any annuity computation under
this subsection, the average pay (as used in section 8414 of
title 5, United States Code) of any member of the Service whose
official duty station is outside the continental United States
shall be considered to be the salary that would have bee paid
to the member had the member's official duty station been
Washington, D.C., including locality-based comparability
payments under section 5304 of title 5, United States Code,
that would have been payable to the member if the member's
official duty station had been Washington, D.C.
---------------------------------------------------------------------------
\306\ Sec. 322(b)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), added para. (3).
Sec. 322(c)(1) of Public Law 107-228 (116 Stat. 1385) provided the
following:
``(1) Computation of annuities.--The amendments made by subsections
(a)(1) and (b)(1) shall apply to service performed on or after the
first day of the first pay period beginning on or after the date that
is 90 days after the date of enactment of this Act.''.
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(b)(1) Any participant who retires voluntarily or
mandatorily under section 607, 608, 611,\307\ 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,\308\ and who has completed at least 5 years as a member
of the Foreign Service,\309\ shall be entitled to an immediate
annuity computed under paragraph (2).
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\307\ Sec. 2(d)(3)(B) of Public Law 105-382 (112 Stat. 3408)
inserted the reference to sec. 611. Sec. 2312(b)(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. 2681-827), made the same
amendment. The amendment made by Public Law 105-277 is effective, with
respect to any actions taken under sec. 611, on or after January 1,
1996, pursuant to sec. 2312(c)(3) of that Act.
\308\ Sec. 2312(b)(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. 2681-827), inserted ``or for participants in the
Foreign Service Pension System,''.
\309\ 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, 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) \310\ 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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\310\ Sec. 406(b) of Public Law 99-556 (100 Stat. 3138)
substantially amended and restated all subparas. under sec. 855(b).
---------------------------------------------------------------------------
(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)) \311\ or
---------------------------------------------------------------------------
\311\ 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.
---------------------------------------------------------------------------
(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) \312\ any participant who is involuntarily retired or
separated under section 607, 608, 611, 610, or 611 \313\ 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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\312\ Sec. 406(c) of Public Law 99-556 (100 Stat. 3138) added
paras. (3), (4), (5), and (6).
\313\ Sec. 2(d)(3)(B) of Public Law 105-382 (112 Stat. 3408)
inserted the reference to sec. 611. Sec. 2312(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. 2681-827), struck out
``or 610'' and inserted in lieu thereof ``610, or 611'', resulting in
the redundant reference to sec. 611. The amendment made by Public Law
105-277 is effective, with respect to any actions taken under sec. 611,
on or after January 1, 1996, pursuant to sec. 2312(c)(3) of that Act.
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(4) \312\ 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) \312\ 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) \312\ (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) \314\ 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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\314\ Refers to 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.\289\, \315\ Deductions and
Withholdings From Pay.--(a) \316\ 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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\315\ 22 U.S.C. 4071e.
\316\ 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: \317\
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\317\ Sec. 322(b)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1384), struck out
``7.5....... After December 31, 2000'' and inserted in lieu thereof
``7.55....... After January 11, 2003''. Previously, 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-128), struck out ``8....... January 1, 2001,
to December 31, 2002'' and ``7.5....... After December 31, 2002'' from
the chart in para. (2), and inserted in lieu thereof ``7.5....... After
December 31, 2000''.
Sec. 322(c)(2) of Public Law 107-228 (116 Stat. 1385) provided the
following:
``(2) Government contributions and individual deductions and
withholdings.--The amendments made by subsections (a)(2) and (b)(2)
shall take effect with the first pay period beginning on or after the
date that is 90 days after the date of enactment of this Act.''.
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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.
7.55
.............................................................
After January 11, 2003.
(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.\289\, \318\, \319\
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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\318\ 22 U.S.C. 4071f.
\319\ 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.\289\, \320\ 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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\320\ 22 U.S.C. 4071g.
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Sec. 859.\289\, \321\ 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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\321\ 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.\289\, \322\ 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 \323\ 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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\322\ 22 U.S.C. 4071i.
\323\ 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.\289\, \324\ 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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\324\ 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,\325\ 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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\325\ 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) \326\ 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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\326\ Sec. 407 of Public Law 99-556 (100 Stat. 3139) added para.
(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.\289\, \327\ 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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\327\ 22 U.S.C. 4071k.
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Chapter 9--Travel, Leave, and Other Benefits
Sec. 901.\328\ 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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\328\ 22 U.S.C. 4081.
---------------------------------------------------------------------------
(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, and members of
his or her family,\329\ 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--
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\329\ Sec. 315(a) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out
``Service'' and inserted in lieu thereof ``Service, and members of his
or her family,''. Sec. 315(b) and (c) of that Act provided the
following:
``(b) Promulgation of Guidance.--The Secretary shall promulgate
guidance for the implementation of the amendments made by subsection
(a) to ensure its implementation in a manner which does not
substantially increase the total amount of travel expenses paid or
reimbursed by the Department for travel under section 901 of the
Foreign Service Act of 1980 (22 U.S.C. 4081).
``(c) Effective Date--The amendment made by subsection (a) shall
take effect on the date on which guidance for implementation of such
amendment is issued by the Secretary.''.
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(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) \330\ 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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\330\ Sec. 148 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 38), restated para.
(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; \331\
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\331\ 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 in the United
States,''.
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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; \332\ and
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\332\ Sec. 145(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668),
inserted ``, except that in extraordinary circumstances the Secretary
may extend this period for not more than an additional 90 days''.
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;
\332\
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\332\ Sec. 145(2) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668),
inserted ``, except that in extraordinary circumstances the Secretary
may extend this period for not more than an additional 90 days''.
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 residence of the other parent, or between
the post to which the member is assigned and the residence of
the child if the child does not reside with a parent.\334\
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\334\ Sec. 328 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1387), struck out ``port of
entry in the contiguous 48 States which is nearest to that post'' and
inserted in lieu thereof ``residence of the other parent, or between
the post to which the member is assigned and the residence of the child
if the child does not reside with a parent''.
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Sec. 902.\335\ 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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\335\ 22 U.S.C. 4082.
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Sec. 903.\336\ Required Leave in the United States.--(a)
The Secretary may order a member of the Service (other than a
member employed under section 311) \337\ 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) \337\ 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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\336\ 22 U.S.C. 4083.
\337\ 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.\338\ 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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\338\ 22 U.S.C. 4084. Sec. 122 of Public Law 99-93 (99 Stat. 405)
amended subsec. (a), by striking out ``may'' and inserting in lieu
thereof ``shall''; and subsec. (b), by inserting ``, and other
preventive and remedial care and services as necessary,'' after
``inoculations or vaccinations''; and by amending subsec. (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, (3) health education and disease prevention programs
for all employees, and (4) \339\ examinations necessary in
order to establish disability or incapacity of participants in
the Foreign Service Retirement and Disability System or Foreign
Service Pension System \340\ or to provide survivor benefits
under chapter 8.
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\339\ Sec. 316 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out ``families,
and (3)'' and inserted in lieu thereof ``families, (3) health education
and disease prevention programs for all employees, and (4)''.
\340\ Sec. 243 of Public Law 100-238 (101 Stat. 1776) inserted ``or
Foreign Service Pension System''.
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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.
(g) \341\ Reimbursements paid to the Department of State
for funding the cots of medical care abroad for employees and
eligible family members shall be credited to the currently
available applicable appropriation account. Such reimbursements
shall be available for obligation and expenditure during the
fiscal year in which they are received or for such longer
period of time as may be provided in law.
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\341\ Sec. 2 of Public Law 109-140 (119 Stat. 2650) added subsec.
(g).
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Sec. 905.\342\ 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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\342\ 22 U.S.C. 4085.
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Sec. 906.\343\ 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--
---------------------------------------------------------------------------
\343\ 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.
---------------------------------------------------------------------------
(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.\344\ Labor-Management Policy.--The Congress
finds that--
---------------------------------------------------------------------------
\344\ 22 U.S.C. 4101.
---------------------------------------------------------------------------
(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.\345\ Definitions.--As used in this chapter, the
term--
---------------------------------------------------------------------------
\345\ 22 U.S.C. 4102.
---------------------------------------------------------------------------
(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,\346\ or any individual who participates in
a strike in violation of section 7311 of title
5, United States Code; or
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\346\ 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,''.
---------------------------------------------------------------------------
(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.\347\ Application.--(a) This chapter applies only
with respect to the Department of State, the Broadcasting Board
of Governors, the Agency for International Development,\348\
the Department of Agriculture, and the Department of Commerce.
---------------------------------------------------------------------------
\347\ 22 U.S.C. 4103.
\348\ 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.\349\ 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.
---------------------------------------------------------------------------
\349\ 22 U.S.C. 4104.
---------------------------------------------------------------------------
(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.\350\ 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--
---------------------------------------------------------------------------
\350\ 22 U.S.C. 4105.
---------------------------------------------------------------------------
(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) \351\ 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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\351\ 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) \351\ 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) \351\ to fill positions from any appropriate
source;
(6) \351\ to determine the need for uniform personnel
policies and procedures between or among the agencies
to which this chapter applies; and
(7) \351\ 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.\352\ 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.
---------------------------------------------------------------------------
\352\ 22 U.S.C. 4106.
---------------------------------------------------------------------------
(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,\353\ for each day they are performing their duties
(including traveltime).
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\353\ The current rate of compensation at level V of the Executive
Schedule is $133,900 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
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(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.\354\ Functions of the Board.--(a) The Board
shall--
---------------------------------------------------------------------------
\354\ 22 U.S.C. 4107.
---------------------------------------------------------------------------
(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.\355\ Functions of the General Counsel.--The
General Counsel may--
---------------------------------------------------------------------------
\355\ 22 U.S.C. 4108.
---------------------------------------------------------------------------
(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.\356\ 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.
---------------------------------------------------------------------------
\356\ 22 U.S.C. 4109.
---------------------------------------------------------------------------
(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.\357\ 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:
---------------------------------------------------------------------------
\357\ 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.\358\ 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.
---------------------------------------------------------------------------
\358\ 22 U.S.C. 4111.
---------------------------------------------------------------------------
(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.\359\ Employees Represented.--The employees of
the Department shall constitute a single and separate worldwide
bargaining unit, from which there shall be excluded--
---------------------------------------------------------------------------
\359\ 22 U.S.C. 4112.
---------------------------------------------------------------------------
(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.\360\ 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.
---------------------------------------------------------------------------
\360\ 22 U.S.C. 4113.
---------------------------------------------------------------------------
(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.\361\ 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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\361\ 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.\362\ Unfair Labor Practices.--(a) It shall be an
unfair labor practice for the Department--
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\362\ 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),\363\ 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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\363\ 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.\364\ 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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\364\ 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.\365\ 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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\365\ 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) \366\ (1) Notwithstanding any other provision of this
chapter--
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\366\ 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) \367\ For the purposes of paragraph (1)(A)(ii) and
paragraph (1)(B), the term ``management official'' does not
include--
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\367\ Sec. 2315 of the Foreign Relations Authorization Act, 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.\368\ 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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\368\ 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.\369\ 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) \370\ 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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\369\ 22 U.S.C. 4131.
\370\ 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; \371\
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\371\ 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 subpara. (F); replaced the period at the end of
subpara. (G) with ``; and''; and added a new subpara. (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
\371\
(H) \371\ 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,\372\ 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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\372\ Sec. 181(a)(4)(A) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), struck
out ``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).\373\
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\373\ 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)''. Subpara. (B) of that section further added the closing
sentence to para. 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.\373\
(c) This chapter applies only with respect to the
Department of State, the Broadcasting Board of Governors, the
Agency for International Development,\374\ the Department of
Agriculture, and the Department of Commerce.
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\374\ 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.\375\ 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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\375\ 22 U.S.C. 4132.
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Sec. 1103.\376\ 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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\376\ 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.\377\
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\377\ Sec. 329 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-438), 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.\378\ Time Limitations.--(a) A grievance is
forever barred under this chapter \379\ 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 more than three
years \380\ after the occurrence giving rise to the
grievance.\381\ 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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\378\ 22 U.S.C. 4134.
\379\ 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.''.
\380\ Sec. 317 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out ``but in no
case less than two years'' and inserted in lieu thereof ``but in no
case more than three years''.
\381\ Sec. 330(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-438), 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) \382\ (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'' \383\ shall be deemed to read ``180 days'',
subject to paragraph (2).
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\382\ 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.''.
\383\ Sec. 330(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-438), 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.\384\ 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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\384\ 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) \385\ (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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\385\ Sec. 331 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-439), 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.\386\ Board Procedures.--The Board may adopt
regulations concerning its organization and procedures. Such
regulations shall include provision for the following:
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\386\ 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
(other than an involuntary separation for cause under
section 610(a)),\387\ the \388\ disciplinary action
against the grievant, or \389\ 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.\390\ 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.\391\
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\387\ Sec. 5(1) of Public Law 109-140 (119 Stat. 2652) inserted
``the involuntary separation of the grievant (other than an involuntary
separation for cause under section 610(a)),'' after ``considering''.
\388\ Sec. 314(b)(1)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out
``involuntary separation of the grievant,'' at this point.
\389\ Sec. 5(2) of Public Law 109-140 (119 Stat. 2652), struck out
``the grievant or'' and inserted in lieu thereof ``the grievant,
or''.Previously, sec. 314(b)(1)(B) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1379), struck out ``grievant, or'' and inserted in lieu thereof
``grievant or''.
\390\ 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.''.
\391\ Sec. 314(b)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1379), struck out
``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 or with respect to any action which
would delay the separation of an employee pursuant to a reduction in
force conducted under section 611.''. This sentence was originally
added by sec. 586(a) of the Foreign Relations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1252), and amended by sec. 143(b) of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105
Stat. 668), and sec. 181(a)(4)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 417).
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(9) The Board may reconsider any decision upon
presentation of newly discovered or previously
unavailable material evidence.
Sec. 1107.\392\ 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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\392\ 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) \393\ 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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\393\ Sec. 181(a) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1363),
inserted para. designation (1) after (d), and added new paras. (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) \393\ 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) \393\ (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) \394\ (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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\394\ Sec. 182 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1364), added subsec.
(e).
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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) \395\ 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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\395\ 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.\396\ 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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\396\ 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.\397\ Relationship to Other Remedies.--(a)(1)
\398\ 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 \399\ 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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\397\ 22 U.S.C. 4139.
\398\ Sec. 153(d)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), added
para. designation (1) and redesignated subsec. (b) as para. (2). In
newly designated para. (2), it further struck ``subsection (a)'' and
inserted ``paragraph (1)''; struck ``under this section'' and inserted
``under this subsection''; and added a new para. (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.''.
\399\ Sec. 9 of the Whistleblower Protection Act (Public Law 101-
12; 103 Stat. 35) made a conforming amendment at this point, striking
reference to sec. 1206 and inserting reference to secs. 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) \398\ This subsection shall not apply to any grievance
with respect to which subsection (b) applies.
(b) \400\ (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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\400\ 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).
Sec. 153(f) of that Act 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.\401\ Judicial Review.--(a) \402\ 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).\403\ 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.\402\
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\401\ 22 U.S.C. 4140.
\402\ 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).
Sec. 153(f) of that Act 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.''.
\403\ 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) \402\ (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 \404\
Sec. 1201.\404\, \405\ 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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\404\ 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.''.
\405\ 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.\404\, \406\ Foreign Service
Internship Program.
---------------------------------------------------------------------------
\406\ 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.\407\
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\407\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
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(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
\408\ of the House of Representatives and the Committee on
Foreign Relations of the Senate.
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\408\ 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.\404\, \409\ Report to Congress.
---------------------------------------------------------------------------
\409\ 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.\404\, \410\ Authorization of
Appropriations.
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\410\ 22 U.S.C. 4141c. Sec. 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.
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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.\411\ 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--
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\411\ 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.\412\ 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--
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\412\ 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.\413\ 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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\413\ 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.\414\
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\414\ Sec. 128 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1027), struck out
``determined in accordance with chapter 8 of title I of this Act'' and
inserted in lieu thereof ``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''.
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Sec. 2104.\415\ 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--
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\415\ 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 \416\ 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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\416\ ``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) \417\ 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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\417\ 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.\418\ 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--
---------------------------------------------------------------------------
\418\ 22 U.S.C. 4155.
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(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.\419\ 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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\419\ 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.\420\ Regulations.--Under the direction of the
President, the Secretary shall prescribe regulations for the
implementation of this chapter.
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\420\ 22 U.S.C. 4157.
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Sec. 2108.\421\ 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.
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\421\ 22 U.S.C. 4158.
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Sec. 2109.\422\ 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).
---------------------------------------------------------------------------
\422\ 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.\423\ Basic Authorities of the Department of
State.--* * *
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\423\ Sec. 2201 consisted of amendments to the State Department
Basic Authorities Act of 1956.
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Sec. 2202.\424\ Peace Corps Act.--* * *
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\424\ Sec. 2202 consisted of amendments to the Peace Corps Act.
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Sec. 2203.\425\ Foreign Assistance Act.--* * *
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\425\ Sec. 2203 consisted of amendments to the Foreign Assistance
Act of 1961.
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Sec. 2204.\426\ Arms Control and Disarmament Act.--* * *
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\426\ 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.\427\ 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.\407\
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\427\ 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) \428\ 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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\428\ 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 subsec. (c), 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.\429\ 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.
---------------------------------------------------------------------------
\429\ 22 U.S.C. 4172.
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(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.\430\ Congressional Oversight of
Implementation.--
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\430\ 22 U.S.C. 4173.
---------------------------------------------------------------------------
(a) \431\ * * * [Repealed--1987]
---------------------------------------------------------------------------
\431\ Sec. 185(c)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366),
repealed subsecs. (a) and (b). 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.
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(b) \431\ * * * [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).\432\ 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.
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\432\ Sec. 185(c)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366), struck
out ``this section'' and inserted in lieu thereof ``section
601(c)(4)''.
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Sec. 2403.\433\ Effective Date.--(a) Except as otherwise
provided, this Act shall take effect on February 15, 1981.
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\433\ 22 U.S.C. 3901 note. Sec. 119(b) Public Law 99-93 (99 Stat.
405) repealed subsec. (c).
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).''.
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(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) \433\ * * * [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. Department of State Authorities
Partial text of Public Law 109-140 [H.R. 4436], 119 Stat. 2650,
approved December 22, 2005
AN ACT To provide certain authorities 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. REDI CENTER.
(a) Authorization.--The Secretary of State is authorized to
provide for the participation by the United States in the
Regional Emerging Diseases Intervention Center (in this section
referred to as ``REDI Center'') in Singapore, as established by
the Agreement described in subsection (c).
(b) Consultation and Report.--
(1) Consultation.--Prior to the review required under
Article 6.3 of the Agreement described in subsection
(c), the Secretary shall consult with the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) Report.--In connection with the submission of the
annual congressional budget justification, the
Secretary shall report on efforts undertaken at the
REDI Center with regard to bioterrorism concerns.
(c) Agreement Described.--The Agreement referred to in this
section is the Agreement between the Governments of the United
States of America and the Republic of Singapore Establishing
the Regional Emerging Diseases Intervention Center, done at
Singapore, November 22, 2005.
SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C.
4084) is amended * * *
SEC. 3. ACCOUNTABILITY REVIEW BOARDS.
Section 301(a) of the Diplomatic Security Act (22 U.S.C.
4831(a)) is amended--* * *
SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER
PAY ALLOWANCES.
(a) Repeal of Limited-Scope Effective Date for Previous
Increase.--Subsection (c) of section 591 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (division D of Public Law 108-199) is
repealed.
(b) Post Differentials.--Section 5925(a) of title 5, United
States Code, is amended in the third sentence by striking ``25
percent of the rate of basic pay or, in the case of an employee
of the United States Agency for International Development,''.
(c) Danger Pay Allowances.--Section 5928 of title 5, United
States Code, is amended by striking ``25 percent of the basic
pay of the employee or 35 percent of the basic pay of the
employee in the case of an employee of the United States Agency
for International Development'' both places that it appears and
inserting ``35 percent of the basic pay of the employee''.
(d) \1\ Criteria.--The Secretary of State shall inform the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate of the criteria to be used in determinations of
appropriate adjustments in post differentials under section
5925(a) of title 5, United States Code, as amended by
subsection (b), and danger pay allowances under section 5928 of
title 5, United States Code, as amended by subsection (c).
---------------------------------------------------------------------------
\1\ 5 U.S.C. 5925 note.
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(e) Study and Report.--Not later than two years after the
date of the enactment of this Act, the Secretary of State shall
conduct a study assessing the effect of the increases in post
differentials and danger pay allowances made by the amendments
in subsections (b) and (c), respectively, in filling ``hard-to-
fill'' positions and shall submit a report of such study to the
committees specified in subsection (d) and to the Committee on
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES.
Section 1106(8) of the Foreign Service Act of 1980 (22
U.S.C. 4136(8)) is amended in the first sentence--* * *
SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
Section 504(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) is amended * * *
SEC. 7. OFFICIAL RESIDENCE EXPENSES.
Section 5913 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(c) Funds made available under subsection (b) may be
provided in advance to persons eligible to receive
reimbursements.''.
SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION
BENEFITS.
Section 305(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended * * *
c. 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; as 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; 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; and Public Law 109-
108 [Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006; H.R. 2862], 119 Stat. 2290, approved November
22, 2005
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. 1501A-468), 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 274.
---------------------------------------------------------------------------
(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............................................ 873
Sec. 1002. Organization of division into subdivisions; table of
contents...................................................... 873
Subdivision A--Consolidation of Foreign Affairs Agencies
TITLE XI--GENERAL PROVISIONS
Sec. 1101. Short title............................................ 876
Sec. 1102. Purposes............................................... 876
Sec. 1103. Definitions............................................ 876
Sec. 1104. Report on budgetary cost savings resulting from
reorganization................................................ 877
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 1201. Effective date......................................... 877
Chapter 2--Abolition and Transfer of Functions
Sec. 1211. Abolition of United States Arms Control and Disarmament
Agency........................................................ 878
Sec. 1212. Transfer of functions to Secretary of State............ 878
Sec. 1213. Under Secretary for Arms Control and International
Security...................................................... 878
Chapter 3--Conforming Amendments
Sec. 1221. References............................................. 878
Sec. 1222. Repeals................................................ 878
Sec. 1223. Amendments to the Arms Control and Disarmament Act..... 878
Sec. 1224. Compensation of officers............................... 878
Sec. 1225. Additional conforming amendments....................... 879
TITLE XIII--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 1301. Effective date......................................... 879
Chapter 2--Abolition and Transfer of Functions
Sec. 1311. Abolition of United States Information Agency.......... 879
Sec. 1312. Transfer of functions.................................. 879
Sec. 1313. Under Secretary of State for Public Diplomacy.......... 880
Sec. 1314. Abolition of Office of Inspector General of United
States Information Agency and transfer of functions........... 880
Chapter 3--International Broadcasting
Sec. 1321. Congressional findings and declaration of purpose...... 880
Sec. 1322. Continued existence of Broadcasting Board of Governors. 881
Sec. 1323. Conforming amendments to the United States
International Broadcasting Act of 1994........................ 881
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act....... 881
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.. 881
Sec. 1326. Transfer of broadcasting related funds, property, and
personnel..................................................... 881
Sec. 1327. Savings provisions..................................... 882
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.... 884
Chapter 4--Conforming Amendments
Sec. 1331. References............................................. 884
Sec. 1332. Amendments to title 5, United States Code.............. 885
Sec. 1333. Application of certain laws............................ 885
Sec. 1334. Abolition of United States Advisory Commission on
Public Diplomacy.............................................. 886
Sec. 1335. Conforming amendments.................................. 887
Sec. 1336. Repeals................................................ 887
TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Chapter 1--General Provisions
Sec. 1401. Effective date......................................... 887
Chapter 2--Abolition and Transfer of Functions
Sec. 1411. Abolition of United States International Development
Cooperation Agency............................................ 888
Sec. 1412. Transfer of functions and authorities.................. 888
Sec. 1413. Status of AID.......................................... 888
Chapter 3--Conforming Amendments
Sec. 1421. References............................................. 889
Sec. 1422. Conforming amendments.................................. 889
TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 1501. Effective date......................................... 890
Chapter 2--Reorganization and Transfer of Functions
Sec. 1511. Reorganization of Agency for International Development. 890
Chapter 3--Authorities of the Secretary of State
Sec. 1521. Definition of United States assistance................. 890
Sec. 1522. Administrator of AID reporting to the Secretary of
State......................................................... 891
Sec. 1523. Assistance programs coordination and oversight......... 891
TITLE XVI--TRANSITION
Chapter 1--Reorganization Plan
Sec. 1601. Reorganization plan and report......................... 892
Chapter 2--Reorganization Authority
Sec. 1611. Reorganization authority............................... 895
Sec. 1612. Transfer and allocation of appropriations.............. 895
Sec. 1613. Transfer, appointment, and assignment of personnel..... 896
Sec. 1614. Incidental transfers................................... 897
Sec. 1615. Savings provisions..................................... 897
Sec. 1616. Authority of Secretary of State to facilitate
transition.................................................... 899
Sec. 1617. Final report........................................... 899
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 secs. 36, 38, 42, 71, and 73,
see Legislation on Foreign Relations Through 2005, 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
2005, 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--
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\22\ 22 U.S.C. 6543.
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(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:
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\23\ 22 U.S.C. 6544.
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(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--
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\24\ 22 U.S.C. 6551.
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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.
(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.
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\25\ 22 U.S.C. 6552.
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(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.
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\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. 1501A-434), 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. 1501A-434), 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, 2006.\29\
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\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. 1501A-446), 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.--
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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.''.
\29\ Sec. 410 of the Department of State and Related Agency
Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
2327), struck out ``October 1, 2005'' and inserted in lieu thereof
``October 1, 2006''. Previously, sec. 407 of the Department of State
and Related Agency Appropriations Act, 2002 (title IV of Public Law
107-77; 115 Stat. 790), struck out ``October 1, 2001'' and inserted in
lieu thereof ``October 1, 2005''.
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SEC. 1335. CONFORMING AMENDMENTS. * * * \30\
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\30\ 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.
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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.\31\ EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
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\31\ 22 U.S.C. 6561 note.
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(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.\32\ 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.
---------------------------------------------------------------------------
\32\ 22 U.S.C. 6561.
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(b) AID and OPIC Exempted.--Subsection (a) does not apply
to the Agency for International Development or the Overseas
Private Investment Corporation.
SEC. 1412.\33\ 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.
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\33\ 22 U.S.C. 6562.
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(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.\34\ 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.
---------------------------------------------------------------------------
\34\ 22 U.S.C. 6563.
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(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.\35\ 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--
---------------------------------------------------------------------------
\35\ 22 U.S.C. 6571.
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(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.\36\ EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
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\36\ 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.\37\ 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.
---------------------------------------------------------------------------
\37\ 22 U.S.C. 6581.
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(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.\38\ 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:
---------------------------------------------------------------------------
\38\ 22 U.S.C. 6591.
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(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.\39\ 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.
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\39\ 22 U.S.C. 6592.
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SEC. 1523.\40\ 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).
---------------------------------------------------------------------------
\40\ 22 U.S.C. 6593.
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(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.\41\ 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--
---------------------------------------------------------------------------
\41\ 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.\42\ 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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\42\ 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.\43\ 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.
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\43\ 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.\44\ TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.
(a) Transfer of Personnel From ACDA and USIA.--Except as
otherwise provided in title XIII--
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\44\ 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.\45\ 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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\45\ 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. 1501A-444), 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.\46\ 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.
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\46\ 22 U.S.C. 6614.
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SEC. 1615.\47\ 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--
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\47\ 22 U.S.C. 6615.
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(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.\48\ 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.
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\48\ 22 U.S.C. 6616.
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SEC. 1617.\49\ 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.
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\49\ 22 U.S.C. 6617.
d. 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 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.
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(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.
e. 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. 2205(4) of the Foreign Service Act of 1980 (Public Law 96-
465; 94 Stat. 2160) repealed sec. 522.
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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.
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\2\ 22 U.S.C. 1076 note.
\3\ The Foreign Service Act of 1980 (Public Law 96-465) repealed
and replaced the Act of 1946. Sec. 2401(c) of the 1980 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) \5\ 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
---------------------------------------------------------------------------
\5\ As enrolled; no paras. (1) and (2).
---------------------------------------------------------------------------
(B) \5\ 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.
f. 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.
g. 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; Executive Order 13118, March 31, 1999, 64 F.R.
16595; Executive Order 13325, January 23, 2004, 69 F.R. 4217; and
Executive Order 13374, March 14, 2005, 70 F.R. 12961
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
Administrator of the United States Agency for International
Development,\2\ 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. 2 of Executive Order 13374 (70 F.R. 12961) struck out
``the Director of the International Communication Agency, the Director
of the United States International Development Cooperation Agency'' and
inserted in lieu thereof ``the Administrator of the United States
Agency for International Development''. Previously, 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'', and 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.\3\ Pursuant to section 402 of the Foreign Service
Act (22 U.S.C. 3962), and subject to any restrictions therein,
there are established the following salary classes with titles
for the Senior Foreign Service, at the following ranges of
basic rates of pay:
---------------------------------------------------------------------------
\3\ Executive Order 13325 (January 23, 2004; 69 F.R. 4217) amended
and restated sec. 4. It was further amended and restated by sec. 1 of
Executive Order 13374 (March 14, 2005; 70 F.R. 12961).
---------------------------------------------------------------------------
(a) Career Minister
Range from 100 percent of the minimum rate of basic
pay for senior-level positions under 5 U.S.C. 5376 to
100 percent of the rate payable for level II of the
Executive Schedule.
(b) Minister-Counselor
Range of 100 percent of the minimum rate of basic pay
for senior-level positions under 5 U.S.C. 5376 to 107
percent of the rate payable for level III of the
Executive Schedule.
(c) Counselor
Range of 100 percent of the minimum rate of basic pay
for senior-level positions under 5 U.S.C. 5376 to 102
percent of the rate payable for level III of the
Executive Schedule.
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\ Executive Order 12363 added secs. 9 and 10. 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.''.
---------------------------------------------------------------------------
(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\ Sec. 5 of Executive Order 12388 struck out ``International
Communication Agency'' and inserted in lieu thereof ``United States
Information Agency''.
---------------------------------------------------------------------------
(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.
h. Providing an Order of Succession Within the Department of State
Executive Order 13251, December 28, 2001, 67 F.R. 1599, 5 U.S.C. 3345
note; as amended by Executive Order 13261, March 19, 2002, 67 F.R.
13243
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Vacancies Reform Act of 1998, 5 U.S.C.
3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this
order, the officers named in section 2, in the order listed,
shall act as, and perform the duties of, the office of the
Office of Secretary of State (Secretary) during any period in
which the Secretary has died, resigned, or otherwise become
unable to perform the functions and duties of the office of
Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of State.
(b) Deputy Secretary of State for Management and
Resources.
(c) Under Secretary of State designated for political
affairs pursuant to section 2651a(b) of title 22,
United States Code;
(d) Under Secretary of State designated for
management affairs pursuant to section 2651a(b) of
title 22, United States Code;
(e) The remaining Under Secretaries of State, in the
order in which they shall have taken the oath of office
as such;
(f) Assistant Secretaries of State designated for
regional bureaus pursuant to section 2651a(c) of title
22, United States Code, in the order in which they
shall have taken the oath of office as such;
(g) The following officers, in the order in which
they shall have taken the oath of office as such:
(1) Remaining Assistant Secretaries of State;
(2) Coordinator for Counterterrorism;
(3) Director General of the Foreign Service;
and
(4) Legal Adviser;
(h) United States Representative to the United
Nations (New York);
(i) Deputy United States Representative to the United
Nations (New York);
(j) The following other United States Representative
to the United Nations (New York), in the order in which
they shall have taken the oath of office as such:
(1) United States Representative to the
United Nations for United Nations Management
and Reform;
(2) United States Representative to the
United Nations on the Economic and Social
Council of the United Nations; and
(3) Alternative United States Representative
to the United Nations for Special Political
Affairs in the United Nations;
(k) The following Chiefs of Mission, in the order
listed:
(1) United States Ambassador to the United
Kingdom;
(2) United States Ambassador to Canada;
(3) United States Ambassador to Australia;
(4) United States Ambassador to Mexico;
(5) United States Ambassador to Japan; and
(6) United States Ambassador to India;
(l) The following officers, in the order in which
they shall have taken the oath of office as such:
(1) United States Ambassadors at Large;
(2) Counselor; and
(3) Special Representatives of the President;
and
(m) The remaining Chiefs of Mission, in the order in
which they shall have taken the oath of office as such.
Sec. 3. Exceptions.
(a) No individual who has not been appointed by the
President by and with the consent of the Senate shall act as
Secretary pursuant to this order.
(b) \1\ No individual who is serving in an office listed in
section 2(a)-(m) in an acting capacity shall, by virtue of so
serving, act as Secretary pursuant to this order.
---------------------------------------------------------------------------
\1\ Sec. 4(i) of Executive Order 13261 (March 19, 2002; 67 F.R.
13243), replaced the text of subsec. (b), which had read as follows:
``(b) No individual who is serving in an office listed in section
2(a)-(m) in an acting capacity shall act as Secretary pursuant to this
order.''.
---------------------------------------------------------------------------
(c) Notwithstanding the provisions of this order, the
President retains discretion, to the extent permitted by the
Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to
depart from this order in designating an acting Secretary.
(d) A successor office, intended to be the equivalent of an
office identified in section 2 of this order, shall be deemed
to be the position identified in section 2 for purposes of this
order.
Sec. 4. Executive Order 12343 of January 27, 1982, is
hereby revoked.\2\
---------------------------------------------------------------------------
\2\ Executive Order 12343 (January 27, 1982; 47 F.R. 4225) had
provided, in part, that, in the event of the unavailability of the
Secretary of State or Deputy Secretary of State, ``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.''.
i. 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; Public Law
106-567 [Intelligence Authorization Act for Fiscal Year 2001; H.R.
5630], 114 Stat. 2831, approved December 27, 2000; Public Law 107-56
[Uniting and Strengthening American By Providing Appropriate Tools
Required To Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001; H.R. 3162], 115 Stat. 272, approved October 26, 2001; Public Law
107-108 [Intelligence Authorization Act for Fiscal Year 2002; H.R.
2883], 115 Stat. 11394, approved December 28, 2001; Public Law 107-296
[Homeland Security Act of 2002; H.R. 5005], 116 Stat. 2135, approved
November 25, 2002; and Public Law 108-458 [Intelligence Reform and
Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638, approved
December 17, 2004
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 \2\
---------------------------------------------------------------------------
\2\ As amended; see notes at sections.
---------------------------------------------------------------------------
Page
Title I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 101. Definitions............................................. 916
Sec. 102. Authorization for electronic surveillance for foreign
intelligence purposes......................................... 920
Sec. 103. Designation of judges................................... 922
Sec. 104. Application for an order................................ 922
Sec. 105. Issuance of an order.................................... 925
Sec. 106. Use of information...................................... 930
Sec. 107. Report of electronic surveillance....................... 932
Sec. 108. Congressional oversight................................. 933
Sec. 109. Penalties............................................... 933
Sec. 110. Civil liability......................................... 934
Sec. 111. Authorization during time of war........................ 934
TITLE II--CONFORMING AMENDMENTS
* * * * * * *
TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 301. Definitions............................................. 934
Sec. 302. Authorization of physical searches for foreign
intelligence purposes......................................... 936
Sec. 303. Application for an order................................ 938
Sec. 304. Issuance of an order.................................... 940
Sec. 305. Use of information...................................... 943
Sec. 306. Congressional oversight................................. 945
Sec. 307. Penalties............................................... 946
Sec. 308. Civil liability......................................... 946
Sec. 309. Authorization during time of war........................ 947
TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 401. Definitions............................................. 947
Sec. 402. Pen registers and trade and trace devices for foreign
intelligence and international terrorism investigations....... 947
Sec. 403. Authorization during emergencies........................ 950
Sec. 404. Authorization during time of war........................ 951
Sec. 405. Use of information...................................... 951
Sec. 406. Congressional oversight................................. 953
TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
Sec. 501. Access to certain business records for foreign
intelligence and international terrorism investigations....... 954
Sec. 502. Congressional oversight................................. 955
TITLE VI--REPORTING REQUIREMENT
Sec. 601. Semiannual report of the attorney general............... 955
TITLE VII--EFFECTIVE DATE
Sec. 701. Effective date.......................................... 956
TITLE I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
definitions
Sec. 101.\3\ As used in this title:
---------------------------------------------------------------------------
\3\ 50 U.S.C. 1801.
---------------------------------------------------------------------------
(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 \4\ or activities in preparation
therefor;
---------------------------------------------------------------------------
\4\ Note use of the term ``terrorism'' as defined in sec. 101(c)
for purposes of this title.
---------------------------------------------------------------------------
(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
(C) \5\ engages in international
terrorism or activities in preparation
therefore; or
---------------------------------------------------------------------------
\5\ Sec. 6001(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) added
subpara. (C). Sec. 6001(b) of that Act, however, provided that ``The
amendment made by subsection (a) shall be subject to the sunset
provision in section 224 of Public Law 107-56 (115 Stat. 295),
including the exception provided in subsection (b) of such section
224.''.
Sec. 224 of Public Law 107-56 (115 Stat. 295), read as follows:
---------------------------------------------------------------------------
``sec. 224. sunset.
---------------------------------------------------------------------------
``(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title (other than sections 203(a),
203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the
amendments made by those sections) shall cease to have effect on
December 31, 2005.
``(b) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which the
provisions referred to in subsection (a) cease to have effect, or with
respect to any particular offense or potential offense that began or
occurred before the date on which such provisions cease to have effect,
such provisions shall continue in effect.''.
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(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,\6\
---------------------------------------------------------------------------
\6\ 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) \6\ 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) \6\ 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 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, but
does not include the acquisition of those
communications of computer trespassers that
would be permissible under section 2511(2)(i)
of title 18, United States Code; \7\
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\7\ Sec. 1003 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
392) inserted ``, but does not include the acquisition of those
communications of computer trespassers that would be permissible under
section 2511(2)(i) of title 18, United States Code''.
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(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 72 hours \8\ 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.
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\8\ Sec. 314(a)(1) of the Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out ``twenty-four
hours'' and inserted in lieu thereof ``72 hours''.
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(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.\9\ (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--
---------------------------------------------------------------------------
\9\ 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 Nation Intelligence,\10\ and shall remain sealed
unless--
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\10\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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 National
Intelligence \10\ 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.\11\ (a) The Chief Justice of the United States
shall publicly designate 11 district court judges \12\ from
seven of the United States judicial circuits of whom no fewer
than 3 shall reside within 20 miles of the District of Columbia
\13\ 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).
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\11\ 50 U.S.C. 1803.
\12\ Sec. 208(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 283) struck out ``seven district court judges'' and inserted in
lieu thereof ``11 district court judges''.
\13\ Sec. 208(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 283) inserted ``of whom no fewer than 3 shall reside within 20
miles of the District of Columbia'' after ``circuits''.
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(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 National Intelligence.\14\
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\14\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National 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.\15\ (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--
---------------------------------------------------------------------------
\15\ 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 significant purpose \16\ of the
surveillance is to obtain foreign intelligence
information;
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\16\ Sec. 218 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
291) struck out ``the purpose'' and inserted in lieu thereof ``a
significant purpose'' in this section and in sec. 303(a)(7)(B).
---------------------------------------------------------------------------
(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) \17\ (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 National
Intelligence,\18\ 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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\17\ Sec. 602(a) of the Counterintelligence Reform Act of 2000
(title VI of Public Law 106-567; 114 Stat. 2851) added subsec. (e).
\18\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
---------------------------------------------------------------------------
(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.\19\ (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--
---------------------------------------------------------------------------
\19\ 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) \20\ 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.
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\20\ 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) \20\ 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, if known; \21\
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\21\ Sec. 314(a)(2)(A) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) inserted ``, if
known''.
---------------------------------------------------------------------------
(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, or in circumstances where the
Court finds that the actions of the target of
the application may have the effect of
thwarting the identification of a specified
person, such other persons,\22\ 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;
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\22\ Sec. 206 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
282) inserted ``or in circumstances where the Court finds that the
actions of the target of the application may have the effect of
thwarting the identification of a specified person, such other
persons,'' after ``specified person''.
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(C) that such carrier, landlord, custodian,
or other person maintain under security
procedures approved by the Attorney General and
the Director of National Intelligence \23\ any
records concerning the surveillance or the aid
furnished that such person wishes to retain;
and
---------------------------------------------------------------------------
\23\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
---------------------------------------------------------------------------
(D) that the applicant compensate, at the
prevailing rate, such carrier, landlord,
custodian, or other person for furnishing such
aid.
(d) \20\ 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),\24\ 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.
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\24\ 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) \20\ (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
(A) \25\ 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, and (B) \25\ an order under this Act for a surveillance
targeted against an agent of a foreign power specified in the
application or for 120 days, whichever is less.
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\25\ Sec. 207(a)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 282) inserted ``(A)'' after ``except that'', and added ``, and
(B)'' and the text that follows to the end of para. (1).
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(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 (A) \26\
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, and (B) an
extension of an order under this Act for a surveillance
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for a period not to exceed 1
year.\26\
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\26\ Sec. 207(b)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 282), as amended by sec. 314(c)(1) of the Intelligence
Authorization Act for Fiscal Year 2002 (Public Law 107-108; 115 Stat.
1402), inserted ``(A)'' after ``except that'', and added ``, and (B)''
and the text that follows to the end of para. (1).
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(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) \20\ 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 72 hours \27\ 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 72 hours \27\
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.
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\27\ Sec. 314(a)(2)(B) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out
``twenty-four hours'' and inserted in lieu thereof ``72 hours''.
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(g) \20\ 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) \20\ 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.
(i) \28\ 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
in accordance with a court order or request for emergency
assistance under this Act for electronic surveillance or
physical search.\28\
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\28\ Sec. 225 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
295) added this subsection as a second subsec. (h). Sec. 314(a)(2)(C)
of the Intelligence Authorization Act for Fiscal Year 2002 (Public Law
107-108; 115 Stat. 1402) moved the text to follow the first subsec. (h)
and redesignated the text as subsec. (i). Sec. 314(a)(2)(D) of that Act
inserted ``for electronic surveillance or physical search'' before the
period at the end of the subsection. Subsequently, sec. 4005(c) of the
Criminal Law Technical Amendments Act of 2002 (title IV of Public Law
107-273; 116 Stat. 1812) amended sec. 225 of Public Law 107-56 so that
the amendment adding a second subsec. (h) would be enacted as subsec.
(i).
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use of information
Sec. 106.\29\ (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.
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\29\ 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:
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``(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.
(k) \30\ (1) Federal officers who conduct electronic
surveillance to acquire foreign intelligence information under
this title may consult with Federal law enforcement officers or
law enforcement personnel of a State or political subdivision
of a State (including the chief executive officer of that State
of political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision) \31\ to coordinate efforts to
investigate or protect against--
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\30\ Sec. 504(a) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) added subsec. (k).
\31\ Sec. 898 of the Homeland Security Information Sharing Act
(subtitle I of title VIII of the Homeland Security Act of 2002; Public
Law 107-296; 116 Stat. 2258) inserted ``or law enforcement personnel of
a State or political subdivision of a State (including the chief
executive officer of that State of political subdivision who has the
authority to appoint or direct the chief law enforcement officer of
that State or political subdivision)'' after ``law enforcement
officers''.
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(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.
(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 104(a)(7)(B) or
the entry of an order under section 105.
report of electronic surveillance
Sec. 107.\32\ 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--
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\32\ 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 eliminate
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.\33\ (a)(1) \34\ 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.
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\33\ 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 eliminate
certain reporting requirements does not apply to secs. 107 and 108 of
this Act.
\34\ 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 a new para. (2).
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(2) \34\ 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.\35\ (a) Offense.--A person is guilty of an
offense if he intentionally--
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\35\ 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) Jurisdiction.--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.
civil liability
Sec. 110.\36\ 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--
---------------------------------------------------------------------------
\36\ 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.\37\
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.
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\37\ 50 U.S.C. 1811.
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TITLE II--CONFORMING AMENDMENTS
* * * * * * *
TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES \38\
definitions
Sec. 301.\39\ As used in this title:
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\38\ Title III was added by sec. 807(b) of the Intelligence
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat.
3443).
\39\ 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 72 hours
\40\ 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.
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\40\ Sec. 314(a)(3) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out ``24
hours'' and inserted in lieu thereof ``72 hours''.
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(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.\41\ (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--
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\41\ 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 National Intelligence,\42\
and shall remain sealed unless--
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\42\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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 National
Intelligence \43\ any records concerning the search or
the aid furnished that such person wishes to retain.
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\43\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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
National Intelligence.\43\
application for an order
Sec. 303.\44\ (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--
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\44\ 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 significant purpose \45\ of the
search is to obtain foreign intelligence
information;
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\45\ Sec. 218 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
291) struck out ``the purpose'' and inserted in lieu thereof ``a
significant purpose'' in this section and in sec. 104(a)(7)(B).
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(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) \46\ (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 National
Intelligence,\47\ 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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\46\ Sec. 603(a) of the Counterintelligence Reform Act of 2000
(title VI of Public Law 106-567; 114 Stat. 2852) added subsec. (d).
\47\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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.\48\ (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--
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\48\ 50 U.S.C. 1824.
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(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) \49\ 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.
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\49\ 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).
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(c) \49\ 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 National Intelligence \50\ any
records concerning the search or the aid
furnished that such person wishes to retain;
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\50\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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) \49\ (1) An order issued under this section may approve
a physical search for the period necessary to achieve its
purpose, or for 90 \51\ days, whichever is less, except that
(A) \52\ 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, and (B) an order under this section for a physical search
targeted against an agent of a foreign power as defined in
section 101(b)(1)(A) may be for the period specified in the
application or for 120 days, whichever is less.\52\
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\51\ Sec. 207(a)(2)(A) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 282) struck out ``forty-five'' and inserted in lieu thereof
``90''.
\52\ Sec. 207(a)(2)(B) and (C) of the USA PATRIOT ACT (Public Law
107-56; 115 Stat. 282) added ``(A)'' after ``except that'' and clause
(B) at the end of the para.
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(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, or against an
agent of a foreign power as defined in section
101(b)(1)(A),\53\ 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.
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\53\ Sec. 207(b)(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 282) inserted ``or against an agent of a foreign power as defined
in section 101(b)(1)(A),'' after ``not a United States person,''.
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(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) \49\ (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 72 hours \54\ after the Attorney General
authorizes such search.
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\54\ Sec. 314(a)(4) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out ``24
hours'' and inserted in lieu thereof ``72 hours''.
---------------------------------------------------------------------------
(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 72 hours \54\ 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) \49\ 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.\55\ (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.
---------------------------------------------------------------------------
\55\ 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.
(k) \56\ (1) Federal officers who conduct physical searches
to acquire foreign intelligence information under this title
may consult with Federal law enforcement officers or law
enforcement personnel of a State or political subdivision of a
State (including the chief executive officer of that State or
political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision) \57\ to coordinate efforts to
investigate or protect against--
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\56\ Sec. 504(b) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 364) added subsec. (k).
\57\ Sec. 899 of the Homeland Security Information Sharing Act
(subtitle I of title VIII of the Homeland Security Act of 2002; Public
Law 107-296; 116 Stat. 2258) inserted ``or law enforcement personnel of
a State or political subdivision of a State (including the chief
executive officer of that State of political subdivision who has the
authority to appoint or direct the chief law enforcement officer of
that State or political subdivision)'' after ``law enforcement
officers''.
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(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.
(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 303(a)(7) or the
entry of an order under section 304.
congressional oversight
Sec. 306.\58\ 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--
---------------------------------------------------------------------------
\58\ 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.\59\ (a) A person is guilty of an offense if he
intentionally--
---------------------------------------------------------------------------
\59\ 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.\60\ 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--
---------------------------------------------------------------------------
\60\ 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.\61\ 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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\61\ 50 U.S.C. 1829.
---------------------------------------------------------------------------
TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES \62\
definitions
Sec. 401.\63\ As used in this title:
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\62\ Added by sec. 601 of Public Law 105-272 (112 Stat. 2404).
\63\ 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.\64\ (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 obtain foreign intelligence information not
concerning a United States person or to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution \65\ 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.
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\64\ 50 U.S.C. 1842.
\65\ Sec. 214(a)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 286) struck out ``for any investigation to gather foreign
intelligence information or information concerning international
terrorism'' and inserted in lieu thereof ``for any investigation to
obtain foreign intelligence information not concerning a United States
person or to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of a United
States person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution''.
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(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) \66\ Each application under this section shall require
the approval of the Attorney General, or a designated attorney
for the Government, and shall include--
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\66\ Sec. 214(a)(3) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 286) struck out subsec. (c)(3), which had read as follows:
``(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--
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``(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.''.
(1) the identity of the Federal officer seeking to
use the pen register or trap and trace device covered
by the application; and \67\
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\67\ Sec. 314(a)(5)(A) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) inserted ``and''
at the end of para. (1).
---------------------------------------------------------------------------
(2) \68\ a certification by the applicant that the
information likely to be obtained is foreign
intelligence information not concerning a United States
person or is relevant to an ongoing investigation to
protect against international terrorism or clandestine
intelligence activities, provided that such
investigation of a United States person is not
conducted solely upon the basis of activities protected
by the first amendment to the Constitution.
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\68\ Sec. 214(a)(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 286) amended and restated para. (2). It formerly read as follows:
``(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''.
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(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) \69\ shall specify--
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\69\ Sec. 214(a)(4) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 286) amended and restated subpara. (A), which formerly read as
follows:
``(A) shall specify--
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``(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''.
(i) the identity, if known, of the person who
is the subject of the investigation;
(ii) the identity, if known, of the person to
whom is leased or in whose name is listed the
telephone line or other facility to which the
pen register or trap and trace device is to be
attached or applied;
(iii) the attributes of the communications to
which the order applies, such as the number or
other identifier, and, if known, the location
of the telephone line or other facility to
which the pen register or trap and trace device
is to be attached or applied and, in the case
of a trap and trace device, the geographic
limits of the trap and trace order.
(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 National
Intelligence \70\ 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
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\70\ Sec. 1071(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3691) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(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 an ordered
issued \71\ under this section.
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\71\ Sec. 314(a)(5)(B) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out ``of a
court'' and inserted in lieu thereof ``or an order issued''.
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(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.\72\ (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 not concerning a United States person or
information to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment
to the Constitution \73\ if--
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\72\ 50 U.S.C. 1843.
\73\ Sec. 214(b)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 287) struck out ``foreign intelligence information or information
concerning international terrorism'' and inserted in lieu thereof
``foreign intelligence information not concerning a United States
person or information to protect against international terrorism or
clandestine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution''.
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(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 not concerning a
United States person or information to protect against
international terrorism or clandestine intelligence
activities, provided that such investigation of a
United States person is not conducted solely upon the
basis of activities protected by the first amendment to
the Constitution \74\ 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
---------------------------------------------------------------------------
\74\ Sec. 214(b)(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 287) struck out ``foreign intelligence information or information
concerning international terrorism'' and inserted in lieu thereof
``foreign intelligence information not concerning a United States
person or information to protect against international terrorism or
clandestine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution''.
---------------------------------------------------------------------------
(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.\75\ 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.
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\75\ 50 U.S.C. 1844.
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use of information
Sec. 405.\76\ (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.
---------------------------------------------------------------------------
\76\ 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.\77\ (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.
---------------------------------------------------------------------------
\77\ 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 \78\
SEC. 501.\79\ ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS.
(a)(1) 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 requiring the production of any tangible things
(including books, records, papers, documents, and other items)
for an investigation to obtain foreign intelligence information
not concerning a United States person or \80\ to protect
against international terrorism or clandestine intelligence
activities, provided that such investigation of a United States
person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution.
---------------------------------------------------------------------------
\78\ Sec. 602 of Public Law 105-272 (112 Stat. 2410) added title V.
Sec. 215 of the USA PATRIOT ACT (Public Law 107-56; 115 Stat. 287)
struck out secs. 501 through 503, which included a section containing
definitions for this title, and inserted in lieu thereof new secs. 501
and 502.
\79\ 50 U.S.C. 1861.
\80\ Sec. 314(a)(6) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) inserted ``to
obtain foreign intelligence information not concerning a United States
person or'' after ``an investigation''.
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(2) An investigation conducted under this section shall--
(A) be conducted under guidelines approved by the
Attorney General under Executive Order 12333 (or a
successor order); and
(B) not be conducted of a United States person solely
upon the basis of activities protected by the first
amendment to the Constitution of the United States.
(b) Each application under this section--
(1) shall be made to--
(A) a judge of the court established by
section 103(a); 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
production of tangible things under this
section on behalf of a judge of that court; and
(2) shall specify that the records concerned are
sought for an authorized investigation conducted in
accordance with subsection (a)(2) to obtain foreign
intelligence information not concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities.
(c)(1) Upon an 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 meets 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) No person shall disclose to any other person (other
than those persons necessary to produce the tangible things
under this section) that the Federal Bureau of Investigation
has sought or obtained tangible things under this section.
(e) A person who, in good faith, produces tangible things
under an order pursuant to this section shall not be liable to
any other person for such production. Such production shall not
be deemed to constitute a waiver of any privilege in any other
proceeding or context.
SEC. 502.\81\ CONGRESSIONAL OVERSIGHT.
(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 the
production of tangible things under section 501.\82\
---------------------------------------------------------------------------
\81\ 50 U.S.C. 1862.
\82\ Sec. 314(a)(7) of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1402) struck out
``section 402'' and inserted in lieu thereof ``section 501''.
---------------------------------------------------------------------------
(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 the production of tangible
things under section 501; \82\ and
(2) the total number of such orders either granted,
modified, or denied.
TITLE VI--REPORTING REQUIREMENT \83\
SEC. 601.\84\ SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
(a) Report.--On a semiannual basis, the Attorney General
shall submit to the Permanent Select Committee on Intelligence
of the House of Representatives, the Select Committee on
Intelligence of the Senate, and the Committees on the Judiciary
of the House of Representatives and the Senate, in a manner
consistent with the protection of the national security, a
report setting forth with respect to the preceding 6-month
period--
---------------------------------------------------------------------------
\83\ Sec. 6002 of the Intelligence Reform and Terrorism Prevention
Act of 2002 (Public Law 108-458; 118 Stat. 3743) redesignated former
title VI as title VII, former sec. 601 as sec. 701, and added a new
title VI.
\84\ 50 U.S.C. 1871.
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(1) the aggregate number of persons targeted for
orders issued under this Act, including a breakdown of
those targeted for--
(A) electronic surveillance under section
105;
(B) physical searches under section 304;
(C) pen registers under section 402; and
(D) access to records under section 501;
(2) the number of individuals covered by an order
issued pursuant to section 101(b)(1)(C);
(3) the number of times that the Attorney General has
authorized that information obtained under this Act may
be used in a criminal proceeding or any information
derived therefrom may be used in a criminal proceeding;
(4) a summary of significant legal interpretations of
this Act involving matters before the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, including
interpretations presented in applications or pleadings
filed with the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of
Review by the Department of Justice; and
(5) copies of all decisions (not including orders) or
opinions of the Foreign Intelligence Surveillance Court
or Foreign Intelligence Surveillance Court of Review
that include significant construction or interpretation
of the provisions of this Act.
(b) Frequency.--The first report under this section shall
be submitted not later than 6 months after the date of
enactment of this section. Subsequent reports under this
section shall be submitted semi-annually thereafter.
TITLE VII--EFFECTIVE DATE
effective date
Sec. 701.\85\ 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.
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\85\ 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. Sec. 6002 of the Intelligence Reform and Terrorism Prevention
Act of 2002 (Public Law 108-458; 118 Stat. 3743) redesignated the title
as title VII, sec. 601 as sec. 701, and added a new title VI.
(2) United States Intelligence Activities
Executive Order 12333, December 4, 1981, 46 F.R. 59941, 50 U.S.C. 401
note; as amended by Executive Order 13284, January 23, 2003, 68 F.R.
4075; and Executive Order 13355, August 27, 2004, 69 F.R. 53593 \1\
TABLE OF CONTENTS
Page
Preamble......................................................... 957
Part 1. Goals, Direction, Duties, and Responsibilities With Respect to
the National Intelligence Effort
1.1 Goals....................................................... 958
1.2 The National Security Council............................... 958
1.3 National Foreign Intelligence Advisory Groups............... 959
1.4 The Intelligence Community.................................. 959
1.5 Director of Central Intelligence............................ 960
1.6 Duties and Responsibilities of the Heads of Executive Branch
Departments and Agencies..................................... 963
1.7 Senior Officials of the Intelligence Community.............. 964
1.8 The Central Intelligence Agency............................. 966
1.9 The Department of State..................................... 966
1.10 The Department of the Treasury.............................. 967
1.11 The Department of Defense................................... 967
1.12 Intelligence Components Utilized by the Secretary of Defense 968
1.13 The Department of Energy.................................... 970
1.14 The Federal Bureau of Investigation......................... 970
Part 2. Conduct of Intelligence Activities
2.1 Need........................................................ 971
2.2 Purpose..................................................... 971
2.3 Collection of Information................................... 971
2.4 Collection Techniques....................................... 972
2.5 Attorney General Approval................................... 973
2.6 Assistance to Law Enforcement Authorities................... 973
2.7 Contracting................................................. 973
2.8 Consistency With Other Laws................................. 974
2.9 Undisclosed Participation in Organizations Within the United
States....................................................... 974
2.10 Human Experimentation....................................... 974
2.11 Prohibition on Assassination................................ 974
2.12 Indirect Participation...................................... 974
Part 3. General Provisions
3.1 Congressional Oversight..................................... 974
3.2 Implementation.............................................. 975
3.3 Procedures.................................................. 975
3.4 Definitions................................................. 975
3.5 Purpose and Effect.......................................... 977
3.6 Revocation.................................................. 977
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 (Act),\2\ 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:
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\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.
\2\ Sec. 6(a) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) inserted ``(Act)'' after ``amended''.
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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 and
organizations \3\ on intelligence matters;
---------------------------------------------------------------------------
\3\ Sec. 6(b) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) inserted ``and organizations'' after ``governments''.
---------------------------------------------------------------------------
(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
and, in the performance of Executive functions, the
Vice President,\4\ the National Security Council, the
Secretaries of State and Defense, and other Executive
Branch officials for the performance of their duties
and responsibilities;
---------------------------------------------------------------------------
\4\ Sec. 6(c) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) inserted ``and, in the performance of Executive functions, the
Vice President,'' after ``needed by the President''.
---------------------------------------------------------------------------
(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) \5\ (1) Act as the principal adviser to the
President for Intelligence matters related to the
national security;
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\5\ Sec. 2(a) of Executive Order 13355 (August 27, 2004; 69 F.R.
53593) amended and restated sec. 1.5(a). It formerly read as follows:
``(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;''.
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(2) Act as the principal adviser to the National
Security Council and Homeland Security Council for
intelligence matters related to the national security;
and
(b) \6\ (1) Develop such objectives and guidance for
the Intelligence Community necessary, in the Director's
judgment, to ensure timely and effective collection,
processing, analysis, and dissemination of
intelligence, of whatever nature and from whatever
source derived, concerning current and potential
threats to the security of the United States and its
interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to
achieve these requirements; and
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\6\ Sec. 2(b) of Executive Order 13355 (August 27, 2004; 69 F.R.
53593) amended and restated sec. 1.5(b). It formerly read as follows:
``(b) Develop such objectives and guidance for the Intelligence
Community as will enhance capabilities for responding to expected
future needs for national foreign intelligence;''.
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(2) Working with the Intelligence Community, ensure
that United States intelligence collection activities
are integrated in: (i) collecting against enduring and
emerging national security intelligence issues; (ii)
maximizing the value to the national security; and
(iii) ensuring that all collected data is available to
the maximum extent practicable for integration,
analysis, and dissemination to those who can act of,
add value to, or otherwise apply it to mission needs.
(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) \7\ (1) Establish common security and access
standards for managing and handling intelligence
systems, information, and products, with special
emphasis on facilitating:
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\7\ Sec. 2(c) of Executive Order 13355 (August 27, 2004; 69 F.R.
53593) amended and restated sec. 1.5(g). It formerly read as follows:
``(g) Ensure the establishment by the Intelligence Community of
common security and access standards for managing and handling foreign
intelligence systems, information, and products;''.
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(A) the fullest and most prompt sharing of
information practicable, assigning the highest
priority to detecting, preventing, preempting,
and disrupting terrorist threats against our
homeland, our people, our allies, and our
interests; and
(B) the establishment of interface standards
for an interoperable information sharing
enterprise that facilitates the automated
sharing of information among agencies within
the Intelligence Community.
(2)(A) Establish, operate, and direct national
centers with respect to matters determined by the
President for purposes of this subparagraph to be of
the highest national security priority, with the
functions of analysis and planning (including planning
for diplomatic, financial, military, intelligence,
homeland security, and law enforcement activities, and
integration of such activities among departments and
agencies) relating to such matters.
(B) The countering of terrorism within the United
States, or against citizens of the United States, our
allies, and our interests abroad, is hereby determined
to be a matter of the highest national security
priority for purposes of subparagraph (2)(A) of this
subsection.
(3) Ensure that appropriate agencies and departments
have access to and receive all-source intelligence
support needed to perform independent, alternative
analysis.
(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) \8\ (1) Establish policies, procedures, and
mechanisms that translate intelligence objectives and
priorities approved by the President into specific
guidance for the Intelligence Community.
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\8\ Sec. 2(d) of Executive Order 13355 (August 27, 2004; 69 F.R.
53594) amended and restated sec. 1.5(m). It formerly read as follows:
``(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;''.
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(2) In accordance with objectives and priorities
approved by the President, establish collection
requirements for the Intelligence Community, determine
collection priorities, manage collection tasking, and
resolve conflicts in the tasking of national collection
assets (except when otherwise directed by the President
or when the Secretary of Defense exercises collection
tasking authority under plans and arrangements approved
by the Secretary of Defense and the Director) of the
Intelligence Community.
(3) Provide advisory tasking concerning collection of
intelligence information to elements of the United
States Government that have information collection
capabilities and are not organizations within the
Intelligence Community.
(4) The responsibilities in subsections 1.5(m)(2) and
(3) apply, to the maximum extent consistent with
applicable law, whether information is to be collected
inside or outside the United States.
(n) \9\ (1) Develop, determine, and present with the
advice of the heads of departments or agencies that
have an organization within the Intelligence Community,
the annual consolidated NFIP budget. The Director shall
be responsible for developing an integrated and
balanced national intelligence program that is directly
responsive to the national security threats facing the
United States. The Director shall submit such budget
(accompanied by dissenting views, if any, of the head
of a department or agency that has an organization
within the Intelligence Community) to the President for
approval; and
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\9\ Sec. 3 of Executive Order 13355 (August 27, 2004; 69 F.R.
53595) amended and restated sec. 1.5(n), (o), and (p). The subsecs.
formerly read as follows:
``(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;''.
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(2) Participate in the development by the Secretary
of Defense of the annual budgets for the Joint Military
Intelligence Program (JMIP) and the Tactical
Intelligence and Related Activities (TIARA) Program.
(o) \9\ (1) Transfer, consistent with applicable law
and with the approval of the Director of the Office of
Management and Budget, funds from an appropriation for
the NFIP to another appropriation for the NFIP or to
another NFIP component;
(2) Review, and approve or disapprove, consistent
with applicable law, any proposal to: (i) reprogram
funds within an appropriation for the NFIP; (ii)
transfer funds from an appropriation for the NFIP to an
appropriation that is not for the NFIP within the
Intelligence Community; or (iii) transfer funds from an
appropriation that is not for the NFIP within the
Intelligence Community to an appropriation for the
NFIP; and
(3) Monitor and consult with the Secretary of Defense
on reprogrammings or transfers of funds within, into,
or out of, appropriations for the JMIP and the TIARA
Program.
(p) \9\ (1) Monitor implementation and execution of
the NFIP budget by the heads of departments or agencies
that have an organization within the Intelligence
Community, including, as necessary, by conducting
program and performance audits and evaluations;
(2) Monitor implementation of the JMIP and TIARA
Program and advise the Secretary of Defense thereon;
and
(3) After consultation with the heads of relevant
departments, report periodically, and not less often
than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by
organizations within the Intelligence Community, for
which purpose the heads of departments and agencies
shall ensure that the Director has access to
programmatic, execution, and other appropriate
information.
(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) \10\ The heads of all departments and agencies shall:
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\10\ Sec. 2(e) of Executive Order 13355 (August 27, 2004; 69 F.R.
53594) amended and restated sec. 1.6(a). It formerly read as follows:
``(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.''.
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(1) Unless the Director provides otherwise, give the
Director access to all foreign intelligence,
counterintelligence, and national intelligence, as
defined in the Act, that is relevant to transnational
terrorist threats and weapons of mass destruction
proliferation threats, including such relevant
intelligence derived from activities of the FBI, DHS,
and any other department or agency, and all other
information that is related to the national security or
that otherwise is required for the performance of the
Director's duties, except such information that is
prohibited by law, by the President, or by the Attorney
General acting under this order at the direction of the
President from being provided to the Director. The
Attorney General shall agree to procedures with the
Director pursuant to section 3(5)(B) of the Act no
later than 90 days after the issuance of this order
that ensure the Director receives all such information;
(2) support the Director in developing the NFIP;
(3) ensure that any intelligence and operational
systems and architectures of their departments and
agencies are consistent with national intelligence
requirements set by the Director and all applicable
information sharing and security guidelines, and
information privacy requirements; and
(4) provide, to the extent permitted by law, subject
to the availability of appropriations, and not
inconsistent with the mission of the department or
agency, such further support to the Director as the
Director may request, after consultation with the head
of the department or agency, for the performance of the
Director's functions.
(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 \11\ 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:
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\11\ Sec. 19 of Executive Order 13284 (January 23, 2003; 68 F.R.
4077) provided the following:
``Sec. 19. Functions of Certain Officials in the Department of
Homeland Security.
``The Secretary of Homeland Security, the Deputy Secretary of
Homeland Security, the Under Secretary for Information Analysis and
Infrastructure Protection, Department of Homeland Security, and the
Assistant Secretary for Information Analysis, Department of Homeland
Security, each shall be considered a `Senior Official of the
Intelligence Community' for purposes of Executive Order 12333, and all
other relevant authorities, and shall:
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``(a) recognize and give effect to all current clearances for access to
classified information held by those who become employees of the Department
of Homeland Security by operation of law pursuant to the Homeland Security
Act of 2002 or by Presidential appointment;
``(b) recognize and give effect to all current clearances for access to
classified information held by those in the private sector with whom
employees of the Department of Homeland Security may seek to interact in
the discharge of their homeland security-related responsibilities;
``(c) make all clearance and access determination pursuant to Executive
Order 12968 of August 2, 1995, or any successor Executive Order, as to
employees of, and applicants for employment in, the Department of Homeland
Security who do not then hold a current clearance for access to classified
information; and
``(d) ensure all clearance and access determinations for those in the
private sector with whom employees of the Department of Homeland Security
may seek to interact in the discharge of their homeland security-related
responsibilities are made in accordance with Executive Order 12829 of
January 6, 1993.''.
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Executive Order 12968 (August 2, 1995), as amended, relating to
access to classified information, and Executive Order 12829 (January 6,
1993), as amended, relating to the national industrial security
program, are each codified as notes to 50 U.S.C. 435.
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(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 NSC,\12\ in accordance with
applicable law and procedures approved by the Attorney
General under this Order, the information required for
the performance of its duties;
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\12\ Sec. 6(d) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) struck out ``the Director of Central Intelligence and''
preceding ``the NSC'', and struck out ``their respective'' and inserted
in lieu thereof ``its''.
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(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 by \13\ the Director of Central
Intelligence and the Attorney General;
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\13\ Sec. 6(e) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) inserted ``by'' after ``agreed upon''.
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(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) through \14\ (h) above, including
procurement and essential cover and proprietary
arrangements.
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\14\ Sec. 6(f) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) struck out ``and through'' and inserted in lieu thereof
``through''.
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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 and the Department of
Homeland Security. The Secretary of the Treasury, with respect
to subsection (a), (b), and (c), and the Secretary of Homeland
Security with respect to subsection (d), shall: \15\
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\15\ Sec. 6(g)(i) of Executive Order 13355 (August 27, 2004; 69
F.R. 53596) struck out ``The Department of the Treasury. The Secretary
of the Treasury shall:'' and inserted in lieu thereof the current text.
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(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 or the Vice President \16\ of the United
States, the Executive Office of the President, and, as
authorized by the Secretary of Homeland Security \17\
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 Homeland Security \17\
and the Attorney General.
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\16\ Sec. 6(g)(ii) of Executive Order 13355 (August 27, 2004; 69
F.R. 53596) inserted ``or the Vice President'' after ``used against the
President''.
\17\ Sec. 6(g)(iii) of Executive Order 13355 (August 27, 2004; 69
F.R. 53596) struck out ``the Secretary of the Treasury'' and inserted
in lieu thereof ``the Secretary of Homeland Security''.
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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 \18\ employees, present or former
intelligence agency contractors or their
present or former employees, or applicants for
any such employment or contracting; and
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\18\ Sec. 6(h) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) struck out ``present of former'' and inserted in lieu thereof
``present or former''.
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(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 implemented in accordance with
applicable law, including title V of the Act.\19\ The
requirements of applicable law, including title V of the
Act,\20\ shall apply to all special activities as defined in
this Order.
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\19\ Sec. 6(i)(i) of Executive Order 13355 (August 27, 2004; 69
F.R. 53596) struck out ``as provided in title 50, United States Code,
section 413'' and inserted in lieu thereof ``implemented in accordance
with applicable law, including title V of the Act''.
\20\ Sec. 6(i)(ii) of Executive Order 13355 (August 27, 2004; 69
F.R. 53596) struck out ``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),'' and inserted in
lieu thereof ``applicable law, including title V of the Act,''.
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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 \21\ present at the place of communication, but
not including the use of radio direction-finding
equipment solely to determine the location of a
transmitter.
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\21\ Sec. 6(j) of Executive Order 13355 (August 27, 2004; 69 F.R.
53596) struck out ``visably'' and inserted in lieu thereof ``visibly''.
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(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, or organizations within the
Intelligence Community \22\ refer to the following
agencies or organizations:
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\22\ Sec. 6(k)(i) of Executive Order 13355 (August 27, 2004; 69
F.R. 53597) inserted ``, or organizations within the Intelligence
Community''.
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(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;
\23\
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\23\ Sec. 18 of Executive Order 13284 (January 23, 2003; 68 F.R.
4077) struck out ``and'' at the end of para. (6), struck out a period
and the end of para. (7) and inserted in lieu thereof ``; and'', and
added para. (8).
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(7) The staff elements of the Director of
Central Intelligence; \24\
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\24\ Sec. 6(k)(iii) of Executive Order 13355 (August 27, 2004; 69
F.R. 53597) struck out ``and'' at the end of para. (7), struck out a
period at the end of para. (8) and inserted in lieu thereof ``; and'',
and added para. (9).
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(8) \23\ The intelligence elements of the
Coast Guard and those \25\ elements of the
Department of Homeland Security that are
supervised by the Department's Under Secretary
for Information Analysis and Infrastructure
Protection through the Department's Assistant
Secretary for Information Analysis, with the
exception of those functions that involve no
analysis of foreign intelligence information;
and \24\
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\25\ Sec. 6(k)(ii) of Executive Order 13355 (August 27, 2004; 69
F.R. 53597) struck out ``Those'' and inserted in lieu thereof ``The
intelligence elements of the Coast Guard and those''.
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(9) \24\ National Geospatial-Intelligence
Agency.
(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; as amended by Executive Order 13070, December 15, 1997, 62 F.R.
66493; Executive Order 13301, May 14, 2003, 68 F.R. 26981; and
Executive Order 13376, April 13, 2005, 70 F.R. 20261
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 1.1. 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 National Intelligence,\2\ 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 National Intelligence,\2\
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.
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\2\ Executive Order 13376 (April 13, 2005; 70 F.R. 20261) provided
the following:
``(a) effective upon appointment of the Director of National
Intelligence, by striking `Director of Central Intelligence' each place
it appears and inserting in lieu thereof `Director of National
Intelligence'.''.
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PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES
Sec. 2.1.\3\ The Intelligence Oversight Board (IOB) \4\ is
hereby established as a standing committee of the PFIAB. The
IOB shall consist of no more than five \5\ 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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\3\ 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.''.
\4\ 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).
\5\ Executive Order 13301 (May 14, 2003; 68 F.R. 26981) struck out
``four'' and inserted in lieu thereof ``five''. The amendment was so
stated to be executed in the first sentence of sec. 2.1, which does not
contain the word ``four''; it is interpreted to be intended to be
executed in the second sentence, as shown.
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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 National Intelligence,\2\
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 National
Intelligence,\2\ 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.
Sec. 3.4.\6\ This order is intended only to improve the
internal management of the executive branch of the Federal
Government, and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity, against the United States, its departments,
agencies, or other entities, its officers or employees, or any
other person.
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\6\ Executive Order 13376 (April 13, 2005; 70 F.R. 20261) added
sec. 3.4.
(4) Foreign Intelligence Physical Searches
Executive Order 12949, February 9, 1995, 60 F.R. 8169, 50 U.S.C. 1822
note; amended by Executive Order 13383, July 15, 2005, 70 F.R. 41933
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;
Director of National Intelligence; \1\
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\1\ Sec. 2(a) of Executive Order 13383 (July 15, 2005; 70 F.R.
41933) struck out ``(c) Director of Central Intelligence'' and inserted
in lieu thereof ``Director of National Intelligence''. Designation for
subsec. (c) should probably have been retained.
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(d) Director of the Federal Bureau of Investigation;
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense; \2\
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\2\ Sec. 2(b) of Executive Order 13383 (July 15, 2005; 70 F.R.
41933) struck out ``and'' at the end of subsec. (f).
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(g) \3\ Director of the Central Intelligence Agency;
and
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\3\ Sec. 2(c) of Executive Order 13383 (July 15, 2005; 70 F.R.
41933) struck out ``(g) Deputy Director of Central Intelligence.'' and
inserted in lieu thereof ``(g) Director of the Central Intelligence
Agency; and''.
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(h) \4\ Principal Deputy Director of National
Intelligence.
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\4\ Sec. 2(d) of Executive Order 13383 (July 15, 2005; 70 F.R.
41933) inserted subsec. (h) ``at the end [of sec. 3] thereof''. The
amendment is executed here as probably intended.
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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.
(5) Strengthened Management of the Intelligence Community
Partial text of Executive Order 13355, August 27, 2004, 69 F.R. 53593,
50 U.S.C. 403-4a note
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 103(c)(8) of the National Security Act of
1947, as amended (Act), and in order to further strengthen the
effective conduct of United States intelligence activities and
protect the territory, people, and interests of the United
States of America, including against terrorist attacks, it is
hereby ordered as follows:
Section 1. Strengthening the Authority of the Director of
Central Intelligence. The Director of Central Intelligence
(Director) shall perform the functions set forth in this order
to ensure an enhanced joint, unified national intelligence
effort to protect the national security of the United States.
Such functions shall be in addition to those assigned to the
Director by law, Executive Order, or Presidential directive.
Sec. 2. Strengthened Role in National Intelligence. * * *
\1\
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\1\ Secs. 2, 3, and 6 amended Executive Order 12333, relating to
U.S. intelligence activities; see beginning at page 957.
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Sec. 3. Strengthened Control of Intelligence Funding. * * *
\1\
Sec. 4. Strengthened Role in Selecting Heads of
Intelligence Organizations. With respect to a position that
heads an organization within the Intelligence Community:
(a) if the appointment to that position is made by
the head of the department or agency or a subordinate
thereof, no individual shall be appointed to such
position without the concurrence of the Director;
(b) if the appointment to that position is made by
the President alone, any recommendation to the
President to appoint an individual to that position
shall be accompanied by the recommendation of the
Director with respect to the proposed appointment; and
(c) if the appointment to that position is made by
the President, by and with the advice and consent of
the Senate, any recommendation to the President for
nomination of an individual for that position shall be
accompanied by the recommendation of the Director with
respect to the proposed nomination.
Sec. 5. Strengthened Control of Standards and
Qualifications. The Director shall issue, after coordination
with the heads of departments and agencies with an organization
in the Intelligence Community, and not later than 120 days
after the date of this order, and thereafter as appropriate,
standards and qualifications for persons engaged in the
performance of United States intelligence activities, including
but not limited to:
(a) standards for training, education, and career
development of personnel within organizations in the
Intelligence Community, and for ensuring compatible
personnel policies and an integrated professional
development and education system across the
Intelligence Community, including standards that
encourage and facilitate service in multiple
organizations within the Intelligence Community and
make such rotated service as a factor to be considered
for promotion to senior positions;
(b) standards for attracting and retaining personnel
who meet the requirements for effective conduct of
intelligence activities;
(c) standards for common personnel security policies
among organizations within the Intelligence Community;
and
(d) qualifications for assignment of personnel to
centers established under section 1.5(g)(2) of
Executive Order 12333, as amended by section 2 of this
order.
Sec. 6. Technical Corrections. * * * \1\
Sec. 7. General Provisions.
(a) This order and the amendments made by this order:
(i) shall be implemented in a manner
consistent with applicable law and subject to
the availability of appropriations;
(ii) shall be implemented in a manner
consistent with the authority of the principal
officers of the executive departments as heads
of their respective departments, including
under section 199 of the Revised Statutes (22
U.S.C. 2651), section 201 of the Department of
Energy Reorganization Act (42 U.S.C. 7131),
section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)), and sections 301 of
title 5, 113(b) and 162(b) of title 10, 503 of
title 28, and 301(b) of title 31, United States
Code; and
(iii) shall not be construed to impair or
otherwise affect the functions of the Director
of the Office of Management and Budget relating
to budget, administrative, and legislative
proposals.
(b) Nothing in section 4 of this order limits or
otherwise affects--
(i) the appointment of an individual to a
position made before the date of this order; or
(ii) the power of the President as an
appointing authority to terminate an
appointment.
(c) Nothing in this order shall be construed to
impair or otherwise affect any authority to provide
intelligence to the President, the Vice President in
the performance of Executive functions, and other
officials in the executive branch.
(d) This order and amendments made by this order are
intended only to improve the internal management of the
Federal Government and are not intended to, and do not,
create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers,
employees, or agents, or any other person.
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; Public Law 108-458
[Intelligence Reform and Terrorism Prevention Act of 2004; S. 2845],
118 Stat. 3638, approved December 17, 2004
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 U.S.C. 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 rule at 22 CFR Part 181 for the
coordination and reporting of international agreements, beginning at
page 988.
\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:
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\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 subsec.
(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.
(d) \4\ The Secretary of State shall make publicly
available through the Internet website of the Department of
State each treaty or international agreement proposed to be
published in the compilation entitled ``United States Treaties
and Other International Agreements'' not later than 180 days
after the date on which the treaty or agreement enters into
force.
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\4\ Sec. 7121(a) of the 9/11 Commission Implementation Act of 2004
(title VII of Public Law 108-458; 118 Stat. 3638) added subsec. (d).
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Sec. 112b.\5\ United States international agreements; transmission to
Congress
---------------------------------------------------------------------------
\5\ Popularly known as the Case-Zablocki Act.
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(a) \6\ 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) \7\ 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.\8\
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 International Relations \9\ 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.\10\
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\6\ Sec. 708 of Public Law 95-426 (92 Stat. 993) inserted the
subsec. designation ``(a)'' and added subsecs. (b) through (e).
Subsecs. (d) and (e) were subsequently redesignated as subsecs. (e) and
(f) by sec. 7121(c)(1) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3638).
\7\ Sec. 708 of Public Law 95-426 (92 Stat. 993) added the
parenthetical phrase.
\8\ Sec. 139 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1347), required that
if the 60-day period specified in this sentence was not honored, no
funds authorized to be appropriated would be available after the end of
the 60-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 60 days after the enactment of
Public Law 100-204 and made applicable during fiscal years 1988 and
1989.
\9\ Sec. 7121(b) of the 9/11 Commission Implementation Act of 2004
(title VII of Public Law 108-458; 118 Stat. 3638) struck out
``Committee on Foreign Affairs'' and inserted in lieu thereof
``Committee on International Relations''. Previously, sec. 1 of Public
Law 103-437 (108 Stat. 4581) struck out ``Committee on International
Relations'' and inserted in lieu thereof ``Committee on Foreign
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186), however,
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.
\10\ Sec. 5(a) of Public Law 95-45 (91 Stat. 224) added this
sentence.
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(b) \6\ 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) \6\ 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) \11\ (1) The Secretary of state shall annually submit
to Congress a report that contains an index of all
international agreements, listed by country, date, title, and
summary of each such agreements, listed by country, date,
title, and summary of each such agreement (including a
description of the duration of activities under the agreement
and the agreement itself), that the United States--
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\11\ Sec. 7121(c)(2) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3638) added subsec.
(d).
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(A) has signed, proclaimed, or with reference to
which any other final formality has been executed, or
that has been extended or otherwise modified, during
the preceding calendar year; and
(B) has not been published, or is not proposed to be
published, in the compilation entitled ``United States
Treaties and Other International Agreements''.
(2) The report described in paragraph (1) may be submitted
in classified form.
(e) \6\ (1) \12\ Subject to paragraph (2), 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.
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\12\ Sec. 7121(d)(1) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3638) struck out ``(e)
The Secretary of State'' and inserted in lieu thereof ``(e)(1) Subject
to paragraph (2), the Secretary of State''.
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(2) \13\ (A) An arrangement shall constitute an
international agreement within the meaning of this section
(other than subsection (c)) irrespective of the duration of
activities under the arrangement or the arrangement itself.
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\13\ Sec. 7121(d)(2) of the 9/11 Commission Implementation Act of
2004 (title VII of Public Law 108-458; 118 Stat. 3638) added para. (2).
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(B) Arrangements that constitute an international agreement
within the meaning of this section (other than subsection (c))
include the following:
(i) A bilateral or multilateral counterterrorism
agreement.
(ii) A bilateral agreement with a country that is
subject to a determination under section 6(j)(1)(A) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section
40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)).
(f) \6\ 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. 7070,
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, 5 U.S.C. 601
note
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.
k. 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\ Sec. 1-105(c) of Executive Order 12188, January 2, 1980,
amended and restated this sentence, which 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 ``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 inserted in lieu thereof
``Articles 3 and 8 of the Arrangement Regarding International Trade in
Textiles done at Geneva on December 20, 1973,''.
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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.
l. 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; 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; and by
Public Law 108-7 [Consolidated Appropriations Resolution, 2003; H.J.
Res. 2], 117 Stat. 11, approved February 20, 2003
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--
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\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--
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\2\ 22 U.S.C. 4602.
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(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.
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(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',''.
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(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.
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(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) establish a Jeannette Rankin Research Program on
Peace to \6\ 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;
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\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'' in sec. 1703(3). Sec. 6272 of
Public Law 100-418 (102 Stat. 1523) amended sec. 25 of that Act, to
make this amendment 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\
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\7\ Sec. 319(a)(1) of Public Law 101-520 (104 Stat. 2284) inserted
``and'' at the end of para. (8) (see next note), struck out para. (9),
and redesignated para. (10) as (9). Para. (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 para. (8), struck the period at the end of para.
(9) and inserted in lieu thereof ``; and''; and added a new para. (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
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--
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\11\ Sec. 319(a)(2) of Public Law 101-520 (104 Stat. 2284)
redesignated subsecs. (c) through (n) as (d) through (o), respectively.
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(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 para. (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 in lieu thereof text from
``individual,'' through subpara. (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.
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\16\ 22 U.S.C. 4605.
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(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).
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\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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(4) \17\ 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. The current rate of compensation at level I of
the Executive Schedule is $183,500 per annum (Executive Order 13393; 70
F.R. 76655; December 22, 2005).
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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 sec. 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.\24\ 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.
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\24\ Sec. 515 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2003
(division G of Public Law 108-7; 117 Stat. 345) struck out `` on or
before December 31, 1970'' at this point.
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(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.\25\ (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.
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\25\ 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.\26\ (a) \27\ Authorization of Appropriations.--
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\26\ 22 U.S.C. 4609.
\27\ 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 V of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334),
provided the following:
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``United States Institute of Peace
``operating expenses
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``For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $22,350,000, to
remain available until September 30, 2007.''.
Previous recent 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); fiscal year
2001--$15,000,000 (Public Law 106-554; 114 Stat. 2763); fiscal year
2002--$15,104,000 (Public Law 107-116; 115 Stat. 2217); fiscal year
2003--$16,362,000 (Public Law 108-7; 117 Stat. 343); fiscal year 2004--
$17,200,000 (Public Law 108-199; 118 Stat. 275); and fiscal year 2005--
$23,000,000 (Public Law 108-447; 118 Stat. 2912).
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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 \27\ and such sums as
may be necessary for each of the 4 \28\ succeeding
fiscal years.
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\28\ 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 inserted
``each of the 4 succeeding fiscal years''. Public Law 103-208 further
amended the amendment to read ``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.\29\ 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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\29\ 22 U.S.C. 4610.
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reporting requirement and requirement to hold hearings
Sec. 1712.\30\ 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 \31\ 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 \31\ hold hearings to review the findings and
recommendations of such report and the written comments
received from the President.
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\30\ 22 U.S.C. 4611.
\31\ 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.
m. 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\
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\2\ The current rate of compensation at level V of the Executive
Schedule is $133,900 per annum (Executive Order 13393; 70 F.R. 76655;
December 22, 2005).
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(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; 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; Public Law 107-56 [Uniting and Strengthening America By Providing
Appropriate Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272, approved October
26, 2001; Public Law 107-188 [Public Health Security and Bioterrorism
Preparedness and Response Act of 2002; H.R. 3448], 116 Stat. 594,
approved June 12, 2002; Public Law 107-197 [Terrorist Bombings
Convention Implementation Act of 2002; H.R. 3275], 116 Stat. 721,
approved June 25, 2002; Public Law 107-273 [21st Century Department of
Justice Appropriations Authorization Act; H.R. 2215], 116 Stat. 1758,
approved November 2, 2002; Public Law 108-375 [Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005; H.R. 4200],
118 Stat. 1811, approved October 28, 2004; and by Public Law 108-458
[Intelligence Reform and Terrorist Prevention Act of 2004; S. 2845],
118 Stat. 3638, approved December 17, 2004
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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 2005, 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 488. 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 2005,
vol. IV.
\2\ Sec. 132 of Public Law 101-519 (104 Stat. 225) amended sec.
2331 of chapter 113A, title 18, U.S.C., redesignated it as sec. 2332,
and added new secs. 2331, and 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
sec. 2332, and inserted new secs. 2331, and 2333 through 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).
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Chapter 113B--Terrorism \3\
Sec.
2331. Definitions.
2332. Criminal penalties.
2332a. Use of \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.
2332f. Requests for military assistance to enforce prohibition in
certain emergencies.\5\
2332g. Missile systems designed to destroy aircraft.\6\
2332h. Radiological dispersal devices.\6\
2333. Civil remedies.
2334. Jurisdiction and venue.
2335. Limitation of actions.
2336. Other limitations.
2337. Suits against Government officials.
2338. Exclusive Federal jurisdiction.
2339. Harboring or concealing terrorists.\7\
2339A. Providing material support to terrorists.
2339B. Providing material support or resources to designated foreign
terrorist organizations.
2339C. Prohibitions against the financing of terrorism.\8\
2339D. Receiving military-type training from a foreign terrorist
organization \9\
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\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. 6802(b)(1) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out ``certain'' in the section catchline of sec.
2332a, which had been inserted previously by 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). 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, vol. II-B.
\5\ Added by sec. 102 of the Terrorist Bombings Convention
Implementation Act of 2002 (Public Law 107-197; 116 Stat. 721),
effective ``on the date that the International Convention for the
Suppression of Terrorist Bombings enters into force for the United
States'', pursuant to sec. 102(c) of that Act (116 Stat. 724; 18 U.S.C.
2332f note).
\6\ Added by sec. 6911(a) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3775).
\7\ Added by sec. 803(b) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377).
\8\ Added by sec. 202(a) of the Suppression of the Financing of
Terrorism Convention Implementation Act of 2002 (title II of Public Law
107-197; 116 Stat. 724), effective pursuant to sec. 203 of that Act
(116 Stat. 727; 18 U.S.C. 2339c note), as follows:
---------------------------------------------------------------------------
``sec. 203. effective date.
---------------------------------------------------------------------------
``Except for paragraphs (1)(D) and (2)(B) of section 2339C(b) of
title 18, United States Code, which shall become effective on the date
that the International Convention for the Suppression of the Financing
of Terrorism enters into force for the United States, and for the
provisions of section 2339C(e)(7)(I) of title 18, United States Code,
which shall become effective on the date that the International
Convention for the Suppression of Terrorist Bombing enters into force
for the United States, section 202 shall take effect on the date of
enactment of this Act.''.
\9\ Sec. 6602 of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3761) added a new sec. 2339D; however, no amendment to this
table of contents was enacted.
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Sec. 2331.\2\ Definitions
As used in this chapter--
(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 mass destruction,
assassination, or kidnapping; \10\ and
---------------------------------------------------------------------------
\10\ Sec. 802(a)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 376) struck out ``by assassination or kidnapping'' and inserted
in lieu thereof ``by mass destruction, assassination, or kidnapping''.
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(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; \11\
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\11\ Sec. 802(a) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 376) struck out ``and'' at the end of para. (3), struck out a
period at the end of para. (4) and inserted in lieu thereof ``; and'',
and added a new para. (5).
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(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; and \11\
(5) \11\ the term ``domestic terrorism'' means
activities that--
(A) involved acts dangerous to human life
that are a violations of the criminal laws 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 mass destruction,
assassination, or kidnapping; and
(C) occur primarily within the territorial
jurisdiction of the United States.
Sec. 2332.\12\ 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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\12\ This section was added as sec. 2331 by sec. 1202(a) of Public
Law 99-399 (100 Stat. 896), with a catchline of ``Terrorist acts abroad
against United States nationals''. Sec. 1003(a)(2) of Public Law 102-
572 (106 Stat. 4521) redesignated sec. 2331 as 2332, amended and
restated the catchline to 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) \13\ 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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\13\ 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;''.
---------------------------------------------------------------------------
(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
\14\ years, or both.
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\14\ 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) \15\ 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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\15\ 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 sec. 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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Sec. 2332a.\16\ Use of weapons of mass destruction \17\
(a) \18\ Offense Against a National of the United States or
Within the United States.--A person who, without lawful
authority, uses, threatens, or attempts \19\ or conspires to
use, a weapon of mass destruction-- \20\
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\16\ Sec. 60023(a) of Public Law 103-322 (108 Stat. 1980) added
sec. 2332a.
\17\ 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''. Sec. 6802(b)(1) of
the Weapons of Mass Destruction Prohibition Improvement Act of 2004
(subtitle I of title VI of Public Law 108-458; 118 Stat. 3767) struck
out ``certain''.
\18\ 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.
\19\ 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''.
\20\ Sec. 6802(b)(2) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out ``(other than a chemical weapon as that term
is defined in section 229F)'', text that had been added by 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).
Previously, 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''. Sec. 231(d)(1) of the
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002 (Public Law 107-188; 116 Stat. 661) subsequently struck out
``section 229F including any biological agent, toxin, or vector (as
those terms are defined in section 178)--'' and inserted in lieu
thereof ``section 229F)--''.
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(1) against a national of the United States while
such national is outside of the United States;
(2) \21\ against any person or property within the
United States, and
---------------------------------------------------------------------------
\21\ Sec. 6802(a)(1) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3766) amended and restated para. (2). It previously read, as
amended by sec. 725(1)(C) of Public Law 104-132 (110 Stat. 1300), as
follows:
``(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; or''.
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(A) the mail or any facility of interstate or
foreign commerce is used in furtherance of the
offense;
(B) such property is used in interstate or
foreign commerce or in an activity that affects
interstate or foreign commerce;
(C) any perpetrator travels in or causes
another to travel in interstate or foreign
commerce in furtherance of the offense; or
(D) the offense, or the results of the
offense, affect interstate or foreign commerce,
or, in the case of a threat, attempt, or
conspiracy, would have affected interstate or
foreign commerce;
(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; or \22\
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\22\ Sec. 6802(a)(2) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out a comma at the end of para. (3) and inserted
in lieu thereof ``; or''.
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(4) \23\ against any property within the United
States that is owned, leased, or used by a foreign
government,
---------------------------------------------------------------------------
\23\ Sec. 6802(a)(3) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) added para. (4).
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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) \24\ 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 \25\ 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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\24\ 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).
\25\ Sec. 6802(b)(3) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out ``(other than a chemical weapon (as that
term is defined in section 229F))'', text that had been added by 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).
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(c) \24\ 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));
\26\
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\26\ Sec. 6802(a)(4) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out ``and'' at the end of para. (1).
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(2) the term ``weapon of mass destruction'' means--
(A) any destructive device as defined in
section 921 of this title; \27\
---------------------------------------------------------------------------
\27\ 18 U.S.C. 921(a)(4) provides the following:
``(4) The term `destructive device' means--
---------------------------------------------------------------------------
``(A) any explosive, incendiary, or poison gas--
``(i) bomb,
``(ii) grenade,
``(iii) rocket having a propellant charge of more than four ounces,
``(iv) missile having an explosive or incendiary charge of more than one-
quarter ounce,
``(v) mine, or
``(vi) device similar to any of the devices described in the preceding
clauses;
``(B) any type of weapon (other than a shotgun or a shotgun shell which
the Attorney General finds is generally recognized as particularly suitable
for sporting purposes) by whatever name known which will, or which may be
readily converted to, expel a projectile by the action of an explosive or
other propellant, and which has any barrel with a bore of more than one-
half inch in diameter; and
``(C) any combination of parts either designed or intended for use in
converting any device into any destructive device described in subparagraph
(A) or (B) and from which a destructive device may be readily assembled.
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``The term `destructive device' shall not include any device which
is neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordinance sold, loaned, or given by the Secretary of
the Army pursuant to the provisions of section 4684(2), 4685, or 4686
of title 10 [10 USCS 4682(2), 4685, or 4686]; or any other device which
the Attorney General finds is not likely to be used as a weapon, is an
antique, or is a rifle which the owner intends to use solely for
sporting, recreational or cultural purposes.''.
18 U.S.C. 832, added by sec. 6803(c)(2) of the Weapons of Mass
Destruction Prohibition Improvement Act of 2004 (subtitle I of title VI
of Public Law 108-458; 118 Stat. 3768), provided the following:
---------------------------------------------------------------------------
`` 832. participation in nuclear and weapons of mass destruction threats
to the united states
---------------------------------------------------------------------------
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
knowingly provides material support or resources (as defined in section
2339A) to a nuclear weapons program or other weapons of mass
destruction program of a foreign terrorist power, or attempts or
conspires to do so, shall be imprisoned for not more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over an
offense under this section.
``(c) Whoever without lawful authority develops, possesses, or
attempts or conspires to develop or possess a radiological weapon, or
threatens to use or uses a radiological weapon against any person
within the United States, or a national of the United States while such
national is outside of the United States or against any property that
is owned, leased, funded, or used by the United States, whether that
property is within or outside of the United States, shall be imprisoned
for any term of years or for life.
``(d) As used in this section--
---------------------------------------------------------------------------
``(1) `nuclear weapons program' means a program or plan for the
development, acquisition, or production of any nuclear weapon or weapons;
``(2) `weapons of mass destruction program' means a program or plan for
the development, acquisition, or production of any weapon or weapons of
mass destruction (as defined in section 2332a(c));
``(3) `foreign terrorist power' means a terrorist organization designated
under section 219 of the Immigration and Nationality Act, or a state
sponsor of terrorism designated under section 6(j) of the Export
Administration Act of 1979 or section 620A of the Foreign Assistance Act of
1961; and
``(4) `nuclear weapon' means any weapon that contains or uses nuclear
material as defined in section 831(f)(1).''.
(B) \28\ 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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\28\ 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 biological agent,
toxin, or vector (as those terms are defined in
section 178 of this title); \29\ or
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\29\ Sec. 231(d)(2) of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188; 116 Stat.
662) struck out ``a disease organism'' and inserted in lieu thereof ``a
biological agent, toxin, or vector (as those terms are defined in
section 178 of this title)''.
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(D) any weapon that is designed to release
radiation or radioactivity at a level dangerous
to human life; and \30\
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\30\ Sec. 6802(a)(5) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out a period and inserted in lieu thereof ``;
and''.
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(3) \31\ the term ``property'' includes all real and
personal property.
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\31\ Sec. 6802(a)(6) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) added para. (3).
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Sec. 2332b.\32\ Acts of terrorism transcending national boundaries
(a) Prohibited Acts.--
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\32\ 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) \33\ the mail or any facility of
interstate or foreign commerce is used \33\ in
furtherance of the offense;
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\33\ Sec. 601(s)(1) of the Economic Espionage Act of 1996 (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 any
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,\34\ 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.
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\34\ Sec. 808(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 378) inserted ``and any violation of section 351(e), 844(e),
844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of
this title,'' before ``and the Secretary''.
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(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) \35\ is a violation of--
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\35\ Sec. 808(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 378) struck out clauses (i) through (iii) and inserted new
clauses (i) through (iii). Previously read as follows:
``(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), 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, 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, 2339A (relating to providing material
support to terrorists), 2339B (relating to providing material support
to terrorist organizations), or 2340A (relating to torture);
``(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.''.
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(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 or 175b (relating to biological
weapons), 175c (relating to variola
virus),\36\ 229 (relating to chemical
weapons), subsection (a), (b), (c), or
(d) of section 351 (relating to
congressional, cabinet, and Supreme
Court assassination and kidnaping), 831
(relating to nuclear materials), 832
(relating to participation in nuclear
and weapons of mass destruction threats
to the United States) \37\ 842(m) or
(n) (relating to plastic explosives),
844(f)(2) or (3) (relating to arson and
bombing of Government property risking
or causing death), 844(i) (relating to
arson and bombing of property used in
interstate commerce), 930(c) (relating
to killing or attempted killing during
an attack on a Federal facility with a
dangerous weapon), 956(a)(1) (relating
to conspiracy to murder, kidnap, or
maim persons abroad), 1030(a)(1)
(relating to protection of computers),
1030(a)(5)(A)(i) resulting in damage as
defined in 1030(a)(5)(B)(ii) through
(v) (relating to protection of
computers), 1114 (relating to killing
or attempted killing 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 government property or
contracts),\38\ 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(a) (relating to destruction of an
energy facility), 1751(a), (b), (c), or
(d) (relating to Presidential and
Presidential staff assassination and
kidnaping), 1992 (relating to wrecking
trains), 1993 (relating to terrorist
attacks and other acts of violence
against mass transportation systems),
2155 (relating to destruction of
national defense materials, premises,
or utilities), 2156 (relating to
national defense material, premises, or
utilities),\39\ 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),
2332f (relating to bombing of public
places and facilities),\40\ 2332g
(relating to missile systems designed
to destroy aircraft), 2332h (relating
to radiological dispersal devices),\41\
2339 (relating to harboring
terrorists), 2339A (relating to
providing material support to
terrorists), 2339B (relating to
providing material support to terrorist
organizations), 2339C (relating to
financing of terrorism,\42\ or 2340A
(relating to torture) of this title;
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\36\ Sec. 6908(1)(B) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle I of title VI of Public Law
108-458; 118 Stat. 3774) inserted ``175c (relating to variola virus),''
after ``175 or 175b (relating to biological weapons,)''.
\37\ Sec. 6803(c)(3) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3769) inserted ``832 (relating to participation in nuclear
and weapons of mass destruction threats to the United States'' after
``nuclear materials),''. The amendment did not include a comma to close
the clause.
\38\ Sec. 6603(a)(1)(A) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) inserted ``1361 (relating to government
property or contracts),'' before ``1362''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
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``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
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\39\ Sec. 6603(a)(1)(B) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) inserted ``2156 (relating to national
defense material, premises, or utilities),'' before ``2280''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
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``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
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\40\ Sec. 301(b)(1) of Public Law 107-197 (116 Stat. 728) inserted
``2332f (relating to bombing of public places and facilities),'' after
``2332b (relating to acts of terrorism transcending national
boundaries),''.
\41\ Sec. 6908(1)(A) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3774) inserted ``2332g (relating to missile systems
designed to destroy aircraft), 2332h (relating to radiological
dispersal devices),'' before ``2339 (relating to harboring
terrorists)''.
\42\ Sec. 301(b)(2) of Public Law 107-197 (116 Stat. 728) inserted
``2339C (relating to financing of terrorism,'' (resulting in an open
parentheses) before ``or 2340A (relating to torture)''.
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(ii) sections 92 (relating to
prohibitions governing atomic weapons)
or \43\ 236 (relating to sabotage of
nuclear facilities or fuel) of the
Atomic Energy Act of 1954 (42 U.S.C.
2122 or \44\ 2284); or
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\43\ Sec. 6908(2)(A) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle I of title VI of Public Law
108-458; 118 Stat. 3774) struck out ``section'' and inserted in lieu
thereof ``sections 92 (relating to prohibitions governing atomic
weapons) or''.
\44\ Sec. 6908(2)(B) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle I of title VI of Public Law
108-458; 118 Stat. 3774) inserted ``2122 or'' before ``2284''.
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(iii) section 46502 (relating to
aircraft piracy), the second sentence
of section 46504 (relating to assault
on a flight crew with a dangerous
weapon), section 46505(b)(3) or (c)
(relating to explosive or incendiary
devices, or endangerment of human life
by means of weapons, on aircraft),
section 46506 if homicide or attempted
homicide is involved (relating to
application of certain criminal laws to
acts on aircraft), or section 60123(b)
(relating to destruction of interstate
gas or hazardous liquid pipeline
facility) of title 49.
Sec. 2332c.\45\ * * * [Repealed--1998]
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\45\ 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). Sec. 2332c formerly read as follows:
``Sec. 2332c. Use of chemical weapons
``(a) Prohibited Acts.--
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``(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--
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``(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.\46\ 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
of 1979 \47\ (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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\46\ 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].
\47\ Sec. 4002(a)(5) of the Criminal Law Technical Amendments Act
of 2002 (title IV of Public Law 107-273; 116 Stat. 1806) inserted ``of
1979'' after ``Export Administration Act''.
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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.\48\ 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 2332a \48\ of this title during an emergency
situation involving a \49\ 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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\48\ Sec. 1416(c)(2)(A) of Public Law 104-201 (110 Stat. 2723)
added this section as sec. 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 the Economic Espionage Act of 1996 (Public Law 104-294; 110
Stat. 3510) subsequently redesignated the section as sec. 2332e and
moved the section to follow sec. 2332d.
Sec. 104(1) of the USA PATRIOT ACT (Public Law 107-56; 115 Stat.
277) subsequently struck out ``2332c'' and inserted in lieu thereof
``2332a''.
\49\ Sec. 104(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 277) struck out ``chemical'' before ``weapon of mass
destruction''.
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Sec. Sec. 2332f.\50\ Bombings of places of public use, government
facilities, public transportation systems and
infrastructure facilities
(a) Offenses.--
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\50\ Sec. 102(a) of the Terrorist Bombings Convention
Implementation Act of 2002 (Public Law 107-197; 116 Stat. 721) added
sec. 2332f, effective ``on the date that the International Convention
for the Suppression of Terrorist Bombings enters into force for the
United States'', pursuant to sec. 102(c) of that Act (116 Stat. 724; 18
U.S.C. 2332f note).
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(1) In general.--Whoever unlawfully delivers, places,
discharges, or detonates an explosive or other lethal
device in, into, or against a place of public use, a
state or government facility, a public transportation
system, or an infrastructure facility--
(A) with the intent to cause death or serious
bodily injury, or
(B) with the intent to cause extensive
destruction of such a place, facility, or
system, where such destruction results in or is
likely to result in major economic loss,
shall be punished as prescribed in subsection (c).
(2) Attempts and conspiracies.--Whoever attempts or
conspires to commit an offense under paragraph (1)
shall be punished as prescribed in subsection (c).
(b) Jurisdiction.--There is jurisdiction over the offenses
in subsection (a) if--
(1) the offense takes place in the United States
and--
(A) the offense is committed against another
state or a government facility of such state,
including its embassy or other diplomatic or
consular premises of that state;
(B) the offense is committed in an attempt to
compel another state or the United States to do
or abstain from doing any act;
(C) at the time the offense is committed, it
is committed--
(i) on board a vessel flying the flag
of another state;
(ii) on board an aircraft which is
registered under the laws of another
state; or
(iii) on board an aircraft which is
operated by the government of another
state;
(D) a perpetrator is found outside the United
States;
(E) a perpetrator is a national of another
state or a stateless person; or
(F) a victim is a national of another state
or a stateless person;
(2) the offense takes place outside the United States
and--
(A) a perpetrator is a national of the United
States or is a stateless person whose habitual
residence is in the United States;
(B) a victim is a national of the United
States;
(C) a perpetrator is found in the United
States;
(D) the offense is committed in an attempt to
compel the United States to do or abstain from
doing any act;
(E) the offense is committed against a state
or government facility of the United States,
including an embassy or other diplomatic or
consular premises of the United States;
(F) the offense is committed on board a
vessel flying the flag of the United States or
an aircraft which is registered under the laws
of the United States at the time the offense is
committed; or
(G) the offense is committed on board an
aircraft which is operated by the United
States.
(c) Penalties.--Whoever violates this section shall be
punished as provided under section 2332a(a) of this title.
(d) Exemptions to Jurisdiction.--This section does not
apply to--
(1) the activities of armed forces during an armed
conflict, as those terms are understood under the law
of war, which are governed by that law,
(2) activities undertaken by military forces of a
state in the exercise of their official duties; or
(3) offenses committed within the United States,
where the alleged offender and the victims are United
States citizens and the alleged offender is found in
the United States, or where jurisdiction is predicated
solely on the nationality of the victims or the alleged
offender and the offense has no substantial effect on
interstate or foreign commerce.
(e) Definitions.--As used in this section, the term--
(1) ``serious bodily injury'' has the meaning given
that term in section 1365(g)(3) of this title;
(2) ``national of the United States'' has the meaning
given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(3) ``state or government facility'' includes any
permanent or temporary facility or conveyance that is
used or occupied by representatives of a state, members
of Government, the legislature or the judiciary or by
officials or employees of a state or any other public
authority or entity or by employees or officials of an
intergovernmental organization in connection with their
official duties;
(4) ``intergovernmental organization'' includes
international organization (as defined in section
1116(b)(5) of this title);
(5) ``infrastructure facility'' means any publicly or
privately owned facility providing or distributing
services for the benefit of the public, such as water,
sewage, energy, fuel, or communications;
(6) ``place of public use'' means those parts of any
building, land, street, waterway, or other location
that are accessible or open to members of the public,
whether continuously, periodically, or occasionally,
and encompasses any commercial, business, cultural,
historical, educational, religious, governmental,
entertainment, recreational, or similar place that is
so accessible or open to the public;
(7) ``public transportation system'' means all
facilities, conveyances, and instrumentalities, whether
publicly or privately owned, that are used in or for
publicly available services for the transportation of
persons or cargo;
(8) ``explosive'' has the meaning given in section
844(j) of this title insofar that it is designed, or
has the capability, to cause death, serious bodily
injury, or substantial material damage;
(9) ``other lethal device'' means any weapon or
device that is designed or has the capability to cause
death, serious bodily injury, or substantial damage to
property through the release, dissemination, or impact
of toxic chemicals, biological agents, or toxins (as
those terms are defined in section 178 of this title)
or radiation or radioactive material;
(10) ``military forces of a state'' means the armed
forces of a state which are organized, trained, and
equipped under its internal law for the primary purpose
of national defense or security, and persons acting in
support of those armed forces who are under their
formal command, control, and responsibility;
(11) ``armed conflict'' does not include internal
disturbances and tensions, such as riots, isolated and
sporadic acts of violence, and other acts of a similar
nature; and
(12) ``state'' has the same meaning as that term has
under international law, and includes all political
subdivisions thereof.
Sec. 2332g. Missile systems designed to destroy aircraft \51\
(a) Unlawful Conduct.--
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\51\ Sec. 6903 of the Prevention of Terrorist Access to Destructive
Weapons Act of 2004 (subtitle I of title VI of Public Law 108-458; 118
Stat. 3770) added sec. 2332g.
---------------------------------------------------------------------------
(1) In general.--Except as provided in paragraph (3),
it shall be unlawful for any person to knowingly
produce, construct, otherwise acquire, transfer
directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use--
(A) an explosive or incendiary rocket or
missile that is guided by any system designed
to enable the rocket or missile to--
(i) seek or proceed toward energy
radiated or reflected from an aircraft
or toward an image locating an
aircraft; or
(ii) otherwise direct or guide the
rocket or missile to an aircraft;
(B) any device designed or intended to launch
or guide a rocket or missile described in
subparagraph (A); or
(C) any part or combination of parts designed
or redesigned for use in assembling or
fabricating a rocket, missile, or device
described in subparagraph (A) or (B).
(2) Nonweapon.--Paragraph (1)(A) does not apply to
any device that is neither designed nor redesigned for
use as a weapon.
(3) Excluded conduct.--This subsection does not apply
with respect to--
(A) conduct by or under the authority of the
United States or any department or agency
thereof or of a State or any department or
agency thereof; or
(B) conduct pursuant to the terms of a
contract with the United States or any
department or agency thereof or with a State or
any department or agency thereof.
(b) Jurisdiction.--Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if--
(1) the offense occurs in or affects interstate or
foreign commerce;
(2) the offense occurs outside of the United States
and is committed by a national of the United States;
(3) the offense is committed against a national of
the United States while the national is outside the
United States;
(4) the offense 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; or
(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing
an offense under this section or conspires with any
person over whom jurisdiction exists under this
subsection to commit an offense under this section.
(c) Criminal Penalties.--
(1) In general.--Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined
not more than $2,000,000 and shall be sentenced to a
term of imprisonment not less than 25 years or to
imprisonment for life.
(2) Other circumstances.--Any person who, in the
course of a violation of subsection (a), uses, attempts
or conspires to use, or possesses and threatens to use,
any item or items described in subsection (a), shall be
fined not more than $2,000,000 and imprisoned for not
less than 30 years or imprisoned for life.
(3) Special circumstances.--If the death of another
results from a person's violation of subsection (a),
the person shall be fined not more than $2,000,000 and
punished by imprisonment for life.
(d) Definition.--As used in this section, the term
``aircraft'' has the definition set forth in section
40102(a)(6) of title 49, United States Code.
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 \52\
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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\52\ 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. 2339.\53\ Harboring or concealing terrorists
(a) Whoever harbors or conceals any person who he knows, or
has reasonable grounds to believe, has committed, or is about
to commit, an offense under section 32 (relating to destruction
of aircraft or aircraft facilities), section 175 (relating to
biological weapons), section 229 (relating to chemical
weapons), section 831 (relating to nuclear materials),
paragraph (2) or (3) of section 844(f) (relating to arson and
bombing of government property risking or causing injury or
death), section 1366(a) (relating to the destruction of an
energy facility), section 2280 (relating to violence against
maritime navigation), section 2332a (relating to weapons of
mass destruction), or section 2332b (relating to acts of
terrorism transcending national boundaries) of this title,
section 236(a) (relating to sabotage of nuclear facilities or
fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or
section 46502 (relating to aircraft piracy) of title 49, shall
be fined under this title or imprisoned not more than ten
years, or both.
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\53\ Sec. 803(a) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 376) added sec. 2339. Sec. 4005(d)(2) of the Criminal Law
Technical Amendments Act of 2002 (title IV of Public Law 107-273; 116
Stat. 1813) subsequently struck out a closed quotation mark at the end
of subsec. (b), as a technical correction.
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(b) A violation of this section may be prosecuted in any
Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as
provided by law.
Sec. 2339A.\54\ Providing material support to terrorists
(a) Offense.--Whoever \55\ 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, 229,\56\
351, 831, 842 (m) or (n), 844 (f) or (i), 930(c),\57\ 956,
1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992,\57\
1993,\58\ 2155, 2156, 2280, 2281, 2332, 2332a, 2332b,\57\
2332f,\59\ or 2340A of this title \60\ section 46502 or
60123(b) \61\ of title 49, or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B) \62\ or in
preparation for, or in carrying out, the concealment of an
escape \63\ from the commission of any such violation, or
attempts or conspires to do such an act,\64\ shall be fined
under this title, section 236 of the Atomic Energy Act of 1954
(42 U.S.C. 2284),,\65\ imprisoned not more than 15 \66\ years,
or both, and, if the death of any person results, shall be
imprisoned for any term of years of for life.\67\ A violation
of this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed, or in
any other Federal judicial district as provided by law.\68\
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\54\ 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.--
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``(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.''.
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Sec. 601(b)(2) of the Economic Espionage Act of 1996 (Public Law
104-294; 110 Stat. 3498) made several amendments to language in sec.
2339A(b) that was no longer in law. Sec. 4002(c)(1) of the Criminal Law
Technical Amendments Act of 2002 (title IV of Public Law 107-273; 116
Stat. 1808) subsequently repealed sec. 601(b)(2) of Public Law 104-294.
\55\ Sec. 805(a)(1)(A) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) struck out ``, within the United States,'' after
``Whoever''.
\56\ Sec. 805(a)(1)(B) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) inserted ``229,'' after ``175,''.
\57\ Sec. 601(s)(3) of the Economic Espionage Act of 1996 (Public
Law 104-294; 110 Stat. 3502) inserted reference to secs. 930(c), 1992,
and 2332c. Sec. 4002(e)(11) of the Criminal Law Technical Amendments
Act of 2002 (title IV of Public Law 107-273; 116 Stat. 1811)
subsequently struck out ``2332c'' following ``2332b''.
\58\ Sec. 805(a)(1)(C) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) inserted ``1993,'' after ``1992,''.
\59\ Sec. 301(c) of Public Law 107-197 (116 Stat. 728) inserted
``2332f,'' before ``or 2340A''.
\60\ Sec. 6603(a)(2)(A) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) struck out ``or'' before ``section
46502''. It probably should read ``of this title,''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
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``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
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\61\ Sec. 805(a)(1)(E) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) inserted ``or 60123(b)'' after 46502''.
\62\ Sec. 6603(a)(2)(B) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) inserted ``or any offense listed in
section 2332b(g)(5)(B) (except for sections 2339A and 2339B)'' after
``section 60123(b) of title 49,''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
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\63\ Sec. 601(s)(2) of the Economic Espionage Act of 1996 (Public
Law 104-294; 110 Stat. 3502) inserted ``or an escape'' after
``concealment''. Sec. 4002(a)(7) of the Criminal Law Technical
Amendments Act of 2002 (title IV of Public Law 107-273; 116 Stat. 1807)
subsequently struck out ``or an escape'' and inserted in lieu thereof
``of an escape''.
\64\ Sec. 811(f) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 381) inserted ``or attempts or conspires to do such an act,''
before ``shall be fined''.
\65\ Sec. 805(a)(1)(D) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) inserted ``section 236 of the Atomic Energy Act of 1954
(42 U.S.C. 2284),'' [resulting in a double comma] after ``of this
title''.
\66\ Sec. 810(c)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 380) struck out ``10'' and inserted in lieu thereof ``15''.
\67\ Sec. 810(c)(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 380) struck out a period and inserted in lieu thereof ``and, if
the death of any person results, shall be imprisoned for any term of
years of for life.''.
\68\ Sec. 805(a)(1)(F) of the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 377) added ``A violation of this section may be prosecuted in
any Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as provided by
law.''.
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(b) \69\ Definitions.--As used in this section--
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\69\ Sec. 6603(b) of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3762) amended and restated subsec. (b), which had read as
follows, as amended by sec. 805 of the USA PATRIOT ACT (Public Law 107-
56; 115 Stat. 377):
``(b) Definition.--In this section, the term `material support or
resources' means currency or monetary instruments or financial
securities, financial services, lodging, training, expert advice or
assistance, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical assets,
except medicine or religious materials.''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
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``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
(1) the term ``material support or resources'' means
any property, tangible or intangible, or service,
including currency or monetary instruments or financial
securities, financial services, lodging, training,
expert advice or assistance, safehouses, false
documentation or identification, communications
equipment, facilities, weapons, lethal substances,
explosives, personnel (1 or more individuals who may be
or include oneself), and transportation, except
medicine or religious materials;
(2) the term ``training'' means instruction or
teaching designed to impart a specific skill, as
opposed to general knowledge; and
(3) the term ``expert advice or assistance'' means
advice or assistance derived from scientific, technical
or other specialized knowledge.
Sec. 2339B.\70\ Providing material support or resources to designated
foreign terrorist organizations
(a) Prohibited Activities.--
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\70\ Sec. 303(a) of Public Law 104-132 (110 Stat. 1250) added sec.
2339B.
---------------------------------------------------------------------------
(1) Unlawful conduct.--Whoever \71\ 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 15 \72\ years, or both, and, if the death of
any person rsults, shall be imprisoned for any term of
years or for life.\73\ To violate this paragraph, a
person must have knowledge that the organization is a
designated terrorist organization (as defined in
subsection (g)(6)), that the organization has engaged
or engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act),
or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1988
and 1989).\74\
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\71\ Sec. 6603(c)(1) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) struck out ``, within the United States or
subject to the jurisdiction of the United States,'' after ``Whoever''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
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\72\ Sec. 810(d)(1) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 380) struck out ``10'' and inserted in lieu thereof ``15''.
\73\ Sec. 810(d)(2) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 380) struck out a period and inserted in lieu thereof ``and, if
the death of any person results, shall be imprisoned for any term of
years of for life.''.
\74\ Sec. 6603(c)(2) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3762) added this sentence.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
(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.--(1) \75\ In general.--
There is jurisdiction over an offense under subsection (a) if--
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\75\ Sec. 6603(d) of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3763) struck out ``There'' and inserted in lieu thereof ``(1)
In general.--'' through ``(2) There''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
(A) an offender is 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))) or 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)));
(B) an offender is a stateless person whose habitual
residence is in the United States;
(C) after the conduct required for the offense occurs
an offender is brought into or found in the United
States, even if the conduct required for the offense
occurs outside the United States;
(D) the offense occurs in whole or in part within the
United States;
(E) the offense occurs in or affects interstate or
foreign commerce; or
(F) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing
an offense under subsection (a) or conspires with any
person over whom jurisdiction exists under this
paragraph to commit an offense under subsection (a).
(2) \75\ 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) \76\ the term ``material support or resources''
has the same meaning given that term in section 2339A
(including the definitions of ``training'' and ``expert
advice or assistance'' in that section);
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\76\ Sec. 6603(e) of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3763 ) amended and restated para. (4), which had read as
follows:
``(4) the term `material support or resources' has the same meaning
as in section 2339A;''.
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
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``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
(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.
(h) \77\ Provision of Personnel.--No person may be
prosecuted under this section in connection with the term
``personnel'' unless that person has knowingly provided,
attempted to provide, or conspired to provide a foreign
terrorist organization with 1 or more individuals (who may be
or include himself) to work under that terrorist organization's
direction or control or to organize, manage, supervise, or
otherwise direct the operation of that organization.
Individuals who act entirely independently of the foreign
terrorist organization to advance its goals or objectives shall
not be considered to be working under the foreign terrorist
organization's direction and control.
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\77\ Sec. 6603(f) of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3763) added subsecs. (h), (i), and (j).
Sec. 6603(g) of that Act, however, provided the following:
``(g) Sunset Provision.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in paragraph (2), this section and
the amendments made by this section shall cease to be effective on December
31, 2006.
``(2) Exception.--This section and the amendments made by this section
shall continue in effect with respect to any particular offense that--
``(A) is prohibited by this section or amendments made by this section;
and
``(B) began or occurred before December 31, 2006.''.
(i) \77\ Rule of Construction.--Nothing 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.
(j) \77\ Exception.--No person may be prosecuted under this
section in connection with the term ``personnel'',
``training'', or ``expert advice or assistance'' if the
provision of that material support or resources to a foreign
terrorist organization was approved by the Secretary of State
with the concurrence of the Attorney General. The Secretary of
State may not approve the provision of any material support
that may be used to carry out terrorist activity (as defined in
section 212(a)(3)(B)(iii) of the Immigration and Nationality
Act).
Sec. 2339C. \78\ Prohibitions against the financing of terrorism
(a) Offenses.--
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\78\ Sec. 202(a) of the Suppression of the Financing of Terrorism
Convention Implementation Act of 2002 (title II of Public Law 107-197;
116 Stat. 721) added sec. 2339C.
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(1) In general.--Whoever, in a circumstance described
in subsection (b),\79\ by any means, directly or
indirectly, unlawfully and willfully provides or
collects funds with the intention that such funds be
used, or with the knowledge that such funds are to be
used, in full or in part, in order to carry out--
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\79\ Sec. 4006 of the Criminal Law Technical Amendments Act of 2002
(title IV of Public Law 107-273; 116 Stat. 1813) struck out ``described
in subsection (c)'' and inserted in lieu thereof ``described in
subsection (b)''.
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(A) an act which constitutes an offense
within the scope of a treaty specified in
subsection (e)(7), as implemented by the United
States, or
(B) any other act intended to cause death or
serious bodily injury to a civilian, or to any
other person not taking an active part in the
hostilities in a situation of armed conflict,
when the purpose of such act, by its nature or
context, is to intimidate a population, or to
compel a government or an international
organization to do or to abstain from doing any
act,
shall be punished as prescribed in subsection (d)(1).
(2) Attempts and conspiracies.--Whoever attempts or
conspires to commit an offense under paragraph (1)
shall be punished as prescribed in subsection (d)(1).
(3) Relationship to predicate act.--For an act to
constitute an offense set forth in this subsection, it
shall not be necessary that the funds were actually
used to carry out a predicate act.
(b) Jurisdiction.--There is jurisdiction over the offenses
in subsection (a) in the following circumstances--
(1) the offense takes place in the United States
and--
(A) a perpetrator was a national of another
state or a stateless person;
(B) on board a vessel flying the flag of
another state or an aircraft which is
registered under the laws of another state at
the time the offense is committed;
(C) on board an aircraft which is operated by
the government of another state;
(D) a perpetrator is found outside the United
States;
(E) was directed toward or resulted in the
carrying out of a predicate act against--
(i) a national of another state; or
(ii) another state or a government
facility of such state, including its
embassy or other diplomatic or consular
premises of that state;
(F) was directed toward or resulted in the
carrying out of a predicate act committed in an
attempt to compel another state or
international organization to do or abstain
from doing any act; or
(G) was directed toward or resulted in the
carrying out of a predicate act--
(i) outside the United States; or
(ii) within the United States, and
either the offense or the predicate act
was conducted in, or the results
thereof affected, interstate or foreign
commerce;
(2) the offense takes place outside the United States
and--
(A) a perpetrator is a national of the United
States or is a stateless person whose habitual
residence is in the United States;
(B) a perpetrator is found in the United
States; or
(C) was directed toward or resulted in the
carrying out of a predicate act against--
(i) any property that is owned,
leased, or used by the United States or
by any department or agency of the
United States, including an embassy or
other diplomatic or consular premises
of the United States;
(ii) any person or property within
the United States;
(iii) any national of the United
States or the property of such
national; or
(iv) any property of any legal entity
organized under the laws of the United
States, including any of its States,
districts, commonwealths, territories,
or possessions;
(3) the offense is committed on board a vessel flying
the flag of the United States or an aircraft which is
registered under the laws of the United States at the
time the offense is committed;
(4) the offense is committed on board an aircraft
which is operated by the United States; or
(5) the offense was directed toward or resulted in
the carrying out of a predicate act committed in an
attempt to compel the United States to do or abstain
from doing any act.
(c) Concealment.--Whoever--
(1)(A) is in the United States; or
(B) is outside the United States and is a national of
the United States or a legal entity organized under the
laws of the United States (including any of its States,
districts, commonwealths, territories, or possessions);
and
(2) knowingly conceals or disguises the nature,
location, source, ownership, or control of any material
support or resources, or any funds or proceeds of such
funds-- \80\
---------------------------------------------------------------------------
\80\ Sec. 6604(a)(1) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3764) struck out ``, resources, or funds'' and
inserted in lieu thereof ``or resources, or any funds or proceeds of
such funds''.
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(A) knowing or intending that the support or
resources are to be provided, or knowing that
the support or resources were provided,\81\ in
violation of section 2339B of this title; or
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\81\ Sec. 6604(a)(2) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3764) struck out ``were provided'' and inserted
in lieu thereof ``are to be provided, or knowing that the support or
resources were provided,''.
---------------------------------------------------------------------------
(B) knowing or intending that any such funds
\82\ are to be provided or collected, or
knowing that the funds were provided or
collected,\83\ in violation of subsection (a),
---------------------------------------------------------------------------
\82\ Sec. 6604(a)(3)(A) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3764) struck out ``or any proceeds of such
funds'' after ``any such funds''.
\83\ Sec. 6604(a)(3)(B) of the Material Support to Terrorism
Prohibition Enhancement Act of 2004 (subtitle G of title VI of Public
Law 108-458; 118 Stat. 3764) struck out ``were provided or collected''
and inserted in lieu thereof ``are to be provided or collected, or
knowing that the funds were provided or collected,''.
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shall be punished as prescribed in subsection (d)(2).
(d) Penalties.--
(1) Subsection (a).--Whoever violates subsection (a)
shall be fined under this title, imprisoned for not
more than 20 years, or both.
(2) Subsection (c).--Whoever violates subsection (c)
shall be fined under this title, imprisoned for not
more than 10 years, or both.
(e) Definitions.--In this section--
(1) the term ``funds'' means assets of every kind,
whether tangible or intangible, movable or immovable,
however acquired, and legal documents or instruments in
any form, including electronic or digital, evidencing
title to, or interest in, such assets, including coin,
currency, bank credits, travelers checks, bank checks,
money orders, shares, securities, bonds, drafts, and
letters of credit;
(2) the term ``government facility'' means any
permanent or temporary facility or conveyance that is
used or occupied by representatives of a state, members
of a government, the legislature, or the judiciary, or
by officials or employees of a state or any other
public authority or entity or by employees or officials
of an intergovernmental organization in connection with
their official duties;
(3) the term ``proceeds'' means any funds derived
from or obtained, directly or indirectly, through the
commission of an offense set forth in subsection (a);
(4) the term ``provides'' includes giving, donating,
and transmitting;
(5) the term ``collects'' includes raising and
receiving;
(6) the term ``predicate act'' means any act referred
to in subparagraph (A) or (B) of subsection (a)(1);
(7) the term ``treaty'' means--
(A) the Convention for the Suppression of
Unlawful Seizure of Aircraft, done at The Hague
on December 16, 1970;
(B) the Convention for the Suppression of
Unlawful Acts against the Safety of Civil
Aviation, done at Montreal on September 23,
1971;
(C) the Convention on the Prevention and
Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents,
adopted by the General Assembly of the United
Nations on December 14, 1973;
(D) the International Convention against the
Taking of Hostages, adopted by the General
Assembly of the United Nations on December 17,
1979;
(E) the Convention on the Physical Protection
of Nuclear Material, adopted at Vienna on March
3, 1980;
(F) the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to
the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, done
at Montreal on February 24, 1988;
(G) the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on March 10, 1988;
(H) the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed
Platforms located on the Continental Shelf,
done at Rome on March 10, 1988; or
(I) the International Convention for the
Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on
December 15, 1997;
(8) the term ``intergovernmental organization''
includes international organizations;
(9) the term ``international organization'' has the
same meaning as in section 1116(b)(5) of this title;
(10) the term ``armed conflict'' does not include
internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence, and other acts
of a similar nature;
(11) the term ``serious bodily injury'' has the same
meaning as in section 1365(g)(3) of this title;
(12) the term ``national of the United States'' has
the meaning given that term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)); \84\
---------------------------------------------------------------------------
\84\ Sec. 6604(b) of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3764) struck out ``and'' at the end of para. (12),
redesignated para. (13) as para. (14), and added a new para. (13).
---------------------------------------------------------------------------
(13) \84\ the term ``material support or resources''
has the same meaning given that term in section
2339B(g)(4) of this title; and
(14) \84\ the term ``state'' has the same meaning as
that term has under international law, and includes all
political subdivisions thereof.
(f) Civil Penalty.--In addition to any other criminal,
civil, or administrative liability or penalty, any legal entity
located within the United States or organized under the laws of
the United States, including any of the laws of its States,
districts, commonwealths, territories, or possessions, shall be
liable to the United States for the sum of at least $10,000, if
a person responsible for the management or control of that
legal entity has, in that capacity, committed an offense set
forth in subsection (a).
Sec. 2339D. \85\ Receiving military-type training from a foreign
terrorist organization
(a) Offense.--Whoever knowingly receives military-type
training from or on behalf of any organization designated at
the time of the training by the Secretary of State under
section 219(a)(1) of the Immigration and Nationality Act as a
foreign terrorist organization shall be fined under this title
or imprisoned for ten years, or both. To violate this
subsection, a person must have knowledge that the organization
is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or
engages in terrorist activity (as defined in section 212 of the
Immigration and Nationality Act), or that the organization has
engaged or engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989).
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\85\ Sec. 6602 of the Material Support to Terrorism Prohibition
Enhancement Act of 2004 (subtitle G of title VI of Public Law 108-458;
118 Stat. 3761) added sec. 2339D.
---------------------------------------------------------------------------
(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section. There is jurisdiction over an offense under
subsection (a) if--
(1) an offender is a national of the United States
(as defined in 101(a)(22) of the Immigration and
Nationality Act) or an alien lawfully admitted for
permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality
Act);
(2) an offender is a stateless person whose habitual
residence is in the United States;
(3) after the conduct required for the offense occurs
an offender is brought into or found in the United
States, even if the conduct required for the offense
occurs outside the United States;
(4) the offense occurs in whole or in part within the
United States;
(5) the offense occurs in or affects interstate or
foreign commerce; or
(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing
an offense under subsection (a) or conspires with any
person over whom jurisdiction exists under this
paragraph to commit an offense under subsection (a).
(c) Definitions.--As used in this section--
(1) the term ``military-type training'' includes
training in means or methods that can cause death or
serious bodily injury, destroy or damage property, or
disrupt services to critical infrastructure, or
training on the use, storage, production, or assembly
of any explosive, firearm or other weapon, including
any weapon of mass destruction (as defined in section
2232a(c)(2));
(2) the term ``serious bodily injury'' has the
meaning given that term in section 1365(h)(3);
(3) the term ``critical infrastructure'' means
systems and assets vital to national defense, national
security, economic security, public health or safety
including both regional and national infrastructure.
Critical infrastructure may be publicly or privately
owned; examples of critical infrastructure include gas
and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical
power generation or delivery systems, financing and
banking systems, emergency services (including medical,
police, fire, and rescue services), and transportation
systems and services (including highways, mass transit,
airlines, and airports); and
(4) the term ``foreign terrorist organization'' means
an organization designated as a terrorist organization
under section 219(a)(1) of the Immigration and
Nationality Act.
CHAPTER 113C--TORTURE \86\
Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
Sec. 2340. Definitions
As used in this chapter--
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\86\ 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 the Economic Espionage Act of 1996 (Public Law 104-
294; 110 Stat. 3501) made the same amendment; sec. 4002(c)(1) of the
Criminal Law Technical Amendments Act of 2002 (title IV of Public Law
107-273; 116 Stat. 1808) subsequently repealed sec. 601(j)(1).
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 \87\ custody
or physical control;
---------------------------------------------------------------------------
\87\ 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) \88\ ``United States'' means the several States
of the United States, the District of Columbia, and the
commonwealths, territories, and possessions of the
United States.
---------------------------------------------------------------------------
\88\ Sec. 1089 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2067) amended and restated para. (3), which had provided, as amended by
sec. 1(2) of Public Law 103-429 (108 Stat. 4377), the following:
``(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.''.
---------------------------------------------------------------------------
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 \89\ imprisoned for
any term of years or for life.
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\89\ 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.
(c) \90\ Conspiracy.--A person who conspires to commit an
offense under this section shall be subject to the same
penalties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was the
object of the conspiracy.
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\90\ Sec. 811(g) of the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 381) added subsec. (c).
---------------------------------------------------------------------------
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 \91\
Sec.
2441. War crimes.
Sec. 2441.\92\ War crimes
(a) Offense.--Whoever, whether inside or outside the United
States, commits a war crime,\93\ 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.
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\91\ Added by sec. 2(a) of the War Crimes Act of 1996 (Public Law
104-192; 110 Stat. 2104).
\92\ Redesignated from sec. 2401 to sec. 2441 by 605(p)(1) of the
Economic Espionage Act of 1996 (Public Law 104-294; 110 Stat. 3510).
\93\ Sec. 583(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2436), as amended by sec. 4002(e)(7) of Public Law 197-273 (116
Stat. 1810), struck out ``grave breach of the Geneva Conventions'' and
inserted in lieu thereof ``war crime''.
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(b) Circumstances.--The circumstances referred to in
subsection (a) are that the person committing such war crime
\94\ or the victim of such war crime \94\ 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).
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\94\ Sec. 583(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2436), as amended by sec. 4002(e)(7) of Public Law 197-273 (116
Stat. 1810), struck out ``breach'' and inserted in lieu thereof ``war
crime''.
---------------------------------------------------------------------------
(c) \95\ Definition.--As used in this section the term
``war crime'' means any conduct--
---------------------------------------------------------------------------
\95\ Sec. 583(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2436), as amended by sec. 4002(e)(7) of Public Law 197-273 (116
Stat. 1810), 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. Intelligence Reform and Terrorism Prevention Act of 2004
Partial text of Public Law 108-458 [S. 2845], 118 Stat. 3638, approved
December 17, 2004
AN ACT To reform the intelligence community and the intelligence and
intelligence-related activities of the United States 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.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Reform and Terrorism Prevention Act of 2004''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 401 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
TITLE IV--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Aviation Security
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) * * *
(b) * * *
(c) Report on Criteria for Consolidated Terrorist Watch
List.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of
Homeland Security, the
Secretary of State, and the Attorney General, shall
submit to Congress a report on the Terrorist Screening
Center consolidated screening watch list.
(2) Contents.--The report shall include--
(A) the criteria for placing the name of an
individual on the watch list;
(B) the minimum standards for reliability and
accuracy of identifying information;
(C) the degree of information certainty and
the range of threat levels that are to be
identified for an individual; and
(D) the range of applicable consequences that
are to apply to an individual, if located.
(3) Form.--To the greatest extent consistent with the
protection of law enforcement-sensitive information and
classified information and the administration of
applicable law, the report shall be submitted in
unclassified form and shall be available to the public.
The report may contain a classified annex if necessary.
* * * * * * *
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF
FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively
international agreements with foreign governments to allow the
maximum deployment of Federal air marshals on international
flights.
* * * * * * *
SEC. 4026.\2\ MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export
Control.--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2751 note.
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(1) To limit availability and transfer of manpads.--
The President shall pursue, on an urgent basis, further
strong international diplomatic and cooperative
efforts, including bilateral and multilateral treaties,
in the appropriate forum to limit the availability,
transfer, and proliferation of MANPADSs worldwide.
(2) To limit the proliferation of manpads.--The
President is encouraged to seek to enter into
agreements with the governments of foreign countries
that, at a minimum, would--
(A) prohibit the entry into force of a
MANPADS manufacturing license agreement and
MANPADS co-production agreement, other than the
entry into force of a manufacturing license or
co-production agreement with a country that is
party to such an agreement;
(B) prohibit, except pursuant to transfers
between governments, the export of a MANPADS,
including any component, part, accessory, or
attachment thereof, without an individual
validated license; and
(C) prohibit the reexport or retransfer of a
MANPADS, including any component, part,
accessory, or attachment thereof, to a third
person, organization, or government unless the
written consent of the government that approved
the original export or transfer is first
obtained.
(3) To achieve destruction of manpads.--The President
should continue to pursue further strong international
diplomatic and cooperative efforts, including bilateral
and multilateral treaties, in the appropriate forum to
assure the destruction of excess, obsolete, and illicit
stocks of MANPADSs worldwide.
(4) Reporting and briefing requirement.--
(A) President's report.--Not later than 180
days after the date of enactment of this Act,
the President shall transmit to the appropriate
congressional committees a report that contains
a detailed description of the status of
diplomatic efforts under paragraphs (1), (2),
and (3) and of efforts by the appropriate
United States agencies to comply with the
recommendations of the General Accounting
Office set forth in its report GAO-04-519,
entitled ``Nonproliferation: Further
Improvements Needed in U.S. Efforts to Counter
Threats from Man-Portable Air Defense
Systems''.
(B) Annual briefings.--Annually after the
date of submission of the report under
subparagraph (A) and until completion of the
diplomatic and compliance efforts referred to
in subparagraph (A), the Secretary of State
shall brief the appropriate congressional
committees on the status of such efforts.
(b) FAA Airworthiness Certification of Missile Defense
Systems for Commercial Aircraft.--
(1) In general.--As soon as practicable, but not
later than the date of completion of Phase II of the
Department of Homeland Security's counter-man-portable
air defense system (MANPADS) development and
demonstration program, the Administrator of the Federal
Aviation Administration shall establish a process for
conducting airworthiness and safety certification of
missile defense systems for commercial aircraft
certified as effective and functional by the Department
of Homeland Security. The process shall require a
certification by the Administrator that such systems
can be safely integrated into aircraft systems and
ensure airworthiness and aircraft system integrity.
(2) Certification acceptance.--Under the process, the
Administrator shall accept the certification of the
Department of Homeland Security that a missile defense
system is effective and functional to defend commercial
aircraft against MANPADSs.
(3) Expeditious certification.--Under the process,
the Administrator shall expedite the airworthiness and
safety certification of missile defense systems for
commercial aircraft certified by the Department of
Homeland Security.
(4) Reports.--Not later than 90 days after the first
airworthiness and safety certification for a missile
defense system for commercial aircraft is issued by the
Administrator, and annually thereafter until December
31, 2008, the Federal Aviation Administration shall
transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report that contains a detailed
description of each airworthiness and safety
certification issued for a missile defense system for
commercial aircraft.
(c) Programs to Reduce MANPADS.--
(1) In general.--The President is encouraged to
pursue strong programs to reduce the number of MANPADSs
worldwide so that fewer MANPADSs will be available for
trade, proliferation, and sale.
(2) Reporting and briefing requirements.--Not later
than 180 days after the date of enactment of this Act,
the President shall transmit to the appropriate
congressional committees a report that contains a
detailed description of the status of the programs
being pursued under subsection (a). Annually thereafter
until the programs are no longer needed, the Secretary
of State shall brief the appropriate congressional
committees on the status of programs.
(3) Funding.--There is authorized to be appropriated
such sums as may be necessary to carry out this
section.
(d) MANPADS Vulnerability Assessments Report.--
(1) In general.--Not later than one year after the
date of enactment of this Act, the Secretary of
Homeland Security shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing
the Department of Homeland Security's plans to secure
airports and the aircraft arriving and departing from
airports against MANPADSs attacks.
(2) Matters to be addressed.--The Secretary's report
shall address, at a minimum, the following:
(A) The status of the Department's efforts to
conduct MANPADSs vulnerability assessments at
United States airports at which the Department
is conducting assessments.
(B) How intelligence is shared between the
United States intelligence agencies and
Federal, State, and local law enforcement to
address the MANPADS threat and potential ways
to improve such intelligence sharing.
(C) Contingency plans that the Department has
developed in the event that it receives
intelligence indicating a high threat of a
MANPADS attack on aircraft at or near United
States airports.
(D) The feasibility and effectiveness of
implementing public education and neighborhood
watch programs in areas surrounding United
States airports in cases in which intelligence
reports indicate there is a high risk of
MANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems
relevant.
(3) Format.--The report required by this subsection
may be submitted in a classified format.
(e) Definitions.--In this section, the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on International Relations, and the
Committee on Transportation and Infrastructure
of the House of Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Commerce, Science, and
Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed
to be man-portable and carried and fired by a
single individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than
one individual acting as a crew and portable by
several individuals.
* * * * * * *
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers \3\
* * * * * * *
---------------------------------------------------------------------------
\3\ Subtitle A amended the Foreign Intelligence Surveillance Act of
1978; for amended text see beginning at page 915.
---------------------------------------------------------------------------
Subtitle B--Money Laundering and Terrorist Financing \4\
* * * * * * *
---------------------------------------------------------------------------
\4\ Subtitle B amended 31 U.S.C. at secs. 310 and 5341.
---------------------------------------------------------------------------
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
SEC. 6201.\5\ SHORT TITLE.
This subtitle may be cited as the ``International Money
Laundering Abatement and Financial Antiterrorism Technical
Corrections Act of 2004''.
---------------------------------------------------------------------------
\5\ 31 U.S.C. 5301 note.
---------------------------------------------------------------------------
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56. \6\
* * * * * * *
---------------------------------------------------------------------------
\6\ For amended text of the USA PATRIOT ACT (Public Law 107-56),
see beginning at page 1082.
---------------------------------------------------------------------------
Subtitle D--Additional Enforcement Tools
* * * * * * *
SEC. 6303. TERRORISM FINANCING.
(a) Report on Terrorist Financing.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the President, acting
through the Secretary of the Treasury, shall submit to
Congress a report evaluating the current state of
United States efforts to curtail the international
financing of terrorism.
(2) Contents.--The report required by paragraph (1)
shall evaluate and make recommendations on--
(A) the effectiveness and efficiency of
current United States governmental efforts and
methods to detect, track, disrupt, and stop
terrorist financing;
(B) the relationship between terrorist
financing and money laundering, including how
the laundering of proceeds related to illegal
narcotics or foreign political corruption may
contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency
of current efforts to coordinate intelligence
and agency operations within the United States
Government to detect, track, disrupt, and stop
terrorist financing, including identifying who,
if anyone, has primary responsibility for
developing priorities, assigning tasks to
agencies, and monitoring the implementation of
policy and operations;
(D) the effectiveness and efficiency of
efforts to protect the critical infrastructure
of the United States financial system, and ways
to improve the effectiveness of financial
institutions;
(E) ways to improve multilateral and
international governmental cooperation on
terrorist financing, including the adequacy of
agency coordination within the United States
related to participating in international
cooperative efforts and implementing
international treaties and compacts; and
(F) ways to improve the setting of priorities
and coordination of United States efforts to
detect, track, disrupt, and stop terrorist
financing, including recommendations for
changes in executive branch organization or
procedures, legislative reforms, additional
resources, or use of appropriated funds.
(b) Postemployment Restriction for Certain Bank and Thrift
Examiners.--Section 10 of the Federal Deposit Insurance Act (12
U.S.C. 1820) is amended by adding at the end the following: * *
*
(c) Postemployment Restriction for Certain Credit Union
Examiners.--Section 206 of the Federal Credit Union Act (12
U.S.C. 1786) is amended by adding at the end the following: * *
*
(d) \7\ Effective Date.--Notwithstanding any other
effective date established pursuant to this Act, subsection (a)
shall become effective on the date of enactment of this Act,
and the amendments made by subsections (b) and (c) shall become
effective at the end of the 12-month period beginning on the
date of enactment of this Act, whether or not final regulations
are issued in accordance with the amendments made by this
section as of that date of enactment.
---------------------------------------------------------------------------
\7\ 12 U.S.C. 1786 note.
---------------------------------------------------------------------------
Subtitle E--Criminal History Background Checks
* * * * * * *
Subtitle F--Grand Jury Information Sharing
* * * * * * *
Subtitle G--Providing Material Support to Terrorism
SEC. 6601.\8\ SHORT TITLE.
This subtitle may be cited as the ``Material Support to
Terrorism Prohibition Enhancement Act of 2004''.
---------------------------------------------------------------------------
\8\ 18 U.S.C. 2331 note.
---------------------------------------------------------------------------
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST
ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2339C the following new section: * * * \9\
---------------------------------------------------------------------------
\9\ Sec. 6602 added a new sec. 2339D to 18 U.S.C.
---------------------------------------------------------------------------
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO
TERRORISM. * * * \10\
SEC. 6604. FINANCING OF TERRORISM. * * * \10\
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004 \11\
* * * * * * *
---------------------------------------------------------------------------
\10\ Secs. 6603 and 6604 amended 18 U.S.C. at chapter 113B,
relating to terrorism; see beginning at page 1020.
\11\ 18 U.S.C. 1 note.
---------------------------------------------------------------------------
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
SEC. 6801.\12\ SHORT TITLE.
This subtitle may be cited as the ``Weapons of Mass
Destruction Prohibition Improvement Act of 2004''.
---------------------------------------------------------------------------
\12\ 18 U.S.C. 1 note.
\13\ Sec. 6802 amended 18 U.S.C.
\14\ Sec. 6803 amended the Atomic Energy Act of 1954 and 18 U.S.C.
---------------------------------------------------------------------------
SEC. 6802. WEAPONS OF MASS DESTRUCTION. * * * \13\
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION
THREATS TO THE UNITED STATES. * * * \14\
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act
of 2004
SEC. 6901.\15\ SHORT TITLE.
This subtitle may be cited as the ``Prevention of Terrorist
Access to Destructive Weapons Act of 2004''.
---------------------------------------------------------------------------
\15\ 18 U.S.C. 1 note.
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SEC. 6902.\16\ FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\16\ 18 U.S.C. 175c note.
---------------------------------------------------------------------------
(1) The criminal use of man-portable air defense
systems (referred to in this section as ``MANPADS'')
presents a serious threat to civil aviation worldwide,
especially in the hands of terrorists or foreign states
that harbor them.
(2) Atomic weapons or weapons designed to release
radiation (commonly known as ``dirty bombs'') could be
used by terrorists to inflict enormous loss of life and
damage to property and the environment.
(3) Variola virus is the causative agent of smallpox,
an extremely serious, contagious, and sometimes fatal
disease. Variola virus is classified as a Category A
agent by the Centers for Disease Control and
Prevention, meaning that it is believed to pose the
greatest potential threat for adverse public health
impact and has a moderate to high potential for large-
scale dissemination. The last case of smallpox in the
United States was in 1949. The last naturally occurring
case in the world was in Somalia in 1977. Although
smallpox has been officially eradicated after a
successful worldwide vaccination program, there remain
two official repositories of the variola virus for
research purposes. Because it is so dangerous, the
variola virus may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS,
atomic or radiological weapons, or the variola virus,
against the United States, its allies, or its people,
poses a grave risk to the security, foreign policy,
economy, and environment of the United States.
Accordingly, the United States has a compelling
national security interest in preventing unlawful
activities that lead to the proliferation or spread of
such items, including their unauthorized production,
construction, acquisition, transfer, possession,
import, or export. All of these activities markedly
increase the chances that such items will be obtained
by terrorist organizations or rogue states, which could
use them to attack the United States, its allies, or
United States nationals or corporations.
(5) There is no legitimate reason for a private
individual or company, absent explicit government
authorization, to produce, construct, otherwise
acquire, transfer, receive, possess, import, export, or
use MANPADS, atomic or radiological weapons, or the
variola virus.
(b) Purpose.--The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause
widespread harm to United States persons and the United States
economy (and that have no legitimate private use) and to
threaten or harm the national security or foreign relations of
the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2332f the following: * * *
SEC. 6904. ATOMIC WEAPONS. * * * \17\
---------------------------------------------------------------------------
\17\ Sec. 6904 amended the Atomic Energy Act of 1954.
---------------------------------------------------------------------------
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2332g the following: * * *
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by
inserting after section 175b the following: * * *
SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is
amended--* * *
SEC. 6908. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED
STATES CODE. * * *
SEC. 6909. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED
STATES CODE. * * *
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22
U.S.C. 2778) is amended--* * *
SEC. 6911. CLERICAL AMENDMENTS. * * *
Subtitle K--Pretrial Detention of Terrorists
SEC. 6951.\18\ SHORT TITLE.
This subtitle may be cited as the ``Pretrial Detention of
Terrorists Act of 2004''.
---------------------------------------------------------------------------
\18\ 18 U.S.C. 3141 note.
---------------------------------------------------------------------------
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING
TERRORISM.
Section 3142 of title 18, United States Code, is amended--*
* *
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001.\19\ SHORT TITLE.
This title may be cited as the ``9/11 Commission
Implementation Act of 2004''.
---------------------------------------------------------------------------
\19\ 6 U.S.C. 101 note. For freestanding text of the 9/11
Commission Implementation Act of 2004, see page 94.
---------------------------------------------------------------------------
* * * * * * *
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
SEC. 8101.\20\ INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE
SIMULATION AND ANALYSIS CENTER.
(a) In General.--The Director of National Intelligence
shall establish a formal relationship, including information
sharing, between the elements of the intelligence community and
the National Infrastructure Simulation and Analysis Center.
---------------------------------------------------------------------------
\20\ 50 U.S.C. 403-1 note.
---------------------------------------------------------------------------
(b) Purpose.--The purpose of the relationship under
subsection (a) shall be to permit the intelligence community to
take full advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center, particularly
vulnerability and consequence analysis, for real time response
to reported threats and long term planning for projected
threats.
Subtitle B--Department of Homeland Security Matters
* * * * * * *
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
* * * * * * *
Subtitle D--Other Matters
* * * * * * *
c. Enhanced Border Security and Visa Entry Reform Act of 2002
Partial text of Public Law 107-173 [H.R. 3525], 116 Stat. 543, approved
May 14, 2002; as amended by Public Law 108-177 [Intelligence
Authorization Act for Fiscal Year 2004; H.R. 2417], 117 Stat. 2599,
approved December 13, 2003; Public Law 108-293 [Coast Guard and
Maritime Transportation Act of 2004; H.R. 2443], 118 Stat. 1028,
approved August 9, 2004; Public Law 108-299 [H.R. 4417], 118 Stat.
1100, approved August 9, 2004; and Public Law 108-458 [Intelligence
Reform and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638,
approved December 17, 2004
AN ACT To enhance the border security 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.\1\ SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Enhanced
Border Security and Visa Entry Reform Act of 2002''.
---------------------------------------------------------------------------
\1\ 8 U.S.C. 1701 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
SEC. 2.\2\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\2\ 8 U.S.C. 1701.
---------------------------------------------------------------------------
(1) Alien.--The term ``alien'' has the meaning given
the term in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
following:
(A) The Committee on the Judiciary, the
Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate.
(B) The Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and
the Committee on International Relations of the
House of Representatives.
(3) Chimera system.--The term ``Chimera system''
means the interoperable electronic data system required
to be developed and implemented by section 202(a)(2).
(4) Federal law enforcement agencies.--The term
``Federal law enforcement agencies'' means the
following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administration.
(C) The Federal Bureau of Investigation.
(D) The Immigration and Naturalization
Service.
(E) The United States Marshall Service.
(F) The Naval Criminal Investigative Service.
(G) \3\ The Coast Guard.
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\3\ Sec. 619 of Public Law 108-293 (118 Stat. 1062) struck out
``(G) The Coastal Security Service.'' and inserted in lieu thereof
``(G) The Coast Guard.''.
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(H) The Diplomatic Security Service.
(I) The United States Postal Inspection
Service.
(J) The Bureau of Alcohol, Tobacco, and
Firearms.
(K) The United States Customs Service.
(L) The National Park Service.
(5) Intelligence community.--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)).
(6) President.--The term ``President'' means the
President of the United States, acting through the
Assistant to the President for Homeland Security, in
coordination with the Secretary of State, the
Commissioner of Immigration and Naturalization, the
Attorney General, the Director of Central Intelligence,
the Director of the Federal Bureau of Investigation,
the Secretary of Transportation, the Commissioner of
Customs, and the Secretary of the Treasury.
(7) USA PATRIOT Act.--The term ``USA PATRIOT Act''
means the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Public Law 107-56).
TITLE I--FUNDING
SEC. 101.\4\ AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING
GOVERNMENT PERSONNEL.
(a) Additional Personnel.--* * *
---------------------------------------------------------------------------
\4\ 8 U.S.C. 1711.
---------------------------------------------------------------------------
(b) Authorization of Appropriations for INS Staffing.--* *
*
(c) Authorization of Appropriations for Training.--* * *
(d) Authorization of Appropriations for Consular
Functions.--
(1) Responsibilities.--The Secretary of State shall--
(A) implement enhanced security measures for
the review of visa applicants;
(B) staff the facilities and programs
associated with the activities described in
subparagraph (A); and
(C) provide ongoing training for consular
officers and diplomatic security agents.
(2) Authorization of appropriations.--There are
authorized to be appropriated for the Department of
State such sums as may be necessary to carry out
paragraph (1).
SEC. 102.\5\ AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN
TECHNOLOGY AND INFRASTRUCTURE.
(a) Funding of Technology.--
---------------------------------------------------------------------------
\5\ 8 U.S.C. 1712.
---------------------------------------------------------------------------
(1) Authorization of appropriations.--In addition to
funds otherwise available for such purpose, there are
authorized to be appropriated $150,000,000 to the
Immigration and Naturalization Service for purposes
of--
(A) making improvements in technology
(including infrastructure support, computer
security, and information technology
development) for improving border security;
(B) expanding, utilizing, and improving
technology to improve border security; and
(C) facilitating the flow of commerce and
persons at ports of entry, including improving
and expanding programs for preenrollment and
preclearance.
(2) Waiver of fees.--Federal agencies involved in
border security may waive all or part of enrollment
fees for technology-based programs to encourage
participation by United States citizens and aliens in
such programs. Any agency that waives any part of any
such fee may establish its fees for other services at a
level that will ensure the recovery from other users of
the amounts waived.
(3) Offset of increases in fees.--The Attorney
General may, to the extent reasonable, increase land
border fees for the issuance of arrival-departure
documents to offset technology costs.
(b) Improvement and Expansion of INS, State Department, and
Customs Facilities.--There are authorized to be appropriated to
the Immigration and Naturalization Service and the Department
of State such sums as may be necessary to improve and expand
facilities for use by the personnel of those agencies.
SEC. 103.\6\ MACHINE-READABLE VISA FEES.
(a) Relation to Subsequent Authorization Acts.--Section
140(a) of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236) is amended by striking
paragraph (3).
---------------------------------------------------------------------------
\6\ 8 U.S.C. 1713.
---------------------------------------------------------------------------
(b) Fee Amount.--The machine-readable visa fee charged by
the Department of State shall be the higher of $65 or the cost
of the machine-readable visa service, as determined by the
Secretary of State after conducting a study of the cost of such
service.
(c) Surcharge.--The Department of State is authorized to
charge a surcharge of $10, in addition to the machine-readable
visa fee, for issuing a machine-readable visa in a nonmachine-
readable passport.
(d) Availability of Collected Fees.--Notwithstanding any
other provision of law, amounts collected as fees described in
this section shall be credited as an offsetting collection to
any appropriation for the Department of State to recover costs
of providing consular services. Amounts so credited shall be
available, until expended, for the same purposes as the
appropriation to which credited.
TITLE II--INTERAGENCY INFORMATION SHARING
SEC. 201.\7\ INTERIM MEASURES FOR ACCESS TO AND COORDINATION OF LAW
ENFORCEMENT AND OTHER INFORMATION.
(a) Interim Directive.--Until the plan required by
subsection (c) is implemented, Federal law enforcement agencies
and the intelligence community shall, to the maximum extent
practicable, share any information with the Department of State
and the Immigration and Naturalization Service relevant to the
admissibility and deportability of aliens, consistent with the
plan described in subsection (c).
---------------------------------------------------------------------------
\7\ 8 U.S.C. 1721.
---------------------------------------------------------------------------
(b) Report Identifying Law Enforcement and Intelligence
Information.--
(1) In general.--Not later than 120 days after the
date of enactment of this Act, the President shall
submit to the appropriate committees of Congress a
report identifying Federal law enforcement and the
intelligence community information needed by the
Department of State to screen visa applicants, or by
the Immigration and Naturalization Service to screen
applicants for admission to the United States, and to
identify those aliens inadmissible or deportable under
the Immigration and Nationality Act.
(2) Repeal.--Section 414(d) of the USA PATRIOT Act is
hereby repealed.
(c) Coordination Plan.--
(1) Requirement for plan.--Not later than one year
after the date of enactment of the USA PATRIOT Act, the
President shall develop and implement a plan based on
the findings of the report under subsection (b) that
requires Federal law enforcement agencies and the
intelligence community to provide to the Department of
State and the Immigration and Naturalization Service
all information identified in that report as
expeditiously as practicable.
(2) Consultation requirement.--In the preparation and
implementation of the plan under this subsection, the
President shall consult with the appropriate committees
of Congress.
(3) Protections regarding information and uses
thereof.--The plan under this subsection shall
establish conditions for using the information
described in subsection (b) received by the Department
of State and Immigration and Naturalization Service--
(A) to limit the redissemination of such
information;
(B) to ensure that such information is used
solely to determine whether to issue a visa to
an alien or to determine the admissibility or
deportability of an alien to the United States,
except as otherwise authorized under Federal
law;
(C) to ensure the accuracy, security, and
confidentiality of such information;
(D) to protect any privacy rights of
individuals who are subjects of such
information;
(E) to provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information; and
(F) in a manner that protects the sources and
methods used to acquire intelligence
information as required by section 103(c)(7) of
the National Security Act of 1947 (50 U.S.C.
403-3(c)(7)).\8\
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\8\ Sec. 377(f) of Public Law 108-177 (117 Stat. 2631) struck out
``section 103(c)(6) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(6))'' and inserted in lieu thereof ``section 103(c)(7) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(7))''.
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(4) Criminal penalties for misuse of information.--
Any person who obtains information under this
subsection without authorization or exceeding
authorized access (as defined in section 1030(e) of
title 18, United States Code), and who uses such
information in the manner described in any of the
paragraphs (1) through (7) of section 1030(a) of such
title, or attempts to use such information in such
manner, shall be subject to the same penalties as are
applicable under section 1030(c) of such title for
violation of that paragraph.
(5) Advancing deadlines for a technology standard and
report.--Section 403(c) of the USA PATRIOT Act is
amended--* * *
SEC. 202.\9\ INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM
WITH NAME-MATCHING CAPACITY AND TRAINING.
(a) Interoperable Law Enforcement and Intelligence
Electronic Data System.--
---------------------------------------------------------------------------
\9\ 8 U.S.C. 1722.
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(1) Requirement for integrated immigration and
naturalization data system.--The Immigration and
Naturalization Service shall fully integrate all
databases and data systems maintained by the Service
that process or contain information on aliens. The
fully integrated data system shall be an interoperable
component of the electronic data system described in
paragraph (2).
(2) Requirement for interoperable data system.--Upon
the date of commencement of implementation of the plan
required by section 201(c), the President shall develop
and implement an interoperable electronic data system
to provide current and immediate access to information
in databases of Federal law enforcement agencies and
the intelligence community that is relevant to
determine whether to issue a visa or to determine the
admissibility or deportability of an alien (also known
as the ``Chimera system'').
(3) Consultation requirement.--In the development and
implementation of the data system under this
subsection, the President shall consult with the
Director of the National Institute of Standards and
Technology (NIST) and any such other agency as may be
deemed appropriate.
(4) Technology standard.--
(A) In general.--The data system developed
and implemented under this subsection, and the
databases referred to in paragraph (2), shall
utilize the technology standard established
pursuant to section 403(c) of the USA PATRIOT
Act, as amended by section 201(c)(5) and
subparagraph (B).
(B) Conforming amendment.--Section 403(c) of
the USA PATRIOT Act, as amended by section
201(c)(5), is further amended--* * *
(5) Access to information in data system.--Subject to
paragraph (6), information in the data system under
this subsection shall be readily and easily
accessible--
(A) to any consular officer responsible for
the issuance of visas;
(B) to any Federal official responsible for
determining an alien's admissibility to or
deportability from the United States; and
(C) to any Federal law enforcement or
intelligence officer determined by regulation
to be responsible for the investigation or
identification of aliens.
(6) Limitation on access.--The President shall, in
accordance with applicable Federal laws, establish
procedures to restrict access to intelligence
information in the data system under this subsection,
and the databases referred to in paragraph (2), under
circumstances in which such information is not to be
disclosed directly to Government officials under
paragraph (5).
(b) Name-Search Capacity and Support.--
(1) In general.--The interoperable electronic data
system required by subsection (a) shall--
(A) have the capacity to compensate for
disparate name formats among the different
databases referred to in subsection (a);
(B) be searchable on a linguistically
sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize
commercially available technology; and
(E) be adjusted and improved, based upon
experience with the databases and improvements
in the underlying technologies and sciences, on
a continuing basis.
(2) Linguistically sensitive searches.--
(A) In general.--To satisfy the requirement
of paragraph (1)(B), the interoperable
electronic database shall be searchable based
on linguistically sensitive algorithms that--
(i) account for variations in name
formats and transliterations, including
varied spellings and varied separation
or combination of name elements, within
a particular language; and
(ii) incorporate advanced linguistic,
mathematical, statistical, and
anthropological research and methods.
(B) Languages required.--
(i) Priority languages.--
Linguistically sensitive algorithms
shall be developed and implemented for
no fewer than 4 languages designated as
high priorities by the Secretary of
State, after consultation with the
Attorney General and the Director of
Central Intelligence.
(ii) Implementation schedule.--Of the
4 linguistically sensitive algorithms
required to be developed and
implemented under clause (i)--
(I) the highest priority
language algorithms shall be
implemented within 18 months
after the date of enactment of
this Act; and
(II) an additional language
algorithm shall be implemented
each succeeding year for the
next three years.
(3) Adequate user support.--The Secretary of State
and the Attorney General shall jointly prescribe
procedures to ensure that consular and immigration
officers can, as required, obtain assistance in
resolving identity and other questions that may arise
about the names of aliens seeking visas or admission to
the United States that may be subject to variations in
format, transliteration, or other similar phenomenon.
(4) Interim reports.--Six months after the date of
enactment of this Act, the President shall submit a
report to the appropriate committees of Congress on the
progress in implementing each requirement of this
section.
(5) Reports by intelligence agencies.--
(A) Current standards.--Not later than 60
days after the date of enactment of this Act,
the Director of Central Intelligence shall
complete the survey and issue the report
previously required by section 309(a) of the
Intelligence Authorization Act for Fiscal Year
1998 (50 U.S.C. 403-3 note).
(B) Guidelines.--Not later than 120 days
after the date of enactment of this Act, the
Director of Central Intelligence shall issue
the guidelines and submit the copy of those
guidelines previously required by section
309(b) of the Intelligence Authorization Act
for Fiscal Year 1998 (50 U.S.C. 403-3 note).
(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out the provisions of this
subsection.
SEC. 203.\10\ COMMISSION ON INTEROPERABLE DATA SHARING.
(a) Establishment.--Not later than one year after the date
of enactment of the USA PATRIOT Act, the President shall
establish a Commission on Interoperable Data Sharing (in this
section referred to as the ``Commission''). The purposes of the
Commission shall be to--
---------------------------------------------------------------------------
\10\ 8 U.S.C. 1723.
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(1) monitor the protections described in section
201(c)(3);
(2) provide oversight of the interoperable electronic
data system described in section 202; and
(3) report to Congress annually on the Commission's
findings and recommendations.
(b) Composition.--The Commission shall consist of nine
members, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the
Commission.
(2) Eight members, who shall be appointed from a list
of nominees jointly provided by the Speaker of the
House of Representatives, the Minority Leader of the
House of Representatives, the Majority Leader of the
Senate, and the Minority Leader of the Senate.
(c) Considerations.--The Commission shall consider
recommendations regarding the following issues:
(1) Adequate protection of privacy concerns inherent
in the design, implementation, or operation of the
interoperable electronic data system.
(2) Timely adoption of security innovations,
consistent with generally accepted security standards,
to protect the integrity and confidentiality of
information to prevent the risks of accidental or
unauthorized loss, access, destruction, use
modification, or disclosure of information.
(3) The adequacy of mechanisms to permit the timely
correction of errors in data maintained by the
interoperable data system.
(4) Other protections against unauthorized use of
data to guard against the misuse of the interoperable
data system or the data maintained by the system,
including recommendations for modifications to existing
laws and regulations to sanction misuse of the system.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission such sums as may be
necessary to carry out this section.
SEC. 204.\11\ PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS INVOLVED
IN THE DEVELOPMENT AND IMPLEMENTATION OF THE
INTEROPERABLE ELECTRONIC DATA SYSTEM (``CHIMERA
SYSTEM''). * * *
TITLE III--VISA ISSUANCE
SEC. 301. ELECTRONIC PROVISION OF VISA FILES.
Section 221(a) of the Immigration and Nationality Act (8
U.S.C. 1201(a)) is amended--* * *
---------------------------------------------------------------------------
\11\ 8 U.S.C. 1724.
---------------------------------------------------------------------------
SEC. 302.\12\ IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT DATA
SYSTEM.
(a) Development of System.--In developing the integrated
entry and exit data system for the ports of entry, as required
by the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215), the Attorney
General and the Secretary of State shall--
---------------------------------------------------------------------------
\12\ 8 U.S.C. 1731.
---------------------------------------------------------------------------
(1) implement, fund, and use a technology standard
under section 403(c) of the USA PATRIOT Act (as amended
by sections 201(c)(5) and 202(a)(4)(B)) at United
States ports of entry and at consular posts abroad;
(2) establish a database containing the arrival and
departure data from machine-readable visas, passports,
and other travel and entry documents possessed by
aliens; and
(3) make interoperable all security databases
relevant to making determinations of admissibility
under section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182).
(b) Implementation.--In implementing the provisions of
subsection (a), the Immigration and Naturalization Service and
the Department of State shall--
(1) utilize technologies that facilitate the lawful
and efficient cross-border movement of commerce and
persons without compromising the safety and security of
the United States; and
(2) consider implementing the North American National
Security Program described in section 401.
SEC. 303.\13\ MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT
DOCUMENTS.
(a) Report.--
---------------------------------------------------------------------------
\13\ 8 U.S.C. 1732.
---------------------------------------------------------------------------
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General,
the Secretary of State, and the National Institute of
Standards and Technology (NIST), acting jointly, shall
submit to the appropriate committees of Congress a
comprehensive report assessing the actions that will be
necessary, and the considerations to be taken into
account, to achieve fully, not later than October 26,
2004--
(A) implementation of the requirements of
subsections (b) and (c); and
(B) deployment of the equipment and software
to allow biometric comparison and
authentication of the documents described in
subsections (b) and (c).
(2) Estimates.--In addition to the assessment
required by paragraph (1), the report required by that
paragraph shall include an estimate of the costs to be
incurred, and the personnel, man-hours, and other
support required, by the Department of Justice, the
Department of State, and NIST to achieve the objectives
of subparagraphs (A) and (B) of paragraph (1).
(b) Requirements.--
(1) In general.--Not later than October 26, 2004, the
Attorney General and the Secretary of State shall issue
to aliens only machine-readable, tamper-resistant visas
and other travel and entry documents that use biometric
identifiers. The Attorney General and the Secretary of
State shall jointly establish document authentication
standards and biometric identifiers standards to be
employed on such visas and other travel and entry
documents from among those biometric identifiers
recognized by domestic and international standards
organizations.
(2) Readers and scanners at ports of entry.--
(A) In general.--Not later than October 26,
2005,\14\ the Attorney General, in consultation
with the Secretary of State, shall install at
all ports of entry of the United States
equipment and software to allow biometric
comparison and authentication of all United
States visas and other travel and entry
documents issued to aliens, and passports
issued pursuant to subsection (c)(1).
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\14\ Sec. 1 of Public Law 108-299 (118 Stat. 1100) struck out
``2004,'' and inserted in lieu thereof ``2005,'' in subsecs. (b)(2)(A),
(c)(1), and (c)(2).
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(B) Use of readers and scanners.--The
Attorney General, in consultation with the
Secretary of State, shall utilize biometric
data readers and scanners that--
(i) domestic and international
standards organizations determine to be
highly accurate when used to verify
identity;
(ii) can read the biometric
identifiers utilized under subsections
(b)(1) and (c)(1); and
(iii) can authenticate the document
presented to verify identity.
(3) Use of technology standard.--The systems employed
to implement paragraphs (1) and (2) shall utilize the
technology standard established pursuant to section
403(c) of the USA PATRIOT Act, as amended by section
201(c)(5) and 202(a)(4)(B).
(c) Technology Standard for Visa Waiver Participants.--
(1) Certification requirement.--Not later than
October 26, 2005,\14\ the government of each country
that is designated to participate in the visa waiver
program established under section 217 of the
Immigration and Nationality Act shall certify, as a
condition for designation or continuation of that
designation, that it has a program to issue to its
nationals machine-readable passports that are tamper-
resistant and incorporate biometric and document
authentication identifiers that comply with applicable
biometric and document identifying standards
established by the International Civil Aviation
Organization. This paragraph shall not be construed to
rescind the requirement of section 217(a)(3) of the
Immigration and Nationality Act.
(2) Use of technology standard.--On and after October
26, 2005,\14\ any alien applying for admission under
the visa waiver program under section 217 of the
Immigration and Nationality Act shall present a
passport that meets the requirements of paragraph (1)
unless the alien's passport was issued prior to that
date.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section, including reimbursement to international and
domestic standards organizations.
SEC. 304.\15\ TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--The Secretary of State shall require a
terrorist lookout committee to be maintained within each United
States mission to a foreign country.
---------------------------------------------------------------------------
\15\ 8 U.S.C. 1733.
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(b) Purpose.--The purpose of each committee established
under subsection (a) shall be--
(1) to utilize the cooperative resources of all
elements of the United States mission in the country in
which the consular post is located to identify known or
potential terrorists and to develop information on
those individuals;
(2) to ensure that such information is routinely and
consistently brought to the attention of appropriate
United States officials for use in administering the
immigration laws of the United States; and
(3) to ensure that the names of known and suspected
terrorists are entered into the appropriate lookout
databases.
(c) Composition; Chair.--The Secretary shall establish
rules governing the composition of such committees.
(d) Meetings.--Each committee established under subsection
(a) shall meet at least monthly to share information pertaining
to the committee's purpose as described in subsection (b)(2).
(e) Periodic Reports to the Secretary of State.--Each
committee established under subsection (a) shall submit monthly
reports to the Secretary of State describing the committee's
activities, whether or not information on known or suspected
terrorists was developed during the month.
(f) Reports to Congress.--The Secretary of State shall
submit a report on a quarterly basis to the appropriate
committees of Congress on the status of the committees
established under subsection (a).
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to implement
this section.
SEC. 305.\16\ IMPROVED TRAINING FOR CONSULAR OFFICERS.
(a) Training.--The Secretary of State shall require that
all consular officers responsible for adjudicating visa
applications, before undertaking to perform consular
responsibilities, receive specialized training in the effective
screening of visa applicants who pose a potential threat to the
safety or security of the United States. Such officers shall be
specially and extensively trained in the identification of
aliens inadmissible under section 212(a)(3) (A) and (B) of the
Immigration and Nationality Act, interagency and international
intelligence sharing regarding terrorists and terrorism, and
cultural-sensitivity toward visa applicants. In accordance with
section 7201(d) of the 9/11 Commission Implementation Act of
2004, and as part of the consular training provided to such
officers by the Secretary of State, such officers shall also
receive training in detecting fraudulent documents and general
document forensics and shall be required as part of such
training to work with immigration officers conducting
inspections of applicants for admission into the United States
at ports of entry.\17\
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\16\ 8 U.S.C. 1734.
\17\ Sec. 7203(d) of the 9/11 Commission Implementation Act of 2004
(title VII of Public Law 108-458; 118 Stat. 3814) added this sentence.
---------------------------------------------------------------------------
(b) Use of Foreign Intelligence Information.--As an ongoing
component of the training required in subsection (a), the
Secretary of State shall coordinate with the Assistant to the
President for Homeland Security, Federal law enforcement
agencies, and the intelligence community to compile and
disseminate to the Bureau of Consular Affairs reports,
bulletins, updates, and other current unclassified information
relevant to terrorists and terrorism and to screening visa
applicants who pose a potential threat to the safety or
security of the United States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to implement
this section.
SEC. 306.\18\ RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS FROM
COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL
TERRORISM.
(a) In General.--No nonimmigrant visa under section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) shall be issued to any alien from a country that
is a state sponsor of international terrorism unless the
Secretary of State determines, in consultation with the
Attorney General and the heads of other appropriate United
States agencies, that such alien does not pose a threat to the
safety or national security of the United States. In making a
determination under this subsection, the Secretary of State
shall apply standards developed by the Secretary of State, in
consultation with the Attorney General and the heads of other
appropriate United States agencies, that are applicable to the
nationals of such states.
---------------------------------------------------------------------------
\18\ 8 U.S.C. 1735.
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(b) State Sponsor of International Terrorism Defined.--
(1) In general.--In this section, the term ``state
sponsor of international terrorism'' means any country
the government of which has been determined by the
Secretary of State under any of the laws specified in
paragraph (2) to have repeatedly provided support for
acts of international terrorism.
(2) Laws under which determinations were made.--The
laws specified in this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export
Administration Act of 1979 (or successor
statute).
(B) Section 40(d) of the Arms Export Control
Act.
(C) Section 620A(a) of the Foreign Assistance
Act of 1961.
SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA WAIVER
PROGRAM.
(a) Reporting Passport Thefts.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is amended--* *
*
(b) \19\ Check of Lookout Databases.--Prior to the
admission of an alien under the visa waiver program established
under section 217 of the Immigration and Nationality Act (8
U.S.C. 1187), the Immigration and Naturalization Service shall
determine that the applicant for admission does not appear in
any of the appropriate lookout databases available to
immigration inspectors at the time the alien seeks admission to
the United States.
---------------------------------------------------------------------------
\19\ 8 U.S.C. 1736.
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SEC. 308.\20\ TRACKING SYSTEM FOR STOLEN PASSPORTS.
(a) Entering Stolen Passport Identification Numbers in the
Interoperable Data System.--
---------------------------------------------------------------------------
\20\ 8 U.S.C. 1737.
---------------------------------------------------------------------------
(1) In general.--Beginning with implementation under
section 202 of the law enforcement and intelligence
data system, not later than 72 hours after receiving
notification of the loss or theft of a United States or
foreign passport, the Attorney General and the
Secretary of State, as appropriate, shall enter into
such system the corresponding identification number for
the lost or stolen passport.
(2) Entry of information on previously lost or stolen
passports.--To the extent practicable, the Attorney
General, in consultation with the Secretary of State,
shall enter into such system the corresponding
identification numbers for the United States and
foreign passports lost or stolen prior to the
implementation of such system.
(b) Transition Period.--Until such time as the law
enforcement and intelligence data system described in section
202 is fully implemented, the Attorney General shall enter the
data described in subsection (a) into an existing data system
being used to determine the admissibility or deportability of
aliens.
SEC. 309.\21\ IDENTIFICATION DOCUMENTS FOR CERTAIN NEWLY ADMITTED
ALIENS.
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall ensure that, immediately upon
the arrival in the United States of an individual admitted
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), or immediately upon an alien being granted asylum
under section 208 of such Act (8 U.S.C. 1158), the alien will
be issued an employment authorization document. Such document
shall, at a minimum, contain the fingerprint and photograph of
such alien.
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\21\ 8 U.S.C. 1738.
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TITLE IV--INSPECTION AND ADMISSION OF ALIENS
SEC. 401.\22\ STUDY OF THE FEASIBILITY OF A NORTH AMERICAN NATIONAL
SECURITY PROGRAM.
(a) In General.--The President shall conduct a study of the
feasibility of establishing a North American National Security
Program to enhance the mutual security and safety of the United
States, Canada, and Mexico.
---------------------------------------------------------------------------
\22\ 8 U.S.C. 1751.
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(b) Study Elements.--In conducting the study required by
subsection (a), the President shall consider the following:
(1) Preclearance.--The feasibility of establishing a
program enabling foreign national travelers to the
United States to submit voluntarily to a preclearance
procedure established by the Department of State and
the Immigration and Naturalization Service to determine
whether such travelers are admissible to the United
States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182). Consideration shall be
given to the feasibility of expanding the preclearance
program to include the preclearance both of foreign
nationals traveling to Canada and foreign nationals
traveling to Mexico.
(2) Preinspection.--The feasibility of expanding
preinspection facilities at foreign airports as
described in section 235A of the Immigration and
Nationality Act (8 U.S.C. 1225). Consideration shall be
given to the feasibility of expanding preinspections to
foreign nationals on air flights destined for Canada
and Mexico, and the cross training and funding of
inspectors from Canada and Mexico.
(3) Conditions.--A determination of the measures
necessary to ensure that the conditions required by
section 235A(a)(5) of the Immigration and Nationality
Act (8 U.S.C. 1225a(a)(5)) are satisfied, including
consultation with experts recognized for their
expertise regarding the conditions required by that
section.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the President shall submit to the
appropriate committees of Congress a report setting forth the
findings of the study conducted under subsection (a).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 402. PASSENGER MANIFESTS.
(a) In General.--Section 231 of the Immigration and
Nationality Act (8 U.S.C. 1221(a)) is amended--* * *
(b) \23\ Extension to Land Carriers.--
---------------------------------------------------------------------------
\23\ 8 U.S.C. 1221 note.
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(1) Study.--The President shall conduct a study
regarding the feasibility of extending the requirements
of subsections (a) and (b) of section 231 of the
Immigration and Nationality Act (8 U.S.C. 1221), as
amended by subsection (a), to any commercial carrier
transporting persons by land to or from the United
States. The study shall focus on the manner in which
such requirement would be implemented to enhance the
national security of the United States and the
efficient cross-border flow of commerce and persons.
(2) Report.--Not later than two years after the date
of enactment of this Act, the President shall submit to
Congress a report setting forth the findings of the
study conducted under paragraph (1).
(c) \23\ Effective Date.--The amendments made by subsection
(a) shall apply with respect to persons arriving in, or
departing from, the United States on or after the date of
enactment of this Act.
SEC. 403. TIME PERIOD FOR INSPECTIONS.
(a) Repeal of Time Limitation on Inspections.--Section
286(g) of the Immigration and Nationality Act (8 U.S.C.
1356(g)) is amended * * *
(b) \24\ Staffing Levels at Ports of Entry.--The
Immigration and Naturalization Service shall staff ports of
entry at such levels that would be adequate to meet traffic
flow and inspection time objectives efficiently without
compromising the safety and security of the United States.
Estimated staffing levels under workforce models for the
Immigration and Naturalization Service shall be based on the
goal of providing immigration services described in section
286(g) of such Act within 45 minutes of a passenger's
presentation for inspection.
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\24\ 8 U.S.C. 1752.
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SEC. 404.\25\ JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE
INSPECTIONS SERVICES.
(a) In General.--United States border inspections agencies,
including the Immigration and Naturalization Service, acting
jointly and under an agreement of cooperation with the
Government of Canada, may conduct joint United States-Canada
inspections projects on the international border between the
two countries. Each such project may provide alternative
inspections services and shall undertake to harmonize the
criteria for inspections applied by the two countries in
implementing those projects.
---------------------------------------------------------------------------
\25\ 8 U.S.C. 1753.
---------------------------------------------------------------------------
(b) Annual Report.--The Attorney General and the Secretary
of the Treasury shall prepare and submit annually to Congress a
report on the joint United States-Canada inspections projects
conducted under subsection (a).
(c) Exemption from Administrative Procedure Act and
Paperwork Reduction Act.--Subchapter II of chapter 5 of title
5, United States Code (commonly referred to as the
``Administrative Procedure Act'') and chapter 35 of title 44,
United States Code (commonly referred to as the ``Paperwork
Reduction Act'') shall not apply to fee setting for services
and other administrative requirements relating to projects
described in subsection (a), except that fees and forms
established for such projects shall be published as a notice in
the Federal Register.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
SEC. 501.\26\ FOREIGN STUDENT MONITORING PROGRAM.
(a) Strengthening Requirements for Implementation of
Monitoring Program.--
---------------------------------------------------------------------------
\26\ 8 U.S.C. 1761.
---------------------------------------------------------------------------
(1) Monitoring and verification of information.--
Section 641(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a))
is amended * * *
(2) Additional requirements for data to be
collected.--Section 641(c)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(c)(1)) is amended--* * *
(3) Reporting requirements.--Section 641(c) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(c)) is amended by adding at
the end the following new paragraph: * * *
(b) Information Required of the Visa Applicant.--Prior to
the issuance of a visa under subparagraph (F), subparagraph
(M), or, with respect to an alien seeking to attend an approved
institution of higher education, subparagraph (J) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), each alien applying for such visa shall provide
to a consular officer the following information:
(1) The alien's address in the country of origin.
(2) The names and addresses of the alien's spouse,
children, parents, and siblings.
(3) The names of contacts of the alien in the alien's
country of residence who could verify information about
the alien.
(4) Previous work history, if any, including the
names and addresses of employers.
(c) Transitional Program.--
(1) In general.--Not later than 120 days after the
date of enactment of this Act and until such time as
the system described in section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act (as
amended by subsection (a)) is fully implemented, the
following requirements shall apply:
(A) Restrictions on issuance of visas.--A
visa may not be issued to an alien under
subparagraph (F), subparagraph (M), or, with
respect to an alien seeking to attend an
approved institution of higher education,
subparagraph (J) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), unless--
(i) the Department of State has
received from an approved institution
of higher education or other approved
educational institution electronic
evidence of documentation of the
alien's acceptance at that institution;
and
(ii) the consular officer has
adequately reviewed the applicant's
visa record.
(B) Notification upon visa issuance.--Upon
the issuance of a visa under section 101(a)(15)
(F) or (M) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F) or (M)) to an
alien, the Secretary of State shall transmit to
the Immigration and Naturalization Service a
notification of the issuance of that visa.
(C) Notification upon admission of alien.--
The Immigration and Naturalization Service
shall notify the approved institution of higher
education or other approved educational
institution that an alien accepted for such
institution or program has been admitted to the
United States.
(D) Notification of failure of enrollment.--
Not later than 30 days after the deadline for
registering for classes for an academic term,
the approved institution of higher education or
other approved educational institution shall
inform the Immigration and Naturalization
Service through data-sharing arrangements of
any failure of any alien described in
subparagraph (C) to enroll or to commence
participation.
(2) Requirement to submit list of approved
institutions.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall
provide the Secretary of State with a list of all
approved institutions of higher education and other
approved educational institutions that are authorized
to receive nonimmigrants under section 101(a)(15) (F)
or (M) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F) or (M)).
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
SEC. 502.\27\ REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO
ENROLL OR SPONSOR CERTAIN NONIMMIGRANTS.
(a) Periodic Review of Compliance.--Not later than two
years after the date of enactment of this Act, and every two
years thereafter, the Commissioner of Immigration and
Naturalization, in consultation with the Secretary of
Education, shall conduct a review of the institutions certified
to receive nonimmigrants under section 101(a)(15) (F), (M), or
(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F), (M), or (J)). Each review shall determine
whether the institutions are in compliance with--
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\27\ 8 U.S.C. 1762.
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(1) recordkeeping and reporting requirements to
receive nonimmigrants under section 101(a)(15) (F),
(M), or (J) of that Act (8 U.S.C. 1101(a)(15)(F), (M),
or (J)); and
(2) recordkeeping and reporting requirements under
section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).
(b) Periodic Review of Sponsors of Exchange Visitors.--
(1) Requirement for reviews.--Not later than two
years after the date of enactment of this Act, and
every two years thereafter, the Secretary of State
shall conduct a review of the entities designated to
sponsor exchange visitor program participants under
section 101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(2) Determinations.--On the basis of reviews of
entities under paragraph (1), the Secretary shall
determine whether the entities are in compliance with--
(A) recordkeeping and reporting requirements
to receive nonimmigrant exchange visitor
program participants under section
101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J)); and
(B) recordkeeping and reporting requirements
under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372).
(c) Effect of Material Failure To Comply.--Material failure
of an institution or other entity to comply with the
recordkeeping and reporting requirements to receive
nonimmigrant students or exchange visitor program participants
under section 101(a)(15) (F), (M), or (J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15) (F), (M), or (J)), or
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), shall result in the
suspension for at least one year or termination, at the
election of the Commissioner of Immigration and Naturalization,
of the institution's approval to receive such students, or
result in the suspension for at least one year or termination,
at the election of the Secretary of State, of the other
entity's designation to sponsor exchange visitor program
participants, as the case may be.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN BORDER CROSSING
IDENTIFICATION CARDS.
Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is
amended * * *
SEC. 602.\28\ GENERAL ACCOUNTING OFFICE STUDY.
(a) Requirement for Study.--
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\28\ 8 U.S.C. 1771.
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(1) In general.--The Comptroller General of the
United States shall conduct a study to determine the
feasibility and utility of implementing a requirement
that each nonimmigrant alien in the United States
submit to the Commissioner of Immigration and
Naturalization each year a current address and, where
applicable, the name and address of an employer.
(2) Nonimmigrant alien defined.--In paragraph (1),
the term ``nonimmigrant alien'' means an alien
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study under subsection
(a). The report shall include the Comptroller General's
findings, together with any recommendations that the
Comptroller General considers appropriate.
SEC. 603.\29\ INTERNATIONAL COOPERATION.
(a) International Electronic Data System.--The Secretary of
State and the Commissioner of Immigration and Naturalization,
in consultation with the Assistant to the President for
Homeland Security, shall jointly conduct a study of the
alternative approaches (including the costs of, and procedures
necessary for, each alternative approach) for encouraging or
requiring Canada, Mexico, and countries treated as visa waiver
program countries under section 217 of the Immigration and
Nationality Act to develop an intergovernmental network of
interoperable electronic data systems that--
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\29\ 8 U.S.C. 1772.
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(1) facilitates real-time access to that country's
law enforcement and intelligence information that is
needed by the Department of State and the Immigration
and Naturalization Service to screen visa applicants
and applicants for admission into the United States to
identify aliens who are inadmissible or deportable
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.);
(2) is interoperable with the electronic data system
implemented under section 202; and
(3) performs in accordance with implementation of the
technology standard referred to in section 202(a).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of State and the Attorney
General shall submit to the appropriate committees of Congress
a report setting forth the findings of the study conducted
under subsection (a).
SEC. 604.\30\ STATUTORY CONSTRUCTION.
Nothing in this Act shall be construed to impose
requirements that are inconsistent with the North American Free
Trade Agreement or to require additional documents for aliens
for whom documentary requirements are waived under section
212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)).
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\30\ 8 U.S.C. 1773.
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SEC. 605.\31\ ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER RELEASE
ON OWN RECOGNIZANCE.
(a) Requirement for Report.--Not later than January 15 of
each year, the Attorney General shall submit to the appropriate
committees of Congress a report on the total number of aliens
who, during the preceding year, failed to attend a removal
proceeding after having been arrested outside a port of entry,
served a notice to appear under section 239(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)(1)), and
released on the alien's own recognizance. The report shall also
take into account the number of cases in which there were
defects in notices of hearing or the service of notices of
hearing, together with a description and analysis of the
effects, if any, that the defects had on the attendance of
aliens at the proceedings.
---------------------------------------------------------------------------
\31\ 8 U.S.C. 1774.
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(b) Initial Report.--Notwithstanding the time for
submission of the annual report provided in subsection (a), the
report for 2001 shall be submitted not later than 6 months
after the date of enactment of this Act.
SEC. 606.\32\ RETENTION OF NONIMMIGRANT VISA APPLICATIONS BY THE
DEPARTMENT OF STATE.
The Department of State shall retain, for a period of seven
years from the date of application, every application for a
nonimmigrant visa under section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) in a form that will
be admissible in the courts of the United States or in
administrative proceedings, including removal proceedings under
such Act, without regard to whether the application was
approved or denied.
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\32\ 8 U.S.C. 1775.
d. Uniting and Strengthening America by Providing Appropriate Tools
Required To Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001
Partial text of Public Law 107-56 [H.R. 3162], 115 Stat. 272, approved
October 26, 2001; as amended by Public Law 107-173 [Enhanced Border
Security and Visa Entry Reform Act of 2002; H.R. 3525], 116 Stat. 543,
approved May 14, 2002; Public Law 107-296 [Homeland Security Act of
2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002; and
Public Law 108-458 [Intelligence Reform and Terrorism Prevention Act of
2004; S. 2845], 118 Stat. 3738, approved December 17, 2004
AN ACT To deter and punish terrorist acts in the United States and
around the world, to enhance law enforcement investigatory tools, 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 ``Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001''.
---------------------------------------------------------------------------
\1\ 18 U.S.C. 1 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
SEC. 2.\1\ CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall not
affect the remainder thereof or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM
SEC. 101.\2\ COUNTERTERRORISM FUND.
(a) Establishment; Availability.--There is hereby
established in the Treasury of the United States a separate
fund to be known as the ``Counterterrorism Fund'', amounts in
which shall remain available without fiscal year limitation--
---------------------------------------------------------------------------
\2\ 28 U.S.C. 524 note.
---------------------------------------------------------------------------
(1) to reimburse any Department of Justice component
for any costs incurred in connection with--
(A) reestablishing the operational capability
of an office or facility that has been damaged
or destroyed as the result of any domestic or
international terrorism incident;
(B) providing support to counter,
investigate, or prosecute domestic or
international terrorism, including, without
limitation, paying rewards in connection with
these activities; and
(C) conducting terrorism threat assessments
of Federal agencies and their facilities; and
(2) to reimburse any department or agency of the
Federal Government for any costs incurred in connection
with detaining in foreign countries individuals accused
of acts of terrorism that violate the laws of the
United States.
(b) No Effect on Prior Appropriations.--Subsection (a)
shall not be construed to affect the amount or availability of
any appropriation to the Counterterrorism Fund made before the
date of the enactment of this Act.
* * * * * * *
SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE
FEDERAL BUREAU OF INVESTIGATION.
There are authorized to be appropriated for the Technical
Support Center established in section 811 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132) to
help meet the demands for activities to combat terrorism and
support and enhance the technical support and tactical
operations of the FBI, $200,000,000 for each of the fiscal
years 2002, 2003, and 2004.
* * * * * * *
SEC. 105.\3\ EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE
INITIATIVE.
The Director of the United States Secret Service shall take
appropriate actions to develop a national network of electronic
crime task forces, based on the New York Electronic Crimes Task
Force model, throughout the United States, for the purpose of
preventing, detecting, and investigating various forms of
electronic crimes, including potential terrorist attacks
against critical infrastructure and financial payment systems.
---------------------------------------------------------------------------
\3\ 18 U.S.C. 3056 note.
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SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50
U.S.C. 1702) is amended--* * * \4\
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\4\ For amended text, see Legislation on Foreign Relations Through
2005, vol. III.
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TITLE II--ENHANCED SURVEILLANCE PROCEDURES
* * * * * * *
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION.
(a) * * *
(b) * * *
(c) \5\ Procedures.--The Attorney General shall establish
procedures for the disclosure of information pursuant to
paragraphs (6) and (8) of section 2517 of title 18, United
States Code,\6\ and Rule 6(e)(3)(D) \7\ of the Federal Rules of
Criminal Procedure that identifies a United States person, as
defined in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801)).
---------------------------------------------------------------------------
\5\ 18 U.S.C. 2517 note.
\6\ Sec. 897(b)(1) of the Homeland Security Information Sharing Act
(title VIII of Public Law 107-296; 116 Stat. 2258) struck out ``section
2517(6)'' and inserted in lieu thereof ``paragraphs (6) and (8) of
section 2517 of title 18, United States Code,''.
\7\ Sec. 6501(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3760) struck out
``Rule 6(e)(3)(C)(i)(V) and (VI)'' and inserted in lieu thereof ``Rule
6(e)(3)(D)''. Previously, sec. 897(b)(2) of the Homeland Security
Information Sharing Act (title VIII of Public Law 107-296; 116 Stat.
2258) inserted ``and (VI)'' after ``Rule 6(e)(3)(C)(i)(V)''.
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(d) \8\ Foreign Intelligence Information.--
---------------------------------------------------------------------------
\8\ 50 U.S.C. 403-5d.
---------------------------------------------------------------------------
(1) In general.--Notwithstanding any other provision
of law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)) or
foreign intelligence information obtained as part of a
criminal investigation to be disclosed to any Federal
law enforcement, intelligence, protective, immigration,
national defense, or national security official in
order to assist the official receiving that information
in the performance of his official duties. Any Federal
official who receives information pursuant to this
provision may use that information only as necessary in
the conduct of that person's official duties subject to
any limitations on the unauthorized disclosure of such
information. Consistent with the responsibility of the
Director of Central Intelligence to protect
intelligence sources and methods, and the
responsibility of the Attorney General to protect
sensitive law enforcement information, it shall be
lawful for information revealing a threat of actual or
potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power, domestic
or international sabotage, domestic or international
terrorism, or clandestine intelligence gathering
activities by an intelligence service or network of a
foreign power or by an agent of a foreign power, within
the United States or elsewhere, obtained as part of a
criminal investigation to be disclosed to any
appropriate Federal, State, local, or foreign
government official for the purpose of preventing or
responding to such a threat. Any official who receives
information pursuant to this provision may use that
information only as necessary in the conduct of that
person's official duties subject to any limitations on
the unauthorized disclosure of such information, and
any State, local, or foreign official who receives
information pursuant to this provision may use that
information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence
shall jointly issue.\9\
---------------------------------------------------------------------------
\9\ Sec. 897(a) of the Homeland Security Information Sharing Act
(title VIII of Public Law 107-296; 116 Stat. 2257) added text beginning
at ``Consistent with the responsibility of the Director of Central
Intelligence''.
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(2) Definition.--In this subsection, the term
``foreign intelligence information'' means--
(A) information, whether or not concerning a
United States person, that relates to the
ability of the United States to protect
against--
(i) actual or potential attack or
other grave hostile acts of a foreign
power or an agent of a foreign power;
(ii) sabotage or international
terrorism by a foreign power or an
agent of a foreign power; or
(iii) clandestine intelligence
activities by an intelligence service
or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a
United States person, with respect to a foreign
power or foreign territory that relates to--
(i) the national defense or the
security of the United States; or
(ii) the conduct of the foreign
affairs of the United States.
* * * * * * *
SEC. 221. TRADE SANCTIONS.
(a) In general.--The Trade Sanctions Reform and Export
Enhancement Act of 2000 (Public Law 106-387; 114 Stat. 1549A-
67) is amended--* * * \10\
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\10\ For amended text, see Legislation on Foreign Relations Through
2005, vol. III.
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(b) \11\ Application of the Trade Sanctions Reform and
Export Enhancement Act.--Nothing in the Trade Sanctions Reform
and Export Enhancement Act of 2000 shall limit the application
or scope of any law establishing criminal or civil penalties,
including any Executive order or regulation promulgated
pursuant to such laws (or similar or successor laws), for the
unlawful export of any agricultural commodity, medicine, or
medical device to--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 7210.
---------------------------------------------------------------------------
(1) a foreign organization, group, or person
designated pursuant to Executive Order No. 12947 of
January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132);
(3) a foreign organization, group, or person
designated pursuant to Executive Order No. 13224
(September 23, 2001);
(4) any narcotics trafficking entity designated
pursuant to Executive Order No. 12978 (October 21,
1995) or the Foreign Narcotics Kingpin Designation Act
(Public Law 106-120); or
(5) any foreign organization, group, or persons
subject to any restriction for its involvement in
weapons of mass destruction or missile proliferation.
* * * * * * *
SEC. 224.\12\ SUNSET.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title (other than
sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219,
221, and 222, and the amendments made by those sections) shall
cease to have effect on December 31, 2005.
---------------------------------------------------------------------------
\12\ 18 U.S.C. 2510 note.
---------------------------------------------------------------------------
(b) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in subsection (a) cease to have
effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which such
provisions cease to have effect, such provisions shall continue
in effect.
* * * * * * *
TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001 \13\
SEC. 301.\14\ SHORT TITLE.
This title may be cited as the ``International Money
Laundering Abatement and Financial Anti-Terrorism Act of
2001''.
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\13\ Sec. 6202(a) of the International Money Laundering Abatement
and Financial Antiterrorism Technical Corrections Act of 2004 (subtitle
C of title VI of Public Law 108-458; 118 Stat. 3745) amended and
restated the title heading, which previously read ``international money
laundering abatement and anti-terrorist financing act of 2001''.
\14\ 31 U.S.C. 5301 note.
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SEC. 302.\15\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\15\ 31 U.S.C. 5311 note.
---------------------------------------------------------------------------
(1) money laundering, estimated by the International
Monetary Fund to amount to between 2 and 5 percent of
global gross domestic product, which is at least
$600,000,000,000 annually, provides the financial fuel
that permits transnational criminal enterprises to
conduct and expand their operations to the detriment of
the safety and security of American citizens;
(2) money laundering, and the defects in financial
transparency on which money launderers rely, are
critical to the financing of global terrorism and the
provision of funds for terrorist attacks;
(3) money launderers subvert legitimate financial
mechanisms and banking relationships by using them as
protective covering for the movement of criminal
proceeds and the financing of crime and terrorism, and,
by so doing, can threaten the safety of United States
citizens and undermine the integrity of United States
financial institutions and of the global financial and
trading systems upon which prosperity and growth
depend;
(4) certain jurisdictions outside of the United
States that offer ``offshore'' banking and related
facilities designed to provide anonymity, coupled with
weak financial supervisory and enforcement regimes,
provide essential tools to disguise ownership and
movement of criminal funds \16\ derived from, or used
to commit, offenses ranging from narcotics trafficking,
terrorism, arms smuggling, and trafficking in human
beings, to financial frauds that prey on law-abiding
citizens;
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\16\ Sec. 6202(c)(1) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3745) struck
out a comma after ``movement of criminal funds''.
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(5) transactions involving such offshore
jurisdictions make it difficult for law enforcement
officials and regulators to follow the trail of money
earned by criminals, organized international criminal
enterprises, and global terrorist organizations;
(6) correspondent banking facilities are one of the
banking mechanisms susceptible in some circumstances to
manipulation by foreign banks to permit the laundering
of funds by hiding the identity of real parties in
interest to financial transactions;
(7) private banking services can be susceptible to
manipulation by money launderers, for example corrupt
foreign government officials, particularly if those
services include the creation of offshore accounts and
facilities for large personal funds transfers to
channel funds into accounts around the globe;
(8) United States anti-money laundering efforts are
impeded by outmoded and inadequate statutory provisions
that make investigations, prosecutions, and forfeitures
more difficult, particularly in cases in which money
laundering involves foreign persons, foreign banks, or
foreign countries;
(9) the ability to mount effective counter-measures
to international money launderers requires national, as
well as bilateral and multilateral action, using tools
specially designed for that effort; and
(10) the Basle Committee on Banking Regulation and
Supervisory Practices and the Financial Action Task
Force on Money Laundering, of both of which the United
States is a member, have each adopted international
anti-money laundering principles and recommendations.
(b) Purposes.--The purposes of this title are--
(1) to increase the strength of United States
measures to prevent, detect, and prosecute
international money laundering and the financing of
terrorism;
(2) to ensure that--
(A) banking transactions and financial
relationships and the conduct of such
transactions and relationships, do not
contravene the purposes of subchapter II of
chapter 53 of title 31, United States Code,
section 21 of the Federal Deposit Insurance
Act, or chapter 2 of title I of Public Law 91-
508 (84 Stat. 1116), or facilitate the evasion
of any such provision; and
(B) the purposes of such provisions of law
continue to be fulfilled, and such provisions
of law are effectively and efficiently
administered;
(3) to strengthen the provisions put into place by
the Money Laundering Control Act of 1986 (18 U.S.C. 981
note), especially with respect to crimes by non-United
States nationals and foreign financial institutions;
(4) to provide a clear national mandate for
subjecting to special scrutiny those foreign
jurisdictions, financial institutions operating outside
of the United States, and classes of international
transactions or types of accounts that pose particular,
identifiable opportunities for criminal abuse;
(5) to provide the Secretary of the Treasury (in this
title referred to as the ``Secretary'') with broad
discretion, subject to the safeguards provided by the
Administrative Procedure Act under title 5, United
States Code, to take measures tailored to the
particular money laundering problems presented by
specific foreign jurisdictions, financial institutions
operating outside of the United States, and classes of
international transactions or types of accounts;
(6) to ensure that the employment of such measures by
the Secretary permits appropriate opportunity for
comment by affected financial institutions;
(7) to provide guidance to domestic financial
institutions on particular foreign jurisdictions,
financial institutions operating outside of the United
States, and classes of international transactions or
types of accounts \17\ that are of primary money
laundering concern to the United States Government;
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\17\ Sec. 6202(c)(2) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3745) inserted
``or types of accounts'' after ``classes of international
transactions''.
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(8) to ensure that the forfeiture of any assets in
connection with the anti-terrorist efforts of the
United States permits for adequate challenge consistent
with providing due process rights;
(9) to clarify the terms of the safe harbor from
civil liability for filing suspicious activity reports;
(10) to strengthen the authority of the Secretary to
issue and administer geographic targeting orders, and
to clarify that violations of such orders or any other
requirement imposed under the authority contained in
chapter 2 of title I of Public Law 91-508 and
subchapter II \18\ of chapter 53 of title 31, United
States Code, may result in criminal and civil
penalties;
---------------------------------------------------------------------------
\18\ Sec. 6202(c)(3) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3745) struck
out ``subchapters II and III'' and inserted in lieu thereof
``subchapter II''.
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(11) to ensure that all appropriate elements of the
financial services industry are subject to appropriate
requirements to report potential money laundering
transactions to proper authorities, and that
jurisdictional disputes do not hinder examination of
compliance by financial institutions with relevant
reporting requirements;
(12) to strengthen the ability of financial
institutions to maintain the integrity of their
employee population; and
(13) to strengthen measures to prevent the use of the
United States financial system for personal gain by
corrupt foreign officials and to facilitate the
repatriation of any stolen assets to the citizens of
countries to whom such assets belong.
SEC. 303.\19\ * * * [REPEALED--2004]
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\19\ Formerly at 31 U.S.C. 5311 note. Repealed by sec. 6202 of the
International Money Laundering Abatement and Financial Antiterrorism
Technical Corrections Act of 2004 (subtitle C of title VI of Public Law
108-458; 118 Stat. 3747). Sec. 303, as amended by the same Act that
repealed it, had read as follows:
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``sec. 303. 4-year congressional review; expedited consideration.
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``(a) In General.--Effective on and after the first day of fiscal
year 2005, the provisions of this title and the amendments made by this
title shall terminate if the Congress enacts a joint resolution, the
text after the resolving clause of which is as follows: `That
provisions of the International Money Laundering Abatement and
Financial Antiterrorism Act and the amendments made thereby, shall no
longer have the force of law.'.
``(b) Expedited Consideration.--Any joint resolution submitted
pursuant to this section should be considered by the Congress
expeditiously. In particular, it shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Control Act of 1976.''.
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Subtitle A--International Counter Money Laundering and Related Measures
* * * * * * *
SEC. 314.\20\ COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.
(a) Cooperation Among Financial Institutions, Regulatory
Authorities, and Law Enforcement Authorities.--
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\20\ 31 U.S.C. 5311 note.
---------------------------------------------------------------------------
(1) Regulations.--The Secretary shall, within 120
days after the date of enactment of this Act, adopt
regulations to encourage further cooperation among
financial institutions, their regulatory authorities,
and law enforcement authorities, with the specific
purpose of encouraging regulatory authorities and law
enforcement authorities to share with financial
institutions information regarding individuals,
entities, and organizations engaged in,\21\ or
reasonably suspected based on credible evidence of
engaging in,\21\ terrorist acts or money laundering
activities.
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\21\ Sec. 6202(f)(1) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3745) inserted
a comma after ``organizations engaged in'', and a comma after
``credible evidence of engaging in''.
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(2) Cooperation and information sharing procedures.--
The regulations adopted under paragraph (1) may include
or create procedures for cooperation and information
sharing focusing on--
(A) matters specifically related to the
finances of terrorist groups, the means by
which terrorist groups transfer funds around
the world and within the United States,
including through the use of charitable
organizations, nonprofit organizations, and
nongovernmental organizations,\22\ the extent
to which financial institutions in the United
States are unwittingly involved in such
finances,\23\ and the extent to which such
institutions are at risk as a result;
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\22\ Sec. 6202(f)(2)(A) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3746) struck
out ``and'' after ``nongovernmental organizations,''.
\23\ Sec. 6202(f)(2)(B) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3746) inserted
a comma after ``unwittingly involved in such finances''.
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(B) the relationship, particularly the
financial relationship, between international
narcotics traffickers and foreign terrorist
organizations, the extent to which their
memberships overlap and engage in joint
activities, and the extent to which they
cooperate with each other in raising and
transferring funds for their respective
purposes; and
(C) means of facilitating the identification
of accounts and transactions involving
terrorist groups and facilitating the exchange
of information concerning such accounts and
transactions between financial institutions and
law enforcement organizations.
(3) Contents.--The regulations adopted pursuant to
paragraph (1) may--
(A) require that each financial institution
designate 1 or more persons to receive
information concerning, and monitor accounts
of,\24\ individuals, entities, and
organizations identified \25\ pursuant to
paragraph (1); and
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\24\ Sec. 6202(f)(3)(A) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3746) struck
out ``to monitor accounts of'' and inserted in lieu thereof ``monitor
accounts of,''.
\25\ Sec. 6202(f)(3)(B) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3746) struck
out a comma after ``organizations identified''.
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(B) further establish procedures for the
protection of the shared information,
consistent with the capacity, size, and nature
of the financial \26\ institution to which the
particular procedures apply.
---------------------------------------------------------------------------
\26\ Sec. 6202(f)(4) of the International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of 2004
(subtitle C of title VI of Public Law 108-458; 118 Stat. 3746) inserted
``financial'' after ``size, and nature of the''.
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(4) Rule of construction.--The receipt of information
by a financial institution pursuant to this section
shall not relieve or otherwise modify the obligations
of the financial institution with respect to any other
person or account.
(5) Use of information.--Information received by a
financial institution pursuant to this section shall
not be used for any purpose other than identifying and
reporting on activities that may involve terrorist acts
or money laundering activities.
(b) Cooperation Among Financial Institutions.--Upon notice
provided to the Secretary, 2 or more financial institutions and
any association of financial institutions may share information
with one another regarding individuals, entities,
organizations, and countries suspected of possible terrorist or
money laundering activities. A financial institution or
association that transmits, receives, or shares such
information for the purposes of identifying and reporting
activities that may involve terrorist acts or money laundering
activities shall not be liable to any person under any law or
regulation of the United States, any constitution, law, or
regulation of any State or political subdivision thereof, or
under any contract or other legally enforceable agreement
(including any arbitration agreement), for such disclosure or
for any failure to provide notice of such disclosure to the
person who is the subject of such disclosure, or any other
person identified in the disclosure, except where such
transmission, receipt, or sharing violates this section or
regulations promulgated pursuant to this section.
(c) Rule of Construction.--Compliance with the provisions
of this title requiring or allowing financial institutions and
any association of financial institutions to disclose or share
information regarding individuals, entities, and organizations
engaged in or suspected of engaging in terrorist acts or money
laundering activities shall not constitute a violation of the
provisions of title V of the Gramm-Leach-Bliley Act (Public Law
106-102).
(d) Reports to the Financial Services Industry on
Suspicious Financial Activities.--At least semiannually, the
Secretary shall--
(1) publish a report containing a detailed analysis
identifying patterns of suspicious activity and other
investigative insights derived from suspicious activity
reports and investigations conducted by Federal, State,
and local law enforcement agencies to the extent
appropriate; and
(2) distribute such report to financial institutions
(as defined in section 5312 of title 31, United States
Code).
* * * * * * *
SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.
(a) \27\ Right to Contest.--An owner of property that is
confiscated under any provision of law relating to the
confiscation of assets of suspected international terrorists,
may contest that confiscation by filing a claim in the manner
set forth in the Federal Rules of Civil Procedure (Supplemental
Rules for Certain Admiralty and Maritime Claims), and asserting
as an affirmative defense that--
---------------------------------------------------------------------------
\27\ 18 U.S.C. 983 note.
---------------------------------------------------------------------------
(1) the property is not subject to confiscation under
such provision of law; or
(2) the innocent owner provisions of section 983(d)
of title 18, United States Code, apply to the case.
(b) \27\ Evidence.--In considering a claim filed under this
section, a court may admit evidence that is otherwise
inadmissible under the Federal Rules of Evidence, if the court
determines that the evidence is reliable, and that compliance
with the Federal Rules of Evidence may jeopardize the national
security interests of the United States.
(c) \27\ Clarifications.--
(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the
term ``civil forfeiture statute'' in section 983(i) of
title 18, United States Code, shall not be construed to
deny an owner of property the right to contest the
confiscation of assets of suspected international
terrorists under--
(A) subsection (a) of this section;
(B) the Constitution; or
(C) subchapter II of chapter 5 of title 5,
United States Code (commonly known as the
``Administrative Procedure Act'').
(2) Savings clause.--Nothing in this section shall
limit or otherwise affect any other remedies that may
be available to an owner of property under section 983
of title 18, United States Code, or any other provision
of law.
(d) Technical Correction.--Section 983(i)(2)(D) of title
18, United States Code, is amended by inserting ``or the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C.
1701 et seq.)'' before the semicolon.
* * * * * * *
SEC. 328.\28\ INTERNATIONAL COOPERATION ON IDENTIFICATION OF
ORIGINATORS OF WIRE TRANSFERS.
The Secretary shall--
---------------------------------------------------------------------------
\28\ 31 U.S.C. 5311 note.
---------------------------------------------------------------------------
(1) in consultation with the Attorney General and the
Secretary of State, take all reasonable steps to
encourage foreign governments to require the inclusion
of the name of the originator in wire transfer
instructions sent to the United States and other
countries, with the information to remain with the
transfer from its origination until the point of
disbursement; and
(2) report annually to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on--
(A) progress toward the goal enumerated in
paragraph (1), as well as impediments to
implementation and an estimated compliance
rate; and
(B) impediments to instituting a regime in
which all appropriate identification, as
defined by the Secretary, about wire transfer
recipients shall be included with wire
transfers from their point of origination until
disbursement.
* * * * * * *
SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY
LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF
TERRORIST GROUPS.
(a) Negotiations.--It is the sense of the Congress that the
President should direct the Secretary of State, the Attorney
General, or the Secretary of the Treasury, as appropriate, and
in consultation with the Board of Governors of the Federal
Reserve System, to seek to enter into negotiations with the
appropriate financial supervisory agencies and other officials
of any foreign country the financial institutions of which do
business with United States financial institutions or which may
be utilized by any foreign terrorist organization (as
designated under section 219 of the Immigration and Nationality
Act), any person who is a member or representative of any such
organization, or any person engaged in money laundering or
financial or other crimes.
(b) Purposes of Negotiations.--It is the sense of the
Congress that, in carrying out any negotiations described in
paragraph (1), the President should direct the Secretary of
State, the Attorney General, or the Secretary of the Treasury,
as appropriate, to seek to enter into and further cooperative
efforts, voluntary information exchanges, the use of letters
rogatory, mutual legal assistance treaties, and international
agreements to--
(1) ensure that foreign banks and other financial
institutions maintain adequate records of transaction
and account information relating to any foreign
terrorist organization (as designated under section 219
of the Immigration and Nationality Act), any person who
is a member or representative of any such organization,
or any person engaged in money laundering or financial
or other crimes; and
(2) establish a mechanism whereby such records may be
made available to United States law enforcement
officials and domestic financial institution
supervisors, when appropriate.
Subtitle B--Bank Secrecy Act Amendments and Related Improvements
* * * * * * *
SEC. 360.\29\ USE OF AUTHORITY OF UNITED STATES EXECUTIVE DIRECTORS.
(a) Action by the President.--If the President determines
that a particular foreign country has taken or has committed to
take actions that contribute to efforts of the United States to
respond to, deter, or prevent acts of international terrorism,
the Secretary may, consistent with other applicable provisions
of law, instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the Executive Director to support any loan or other
utilization of the funds of the \30\ respective institutions
for such country, or any public or private entity within such
country.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 262p-4r.
\30\ Sec. 6202(l)(1) of Public Law 108-458 (118 Stat. 3746)
inserted ``the'' after ``utilization of the funds of''.
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(b) Use of Voice and Vote.--The Secretary may instruct the
United States Executive Director of each international
financial institution to aggressively use the voice and vote of
the Executive Director to require an auditing of disbursements
at such institution \31\ to ensure that no funds are paid to
persons who commit, threaten to commit, or support terrorism.
---------------------------------------------------------------------------
\31\ Sec. 6202(l)(2) of Public Law 108-458 (118 Stat. 3746) struck
out ``at such institutions'' and inserted in lieu thereof ``at such
institution''.
---------------------------------------------------------------------------
(c) Definition.--For purposes of this section, the term
``international financial institution'' means an institution
described in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
* * * * * * *
Subtitle C--Currency Crimes and Protection
* * * * * * *
TITLE IV--PROTECTING THE BORDER
Subtitle A--Protecting the Northern Border
* * * * * * *
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN
IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY
RECORDS OF VISA APPLICANTS AND APPLICANTS FOR
ADMISSION TO THE UNITED STATES.
(a) Amendment of the Immigration and Nationality Act.--
Section 105 of the Immigration and Nationality Act (8 U.S.C.
1105) is amended--* * *
(b) Reporting Requirement.--* * *
(c) \32\ Technology Standard to Confirm Identity.--
---------------------------------------------------------------------------
\32\ 8 U.S.C. 1379.
---------------------------------------------------------------------------
(1) In General.--The Attorney General and the
Secretary of State jointly, through the National
Institute of Standards and Technology (NIST), and in
consultation with the Secretary of the Treasury and
other Federal law enforcement and intelligence agencies
the Attorney General or Secretary of State deems
appropriate and in consultation with Congress, shall
within 15 months \33\ after the date of the enactment
of this section, develop and certify a technology
standard, including appropriate biometric identifier
standards,\34\ that can be used to verify the identity
of persons applying for a United States visa or such
persons seeking to enter the United States pursuant to
a visa for the purposes of conducting background
checks, confirming identity, and ensuring that a person
has not received a visa under a different name or such
person seeking to enter the United States pursuant to a
visa.
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\33\ Sec. 201(c)(5)(A) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 548) struck out
``2 years'' and inserted in lieu thereof ``15 months''.
\34\ Sec. 202(a)(4)(B)(i) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 549) inserted
``, including appropriate biometric identifier standards,'' after
``technology standard''.
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(2) \35\ Interoperable.--The technology standard
developed pursuant to paragraph (1), shall be the
technological basis for a cross-agency, cross-platform
electronic system that is a cost-effective, efficient,
fully interoperable \36\ means to share law enforcement
and intelligence information necessary to confirm the
identity of such persons applying for a United States
visa or such person seeking to enter the United States
pursuant to a visa.
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\35\ Sec. 202(a)(4)(B)(ii)(I) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 549)
struck out ``Integrated'' and inserted in lieu thereof
``Interoperable''.
\36\ Sec. 202(a)(4)(B)(ii)(II) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 549)
struck out ``integrated'' and inserted in lieu thereof
``interoperable''.
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(3) Accessible.--The electronic system described in
paragraph (2), once implemented, shall be readily and
easily accessible to--
(A) all consular officers responsible for the
issuance of visas;
(B) all Federal inspection agents at all
United States border inspection points; and
(C) all law enforcement and intelligence
officers as determined by regulation to be
responsible for investigation or identification
of aliens admitted to the United States
pursuant to a visa.
(4) Report.--Not later than one year \37\ after the
date of the enactment of this Act, and every 2 years
thereafter, the Attorney General and the Secretary of
State shall jointly, in consultation with the Secretary
of Treasury, report to Congress describing the
development, implementation, efficacy, and privacy
implications of the technology standard and electronic
database system described in this subsection.
---------------------------------------------------------------------------
\37\ Sec. 201(c)(5)(B) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173; 116 Stat. 548) struck out
``18 months'' and inserted in lieu thereof ``one year''.
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(5) Funding.--There is authorized to be appropriated
to the Secretary of State, the Attorney General, and
the Director of the National Institute of Standards and
Technology such sums as may be necessary to carry out
the provisions of this subsection.
(d) \38\ Statutory Construction.--Nothing in this section,
or in any other law, shall be construed to limit the authority
of the Attorney General or the Director of the Federal Bureau
of Investigation to provide access to the criminal history
record information contained in the National Crime Information
Center's (NCIC) Interstate Identification Index (NCIC-III), or
to any other information maintained by the NCIC, to any Federal
agency or officer authorized to enforce or administer the
immigration laws of the United States, for the purpose of such
enforcement or administration, upon terms that are consistent
with the National Crime Prevention and Privacy Compact Act of
1998 (subtitle A of title II of Public Law 105-251; 42 U.S.C.
14611-16) and section 552a of title 5, United States Code.
---------------------------------------------------------------------------
\38\ 8 U.S.C. 1105 note.
---------------------------------------------------------------------------
* * * * * * *
SEC. 405.\39\ REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND
OVERSEAS CONSULAR POSTS.
(a) In General.--The Attorney General, in consultation with
the appropriate heads of other Federal agencies, including the
Secretary of State, Secretary of the Treasury, and the
Secretary of Transportation, shall report to Congress on the
feasibility of enhancing the Integrated Automated Fingerprint
Identification System (IAFIS) of the Federal Bureau of
Investigation and other identification systems in order to
better identify a person who holds a foreign passport or a visa
and may be wanted in connection with a criminal investigation
in the United States or abroad, before the issuance of a visa
to that person or the entry or exit from the United States by
that person.
---------------------------------------------------------------------------
\39\ 8 U.S.C. 1379 note.
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(b) Authorization of Appropriations.--There is authorized
to be appropriated not less than $2,000,000 to carry out this
section.
Subtitle B--Enhanced Immigration Provisions
* * * * * * *
SEC. 414.\40\ VISA INTEGRITY AND SECURITY.
(a) Sense of Congress Regarding the Need To Expedite
Implementation of Integrated Entry and Exit Data System.--
---------------------------------------------------------------------------
\40\ 8 U.S.C. 1365a note.
---------------------------------------------------------------------------
(1) Sense of congress.--In light of the terrorist
attacks perpetrated against the United States on
September 11, 2001, it is the sense of the Congress
that--
(A) the Attorney General, in consultation
with the Secretary of State, should fully
implement the integrated entry and exit data
system for airports, seaports, and land border
ports of entry, as specified in section 110 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a),
with all deliberate speed and as expeditiously
as practicable; and
(B) the Attorney General, in consultation
with the Secretary of State, the Secretary of
Commerce, the Secretary of the Treasury, and
the Office of Homeland Security, should
immediately begin establishing the Integrated
Entry and Exit Data System Task Force, as
described in section 3 of the Immigration and
Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215).
(2) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary to fully implement the system described in
paragraph (1)(A).
(b) Development of the System.--In the development of the
integrated entry and exit data system under section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1365a), the Attorney General and the Secretary
of State shall particularly focus on--
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant documents
readable at ports of entry.
(c) Interface With Law Enforcement Databases.--The entry
and exit data system described in this section shall be able to
interface with law enforcement databases for use by Federal law
enforcement to identify and detain individuals who pose a
threat to the national security of the United States.
(d) \41\ * * * [Repealed--2002]
---------------------------------------------------------------------------
\41\ Sec. 201(b)(2) of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Public Law 107-173; 116 Stat. 547) repealed subsec.
(d). It had read as follows:
``(d) Report on Screening Information.--Not later than 12 months
after the date of enactment of this Act, the Office of Homeland
Security shall submit a report to Congress on the information that is
needed from any United States agency to effectively screen visa
applicants and applicants for admission to the United States to
identify those affiliated with terrorist organizations or those that
pose any threat to the safety or security of the United States,
including the type of information currently received by United States
agencies and the regularity with which such information is transmitted
to the Secretary of State and the Attorney General.''.
---------------------------------------------------------------------------
* * * * * * *
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) \42\ Full Implementation and Expansion of Foreign
Student Visa Monitoring Program Required.--The Attorney
General, in consultation with the Secretary of State, shall
fully implement and expand the program established by section
641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)).
---------------------------------------------------------------------------
\42\ 8 U.S.C. 1372 note.
---------------------------------------------------------------------------
(b) \42\ Integration With Port of Entry Information.--For
each alien with respect to whom information is collected under
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney
General, in consultation with the Secretary of State, shall
include information on the date of entry and port of entry.
(c) Expansion of System To Include Other Approved
Educational Institutions.--Section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C.1372) is amended--* * *
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Justice $36,800,000 for
the period beginning on the date of enactment of this Act and
ending on January 1, 2003, to fully implement and expand prior
to January 1, 2003, the program established by section 641(a)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) \43\ Audits.--The Secretary of State shall, each fiscal
year until September 30, 2007--
---------------------------------------------------------------------------
\43\ 8 U.S.C. 1187 note.
---------------------------------------------------------------------------
(1) perform annual audits of the implementation of
section 217(c)(2)(B) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of precautionary
measures to prevent the counterfeiting and theft of
passports; and
(3) ascertain that countries designated under the
visa waiver program have established a program to
develop tamper-resistant passports.
(b) \43\ Periodic Reports.--Beginning one year after the
date of enactment of this Act, and every year thereafter until
2007, the Secretary of State shall submit a report to Congress
setting forth the findings of the most recent audit conducted
under subsection (a)(1).
(c) Advancing Deadline for Satisfaction of Requirement.--
Section 217(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(3)) is amended * * *
(d) Waiver.--Section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is amended--* * *
SEC. 418.\44\ PREVENTION OF CONSULATE SHOPPING.
(a) Review.--The Secretary of State shall review how
consular officers issue visas to determine if consular shopping
is a problem.
---------------------------------------------------------------------------
\44\ 8 U.S.C. 1201 note.
---------------------------------------------------------------------------
(b) Actions to be Taken.--If the Secretary of State
determines under subsection (a) that consular shopping is a
problem, the Secretary shall take steps to address the problem
and shall submit a report to Congress describing what action
was taken.
Subtitle C--Preservation of Immigration Benefits for Victims of
Terrorism
* * * * * * *
TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM
* * * * * * *
SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.
Section 36 of the State Department Basic Authorities Act of
1956 (Public Law 885, August 1, 1956; 22 U.S.C. 2708) is
amended--* * * \45\
---------------------------------------------------------------------------
\45\ For amended text, see page 38.
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* * * * * * *
TITLE X--MISCELLANEOUS
* * * * * * *
SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING
SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS
CONSULAR POSTS AND POINTS OF ENTRY TO THE UNITED
STATES.
(a) In General.--The Attorney General, in consultation with
the Secretary of State and the Secretary of Transportation,
shall conduct a study on the feasibility of utilizing a
biometric identifier (fingerprint) scanning system, with access
to the database of the Federal Bureau of Investigation
Integrated Automated Fingerprint Identification System, at
consular offices abroad and at points of entry into the United
States to enhance the ability of State Department and
immigration officials to identify aliens who may be wanted in
connection with criminal or terrorist investigations in the
United States or abroad prior to the issuance of visas or entry
into the United States.
(b) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
submit a report summarizing the findings of the study
authorized under subsection (a) to the Committee on
International Relations 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.
* * * * * * *
e. Condemnation of Terrorist Attacks
Public Law 107-39 [S.J. Res. 22], 115 Stat. 222, approved September 18,
2001
JOINT RESOLUTION Expressing the sense of the Senate and House of
Representatives regarding the terrorist attacks launched against the
United States on September 11, 2001.
Whereas on September 11, 2001, terrorists hijacked and
destroyed four civilian aircraft, crashing two of them into
the towers of the World Trade Center in New York City, and
a third into the Pentagon outside Washington, D.C.;
Whereas thousands of innocent Americans were killed and injured
as a result of these attacks, including the passengers and
crew of the four aircraft, workers in the World Trade
Center and in the Pentagon, rescue workers, and bystanders;
Whereas these attacks destroyed both towers of the World Trade
Center, as well as adjacent buildings, and seriously
damaged the Pentagon; and
Whereas these attacks were by far the deadliest terrorist
attacks ever launched against the United States, and, by
targeting symbols of American strength and success, clearly
were intended to intimidate our Nation and weaken its
resolve: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress--
(1) condemns in the strongest possible terms the
terrorists who planned and carried out the September
11, 2001, attacks against the United States, as well as
their sponsors;
(2) extends its deepest condolences to the victims of
these heinous and cowardly attacks, as well as to their
families, friends, and loved ones;
(3) is certain that the people of the United States
will stand united as our Nation begins the process of
recovering and rebuilding in the aftermath of these
tragic acts;
(4) commends the heroic actions of the rescue
workers, volunteers, and State and local officials who
responded to these tragic events with courage,
determination, and skill;
(5) declares that these premeditated attacks struck
not only at the people of America, but also at the
symbols and structures of our economic and military
strength, and that the United States is entitled to
respond under international law;
(6) thanks those foreign leaders and individuals who
have expressed solidarity with the United States in the
aftermath of the attacks, and asks them to continue to
stand with the United States in the war against
international terrorism;
(7) commits to support increased resources in the war
to eradicate terrorism;
(8) supports the determination of the President, in
close consultation with Congress, to bring to justice
and punish the perpetrators of these attacks as well as
their sponsors; and
(9) declares that September 12, 2001, shall be a
National Day of Unity and Mourning, and that when
Congress adjourns today, it stands adjourned out of
respect to the victims of the terrorist attacks.
f. 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; 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; Public Law 107-228 [Foreign Relations Authorization Act, Fiscal
Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30, 2002; and
Public Law 109-140 [H.R. 4436], 119 Stat. 2650, approved December 22,
2005
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\
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\1\ 22 U.S.C. 4801 note.
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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.............................................. 1101
Sec. 2. Table of contents........................................ 1101
TITLE I--DIPLOMATIC SECURITY
Sec. 101. Short title............................................. 1103
Sec. 102. Findings and purposes................................... 1104
Sec. 103. Responsibility of the Secretary of State................ 1104
Sec. 106. Cooperation of other Federal agencies................... 1107
Sec. 107. Protection of foreign consulates........................ 1108
TITLE II--PERSONNEL
Sec. 201. Diplomatic Security Service............................. 1108
Sec. 202. Director of Diplomatic Security Service................. 1108
Sec. 203. Special Agents.......................................... 1108
Sec. 206. Contracting Authority................................... 1109
TITLE III--PERFORMANCE AND ACCOUNTABILITY
Sec. 301. Accountability review boards............................ 1109
Sec. 302. Accountability Review Board............................. 1112
Sec. 303. Procedures.............................................. 1112
Sec. 304. Findings and recommendations by a Board................. 1114
Sec. 305. Relation to other proceedings........................... 1115
TITLE IV--DIPLOMATIC SECURITY PROGRAM
Sec. 401. Authorization........................................... 1115
Sec. 402. Diplomatic construction program......................... 1117
Sec. 403. Security requirements for contractors................... 1119
Sec. 404. Qualifications of persons hired for the diplomatic
construction program.......................................... 1119
Sec. 405. Cost overruns........................................... 1119
Sec. 406. Efficiency in contracting............................... 1119
Sec. 407. Advisory Panel on Overseas Security..................... 1120
Sec. 408. Training to improve perimeter security at United States
diplomatic missions aboard.................................... 1120
Sec. 409. Protection of public entrances of United States
diplomatic missions abroad.................................... 1120
Sec. 410. Certain protective functions............................ 1120
Sec. 411. Reimbursement of the Department of the Treasury......... 1120
Sec. 412. Inspector General for the United States Information
Agency........................................................ 1120
Sec. 413. Inspector General for the Department of State........... 1121
Sec. 414. Prohibition on the use of funds for facilities in
Israel, Jerusalem, or the West Bank........................... 1121
Sec. 415. Use of cleared personnel to ensure secure maintenance
and repair of diplomatic facilities abroad.................... 1122
TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM
Sec. 501. Rewards for international terrorists.................... 1122
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..................... 1123
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......................................................... 1123
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....... 1123
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................... 1124
Sec. 605. International review of nuclear terrorism problem....... 1124
Sec. 606. Criminal history record checks [amends other
legislation]
TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM
Sec. 701. International Antiterrorism Committee................... 1124
Sec. 702. International arrangement relating to passports and
visas......................................................... 1125
Sec. 703. Protection of Americans endangered by the appearance of
their place of birth on their passports....................... 1125
Sec. 704. Use of diplomatic privileges and immunities for
terrorism purposes............................................ 1125
Sec. 705. Reports on progress in increasing multilateral
cooperation................................................... 1125
TITLE VIII--VICTIMS OF TERRORISM COMPENSATION
Sec. 801. Short title............................................. 1126
Sec. 802. Payment to individuals held in captive status between
November 4, 1979, and January 21, 1981........................ 1126
Sec. 803. Benefits for captives and other victims of hostile
action........................................................ 1126
Sec. 804. Retention of leave by alien employees following injury
from hostile action abroad.................................... 1131
Sec. 805. Transition provisions................................... 1131
Sec. 806. Benefits for members of uniformed services who are
victims of hostile action..................................... 1131
Sec. 807. Regulations............................................. 1137
Sec. 808. Effective date of entitlements.......................... 1137
TITLE IX--MARITIME SECURITY
Sec. 901. Short title............................................. 1137
Sec. 902. International measures for seaport and shipboard
security...................................................... 1138
Sec. 903. Measures to prevent unlawful acts against passengers and
crews on board ships.......................................... 1138
Sec. 904. Panama Canal security................................... 1138
Sec. 905. Threat of terrorism to United States ports and vessels.. 1139
Sec. 906. Port, harbor, and coastal facility security............. 1139
Sec. 907. Security standards at foreign ports..................... 1139
Sec. 908. Travel advisories concerning security at foreign ports.. 1140
Sec. 909. Suspension of passengers services....................... 1140
Sec. 910. Sanctions for the seizure of vessels by terrorists...... 1141
Sec. 911. Definitions............................................. 1141
Sec. 912. Authorization of appropriations......................... 1141
Sec. 913. Reports................................................. 937
TITLE X--FASCELL FELLOWSHIP PROGRAM [See page 1622]
* * * * * * *
TITLE XI--SECURITY AT MILITARY BASES ABROAD
Sec. 1101. Findings............................................... 1142
Sec. 1102. Recommended actions by the Secretary of Defense........ 1142
Sec. 1103. Report to the Congress................................. 1142
TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM
Sec. 1201. Encouragement for negotiation of a convention.......... 1143
Sec. 1202. Extraterritorial criminal jurisdiction over terrorist
conduct....................................................... 1143
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Peace Corps authorization of appropriations [amends
other legislation]
Sec. 1302. Demonstrations at embassies in the District of Columbia 1143
Sec. 1303. Kurt Waldheim's retirement allowance................... 1144
Sec. 1304. Eradication of Amblyomma Variegatum [amends other
legislation]
Sec. 1305. Strengthen foreign language skills..................... 1144
Sec. 1306. Forfeiture of proceeds derived from espionage
activities.................................................... 1144
Sec. 1307. Expression of support of activities of the United
States Telecommunications Training Institute.................. 1145
Sec. 1308. Policy toward Afghanistan.............................. 1145
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) Purposes.--The purposes of titles I through IV are--
(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) \3\ 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;
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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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(3) \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 para. (4); redesignated para. (5) as para. (6);
and added a new para. (5). Paras. (5) and (6) were subsequently
redesignated as paras. (4) and (5); see also above note.
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(4) \3\, \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) \3\, \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. (1), redesignated former paras. (1) through (4) as
subparas. (A) through (D), and added new para. (2).
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(A) \6\ protection of all United States Government
personnel on official duty abroad (other than Voice of
America correspondents on official assignment and \7\
those personnel under the command of a United States
area military commander) and their accompanying
dependents;
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\7\ Sec. 505(a) of Public Law 107-228 (116 Stat. 1393) inserted
``Voice of America correspondents on official assignment and'' after
``other than''.
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(B) \6\ 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) \6\ establishment and operation of security
functions at all Department of State facilities in the
United States; and
(D) \6\ protection of foreign missions, international
organizations, and foreign officials and other foreign
persons in the United States, as authorized by law.
(2) \6\, \8\ Security responsibilities shall
include the following:
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\8\ The Secretary of State delegated functions authorized under
this subsec. 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 \9\ of post
security and protective functions abroad.
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\9\ 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) \10\ 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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\10\ 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 subsecs. (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) \10\ 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).\11\
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\11\ Sec. 201 of The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268), inserted ``or regional inspector general offices under the
jurisdiction of the Inspector General, Agency for International
Development'' after ``commander'', and struck out para. (3), which had
been added by the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988. Para. (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) \10\ 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.\12\ * * * [REPEALED--1994]
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\12\ 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.\13\ * * * [REPEALED--1994]
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\13\ 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.\14\ 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.
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\14\ 22 U.S.C. 4805.
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(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.\15\ PROTECTION OF FOREIGN CONSULATES.
The Secretary of State shall take into account security
considerations \16\ in making determinations with respect to
accreditation of all foreign consular personnel in the United
States.
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\15\ 22 U.S.C. 4806. The Secretary of State delegated functions
authorized under sec. 107 to the Chief of Protocol (Department of State
Public Notice 2086; sec. 15 of Delegation of Authority No. 214; 59 F.R.
50790).
\16\ 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 \17\
SEC. 201.\18\ 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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\17\ 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''.
\18\ 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.\19\ DIRECTOR OF DIPLOMATIC SECURITY SERVICE.
Any such \20\ Diplomatic Security Service should \20\ 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 \20\ be considered an affirmative factor in the
selection of the Director.
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\19\ 22 U.S.C. 4822.
\20\ 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 in lieu thereof ``Any such'' in the first
sentence of sec. 202. Sec. 162(g)(8)(B) of that Act struck out
``shall'' in the first, third, and fourth sentences and inserted in
lieu thereof ``should''. Sec. 162(g)(8)(C) of that Act subsequently
struck out the last [fourth] sentence, 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.\21\ SPECIAL AGENTS.
Special agent positions \22\ 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 \23\
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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\21\ 22 U.S.C. 4823. Sec. 162(g)(9)(A) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 407), amended and restated the sec. catchline, which formerly
read ``positions in the diplomatic security service.''.
\22\ 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''.
\23\ 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'' and
inserted in lieu thereof ``The''.
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SEC. 206.\24\ 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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\24\ 22 U.S.C. 4824. Added by sec. 104 of division C of Public Law
105-277 (112 Stat. 2681-586). As enacted; no sec. 204 or sec. 205.
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TITLE III--PERFORMANCE AND ACCOUNTABILITY
SEC. 301.\25\ ACCOUNTABILITY REVIEW BOARDS.
(a) In General.--
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\25\ 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. 1501A-458), amended and restated sec. 301. It formerly
read, as previously amended, as follows:
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``sec. 301. accountability review.
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``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; 8 U.S.C. 1182
note), as amended, 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 injury, loss of life, or significant
destruction of 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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The Secretary of State convened an Accountability Review Board in
each of the following instances:
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--September 2005 attacks on two official motorcades in Iraq resulting in
the deaths of Diplomatic Security Special Agent Stephen Sullivan and seven
security contractors (Department of State Public Notice 5240; 70 F.R.
73056; December 1, 2005);
--January 29, 2005, rocket attack on U.S. Embassy, Baghdad, Iraq, which
caused the deaths of LCDR Keith Taylor, USN, and Barbara Heald, embassy
staff (Department of State Public Notice 5083; 70 F.R. 28593; May 10,
2005);
--December 6, 2004, attack on the U.S. Consulate in Jeddah, Saudi Arabia
(Department of State Public Notice 5015; 70 F.R. 12264; March 4, 2005);
--November 24, 2004 murder of James C. Mollen, employee of U.S. Embassy,
Baghdad, Iraq (Department of State Public Notice 5008; 70 F.R. 11042;
February 28, 2005);
--October 28, 2002 murder of Laurence Foley of the Agency for
International Development in Amman, Jordan (Department of State Public
Notice 4250; 68 F.R. 3926; January 6, 2003);
--August 7, 1998 bomb attacks on the U.S.embassies in Nairobi, Kenya, and
Dar es Salaam, Tanzania (Department of State Public Notice 2905; 63 F.R.
58807; October 13, 1998);
--November 13, 1995, car-bomb attack on the headquarters of the Office of
Program Manager, Saudi Arabian National Guard in Riyadh, Saudi Arabia
(Department of State Public Notice 2349; 61 F.R. 8322; February 22, 1996);
--March 8, 1995, terrorist attack on the Consulate shuttle bus in
Karachi, Pakistan (Department of State Public Notice 2191; 60 F.R. 21020;
April 28, 1995); and
--April 1992 explosion at the U.S. ambassador's residence in Lima, Peru
(Department of State Public Notice 1587; April 15, 1992; 57 F.R. 14744).
(1) Convening a board.--Except as provided in
paragraphs (2) and (3),\26\ 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.
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\26\ Sec. 3(1) of Public Law 109-140 (119 Stat. 2650) struck out
``paragraph (2)'' and inserted in lieu thereof ``paragraphs (2) and
(3)''.
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(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.
(3) \27\ Facilities in afghanistan and iraq.--
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\27\ Sec. 3(2) of Public Law 109-140 (119 Stat. 2650) added para.
(3).
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(A) Limited exemptions from requirement to
convene board.--The Secretary of State is not
required to convene a Board in the case of an
incident that--
(i) involves serious injury, loss of
life, or significant destruction of
property at, or related to, a United
States Government mission in
Afghanistan or Iraq; and
(ii) occurs during the period
beginning on October 1, 2005, and
ending on September 30, 2009.
(B) Reporting requirements.--In the case of
an incident described in subparagraph (A), the
Secretary shall--
(i) promptly notify the Committee on
International Relations of the House of
Representatives and the Committee on
Foreign Relations of the Senate of the
incident;
(ii) conduct an inquiry of the
incident; and
(iii) upon completion of the inquiry
required by clause (ii), submit to each
such Committee a report on the findings
and recommendations related to such
inquiry and the actions taken with
respect to such recommendations.
(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.\28\ 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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\28\ 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.\29\ PROCEDURES.
(a) Evidence.--
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\29\ 22 U.S.C. 4833.
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(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.\30\ 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)
\31\ and shall make written findings determining--
---------------------------------------------------------------------------
\30\ 22 U.S.C. 4834.
\31\ Sec. 156(b) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1354) inserted ``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)''.
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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.\32\ 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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\32\ 22 U.S.C. 4835.
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TITLE IV--DIPLOMATIC SECURITY PROGRAM
SEC. 401.\33\ AUTHORIZATION.
(a) Diplomatic Security Program.--
---------------------------------------------------------------------------
\33\ 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) \34\ * * * [Repealed--1995]
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\34\ 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 \35\ 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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\35\ 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) \36\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\36\ 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) Furniture, Furnishings, and Equipment.--
(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.
(2) \37\ * * *
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\37\ Para. (2) 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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(3) \37\ * * * [Repealed--1994]
SEC. 402.\38\ DIPLOMATIC CONSTRUCTION PROGRAM.
(a) \39\ 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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\38\ 22 U.S.C. 4852.
\39\ 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; \40\ and
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\40\ 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) \41\ 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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\41\ Sec. 131(2) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 662), amended and
restated para. (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 \42\ 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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\42\ 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 or
at a United States diplomatic or consular
establishment abroad \43\ administrative and
technical, professional, or construction
services similar in complexity, type of
construction, and value to the project being
bid;
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\43\ Sec. 206(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1364), inserted ``or at a
United States diplomatic or consular establishment abroad'' after
``United States''.
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(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.\44\ 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--
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\44\ 22 U.S.C. 4853.
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(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.\45\ 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.
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\45\ 22 U.S.C. 4854.
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SEC. 405.\46\ 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.
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\46\ 22 U.S.C. 4855.
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SEC. 406.\47\ 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.
---------------------------------------------------------------------------
\47\ 22 U.S.C. 4856.
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(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.\48\ 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.
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\48\ 22 U.S.C. 4857.
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SEC. 408.\49\ 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.
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\49\ 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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(b) * * * [Repealed--1994]
SEC. 409.\50\ 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.
---------------------------------------------------------------------------
\50\ 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.\51\ 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.
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\51\ 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.\52\ 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 \53\ 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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\52\ 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 paras. (1) through (5) as subsecs. (a)
through (e).
\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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(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) \54\ * * * [Repealed--1986]
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\54\ Sec. 405 of Public Law 99-529 (100 Stat. 3010) repealed para.
(6).
---------------------------------------------------------------------------
(b) \55\ * * * [Repealed--1987]
---------------------------------------------------------------------------
\55\ Sec. 134 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1344) repealed
subsec. (b), which had established an Office of Policy and Program
Review.
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(c) * * *
SEC. 414.\56\ 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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\56\ 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.\57\ 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.
---------------------------------------------------------------------------
\57\ Sec. 133 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 32), added sec. 415.
---------------------------------------------------------------------------
(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 \58\ of the House of Representatives.
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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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TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM
SEC. 501.\59\ 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.
---------------------------------------------------------------------------
\59\ 22 U.S.C. 2708 note. Sec. 12 of the International Narcotics
Control Act of 1989 (Public Law 101-231; 103 Stat. 1963), amended sec.
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.\60\ 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.
---------------------------------------------------------------------------
\60\ 22 U.S.C. 2656e.
---------------------------------------------------------------------------
* * * * * * *
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.\61\ ACTIONS TO COMBAT INTERNATIONAL NUCLEAR TERRORISM.
(a) Actions to be Taken by the President.--The Congress
hereby directs the President--
---------------------------------------------------------------------------
\61\ 22 U.S.C. 3244.
---------------------------------------------------------------------------
(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 \58\ 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.\62\ Benefits for captives
---------------------------------------------------------------------------
\62\ 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 Servicemembers Civil Relief Act,
including the benefits provided by section 702 of such Act but
excluding the benefits provided by sections 104, 105, and 106,
title IV, and title V (other than sections 501 and 510) of such
Act \63\ shall be provided in the case of any individual who is
a captive.
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\63\ Sec. 2(b)(2)(A) of Public Law 108-189 (117 Stat. 2865) struck
out ``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'' and inserted in lieu
thereof ``provided by the Servicemembers Civil Relief Act, including
the benefits provided by section 702 of such Act but excluding the
benefits provided by sections 104, 105, and 106, title IV, and title V
(other than sections 501 and 510) of such Act''.
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``(2) In applying such Act under this subsection--
``(A) the term `servicemember' \64\ is deemed to
include any such captive;
---------------------------------------------------------------------------
\64\ Sec. 2(b)(2)(B) of Public Law 108-189 (117 Stat. 2866) struck
out ``person in the military service'' and inserted in lieu thereof
``servicemember''.
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``(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.\65\ Compensation for disability or death
---------------------------------------------------------------------------
\65\ 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).
---------------------------------------------------------------------------
``(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.\66\ Benefits for members held as captives
---------------------------------------------------------------------------
\66\ 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) In this section: \67\
---------------------------------------------------------------------------
\67\ Sec. 8(e)(11) of Public Law 100-26 (101 Stat. 287) amended 37
U.S.C. 559 by striking out ``In this section --'' and inserting in lieu
thereof ``In this section:''; inserting ``The term'' in paras. (1) and
(2); and ending para. (1) with a period.
---------------------------------------------------------------------------
``(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,\68\ monetary payment in respect of such
period of captivity.
---------------------------------------------------------------------------
\68\ Sec. 1484(d)(4) of Public Law 101-510 (104 Stat. 1717) amended
37 U.S.C. 559 by striking out ``the date of the enactment of the
Victims of Terrorism Compensation Act'' and inserting in lieu thereof
``August 27, 1986''.
---------------------------------------------------------------------------
``(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),\69\ 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.
---------------------------------------------------------------------------
\69\ Sec. 702(b)(2) of Public Law 102-25 (105 Stat. 117) struck out
``of this subsection'' throughout 37 U.S.C. (other than in sections
305a(d)(3), 431(a), and 501(f)).
---------------------------------------------------------------------------
``(2) Except as provided in section 802 of the Victims of
Terrorism Compensation Act (5 U.S.C. 5569 note),\70\ the amount
of such payment shall be determined by the President under the
provisions of section 5569(d)(2) of title 5.
---------------------------------------------------------------------------
\70\ Sec. 1484(e)(2) of Public Law 101-510 (104 Stat. 1717) amended
37 U.S.C. 559 by inserting the parenthetical citation.
---------------------------------------------------------------------------
``(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) \69\ that is
later denied under paragraph (3)(A)(ii) \69\ 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) \71\ is final and is not subject to judicial
review.''.
---------------------------------------------------------------------------
\71\ Sec. 702(b)(1) of Public Law 102-25 (105 Stat. 117) struck out
``of this section'' throughout 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.\72\ Disability and death compensation: dependents of
members held as captives
---------------------------------------------------------------------------
\72\ Originally enacted as 10 U.S.C. 1051, this sec. 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' \73\ has the meaning given
that term in section 551 of title 37.\74\
---------------------------------------------------------------------------
\73\ Sec. 1622(e)(2) of Public Law 101-189 (103 Stat. 1605) struck
out ``Dependent'' and inserted in lieu thereof ``The term `dependent'
'', and inserted ``The term'' in para. (2).
\74\ Sec. 1343(a(25) of Public Law 99-661 struck out ``that title''
and inserted in lieu thereof ``title 37'' in para. (1); and struck out
``and `uniformed services' have the meanings given those terms'' and
inserted ``has the meaning given that term'' in para. (2).
---------------------------------------------------------------------------
``(2) The term \73\ `Secretary concerned' has the
meaning given that term \74\ 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.\75\ Medical care: members held as captives and their
dependents
---------------------------------------------------------------------------
\75\ Originally enacted as 10 U.S.C. 1095, this sec. was recodified
as 10 U.S.C. 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' \76\ and `former captive' have
the meanings given those terms in section 559 of title
37.
---------------------------------------------------------------------------
\76\ Sec. 106(b)(1) of Public Law 100-526 (102 Stat. 2625) struck
out ``Captive status'' and ``Dependent'' and inserted in lieu thereof
``captive status'' and ``dependent''.
---------------------------------------------------------------------------
``(2) `dependent' \76\ 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.\75\ 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:
---------------------------------------------------------------------------
\77\ Functions vested in the President by this chapter of 10 U.S.C.
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 \77\
``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.\78\
``Sec. 2181. Definitions
``In this chapter:
---------------------------------------------------------------------------
\78\ Sec. 1621(a)(7)(A) of Public Law 101-189 (103 Stat. 1603)
struck out ``Veterans' Administration'' and inserted in lieu thereof
``Department of Veterans Affairs''. The Department of Veterans Affairs
Act (Public Law 100-527; 102 Stat. 2635) established the Department of
Veterans Affairs.
---------------------------------------------------------------------------
``(1) \79\ The terms `captive status' and `former
captive' have the meanings given those terms in section
559 of title 37.
---------------------------------------------------------------------------
\79\ Sec. 7(k)(6) of Public Law 100-26 (101 Stat. 284) inserted
``The terms'' and ``the term'' in paras. (1) and (2), and struck out
``Captive'' and ``Dependent'' and inserted in lieu thereof ``captive''
and ``dependent'', respectively.
---------------------------------------------------------------------------
``(2) \79\ 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
\80\ of title 38; and
---------------------------------------------------------------------------
\80\ 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 \78\
``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.''.
(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 \81\ or chapter 110 of title
10, shall be paid out of funds available to the Secretary
concerned for military personnel.''.
---------------------------------------------------------------------------
\81\ Sec. 1484(h)(6) of Public Law 101-510 (104 Stat. 1718) amended
37 U.S.C. 1013 by striking out ``or 1095'' and inserting in lieu
thereof ``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.\82\ 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--
---------------------------------------------------------------------------
\82\ 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.\83\ 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. Beginning with the first
report submitted under this section after the date of enactment
of the Maritime Transportation Security Act of 2002, the
Secretary shall include a description of activities undertaken
under title I of that Act and an analysis of the effect of
those activities on port security against acts of
terrorism.\84\
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\83\ 46 U.S.C. app. 1802.
\84\ Sec. 110(a) of the Maritime Transportation Security Act of
2002 (Public law 107-295; 116 Stat. 2091; enacted November 25, 2002)
added ``Beginning with the first report submitted under this section
after the date of enactment of the Maritime Transportation Security Act
of 2002, the Secretary shall include a description of activities
undertaken under title I of that Act and an analysis of the effect of
those activities on port security against acts of terrorism.''.
---------------------------------------------------------------------------
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.\85\ 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.
---------------------------------------------------------------------------
\85\ 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.\86\ 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.
---------------------------------------------------------------------------
\86\ 46 U.S.C. app. 1804.
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(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.\87\ 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.
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\87\ 46 U.S.C. app. 1805.
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(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.\88\ SANCTIONS FOR THE SEIZURE OF VESSELS BY TERRORISTS.
The Congress encourages the President--
---------------------------------------------------------------------------
\88\ 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.\89\ DEFINITIONS.
For purposes of this title--
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\89\ 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.\90\ 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.
---------------------------------------------------------------------------
\90\ 46 U.S.C. app. 1808.
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SEC. 913.\91\ 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.
---------------------------------------------------------------------------
\91\ 46 U.S.C. app. 1809.
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(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
Transportation and Infrastructure of the House of
Representatives \92\ and the Committee on Foreign Relations and
the Committee on Commerce, Science and Transportation of the
Senate.
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\92\ 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. 408(c)(3) of Public Law 107-295 (116 Stat. 2117) struck out
``Merchant Marine and Fisheries'' and inserted in lieu thereof
``Transportation and Infrastructure''.
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TITLE X--FASCELL FELLOWSHIP PROGRAM \93\
* * * * * * *
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\93\ The Fascell Fellowship Act provides 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 1622.
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TITLE XI--SECURITY AT MILITARY BASES ABROAD
SEC. 1101.\94\ FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\94\ 10 U.S.C. 113 note.
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(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.\94\ 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.\94\ 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.\95\ EXTRATERRITORIAL CRIMINAL JURISDICTION OVER TERRORIST
CONDUCT. * * *
* * * * * * *
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\95\ Sec. 1202 added a new chapter 113A to 18 U.S.C. (redesignated
as chapter 113B).
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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) * * *
(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) * * *
(c) Order of Special Forfeiture.--Subsection (a) of section
3671 of title 18, United States Code, is amended * * *
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.
g. 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''.
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\1\ 22 U.S.C. 7101 note.
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* * * * * * *
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\
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\2\ 28 U.S.C. 1606, 1610 note.
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* * * * * * *
h. 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; as
amended by Public Law 107-228 [Foreign Relations Authorization Act,
Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
2002; and Public Law 108-447 [Consolidated Appropriations Act, 2005;
H.R. 4818], 118 Stat. 2809, approved December 8, 2004
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''.
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\1\ 22 U.S.C. 4801 note.
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SEC. 602.\2\ FINDINGS.
Congress makes the following findings:
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\2\ 22 U.S.C. 4865 note.
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(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) \3\ for fiscal year 2003, $1,000,000,000; and
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\3\ Sec. 111(a)(3)(B) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1356), struck out
``$900,000,000'' for fiscal year 2003 and inserted in lieu thereof
``$1,000,000,000''. Sec. 111(a)(3)(A) of that Act provided the
following:
``(A) In general.--For `Embassy Security, Construction and
Maintenance', $555,000,000 for the fiscal year 2003, in addition to
amounts otherwise authorized to be appropriated for such purpose by
section 604 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted
into law by section 1000(a)(7) of Public Law 106-113 and contained in
appendix G of that Act; 113 Stat. 1501A-470).''.
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(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.
(e) \4\ Capital Security Cost Sharing.--
---------------------------------------------------------------------------
\4\ Sec. 629 of the Departments of Commerce, Justice and State, the
Judiciary, and Related Agencies Appropriations Act, 2005 (division B of
Public Law 108-447; 118 Stat. 2920), added subsec. (e).
Sec. 416 of the Department of State and Related Agency
Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2327), provided
the following:
``Sec. 416. (a) Except as provided in subsection (b), a project to
construct a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that such
department or agency has not provided to the Department of State the
full amount of funding required by subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
``(b) Notwithstanding the prohibitions in subsection (a), a project
to construct a diplomatic facility of the United States may include
office space or other accommodations for members of the Marine
Corps.''.
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(1) Authority.--Notwithstanding any other provision
of law, all agencies with personnel overseas subject to
chief of mission authority pursuant to section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927) shall
participate and provide funding in advance for their
share of costs of providing new, safe, secure United
States diplomatic facilities, without offsets, on the
basis of the total overseas presence of each agency as
determined annually by the Secretary of State in
consultation with such agency. Amounts advanced by such
agencies to the Department of State shall be credited
to the Embassy Security, Construction and Maintenance
account, and remain available until expended.
(2) Implementation.--Implementation of this
subsection shall be carried out in a manner that
encourages right-sizing of each agency's overseas
presence.
(3) Exclusion.--For purposes of this subsection
``agency'' does not include the Marine Security Guard.
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.
i. 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.
* * * * * * *
j. 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.
* * * * * * *
k. Antiterrorism and Effective Death Penalty Act of 1996
Partial text of Public Law 104-132 [S. 735], 110 Stat. 1214, approved
April 24, 1996; as amended by Public Law 107-188 [Public Health
Security and Bioterrorism Preparedness and Response Act of 2002; H.R.
3448], 116 Stat. 594, approved June 12, 2002
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.
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 U.S.C. 1605 and 1610, relating to foreign
sovereign immunity.
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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 1148.
---------------------------------------------------------------------------
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 1148.
---------------------------------------------------------------------------
* * * * * * *
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 1047. 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\
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\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\
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\8\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to
foreign air carrier security programs. See Legislation on Foreign
Relations Through 2005, vol. IV.
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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 2005, vol. I-A.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 2005, vol. I-A.
---------------------------------------------------------------------------
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 2005, vol. III.
---------------------------------------------------------------------------
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 2005, 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\
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\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 2005, 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\
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\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. Subsecs. (b) through (e) made related technical
amendments.
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(b) \17\ * * *
(c) \17\ * * *
(d) \17\ * * *
(e) \17\ * * *
(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\
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\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.
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Subtitle C--Modification to Asylum Procedures * * * \19\
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\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--
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\20\ 18 U.S.C. 831 note.
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(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 2005, 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--
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\22\ 42 U.S.C. 262 note. Sec. 203(a) of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-
188; 116 Stat. 647) provided the following:
``(a) In general.--Regulations promulgated by the Secretary of
Health and Human Services under section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 are deemed to have been promulgated
under section 351A of the Public Health Service Act, as added by
section 201 of this Act. Such regulations, including the list under
subsection (d)(1) of such section 511, that were in effect on the day
before the date of the enactment of this Act [June 12, 2002] remain in
effect until modified by the Secretary in accordance with such section
351A and with section 202 of this Act.''.
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(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\
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\23\ Subsec. (b) amended 18 U.S.C. 175-178.
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(c) Terrorism.--Section 2332a(a) of title 18, United States
Code, is amended * * *
(d)-(g) \24\ * * * [Repealed--2002]
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\24\ Sec. 204 of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188; 116 Stat.
647) repealed subsecs. (d) through (g).
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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: * * * \25\
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\25\ Sec. 521(a) added a new sec. 2332c to 18 U.S.C., relating to
the use of chemical weapons. See page 1027. Subsec. (c) made a clerical
amendment to 18 U.S.C.
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(b) \26\ Study of Facility for Training and Evaluation of
Personnel Who Respond To Use of Chemical or Biological Weapons
in Urban and Suburban Areas.--
---------------------------------------------------------------------------
\26\ 50 U.S.C. 1522 note.
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(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) \25\ * * *
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
SEC. 601.\27\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\27\ 18 U.S.C. 841 note. Secs. 602 through 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)).
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(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.\28\ 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.
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\28\ 18 U.S.C. 841 note.
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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: * * * \29\
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\29\ Sec. 702(a) added a new sec. 2332b to 18 U.S.C., relating to
acts of terrorism transcending national boundaries. Subsecs. (b) and
(c) made technical amendments.
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* * * * * * *
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.\30\ 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.
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\30\ 28 U.S.C. 509 note.
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* * * * * * *
SEC. 807.\31\ 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--
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\31\ 18 U.S.C. 470 note.
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(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) \32\ 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.
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\32\ 18 U.S.C. 7 note. For Presidential Proclamation 5928, see
Legislation on Foreign Relations Through 2005, vol. IV.
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(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.\33\ 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.
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\33\ 42 U.S.C. 1973gg note.
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* * * * * * *
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.
l. 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''.
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\1\ 28 U.S.C. 1350 note.
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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.
m. Biological Weapons (18 United States Code)
Partial text of 18 U.S.C. as added by Public Law 101-298 [Biological
Weapons Anti-Terrorism Act of 1989; S. 993] 104 Stat. 201, approved May
22, 1990; as amended by Public Law 104-132 [Antiterrorism and Effective
Death Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24,
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 107-56 [Uniting and Strengthening America By Providing
Appropriate Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272, approved October
26, 2001; Public Law 107-188 [Public Health Security and Bioterrorism
Preparedness and Response Act of 2002; H.R. 3448], 116 Stat. 594,
approved June 12, 2002; Public Law 107-273 [21st Century Department of
Justice Appropriations Authorization Act; H.R. 2215], 116 Stat. 1758,
approved November 2, 2002; and Public Law 108-458 [Intelligence Reform
and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638,
approved December 17, 2004
CHAPTER 10--BIOLOGICAL WEAPONS \1\
Sec.
175. Prohibitions with respect to biological weapons.
175a. Requests for military assistance to enforce prohibition in certain
emergencies.
175b. Possession by restricted persons.
175c. Variola virus.
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.
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\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,
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``section 1. [18 u.s.c. 175 note] short title.
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``This Act may be cited as the `Biological Weapons Anti-Terrorism
Act of 1989'.
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``sec. 2. [18 u.s.c. 175 note] purpose and intent.
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``(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.
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``(b) Intent of Act.--Nothing in this Act is intended to restrain
or restrict peaceful scientific research or development.''.
Sec. 817(3) of Public Law 107-56 (115 Stat. 386) added reference to
sec. 175b. The section was subsequently amended; the table of contents,
however, was not. Should read ``Select agents; certain other agents.''.
Sec. 6911(b) of Public Law 108-458 (118 Stat. 3775) added reference
to sec. 175c.
\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,''.
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(b) \3\ Additional Offense.--Whoever knowingly possesses
any biological agent, toxin, or delivery system of a type or in
a quantity that, under the circumstances, is not reasonably
justified by a prophylactic, protective, bona fide research, or
other peaceful purpose, shall be fined under this title,
imprisoned not more than 10 years, or both. In this subsection,
the terms ``biological agent'' and ``toxin'' do not encompass
any biological agent or toxin that is in its naturally
occurring environment, if the biological agent or toxin has not
been cultivated, collected, or otherwise extracted from its
natural source.
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\3\ Sec. 817(1)(B) and (C) of Public Law 107-56 (115 Stat. 385)
redesignated subsec. (b) as subsec. (c), and added a new subsec. (b).
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(c) \3\ Definition.--For purposes of this section, the term
`for use as a weapon' includes \4\ the development, production,
transfer, acquisition, retention, or possession of any
biological agent, toxin, or delivery system for other than \5\
prophylactic, protective, bona fide research,\6\ or other
peaceful purposes.
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\4\ Sec. 817(1)(A)(i) of Public Law 107-56 (115 Stat. 385) struck
out ``does not include'' and inserted in lieu thereof ``includes''.
\5\ Sec. 817(1)(A)(ii) of Public Law 107-56 (115 Stat. 385)
inserted ``other than'' after ``system for''.
\6\ Sec. 817(1)(A)(iii) of Public Law 107-56 (115 Stat. 385)
inserted ``bona fide research'' after ``protective''. Sec. 231(c)(1) of
Public Law 107-188 (116 Stat. 661) struck out ``protective bona fide
research, or other peaceful purposes.'' and inserted in lieu thereof
``protective, bona fide research, or other peaceful purposes.''.
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Sec. 175a.\7\ 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.''.
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\7\ Sec. 1416(c)(1)A) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2723) added sec. 175a.
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Sec. 175b.\8\ Select agents; certain other agents.
(a)(1) \9\ No restricted person shall ship or transport in
or affecting interstate or foreign commerce, or possess in or
affecting interstate or foreign commerce, any biological agent
or toxin, or receive any biological agent or toxin that has
been shipped or transported in interstate or foreign commerce,
if the biological agent or toxin is listed as a non-overlap or
overlap select biological agent or toxin in sections 73.4 and
73.5 of title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act, and is not
excluded under sections 73.4 and 73.5 or exempted under section
73.6 of title 42, Code of Federal Regulations.\10\
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\8\ Sec. 817(2) of Public Law 107-56 (115 Stat. 385) added sec.
175b. Sec. 231(b)(1)(B) of Public Law 107-188 (116 Stat. 661) amended
and restated the section catchline, which previously read ``Possession
by restricted persons''. Sec. 4005(g) of Public Law 107-273 (116 Stat.
1813) sought to amend and restate the style of the section catchline to
correct that which was stated in the amendment in Public Law 107-56;
however, the technical correction did not take into account the
substantive amendment in Public Law 107-188. The style amendment in
Public Law 107-273, hence, is not executed here.
\9\ Sec. 231(a)(1) of Public Law 107-188 (116 Stat. 660) struck out
``(a)'' and inserted in lieu thereof ``(a)(1)''.
\10\ Sec. 6802(d)(1) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out ``as a select agent in Appendix A of part 72
of title 42, Code of Federal Regulations, pursuant to section 351A of
the Public Health Service Act, and is not exempted under subsection (h)
of section 72.6, or Appendix A of part 72, of title 42, Code of Federal
Regulations.'' and inserted in lieu thereof ``as a non-overlap or
overlap select biological agent or toxin in sections 73.4 and 73.5 of
title 42, Code of Federal Regulations, pursuant to section 351A of the
Public Health Service Act, and is not excluded under sections 73.4 and
73.5 or exempted under section 73.6 of title 42, Code of Federal
Regulations.''. Previously, sec. 231(c)(2)(A) of Public Law 107-188
(116 Stat. 661) struck out ``described in subsection (b) shall ship or
transport interstate or foreign commerce, or possess in or affecting
commerce, any biological agent or toxin, or receive any biological
agent or toxin that has been shipped or transported in interstate or
foreign commerce, if the biological agent or toxin is listed as a
select agent in subsection (j) of section 72.6 of title 42, Code of
Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132), and is
not exempted under subsection (h) of such section 72.6, or appendix A
of part 72 of the Code of Regulations.'' and inserted in lieu thereof
``shall ship or transport in or affecting interstate or foreign
commerce, or possess in or affecting interstate or foreign commerce,
any biological agent or toxin, or receive any biological agent or toxin
that has been shipped or transported in interstate or foreign commerce,
if the biological agent or toxin is listed as a select agent in
Appendix A of part 72 of title 42, Code of Federal Regulations,
pursuant to section 351A of the Public Health Service Act, and is not
exempted under subsection (h) of section 72.6, or Appendix A of part
72, of title 42, Code of Federal Regulations.''.
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(2) \11\ Whoever knowingly violates this section shall be
fined as provided in this title, imprisoned not more than 10
years, or both, but the prohibition contained in this section
shall not apply with respect to any duly authorized United
States governmental activity.
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\11\ Sec. 231(a) of Public Law 107-188 (116 Stat. 660) redesignated
subsec. (b) as subsec. (d), subsec. (c) as para. (2) under subsec. (a),
and added new subsecs. (b) and (c).
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(b) \11\ Transfer to Unregistered Person.--
(1) Select agents.--Whoever transfers a select agent
to a person who the transferor knows or has reasonable
cause to believe is not registered as required by
regulations under subsection (b) or (c) of section 351A
of the Public Health Service Act shall be fined under
this title, or imprisoned for not more than 5 years, or
both.
(2) Certain other biological agents and toxins.--
Whoever transfers a biological agent or toxin listed
pursuant to section 212(a)(1) of the Agricultural
Bioterrorism Protection Act of 2002 to a person who the
transferor knows or has reasonable cause to believe is
not registered as required by regulations under
subsection (b) or (c) of section 212 of such Act shall
be fined under this title, or imprisoned for not more
than 5 years, or both.
(c) \11\ Unregistered for Possession.--
(1) Select agents.--Whoever knowingly possesses a
biological agent or toxin where such agent or toxin is
a select agent for which such person has not obtained a
registration required by regulations under section
351A(c) of the Public Health Service Act shall be fined
under this title, or imprisoned for not more than 5
years, or both.
(2) Certain other biological agents and toxins.--
Whoever knowingly possesses a biological agent or toxin
where such agent or toxin is a biological agent or
toxin listed pursuant to section 212(a)(1) of the
Agricultural Bioterrorism Protection Act of 2002 for
which such person has not obtained a registration
required by regulations under section 212(c) of such
Act shall be fined under this title, or imprisoned for
not more than 5 years, or both.
(d) \11\ In this section:
(1) The term ``select agent'' means a biological
agent or toxin to which subsection (a) applies. Such
term (including for purposes of subsection (a)) does
not include \12\ any such biological agent or toxin
that is in its naturally-occurring environment, if the
biological agent or toxin has not been cultivated,
collected, or otherwise extracted from its natural
source.
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\12\ Sec. 231(b)(1)(A) of Public Law 107-188 (116 Stat. 660) struck
out ``The term `select agent' does not include'' and inserted in lieu
thereof ``The term `select agent' means a biological agent or toxin to
which subsection (a) applies. Such term (including for purposes of
subsection (a)) does not include''.
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(2) The term ``restricted person'' means an
individual who--
(A) is under indictment for a crime
punishable by imprisonment for a term exceeding
1 year;
(B) has been convicted in any court of a
crime punishable by imprisonment for a term
exceeding 1 year;
(C) is a fugitive from justice;
(D) is an unlawful user of any controlled
substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(E) is an alien illegally or unlawfully in
the United States;
(F) has been adjudicated as a mental
defective or has been committed to any mental
institution;
(G)(i) \13\ is an alien (other than an alien
lawfully admitted for permanent residence) who
is a national of a country as to which the
Secretary of State, pursuant to section 6(j) of
the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), section 620A of chapter 1
of part M of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), or section 40(d) of chapter 3
of the Arms Export Control Act (22 U.S.C.
2780(d)), has made a determination (that
remains in effect) that such country has
repeatedly provided support for acts of
international terrorism, or (ii) \14\ acts for
or on behalf of, or operates subject to the
direction or control of, a government or
official of a country described in this
subparagraph; \15\
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\13\ Sec. 6802(c)(1)(A) of the Weapons of Mass Destruction
Prohibition Improvement Act of 2004 (subtitle I of title VI of Public
Law 108-458; 118 Stat. 3767) inserted ``(i)'' after ``(G)''.
\14\ Sec. 6802(c)(1)(B) of the Weapons of Mass Destruction
Prohibition Improvement Act of 2004 (subtitle I of title VI of Public
Law 108-458; 118 Stat. 3767) inserted ``, or (ii) acts for or on behalf
of, or operates subject to the direction or control of, a government or
official of a country described in this subparagraph'' after
``terrorism''.
\15\ Sec. 6802(c)(1)(C) of the Weapons of Mass Destruction
Prohibition Improvement Act of 2004 (subtitle I of title VI of Public
Law 108-458; 118 Stat. 3767) struck out ``or'' after the semicolon.
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(H) has been discharged from the Armed
Services of the United States under
dishonorable conditions; or \16\
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\16\ Sec. 6802(c)(2) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) struck out a period at the end of subpara. (H) and
inserted in lieu thereof ``; or''.
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(I) \17\ is a member of, acts for or on
behalf of, or operates subject to the direction
or control of, a terrorist organization as
defined in section 212(a)(3)(B)(vi) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)).
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\17\ Sec. 6802(c)(3) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3767) added subpara. (I).
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(3) The term ``alien'' has the same meaning as in
section 101(a)(3) \18\ of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
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\18\ Sec. 231(c)(2)(B) of Public Law 107-188 (116 Stat. 661) struck
out ``section 1010(a)(3)'' and inserted in lieu thereof ``section
101(a)(3)''.
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(4) The term ``lawfully admitted for permanent
residence'' has the same meaning as in section
101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)).
Sec. 175c.\19\ Variola virus
(a) Unlawful Conduct.--
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\19\ Sec. 6906 of the Prevention of Terrorist Access to Destructive
Weapons Act of 2004 (subtitle J of title VI of Public Law 108-458; 118
Stat. 3773) added sec. 175c.
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(1) In general.--Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly
produce, engineer, synthesize, acquire, transfer
directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use, variola
virus.
(2) Exception.--This subsection does not apply to
conduct by, or under the authority of, the Secretary of
Health and Human Services.
(b) Jurisdiction.--Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if--
(1) the offense occurs in or affects interstate or
foreign commerce;
(2) the offense occurs outside of the United States
and is committed by a national of the United States;
(3) the offense is committed against a national of
the United States while the national is outside the
United States;
(4) the offense 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; or
(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing
an offense under this section or conspires with any
person over whom jurisdiction exists under this
subsection to commit an offense under this section.
(c) Criminal Penalties.--
(1) In general.--Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined
not more than $2,000,000 and shall be sentenced to a
term of imprisonment not less than 25 years or to
imprisonment for life.
(2) Other circumstances.--Any person who, in the
course of a violation of subsection (a), uses, attempts
or conspires to use, or possesses and threatens to use,
any item or items described in subsection (a), shall be
fined not more than $2,000,000 and imprisoned for not
less than 30 years or imprisoned for life.
(3) Special circumstances.--If the death of another
results from a person's violation of subsection (a),
the person shall be fined not more than $2,000,000 and
punished by imprisonment for life.
(d) Definition.--As used in this section, the term
``variola virus'' means a virus that can cause human smallpox
or any derivative of the variola major virus that contains more
than 85 percent of the gene sequence of the variola major virus
or the variola minor virus.
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) pertains to \20\ conduct prohibited under section
175 of this title; or
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\20\ Sec. 231(c)(3) of Public Law 107-188 (116 Stat. 661) struck
out ``exists by reason of'' and inserted in lieu thereof ``pertains
to''.
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(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 \21\ 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.
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\21\ Sec. 330010(16) of Public Law 103-322 (108 Stat. 2144) struck
out ``the government'' and inserted in lieu thereof ``the Government''.
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(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,\22\ or conspiracy to engage in conduct
prohibited under section 175 of this title; or
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\22\ Sec. 511(b)(2) of 104-132 (110 Stat. 1284) inserted
``threat,'' after ``attempt,''.
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(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
microorganism (including, but not limited to, bacteria,
viruses, fungi, rickettsiae or protozoa), or infectious
substance, or any naturally occurring, bioengineered or
synthesized component of any such microorganism or
infectious substance, capable of \23\ causing--
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\23\ Sec. 231(c)(4)(A) of Public Law 107-188 (116 Stat. 661) struck
out ``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
capable of'' and inserted in lieu thereof ``means any microorganism
(including, but not limited to, bacteria, viruses, fungi, rickettsiae
or protozoa), or infectious substance, or any naturally occurring,
bioengineered or synthesized component of any such microorganism or
infectious substance, capable of''. Previously, 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''.
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(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 or
product of plants, animals, microorganisms (including,
but not limited to, bacteria, viruses, fungi,
rickettsiae or protozoa), or infectious substances, or
a recombinant or synthesized molecule, whatever their
origin and method of production, and includes-- \24\
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\24\ Sec. 231(c)(4)(B) of Public Law 107-188 (116 Stat. 661) struck
out ``means the toxic material of plants, animals, microorganisms,
viruses, fungi, or infectious substances, or a recombinant molecule,
whatever its origin or method of production, including--'' and inserted
in lieu thereof ``means the toxic material or product of plants,
animals, microorganisms (including, but not limited to, bacteria,
viruses, fungi, rickettsiae or protozoa), or infectious substances, or
a recombinant or synthesized molecule, whatever their origin and
method of production, and includes--''. Previously, 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''; and
sec. 511(b)(3)(B)(ii) of that Act struck out ``production--'' and
inserted ``production, including--''.
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(A) any poisonous substance or biological
product that may be engineered as a result of
biotechnology \25\ produced by a living
organism; or
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\25\ 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''.
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(B) any poisonous isomer or biological
product,\26\ homolog, or derivative of such a
substance;
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\26\ Sec. 511(b)(3)(B)(iv) of Public Law 104-132 (110 Stat. 1284)
inserted ``or biological product'' after ``isomer''.
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(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; \27\
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\27\ 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).
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(4) the term ``vector'' means a living organism, or
molecule, including a recombinant or synthesized
molecule,\28\ capable of carrying a biological agent or
toxin to a host; and \27\
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\28\ Sec. 231(c)(4)(C) of Public Law 107-188 (116 Stat. 661) struck
out ``recombinant molecule, or biological product that may be
engineered as a result of biotechnology,'' and inserted in lieu thereof
``recombinant or synthesized molecule,''. Previously, 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,''.
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(5) \27\ 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)).
* * * * * * *
n. Anti-Terrorism and Arms Export Amendments Act of 1989
Partial text of 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.
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\1\ 22 U.S.C. 2371 note.
o. 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--
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\1\ 22 U.S.C. 5201.
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(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--
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\2\ 22 U.S.C. 5202.
\3\ 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. 1003 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 (Public Law 103-236), and
again in the Middle East Peace Facilitation Act of 1995 (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, 2006 (Public Law 109-102); see secs.
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood, sec. 558, prohibiting assistance
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
1003 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); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
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(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.
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\4\ 22 U.S.C. 5203.
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(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.
* * * * * * *
p. 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.
* * * * * * *
q. 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; Public Law 107-56 [Uniting and
Strengthening America By Providing Appropriate Tools Required To
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001; H.R.
3162], 115 Stat. 272, approved October 26, 2001; and Public Law 107-273
[21st Century Department of Justice Appropriations Authorization Act;
H.R. 2215], 116 Stat. 1758, approved November 2, 2002
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--
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\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--
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\2\ Sec. 803(a)(2) of Public Law 103-359 (108 Stat. 3438) added
subsec. (b).
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``(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.\3\
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\3\ Sec. 301(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 116 Stat. 1781)
struck out ``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.''.
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``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.\4\ * * * [Repealed--2002]
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\4\ Sec. 301(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 116 Stat. 1781)
repealed sec. 3075, which had authorized to be appropriated, without
fiscal year limitation, $5,000,000 for the purpose of chapter 204 of 18
U.S.C.
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``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.\5\
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\5\ Sec. 46 of Public Law 99-646 (100 Stat. 3601) struck out
``title V of the Organized Crime Control Act of 1970'' 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) \6\ `act of terrorism' means an act of domestic
or international terrorism as defined in section 2331;
\7\
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\6\ Sec. 802(b) of the USA PATRIOT Act (Public Law 107-56; 115
Stat. 376) amended and restated para. (1). It previously read, as
amended, as follows:
``(1) `act of terrorism' means an activity that--
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``(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;''.
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\7\ Sec. 3572 of Public Law 101-647 (104 Stat. 4929) struck out a
period at the end of each of paras. (1), (2), (3), and (5), inserted in
lieu thereof a semicolon, struck out a period at the end of para. (6),
and inserted in lieu thereof ``; and''.
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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; \7\
``(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; \7\
``(4) \8\ `United States',\9\ when used in a
geographical sense, includes Puerto Rico and all
territories and possessions of the United States;
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\8\ 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.).''.
\9\ Sec. 3572 of Public Law 101-647 (104 Stat. 4929) reversed the
comma and quotation mark.
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``(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; \7\
``(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\, \10\
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\10\ 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).
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``(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 \10\
``(8) \10\ `act of espionage' means an activity that
is a violation of--
``(A) section 793, 794, or 798 of this title;
\11\ or
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\11\ 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''.
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``(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 \12\...............................................3071''.
authority of the secretary of state
Sec. 102.\13\ * * *
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\12\ Sec. 803(c) of Public Law 103-359 (108 Stat. 3429) added
reference to espionage.
\13\ Sec. 102 amended the State Department Basic Authorities Act of
1956 by adding a new sec. 36.
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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 \14\ of the House of Representatives on the findings
and recommendations of the Advisory Panel on Security of United
States Missions Abroad.
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\14\ 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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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) \15\ $350,963,000 for the Department of State for
``Administration of Foreign Affairs'', and
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\15\ 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.
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(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 \14\ 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.\16\ * * *
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\16\ Sec. 303 amended sec. 2 of the State Department Basic
Authorities Act of 1956.
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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.
r. 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--
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\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.
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(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--
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\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.
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(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.
s. 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.
t. Interagency Security Committee
Executive Order 12977, October 19, 1995, 60 F.R. 54411, 40 U.S.C. 121
note; amended by Executive Order 13286, February 28, 2003, 68 F.R.
10619
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 Secretary of Homeland Security (``Secretary''); \1\
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\1\ Sec. 23(a) of Executive Order 13286 (68 F.R. 10624) struck out
``the Administrator of General Services (`Administrator')'' and
inserted in lieu thereof ``the Secretary of Homeland Security
(`Secretary')''.
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(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; \2\
---------------------------------------------------------------------------
\2\ Sec. 23(b) and (c) of Executive Order 13286 (68 F.R. 10624)
struck out ``and'' at the end of para. (16); inserted ``and'' at the
end of para. (17); and added para. (18).
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(17) Office of Management and Budget; and \2\
(18) \2\ General Services Administration;
(c) the following individuals or their designees;
(1) the Director, United States Marshals Service;
(2) \3\ the Assistant to the President for National
Security Affairs; and
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\3\ Sec. 23(d) of Executive Order 13286 (68 F.R. 10624) struck out
para. (2) and redesignated paras. (3) and (4) as paras. (2) and (3),
respectively. Former para. (2) had referred to the Assistant
Commissioner of the Federal Protective Service of the Public Buildings
Service, General Services Administration.
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(3) \3\ 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
Secretary,\4\ or the designee of the Secretary.\4\
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\4\ Sec. 23(e) of Executive Order 13286 (68 F.R. 10624) struck out
``Administrator'' and inserted in lieu thereof ``Secretary'' in secs.
2, 5(a)(3)(E), 6(a), and 6(c).
---------------------------------------------------------------------------
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 United
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 Secretary \4\ 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 Secretary,\4\ 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 Secretary,\4\, \5\ shall be
responsible for monitoring Federal agency compliance with the
policies and recommendations of the Committee.
---------------------------------------------------------------------------
\5\ Sec. 23(f) of Executive Order 13286 (68 F.R. 10624) struck out
``acting by and through the Assistant Commissioner,''.
---------------------------------------------------------------------------
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.
u. Further Strengthening the Sharing of Terrorism Information To
Protect Americans
Executive Order 13388, October 25, 2005, 70 F.R. 62023, 6 U.S.C. 485
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458), and in order to
further strengthen the effective conduct of United States
counterterrorism activities and protect the territory, people,
and interests of the United States of America, including
against terrorist attacks, it is hereby ordered as follows:
Section 1. Policy. To the maximum extent consistent with
applicable law, agencies shall, in the design and use of
information systems and in the dissemination of information
among agencies:
(a) give the highest priority to (i) the detection,
prevention, disruption, preemption, and mitigation of the
effects of terrorist activities against the territory, people,
and interests of the United States of America; (ii) the
interchange of terrorism information among agencies; (iii) the
interchange of terrorism information between agencies and
appropriate authorities of State, local, and tribal
governments, and between agencies and appropriate private
sector entities; and (iv) the protection of the ability of
agencies to acquire additional such information; and
(b) protect the freedom, information privacy, and other
legal rights of Americans in the conduct of activities
implementing subsection (a).
Sec. 2. Duties of Heads of Agencies Possessing or Acquiring
Terrorism Information. To implement the policy set forth in
section 1 of this order, the head of each agency that possesses
or acquires terrorism information:
(a) shall promptly give access to the terrorism information
to the head of each other agency that has counterterrorism
functions, and provide the terrorism information to each such
agency, unless otherwise directed by the President, and
consistent with (i) the statutory responsibilities of the
agencies providing and receiving the information; (ii) any
guidance issued by the Attorney General to fulfill the policy
set forth in subsection 1(b) of this order; and (iii) other
applicable law, including sections 102A(g) and (i) of the
National Security Act of 1947, section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (including any
policies, procedures, guidelines, rules, and standards issued
pursuant thereto), sections 202 and 892 of the Homeland
Security Act of 2002, Executive Order 12958 of April 17, 1995,
as amended, and Executive Order 13311 of July 29, 2003; and
(b) shall cooperate in and facilitate production of reports
based on terrorism information with contents and formats that
permit dissemination that maximizes the utility of the
information in protecting the territory, people, and interests
of the United States.
Sec. 3. Preparing Terrorism Information for Maximum
Distribution. To assist in expeditious and effective
implementation by agencies of the policy set forth in section 1
of this order, the common standards for the sharing of
terrorism information established pursuant to section 3 of
Executive Order 13356 of August 27, 2004, shall be used, as
appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 4. Requirements for Collection of Terrorism
Information Inside the United States. To assist in expeditious
and effective implementation by agencies of the policy set
forth in section 1 of this order, the recommendations regarding
the establishment of executive branch-wide collection and
sharing requirements, procedures, and guidelines for terrorism
information collected within the United States made pursuant to
section 4 of Executive Order 13356 shall be used, as
appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 5. Establishment and Functions of Information Sharing
Council.
(a) Consistent with section 1016(g) of the Intelligence
Reform and Terrorism Prevention Act of 2004, there is hereby
established an Information Sharing Council (Council), chaired
by the Program Manager to whom section 1016 of such Act refers,
and composed exclusively of designees of: the Secretaries of
State, the Treasury, Defense, Commerce, Energy, and Homeland
Security; the Attorney General; the Director of National
Intelligence; the Director of the Central Intelligence Agency;
the Director of the Office of Management and Budget; the
Director of the Federal Bureau of Investigation; the Director
of the National Counterterrorism Center; and such other heads
of departments or agencies as the Director of National
Intelligence may designate.
(b) The mission of the Council is to (i) provide advice and
information concerning the establishment of an interoperable
terrorism information sharing environment to facilitate
automated sharing of terrorism information among appropriate
agencies to implement the policy set forth in section 1 of this
order; and (ii) perform the duties set forth in section 1016(g)
of the Intelligence Reform and Terrorism Prevention Act of
2004.
(c) To assist in expeditious and effective implementation
by agencies of the policy set forth in section 1 of this order,
the plan for establishment of a proposed interoperable
terrorism information sharing environment reported under
section 5(c) of Executive Order 13356 shall be used, as
appropriate, in carrying out section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 6. Definitions. As used in this order:
(a) the term ``agency'' has the meaning set forth for the
term ``executive agency'' in section 105 of title 5, United
States Code, together with the Department of Homeland Security,
but includes the Postal Rate Commission and the United States
Postal Service and excludes the Government Accountability
Office; and
(b) the term ``terrorism information'' has the meaning set
forth for such term in section 1016(a)(4) of the Intelligence
Reform and Terrorism Prevention Act of 2004.
Sec. 7. General Provisions. (a) This order:
(i) shall be implemented in a manner consistent with
applicable law, including Federal law protecting the
information privacy and other legal rights of
Americans, and subject to the availability of
appropriations;
(ii) shall be implemented in a manner consistent with
the authority of the principal officers of agencies as
heads of their respective agencies, including under
section 199 of the Revised Statutes (22 U.S.C. 2651),
section 201 of the Department of Energy Organization
Act (42 U.S.C. 7131), section 103 of the National
Security Act of 1947 (50 U.S.C. 403-3), section 102(a)
of the Homeland Security Act of 2002 (6 U.S.C. 112(a)),
and sections 301 of title 5, 113(b) and 162(b) of title
10, 1501 of title 15, 503 of title 28, and 301(b) of
title 31, United States Code;
(iii) shall be implemented consistent with the
Presidential Memorandum of June 2, 2005, on
``Strengthening Information Sharing, Access, and
Integration--Organizational, Management, and Policy
Development Structures for Creating the Terrorism
Information Sharing Environment''
(iv) shall not be construed to impair or otherwise
affect the functions of the Director of the Office of
Management and Budget relating to budget,
administrative, and legislative proposals; and
(v) shall be implemented in a manner consistent with
section 102A of the National Security Act of 1947.
(b) This order is intended only to improve the internal
management of the Federal Government and is not intended to,
and does not, create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party against
the United States, its departments, agencies,
instrumentalities, or entities, its officers, employees, or
agents, or any other person.
Sec. 8. Amendments and Revocation. (a) Executive Order
13311 of July 29, 2003, is amended:
(i) by striking ``Director of Central Intelligence''
each place it appears and inserting in lieu thereof in
each such place ``Director of National Intelligence'';
and
(ii) by striking ``103(c)(7)'' and inserting in lieu
thereof ``102A(i)(1)''.
(b) Executive Order 13356 of August 27, 2004, is hereby
revoked.
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.
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\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; as 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; and 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\
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\1\ Sec. 125 of the Foreign Relations Authorization Act, Fiscal
Year 1979 (Public Law 95-426; 92 Stat. 971), concerned diplomatic and
official passports.
The restriction on the use of U.S. passports for travel to, in, and
through Lebanon was allowed to lapse in 1998. 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).
Effective February 23, 2004, the Secretary of State removed the
restriction on the use of U.S. passports for travel to, in, or through
Libya (Department of State Public Notice 4648; 69 F.R. 10806; March 8,
2004). Such use was initially restricted on December 11, 1981, by
Executive Order 11295 (31 F.R. 10603) and State Department Public
Notice 787 (46 F.R. 60712). The State Department extended the
restriction annually in 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); Public Notice 3164 of November 24, 1999 (64 F.R. 67600); Public
Notice 3488 of November 22, 2000 (65 F.R. 75761); Public Notice 3844 of
December 13, 2001 (66 F.R. 58546); Public Notice 4212 of November 29,
2002 (67 F.R. 71228); and Public Notice 4542 of November 24, 2003 (68
F.R. 65981).
Effective July 14, 2003, the Secretary of State removed the
restriction on the use of U.S. passports for travel to, in, or through
Iraq (Department of State Public Notice 4404; 68 F.R. 43246; July 21,
2003). Such use was initially 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). The State Department extended
the restriction annually in 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); Public Notice
3239 of February 24, 2000 (65 F.R. 12611); Public Notice 3600 of
February 28, 2001 (66 F.R. 14241); Public Notice 3920 of February 13,
2002 (67 F.R. 8572); and by Public Notice 4283 of February 12, 2003 (68
F.R. 8791), as amended by Public Notice 4337 of April 11, 2003 (68 F.R.
18722) and further amended by Public Notice 4366 of May 9, 2003 (68
F.R. 26371).
\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\ The restriction on the use of U.S. passports for travel to, in,
and through Lebanon was allowed to lapse in 1998. 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).
Effective February 23, 2004, the Secretary of State removed the
restriction on the use of U.S. passports for travel to, in, or through
Libya (Department of State Public Notice 4648; 69 F.R. 10806; March 8,
2004). Such use was initially restricted on December 11, 1981, by
Executive Order 11295 (31 F.R. 10603) and State Department Public
Notice 787 (46 F.R. 60712). The State Department extended the
restriction annually in 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); Public Notice 3164 of November 24, 1999 (64 F.R. 67600); Public
Notice 3488 of November 22, 2000 (65 F.R. 75761); Public Notice 3844 of
December 13, 2001 (66 F.R. 58546); Public Notice 4212 of November 29,
2002 (67 F.R. 71228); and Public Notice 4542 of November 24, 2003 (68
F.R. 65981).
Effective July 14, 2003, the Secretary of State removed the
restriction on the use of U.S. passports for travel to, in, or through
Iraq (Department of State Public Notice 4404; 68 F.R. 43246; July 21,
2003). Such use was initially 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). The State Department extended
the restriction annually in 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); Public Notice
3239 of February 24, 2000 (65 F.R. 12611); Public Notice 3600 of
February 28, 2001 (66 F.R. 14241); Public Notice 3920 of February 13,
2002 (67 F.R. 8572); and by Public Notice 4283 of February 12, 2003 (68
F.R. 8791), as amended by Public Notice 4337 of April 11, 2003 (68 F.R.
18722) and further amended by Public Notice 4366 of May 9, 2003 (68
F.R. 26371).
---------------------------------------------------------------------------
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. 50.20 Retention 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, 213, 2651a, 2671(d)(3), 2714,
and 3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp.,
p. 570; Sec. 236 Pub. L. 106-113, 113 Stat. 1501A-430; 18
U.S.C. 1621(a)(2); 42 U.S.C. 652, as amended by sec. 370 Pub.
L. 104-193 and sec. 7303 Pub. L. 109-171
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 Application means the application form for a
United States passport, filled in, subscribed and executed as
prescribed by the Secretary pursuant to 22 U.S.C. 213, and all
documents, photos and statements submitted with the form or
thereafter in support of the application. A person providing
false information as part of a passport application, whether
contemporaneously with the application form or at any other
time, is subject to prosecution for passport fraud or perjury
under all applicable criminal statutes, including but not
limited to 18 U.S.C. 1001, 1541, et seq. and 1621.
(h) 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.
(i) Designated nationality examiner means a person
designated under Sec. 50.1(g) of this subchapter.
(j) Electronic passport means a passport containing an
electronically readable device, an electronic chip, encoded
with the information printed on the data page, a biometric
version of the bearer's photograph, a unique chip number, and a
digital signature to protect the integrity of the stores
information.
[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;
66 F.R. 29906, June 4, 2001; 70 F.R. 61553, Oct. 25, 2005]
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 of validity. The Secretary may limit a
passport's validity period to less than the normal validity
period. The bearer of a limited passport may apply for a
replacement passport, using the proper application, and
submitting the limited passport, applicable fees, photos and
additional documentation, if required, to support the issuance
of a replacement passport.
(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.
(h) Invalidity. A United States passport is invalid
whenever:
(1) The passport has been formally revoked by the
Department; or
(2) The Department has registered a passport reported
either in writing or by telephone to the Department of
State, or in writing to a U.S. passport agency or to a
diplomatic or consular post abroad as lost or stolen.
(3) The Department has sent a written notice to the
bearer at the bearer's last known address that the
passport has been invalidated because the Department
has not received the applicable fees.
(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; 69 F.R. 15670, March 26, 2004; 70 F.R.
53924, Sept. 13, 2005]
Sec. 51.5 [Reserved]
Sec. 51.6 Damaged, mutilated or altered passport.
Any passport which has been materially changed in physical
appearance or composition, or contains a damaged, defective or
otherwise nonfunctioning electronic chip, or which includes
unauthorized changes, obliterations, entries or photographs, or
has observable wear and tear that renders it unfit for further
use as a travel document may be invalidated.
[Amended by 70 F.R. 61553, Oct. 25, 2005]
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. 51.20 General.
An application for a passport, a replacement passport,
extra visa pages, or other passport related service must be
completed upon such forms as the Department may prescribe. 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; 70 F.R.
53924, Sept. 13, 2005]
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, and persons
who are not eligible to apply for a passport under paragraphs
(c) and (d) of this section. Except as provided in
Sec. 51.27(b)(2)(i), a person who has never been issued a
passport in his or her own name, or who has not been issued a
passport for the full validity period of 10 years in his or her
own name within 15 years of the date of a new application, or
who is otherwise not eligible to apply for a passport under
paragraphs (c) and (d) of this section, shall apply for a
passport by appearing 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 as specified in the application, 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 as specified in the
application 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\
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\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 as specified in the application, 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; and
\1\
(3) The most recently issued previous passport is
submitted with the new application.
[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; 66 F.R. 29906, June 4, 2001; 69 F.R.
15670, March 26, 2004]
Sec. 51.22 [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 as 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; 69 F.R. 15671,
March 26, 2004]
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) Minors 14
years of age and above. A minor aged 14 and above is required
to 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 a case, it must be executed on
behalf of the minor aged 14 and above by a parent or guardian
of the minor or by a person in loco parentis.
(2) Minors under the age of 14. (i) Minors under 14 years
of age applying for a passport shall appear in person, unless
the personal appearance of the minor is specifically waived by
a senior passport specialist at the issuing passport agency in
the United States, or by a senior consular officer at the
issuing overseas consular office, pursuant to guidance issued
by the Department of State. In cases where such a waiver is
granted, the person executing the passport application on
behalf of the minor shall appear in person and verify the
application by oath or affirmation before a person authorized
by the Secretary to give oaths unless, in the case of
applications received overseas, these requirements are also
waived by a senior consular officer, pursuant to guidance
issued by the Department of State.
(ii) Except as specifically provided in this section, both
parents or each of the child's legal guardians, if any, whether
applying for a passport for the first time or for a renewal,
must execute the application on behalf of a minor under age 14
under penalty of perjury, and provide documentary evidence of
parentage showing the minor's name, date and place of birth,
and the names of the parent or parents.
(iii) A passport application may be executed on behalf of a
minor under age 14 by just one parent or legal guardian if such
person provides, under penalty of perjury:
(A) Documentary evidence that such person is the sole
parent or has sole custody of the child; or
(B) A notarized written statement or notarized
affidavit from the non-applying parent or guardian, if
applicable, to the issuance of the passport.
(iv) An individual may apply in loco parentis on behalf of
a minor under age 14 by submitting a notarized written
statement or a notarized affidavit from both parents
specifically authorizing the application. However, if only one
parent provides the notarized written statement or notarized
affidavit, documentary evidence that such parent has sole
custody of the child must be presented.
(v) Documentary evidence in support of an application
executed on behalf of a minor under age 14 by one parent or
person in loco parentis under paragraphs (b)(2)(ii) and (iii)
of this section may include, but is not limited to, the
following:
(A) A birth certificate providing the minor's name,
date and place of birth and the name of the sole
parent;
(B) A Consular Report of Birth Abroad of a Citizen of
the United States of America (FS-240) or a Certificate
of Report of Birth of a United States Citizen (DS-1350)
providing the minor's name, date and place of birth and
the name of the sole parent;
(C) An adoption decree showing only one adopting
parent;
(D) An order of a court of competent jurisdiction
granting sole custody to the applying parent or legal
guardian and containing no travel restrictions
inconsistent with issuance of the passport;
(E) A judicial declaration of incompetence of the
non-applying parent;
(F) An order of a court of competent jurisdiction
specifically permitting the applying parent's or
guardian's travel with the child;
(G) A death certificate for the non-applying parent;
or
(H) A copy of a Commitment Order or comparable
document for an incarcerated parent.
(vi) In instances when a parent submits a custody decree
invoking the provisions of paragraph (d)(1) of this section,
the judicial limitations on the minor's ability to travel
contained in the custody decree will be given effect.
(vii) The requirements of paragraphs (b)(2)(i), (ii) and
(iii) of this section may be waived in cases of exigent or
special family circumstances, as determined by a Department
official designated under paragraph (b)(2)(vi)(E) of this
section.
(A) Exigent circumstances are defined as time-
sensitive circumstances in which the inability of the
minor to obtain a passport would jeopardize the health
and safety or welfare of the minor or would result in
the child being separated from the rest of his or her
traveling party.
(B) ``Time-sensitive'' generally means that there is
not enough time before the minor's emergency travel to
obtain either the required consent of both parents/
guardians or documentation reflecting a sole parent's/
guardian's custody rights.
(C) Special family circumstances are circumstances in
which the minor's family situation makes it impossible
for one or both of the parents to execute the passport
application.
(D) A parent applying for a passport for a child
under age 14 under this paragraph (b)(2)(vi) must
submit with the application a written statement
subscribed under penalty of perjury describing the
exigent or special family circumstances the parent
believes should be taken into consideration in applying
an exception.
(E) Determinations under this paragraph (b)(2)(vi)
may be made by a senior passport adjudicator or the
Deputy Assistant Secretary for Passport Services for an
application filed within the United States, or a
consular officer or the Deputy Assistant Secretary for
Overseas Citizens Services for an application filed
abroad.
(viii) Nothing contained in this section shall prohibit any
Department official adjudicating a passport application on
behalf of a minor from requiring an applicant to submit other
documentary evidence deemed necessary to establish the applying
adult's entitlement to obtain a passport on behalf of a minor
under the age of 14 in accordance with the provisions of this
regulation.
(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 under age 18, a passport may be denied if the Department
has on file, or is provided in the course of a passport
application executed on behalf of a minor, a copy of a court
order from 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; 66 F.R. 29906, June 4, 2001; 69
F.R. 15671, March 26, 2004; 69 F.R. 60813, Oct. 13, 2004; 69
F.R. 67053, Nov. 16, 2004]
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.
Except for the convenience of the U.S. Government, no
passport will be amended.
[SD-165 46 F.R. 2343, Jan. 9, 1981; as amended by 70 F.R.
53924, Sept. 13, 2005]
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 is a
national 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; 66 F.R.
29907, June 4, 2001]
Sec. 51.41 Documentary evidence.
Every application shall be accompanied by evidence of the
U.S. nationality of the applicant.
[Amended at 66 F.R. 29907, June 4, 2001]
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 own 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 between 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
Sec. 51.60 Form of remittance.
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 the age of the applicant. The passport
application fee shall be paid by all 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. A person who is
denied a passport may request that the application be
reconsidered without payment of an additional fee upon the
submission, within 90 days after the date of the denial, of
documentation not previously presented that is sufficient to
establish citizenship or entitlement to a passport.
(b) A surcharge of six dollars on the filing of each
application for a passport in order to cover the costs of
meeting the increased demand for passports as a result of
actions taken to comply with section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1165 note). The surcharge will be recovered by the
Department of State from within the passport fee reflected in
Schedule of Consular Fees. The surcharge will be imposed until
October 1, 2010.
(c) 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 application fee at the time
of application and is not refundable (see Sec. 51.65). When
execution services are provided by an official of a state or
local government or of the United States Postal Service, the
fee may be retained by that entity to cover the costs of
service pursuant to an appropriate agreement with the
Department of State.
(d) A fee for expedited services, if any, provided pursuant
to Sec. 51.66.
[63 F.R. 5103, January 30, 1998, as amended at 65 F.R. 14212,
March 16, 2000; 67 F.R. 34838, May 16, 2002; 71 F.R. 46396,
Aug. 14, 2006]
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 may issue a replacement passport
for the following reasons without payment of applicable fees:
(a) To correct an error or rectify a mistake of the
Department.
(b) When the bearer has changed his or her name or other
personal identifier listed on the data page of the passport,
and applies for a replacement passport within one year of the
date of the passport's original issuance.
(c) When the bearer of an emergency full fee passport
issued for a limited validity period applies for a full
validity passport within one year of the date of the passport's
original issuance.
(d) When a passport is retained by law enforcement or the
judiciary for evidentiary purposes and the bearer is still
eligible to have a passport.
(e) When a passport is issued for the balance of the
original validity period to replace a passport with a failed
electronic chip.
[31 F.R. 13540, Oct. 20, 1966; redesignated at 63 F.R. 5103,
Jan. 30, 1998; as amended by 70 F.R. 53924, Sept. 13, 2005; 70
F.R. 61553, Oct. 25, 2005]
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, replacement 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; 70 F.R. 53925, Sept.
13, 2005]
Subpart E--Limitation on Issuance or Use 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 $2,500.00.
(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; 71 F.R. 58496, Oct. 4, 2006]
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--PASSPORT REQUIREMENT AND EXCEPTIONS
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; 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; Public Law 109-167 [Passport Services Enhancement
Act of 2005; H.R. 4501], 119 Stat. 3578, approved January 10, 2006; and
Public Law 109-210 [S. 1184], 120 Stat. 319, approved March 24, 2006
(a) There shall be collected and paid \2\ 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) \3\
and a fee, prescribed by the Secretary of State by regulation,
for executing each such application; \4\ 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\, \6\ Such fees
shall not be refundable, except as the Secretary may by
regulation prescribe.\7\ 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, widower, child, parent, grandparent,
brother, or sister of a deceased member of the Armed Forces
proceeding abroad to visit the grave of such member or to
attend a funeral or memorial service for such member.\8\ 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.
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\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. 1501A-426), 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. 1(1) of the Passport Services Enhancement Act of 2005
(Public Law 109-167; 119 Stat. 3578) struck out ``There shall be
collected and paid'' and inserted in lieu thereof ``(a) There shall be
collected and paid''.
\3\ 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. 1501A-426), 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.
\4\ 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. 1501A-426), 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.
\5\ 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''.
\6\ 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.''.
\7\ 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. 1501A-426), 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.
\8\ Sec. 1 of Public Law 109-210 (120 Stat. 319) struck out ``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''
and inserted in lieu thereof ``or from a widow, widower, child, parent,
grandparent, brother, or sister of a deceased member of the Armed
Forces proceeding abroad to visit the grave of such member or to attend
a funeral or memorial service for such member''.
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(b) \9\ (1) The Secretary of State may by regulation
establish and collect a surcharge on applicable fees for the
filing of each application for a passport in order to cover the
costs of meeting the increased demand for passports as a result
of actions taken to comply with section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note). Such surcharge shall
be in addition to the fees provided for in subsection (a) and
in addition to the surcharges or fees otherwise authorized by
law and shall be deposited as an offsetting collection to the
appropriate Department of State appropriation, to remain
available until expended for the purposes of meeting such
costs.
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\9\ Sec. 1(2) of the Passport Services Enhancement Act of 2005
(Public Law 109-167; 119 Stat. 3578) added subsec. (b).
---------------------------------------------------------------------------
(2) The authority to collect the surcharge provided under
paragraph (1) may not be exercised after September 30, 2010.
(3) The Secretary of State shall ensure that, to the extent
practicable, the total cost of a passport application during
fiscal years 2006 and 2007, including the surcharge authorized
under paragraph (1), shall not exceed the cost of the passport
application as of December 1, 2005.
(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 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.
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\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; and
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\
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\1\ See also ``Privileges and Immunities'' in Legislation on
Foreign Relations Through 2005, vol. II-B.
\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.
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(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.
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\4\ Sec. 707(b) of Public Law 95-426 (92 Stat. 992) amended and
restated subsec. (b).
\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).
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(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.
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\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.
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(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.
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\7\ Sec. 707(c) of Public Law 95-426 (92 Stat. 993) struck out
``proclamation,'' before ``rule''.
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(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; as amended by Public Law 82-
414 [Immigration and Nationality Act; H.R. 5678], 66 Stat. 275,
approved June 27, 1952; Public Law 94-550 [H.R. 15531], 90 Stat. 2354,
approved October 18, 1976; Public Law 99-603 [Immigration Reform and
Control Act of 1986; S. 1200], 100 Stat. 3359, approved November 6,
1986; Public Law 100-525 [Immigration Technical Corrections Act of
1988; S. 2479], 102 Stat. 2609, approved October 24, 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
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; Public Law 104-294 [Economic Espionage Act of 1996;
H.R. 3723], 110 Stat. 3488, approved October 11, 1996; and by Public
Law 107-273 [21st Century Department of Justice Appropriations
Authorization Act; H.R. 2215], 116 Stat. 1758, approved November 2,
2002
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
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\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''.
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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 facilitate \2\
such an act of international terrorism or a drug trafficking
crime), or 15 years (in the case of any other offense),\3\ or
both.
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\2\ Sec. 4002(a)(3) of Public Law 107-273 (116 Stat. 1806) struck
out ``to facility'' and inserted in lieu thereof ``to facilitate'' in
secs. 1541 through 1544 and sec. 1546(a).
\3\ 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.
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For \4\ 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.
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\4\ Sec. 607(n)(2) of the Economic Espionage Act of 1996 (Public
Law 104-294; 110 Stat. 3512) added this paragraph.
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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 facilitate \2\
such an act of international terrorism or a drug trafficking
crime), or 15 years (in the case of any other offense),\5\ or
both.
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\5\ 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 ten 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.
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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 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 facilitate \2\
such an act of international terrorism or a drug trafficking
crime), or 15 years (in the case of any other offense),\5\ 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 facilitate \2\
such an act of international terrorism or a drug trafficking
crime), or 15 years (in the case of any other offense),\5\ 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,\6\ or
both.
---------------------------------------------------------------------------
\6\ 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.\7\
---------------------------------------------------------------------------
\7\ Public Law 99-603, as amended by Public Law 100-525, struck out
``Other Entry Documents'' and inserted in lieu thereof ``Other
Documents'' in the section catchline.
The Act of June 27, 1952, made this section applicable to entry
documents other than visas and permits.
---------------------------------------------------------------------------
(a) \8\ 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,\9\ 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,\9\ 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
---------------------------------------------------------------------------
\8\ Public Law 99-603, as amended by Public Law 100-525, designated
existing text as subsec. (a), and added subsecs. (b) and (c).
\9\ Public Law 99-603, as amended by Public Law 100-525, struck out
``or other document required for entry into the United States'' and
``or document'' and inserted in lieu thereof in each instance ``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''.
---------------------------------------------------------------------------
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,\10\ 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-- \11\
---------------------------------------------------------------------------
\10\ 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''.
\11\ 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''.
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Shall be fined under this title \12\ 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
facilitate \2\ such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense),\13\ or both.
---------------------------------------------------------------------------
\12\ 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, had
struck out ``not more than $2,000'' and inserted in lieu thereof ``in
accordance with this title''.
\13\ 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 ``ten
years''.
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(b) \8\ 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,\14\ or both.
---------------------------------------------------------------------------
\14\ 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''.
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(c) \8\ 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.\15\ 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.\16\
---------------------------------------------------------------------------
\15\ Public Law 91-452 (84 Stat. 933) was repealed by sec. 1209(b)
of Public Law 98-473.
\16\ Sec. 607(m) of the Economic Espionage Act of 1996 (Public Law
104-294; 110 Stat. 3512) added this sentence.
(2) Statute of Limitations
18 U.S.C. 3291, as added by Public Law 82-65 [H.R. 2396], 65 Stat. 107,
approved June 30, 1951; as amended by Public Law 103-322 [H.R. 3355],
108 Stat. 1796, approved September 13, 1994
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. International Religious Freedom Act of 1998
Public Law 105-292 [H.R. 2431], 112 Stat. 2787, approved October 27,
1998; as amended by Public Law 106-55 [S. 1546], 113 Stat. 401,
approved August 17, 1999; 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; Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002; and Public Law 108-332 [Global
Anti-Semitism Review Act of 2004; S. 2292], 118 Stat. 1282, approved
October 16, 2004
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''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6401 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents........................... 1263
Sec. 2. Findings; policy......................................... 1264
Sec. 3. Definitions.............................................. 1266
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International Religious Freedom; Ambassador
at Large for International Religious Freedom................... 1268
Sec. 102. Reports................................................ 1269
Sec. 103. Establishment of a religious freedom Internet site..... 1272
Sec. 104. Training for Foreign Service officers.................. 1272
Sec. 105. High-level contacts with nongovernmental organizations. 1272
Sec. 106. Programs and allocations of funds by United States
missions abroad................................................ 1272
Sec. 107. Equal access to United States missions abroad for
conducting religious activities................................ 1273
Sec. 108. Prisoner lists and issue briefs on religious freedom
concerns....................................................... 1273
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
Sec. 201. Establishment and composition.......................... 1274
Sec. 202. Duties of the Commission............................... 1277
Sec. 203. Powers of the Commission............................... 1278
Sec. 204. Commission personnel matters........................... 1278
Sec. 205. Report of the Commission............................... 1279
Sec. 206. Applicability of other laws............................ 1280
Sec. 207. Authorization of appropriations........................ 1280
Sec. 208. Standards of conduct and disclosure.................... 1280
Sec. 209. Termination............................................ 1282
TITLE III--NATIONAL SECURITY COUNCIL
Sec. 301. Special Adviser on International Religious Freedom..... 1282
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.............................................. 1283
Sec. 402. Presidential actions in response to particularly severe
violations of religious freedom................................ 1284
Sec. 403. Consultations.......................................... 1287
Sec. 404. Report to Congress..................................... 1288
Sec. 405. Description of Presidential actions.................... 1289
Sec. 406. Effects on existing contracts.......................... 1291
Sec. 407. Presidential waiver.................................... 1291
Sec. 408. Publication in Federal Register........................ 1291
Sec. 409. Termination of Presidential actions.................... 1292
Sec. 410. Preclusion of judicial review.......................... 1292
Subtitle II--Strengthening Existing Law
Sec. 421. United States assistance............................... 1292
Sec. 422. Multilateral assistance................................ 1293
Sec. 423. Exports of certain items used in particularly severe
violations of religious freedom................................ 1293
TITLE V--PROMOTION OF RELIGIOUS FREEDOM
Sec. 501. Assistance for promoting religious freedom............. 1293
Sec. 502. International broadcasting............................. 1293
Sec. 503. International exchanges................................ 1293
Sec. 504. Foreign Service awards................................. 1294
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 601. Use of Annual Report................................... 1294
Sec. 602. Reform of refugee policy............................... 1294
Sec. 603. Reform of asylum policy................................ 1295
Sec. 604. Inadmissibility of foreign government officials who
have engaged in particularly severe violations of religious
freedom........................................................ 1296
Sec. 605. Studies on the effect of expedited removal provisions
on asylum claims............................................... 1296
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Business codes of conduct.............................. 1297
SEC. 2.\2\ FINDINGS; POLICY.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6401.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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; \6\
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\6\ Sec. 6(b) of the Global Anti-Semitism Review Act of 2004
(Public Law 108-332; 118 Stat. 1285) struck out ``and'' at the end of
clause (ii), struck out a period at the end of clause (iii) and
inserted in lieu thereof ``; and'', and added a new clause (iv). The
amendments entered into effect, pursuant to sec. 6(c), ``beginning with
the first report under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section
102(b) of the International Religious Freedom Act of 1998 (22 U.S.C.
6312(b)) submitted more than 180 days after the date of the enactment
of this Act.''.
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(iii) particularly severe violations
of religious
freedom engaged in or tolerated by the
government of that country; and \6\
(iv) \6\ wherever applicable, an
assessment and description of the
nature and extent of acts of anti-
Semitism and anti-Semitic incitement
that occur in that country during the
preceding year, including--
(I) acts of physical violence
against, or harassment of,
Jewish people, acts of violence
against, or vandalism of,
Jewish community institutions,
and instances of propaganda in
government and nongovernment
media that incite such acts;
and
(II) the actions taken by the
government of that country to
respond to such violence and
attacks or to eliminate such
propaganda or incitement, to
enact and enforce laws relating
to the protection of the right
to religious freedom of Jewish
people, and to promote anti-
bias and tolerance education.
(B) \7\ 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, including
policies that discriminate against particular
religious groups or members of such groups,\8\
and the existence of government policies
concerning--
---------------------------------------------------------------------------
\7\ Sec. 598 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (Public Law 108-199; 118
Stat. 210), provided the following:
---------------------------------------------------------------------------
``religious freedom report
---------------------------------------------------------------------------
``Sec. 598. The assessment and description of violations of
religious freedom contained in the report required by section
102(b)(1)(B) of the International Religious Freedom Act of 1998 (22
U.S.C. 6412(b)(1)(B)) shall include a description of persecution
targeted at specific religions, including acts of anti-Semitism, by
individuals or organizations designated as terrorist organizations by
the Secretary of State under section 219 of the Immigration and
Nationality Act, as amended.''.
\8\ Sec. 681(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1408), inserted ``including
policies that discriminate against particular religious groups or
members of such groups,'' after ``the existence of government policies
violating religious freedom,''.
---------------------------------------------------------------------------
(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.\9\ 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.
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\9\ 22 U.S.C. 6413.
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SEC. 104.\10\ 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: * * *
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\10\ Added sec. 708 to the Foreign Service Act of 1980 (at 22
U.S.C. 4028).
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SEC. 105.\11\ 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.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 6414.
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SEC. 106.\12\ PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES
MISSIONS ABROAD.
It is the sense of the Congress that--
---------------------------------------------------------------------------
\12\ 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.\13\ 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.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 6416.
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(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.\14\ 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.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 6417.
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(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.\15\ ESTABLISHMENT AND COMPOSITION.
(a) In General.--There is established the United States
Commission on International Religious Freedom.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 6431.
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(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 \16\ 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.
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\16\ 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 \17\ 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.\18\ Members
of the Commission shall be eligible for reappointment to a
second term.
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\17\ 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''.
\18\ 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.''.
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(2) \19\ Establishment of staggered terms.--
---------------------------------------------------------------------------
\19\ Sec. 681(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1408), added para. (2).
---------------------------------------------------------------------------
(A) In general.--Notwithstanding paragraph
(1), members of the Commission appointed to
serve on the Commission during the period May
15, 2003, through May 14, 2005, shall be
appointed to terms in accordance with the
provisions of this paragraph.
(B) Presidential appointments.--Of the three
members of the Commission appointed by the
President under subsection (b)(1)(B)(i), two
shall be appointed to a 1-year term and one
shall be appointed to a 2-year term.
(C) Appointments by the president pro tempore
of the senate.--Of the three members of the
Commission appointed by the President pro
tempore of the Senate under subsection
(b)(1)(B)(ii), one of the appointments made
upon the recommendation of the leader in the
Senate of the political party that is not the
political party of the President shall be
appointed to a 1-year term, and the other two
appointments under such clause shall be 2-year
terms.
(D) Appointments by the speaker of the house
of representatives.--Of the three members of
the Commission appointed by the Speaker of the
House of Representatives under subsection
(b)(1)(B)(iii), one of the appointments made
upon the recommendation of the leader in the
House of the political party that is not the
political party of the President shall be to a
1-year term, and the other two appointments
under such clause shall be 2-year terms.
(E) Appointments to 1-year terms.--The term
of each member of the Commission appointed to a
1-year term shall be considered to have begun
on May 15, 2003, and shall end on May 14, 2004,
regardless of the date of the appointment to
the Commission. Each vacancy which occurs upon
the expiration of the term of a member
appointed to a 1-year term shall be filled by
the appointment of a successor to a 2-year
term.
(F) Appointments to 2-year terms.--Each
appointment of a member to a two-year term
shall identify the member succeeded thereby,
and each such term shall end on May 14 of the
year that is at least two years after the
expiration of the previous term, regardless of
the date of the appointment to the Commission.
(d) Election of Chair.--At the first meeting of the
Commission after May 30 of each \20\ year, a majority of the
members of the Commission present and voting shall elect the
Chair of the Commission.
---------------------------------------------------------------------------
\20\ Sec. 681(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409), struck out ``in each
calendar'' and inserted in lieu thereof ``after May 30 of each''.
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(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. A member may serve after the
expiration of that member's term until a successor has taken
office. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that
term.\21\
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\21\ Sec. 681(d) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409), added ``A member may
serve after the expiration of that member's term until a successor has
taken office. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of that term.''.
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(h) \22\ 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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\22\ Sec. 1(a)(3) of Public Law 106-55 (113 Stat. 401) amended and
restated subsec. (h). It previously read as follows:
``(h) 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.\23\ DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall have as its primary
responsibility--
---------------------------------------------------------------------------
\23\ 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) \24\ * * * [Repealed--1999]
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\24\ Sec. 1(b)(1) of Public Law 106-55 (113 Stat. 401) struck out
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.''.
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SEC. 203.\25\ 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.
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\25\ 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.\26\ 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.
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\26\ 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.\27\ 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.
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\27\ 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.\28\ APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
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\28\ 22 U.S.C. 6434. Redesignated from sec. 204 by sec. 1(b)(2) of
Public Law 106-55 (113 Stat. 401).
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SEC. 207.\29\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission $3,000,000 for the fiscal year 2003 \30\ to
carry out the provisions of this title.\31\
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\29\ 22 U.S.C. 6435. Redesignated from sec. 205 by sec. 1(b)(2) of
Public Law 106-55 (113 Stat. 401).
\30\ Sec. 681(e) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409), inserted ``for the
fiscal year 2003'' after ``$3,000,000''.
\31\ 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.''.
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(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.\32\ 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.
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\32\ 22 U.S.C. 6435a. Added by sec. 1(b)(5) of Public Law 106-55
(113 Stat. 403).
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(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
procure temporary and intermittent services under the
authority of section 3109(b) of title 5, United States
Code, except that the Commission may not expend more
than $100,000 in any fiscal year to procure such
services.\33\
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\33\ Sec. 681(f) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409), amended and restated
this sentence, which previously read as follows: ``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.''.
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(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.\34\ TERMINATION.
The Commission shall terminate on September 30, 2011.\35\
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\34\ 22 U.S.C. 6436. Redesignated from sec. 206 by sec. 1(b)(2) of
Public Law 106-55 (113 Stat. 401).
\35\ Sec. 681(g) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409), struck out ``May 14,
2003'' and inserted in lieu thereof ``September 30, 2011''. Previously,
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.\36\ 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:
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\36\ See Legislation on Foreign Relations Through 2005, 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.\37\ PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF
RELIGIOUS FREEDOM.
(a) Response to violations of religious freedom.--
---------------------------------------------------------------------------
\37\ 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.\38\ PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) Response to Particularly Severe Violations of
Religious Freedom.--
---------------------------------------------------------------------------
\38\ 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) \39\ 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):
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\39\ Sec. 2(1) of Public Law 106-55 (113 Stat. 405) struck out
``and (4)'' and inserted in lieu thereof ``(4), and (5)''.
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(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) \40\ 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--
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\40\ 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 \41\
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\41\ 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).
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(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.\41\
(5) \41\ 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.\42\ 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.
---------------------------------------------------------------------------
\42\ 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.\43\ 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:
---------------------------------------------------------------------------
\43\ 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.\44\ 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:
---------------------------------------------------------------------------
\44\ 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.\45\ EFFECTS ON EXISTING CONTRACTS.
The President shall not be required to apply or maintain
any Presidential action under this subtitle--
---------------------------------------------------------------------------
\45\ 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.\46\ 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--
---------------------------------------------------------------------------
\46\ 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.\47\ PUBLICATION IN FEDERAL REGISTER.
(a) In General.--Subject to subsection (b), the President
shall cause to be published in the Federal Register the
following:
---------------------------------------------------------------------------
\47\ 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.\48\ 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:
---------------------------------------------------------------------------
\48\ 22 U.S.C. 6449.
---------------------------------------------------------------------------
(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.\49\ 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.
---------------------------------------------------------------------------
\49\ 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--* * * \50\
---------------------------------------------------------------------------
\50\ For amended text, see Legislation on Foreign Relations Through
2005, 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: * * * \50\
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: * * * \51\
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\51\ For amended text, see Legislation on Foreign Relations Through
2005, vol. III.
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SEC. 423.\52\ 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.
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\52\ 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.\53\ ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.
(a) Findings.--Congress makes the following findings:
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\53\ 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.\54\ 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.
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\54\ 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
\55\ 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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\55\ 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. 1501A-432), 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) \56\ 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.
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\56\ 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. 1501A-432), 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.\57\ 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.
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\57\ 22 U.S.C. 6473.
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(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) \58\ 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.
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\58\ 8 U.S.C. 1182 note.
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SEC. 605.\59\ 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.
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\59\ 22 U.S.C. 6474.
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(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.\60\ 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.
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\60\ 22 U.S.C. 6481.
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(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.
6. 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; 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; Public Law 105-277 [Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 112
Stat. 2681, approved October 21, 1998; and Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002
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.
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\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 subsec.
designation ``(a)'' and added subsec. (b).
\4\ Sec. 106(a) of the Foreign Relations Authorization Act, Fiscal
Year 1978 (91 Stat. 845) struck out ``pursuant to'' in subsec. (a) and
``under authority of'' in subsec. (b), and inserted in lieu thereof in
each instance ``to carry out''.
\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:
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``sec. 134. property agreements.
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``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) 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), inserted
``and without regard to section 3648 of the Revised Statutes of the
United States (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 fiscal 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
``subject to the direction of the commission''.
\14\ Sec. 2 of Public Law 82-399 (66 Stat. 140) inserted ``in
amounts authorized by the 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.
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\15\ Sec. 2 of Public Law 82-399 (66 Stat. 140) added subsec. (b).
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(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.
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\16\ Sec. 49 of Public Law 86-723 (74 Stat. 847) added subsec. (c).
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(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--
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\17\ Sec. 1 of Public Law 88-94 (77 Stat. 121) added para. (1).
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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. Public Law 95-45 repealed subsec. (h)(1)(F).
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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\ Sec. 1 of Public Law 88-94 (77 Stat. 121) added para. (2);
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\ Public Law 89-22 (79 Stat. 112) added subsec. (e); 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\ Sec. 1(3) of Public Law 89-636 (80 Stat. 881) added subsec.
(f). 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\ Public Law 93-47 redesignated former subsec. (g) as subsec.
(h) and added this subsec. (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;
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\23\ Sec. 171(a)(1) of Public Law 94-141 struck out ``$2,190,000''
and inserted in lieu thereof ``$850,000''.
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(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;
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\24\ Sec. 171(a)(2) of Public Law 94-141 struck out ``$375,000''
and inserted in lieu thereof ``$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 in lieu thereof ``$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 in lieu thereof ``$1,243,000''.
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(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 in lieu thereof ``$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 in lieu thereof
``$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;
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\30\ Sec. 3 of Public Law 95-45 (91 Stat. 221) struck out subparas.
(A) through (G) and inserted the new subparas. (A) through (E).
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(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.
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\31\ Sec. 109(1) of the Foreign Relations Authorization Act, Fiscal
Year 1977 (Public Law 94-350), struck out ``$71,600,000'' and inserted
in lieu thereof ``$73,058,000''.
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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.
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\32\ Sec. 1(3) of Public Law 89-636 (80 Stat. 881) added this
subsec., subsequently redesignated as 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).
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\33\ Public Law 93-47 added para. (2); amended and restated 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.
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\34\ Public Law 93-47 added para. (3).
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(j) \35\ * * * [Repealed--1994]
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\35\ Subsec. (j), added by sec. 109(2) of the Foreign Relations
Authorization Act, Fiscal Year 1977 (Public Law 94-350), authorizing
$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.
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\36\ 22 U.S.C. 296. Sec. 3 of Public Law 82-399 (66 Stat. 140)
amended and restated sec. 5.
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Sec. 6.\37\ The authority granted to acquire sites and
buildings by purchase or otherwise shall include authority to
acquire leaseholds.\38\
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\37\ 22 U.S.C. 297. Sec. 4 of Public Law 82-399 (66 Stat. 140)
amended and restated sec. 6.
\38\ Sec. 106(b) of the Foreign Relations Authorization Act, Fiscal
Year 1978, struck out ``of not less than ten years'' 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.
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Sec. 9.\41\ (a) The Secretary of State is authorized--
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\41\ 22 U.S.C. 300. Public Law 79-33 (59 Stat. 53) added sec. 9;
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 the
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\ Sec. 401(h)(2) of Public Law 99-399 (100 Stat. 863) added
subsec. (c).
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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.
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\44\ 22 U.S.C. 301. Sec. 4 of Public Law 89-636 (80 Stat. 882)
added sec. 10. Sec. 115(b) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655) inserted
subsec. designation ``(a)'', the subsec. heading, and subsec. (b).
\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.
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(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
or at a United States diplomatic or consular establishment
abroad,\48\ 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.
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\48\ Sec. 206(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1364) inserted ``or at a
United States diplomatic or consular establishment abroad'' after
``United States''.
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(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.\49\ 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.
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\49\ 22 U.S.C. 303. 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) added sec. 12.
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 \1\
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''.
---------------------------------------------------------------------------
\1\ Sec. 214 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1365), provided the following:
---------------------------------------------------------------------------
``sec. 214. united states policy with respect to jerusalem as the capital
of israel.
---------------------------------------------------------------------------
``(a) Congressional Statement of Policy.--The Congress maintains
its commitment to relocating the United States Embassy in Israel to
Jerusalem and urges the President, pursuant to the Jerusalem Embassy
Act of 1995 (Public Law 104-45; 109 Stat. 398), to immediately begin
the process of relocating the United States Embassy in Israel to
Jerusalem.
``(b) Limitation on Use of Funds for Consulate in Jerusalem.--None
of the funds authorized to be appropriated by this Act may be expended
for the operation of a United States consulate or diplomatic facility
in Jerusalem unless such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
``(c) Limitation on Use of Funds for Publications.--None of the
funds authorized to be appropriated by this Act may be available for
the publication of any official government document which lists
countries and their capital cities unless the publication identifies
Jerusalem as the capital of Israel.
``(d) Record of Place of Birth as Israel for Passport Purposes.--
For purposes of the registration of birth, certification of
nationality, or issuance of a passport of a United States citizen born
in the city of Jerusalem, the Secretary shall, upon the request of the
citizen or the citizen's legal guardian, record the place of birth as
Israel.''.
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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.
7. 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;
Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years
1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990;
and Public Law 107-228 [Foreign Relations Authorization Act, Fiscal
Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30, 2002
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: (a)
\1\ 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 \2\ 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,\3\ upon such terms
and conditions as the Secretary \4\ may prescribe. Every lease,
contract of sale, deed, and other document of transfers shall
provide (1) \1\ that the foreign government shall devote the
property transferred to use for legation purposes, or (2) \1\
that the international organization shall devote the property
transferred to its official uses.
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\1\ Sec. 207 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1364) redesignated clauses (a)
and (b) as clauses (1) and (2), inserted subsec. designation ``(a)'',
and added new subsecs. (b) and (c).
\2\ Sec. 1(1) of Public Law 97-186 (96 Stat. 101) struck out ``sell
or lease'' and inserted in lieu thereof ``develop in coordination with
the Administrator of General Services for, or to sell, exchange, or
lease''.
\3\ Sec. 1(2) of Public Law 97-186 (96 Stat. 101) struck out ``Van
Ness Street, Reno Road, and Tilden Street'' and inserted in lieu
thereof ``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''.
\4\ Sec. 1(3) of Public Law 97-186 (96 Stat. 101) struck out ``he''
and inserted in lieu thereof ``the Secretary''.
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(b) \1\ There is established in the Treasury of the United
States an account into which may be deposited funds provided as
advance payments pursuant to subsection (a).
(c) \1\ The Secretary of State may request the Secretary of
the Treasury to invest such portion of the funds deposited in
that account as is not, in the judgment of the Secretary of
State, required to meet the current needs of the account. Such
investments shall be made by the Secretary of the Treasury in
public debt securities with maturities suitable to the needs of
the account, as determined by the Secretary of State, and
bearing interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
Sec. 2.\5\ 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,\6\
is authorized to design, construct, and equip a headquarters
building or related facilities on property described in \6\ the
first section of this Act.
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\5\ Sec. 2 of Public Law 97-186 (96 Stat. 101) amended and restated
sec. 2.
\6\ Sec. 124(1) of Public Law 99-93 (99 Stat. 415) 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.\7\ 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.
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\7\ Sec. 3 of Public Law 97-186 (96 Stat. 101) struck out original
sec. 3, and redesignated secs. 4 through 6 as secs. 3 through 5. That
Act, furthermore, amended and restated the first sentence of the
redesignated sec. 3. Original sec. 3 read as follows:
``Sec. 3. The Secretary of State is hereby authorized to transfer
or convey to the Organization of American States, without monetary
consideration, all right, title, and interest of the United States in
and to the property known as lot 800 in square south 173 in the
District of Columbia and the buildings and other improvements on such
property for use by the Organization of American States.''.
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Sec. 4.\7\, \8\ (a) The demolition or removal of
existing structures, site preparation, and the \9\
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,\10\ (4) the
fire alarm system, (5) \11\ other utilities, (6) facilities for
security maintenance, and (7) \11\ related improvements
necessary to accomplish the purposes of this Act, which are
within or contiguous to \12\ 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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\8\ Sec. 124(2)(A) of Public Law 99-93 (99 Stat. 415) redesignated
subsecs. (a) through (e) as clauses (1) through (5), respectively, and
redesignated subsec. (f) as clause (7). Sec. 124(2)(B) of that Act
inserted subsec. designation ``(a)'' after ``Sec. 4.''. Sec. 124(2)(C)
of that Act struck out ``and'' at the end of clause (5), as
redesignated, and added clause (6).
\9\ Sec. 4(1) of Public Law 97-186 (96 Stat. 101) inserted
``demolition or removal of existing structures, site preparation, and
the'' after ``The''.
\10\ Sec. 4(2) of Public Law 97-186 (96 Stat. 101) struck out
``and'' at this point.
\11\ Sec. 4(3) of Public Law 97-186 (96 Stat. 101) added clauses
(e) and (f), later redesignated as clauses (5) and (7) by sec.
124(2)(A) of Public Law 99-93 (99 Stat. 415).
\12\ Sec. 4(4) of Public Law 97-186 (96 Stat. 101) inserted ``or
contiguous to'' after ``within''.
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(b) \13\ The Secretary of State shall periodically advise
the Committees on Foreign Affairs and Public Works and
Transportation of the House of Representatives \14\ and the
Committee on Foreign Relations of the Senate on construction of
facilities for security or maintenance under this section.
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\13\ Sec. 124(2)(D) of Public Law 99-93 (99 Stat. 415) added
subsec. (b).
\14\ 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) \15\ (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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\15\ 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, 2006 (title IV of Public Law 109-108; 119 Stat. 2319), provided:
``In addition, not to exceed $1,469,000 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; 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.\7\, \16\ 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 proceeds of the sale,
exchange,\17\ 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,\17\ 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. 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.\18\
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\16\ Public Law 93-40 (87 Stat. 74) amended and restated the first
sentence of this section.
\17\ Sec. 5 of Public Law 97-186 (96 Stat. 102) inserted ``,
exchange,'' after ``sale'', and inserted ``, exchanges,'' after
``sales''.
\18\ Sec. 5(2) of Public Law 97-186 (96 Stat. 102) added ``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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Sec. 6.\19\ This Act may be cited as the International
Center Act.
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\19\ Sec. 6 of Public Law 97-186 (96 Stat. 102) added sec. 6.
8. 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--
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\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. Receipt and Disposition of Foreign Gifts and Decorations
5 U.S.C., added by Public Law 90-83 [H.R. 5876], 81 Stat. 195, approved
September 11, 1967; as amended by 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 107-217 [H.R. 2068], 116 Stat. 1062, approved August
21, 2002; and Public Law 108-458 [Intelligence Reform and Terrorism
Prevention Act of 2004; S. 2845], 118 Stat. 3638, approved December 17,
2004 \1\
* * * * * * *
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\1\ Sec. 515(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 1978 (Public Law 95-105; 91 Stat. 862), amended and
restated 5 U.S.C. 7342. The previous comprehensive amendment to sec.
7342 was contained in Public Law 90-83 (81 Stat. 195). Sec. 7342 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.''.
Sec. 515(a)(2) and (b) of Public Law 95-105 (91 Stat. 862) further
provided:
``(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.''.
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foreign gifts and decorations
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\ Sec. 712(a)(2) of Public Law 95-426 (92 Stat. 994) added the
words to this point beginning with ``except that''.
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(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\ Sec. 712(b)(1) of Public Law 95-426 (92 Stat. 994) added the
words to this point beginning with ``(1) or provide''.
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(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 subtitle I of title 40 and title III of \5\ the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.).\6\ 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.
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\4\ Sec. 712(c) of Public Law 95-426 (92 Stat. 994) added the para.
designation ``(1)'' and added para. (2).
\5\ Sec. 3(a)(1)(A) of Public Law 107-217 (116 Stat. 1295) inserted
``subtitle I of title 40 and title III of'' before ``the Federal''.
\6\ Sec. 3(a)(1)(B) of Public Law 107-217 (116 Stat. 1295) inserted
``(41 U.S.C. 251 et seq.)'' after ``of 1949''.
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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)(A) \7\ In transmitting such listings for the Central
Intelligence Agency, the Director of the Central Intelligence
Agency \8\ 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.
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\7\ Sec. 1079(b)(1) of Public Law 108-458 (118 Stat. 3696) inserted
``(A)'' after ``(4)''.
\8\ Sec. 1079(b)(2) of Public Law 108-458 (118 Stat. 3696) struck
out ``the Director of Central Intelligence'' and inserted in lieu
thereof ``the Director of the Central Intelligence Agency''.
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(B) \9\ In transmitting such listings for the Office of the
Director of National Intelligence, the Director of National
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.
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\9\ Sec. 1079(b)(3) of Public Law 108-458 (118 Stat. 3696) added
subpara. (B).
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(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.
c. 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.
9. 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;
Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995;
S. 790], 109 Stat. 707, approved December 21, 1995; and Public Law 107-
228 [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002
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) \2\ (1) The President is authorized to
continue membership for the United States in the International
Organization for Migration in accordance with the constitution
of such organization approved in Venice, Italy, on October 19,
1953, as amended in Geneva, Switzerland, on November 24, 1998,
upon entry into force of such amendments.
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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. 1501A-431), relating to U.S. policy regarding
the involuntary return of refugees.
\2\ Sec. 242 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1374), amended and restated
subsec. (a). It previously read, as amended by Public Law 103-236 (108
Stat. 459), as follows:
``(a) The President is hereby authorized to continue membership for
the United States in the International Organization for Migration in
accordance with its constitution approved in Venice, Italy, on October
19, 1953, as amended in Geneva, Switzerland, on May 20, 1987. 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 and all necessary salaries and expenses incidental
to United States participation in the Organization.''.
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(2) For the purpose of assisting in the movement of
refugees and migrants, there are authorized to be appropriated
to the President such amounts as may be necessary from time to
time for payment by the United States of its contributions to
the International Organization for Migration and all necessary
salaries and expenses incidental to United States participation
in such organization.
(b) \3\ There are hereby authorized to be appropriated such
amounts as may be necessary from time to time--
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\3\ Sec. 312(b)(1) of Public Law 96-212 (94 Stat. 116) amended
subsec. (b) by striking paras. (1) through (6) and adding new paras.
(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 2006, title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2188), provided:
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``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, $791,000,000, to remain available until expended: Provided, That
not more than $23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 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: Provided further, That funds appropriated under
this heading may be made available for a headquarters contribution to
the International Committee of the Red Cross only if the Secretary of
State determines (and so reports to the appropriate committees of
Congress) that the Magen David Adom Society of Israel is not being
denied participation in the activities of the International Red Cross
and Red Crescent Movement: Provided further, That funds appropriated
under this heading should be made available to develop effective
responses to protracted refugee situations, including the development
of programs to assist long-term refugee populations within and outside
traditional camp settings that support refugees living or working in
local communities such as integration of refugees into local schools
and services, resource conservation projects and other projects
designed to diminish conflict between refugee hosting communities and
refugees, and encouraging dialogue among refugee hosting communities,
the United Nations High Commissioner for Refugees, and international
and nongovernmental refugee assistance organizations to promote the
rights to which refugees are entitled under the Convention Relating to
the Status of Refugees of July 28, 1951 and the Protocol Relating to
the Status of Refugees, done at New York January 31, 1967.''.
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(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,\4\ the International Committee of the Red
Cross, and to other relevant international
organizations; and
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\4\ 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''.
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(2) \5\ 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.
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\5\ 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.
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(c) \6\ (1) \7\ 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.
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\6\ Sec. 501(a) of Public Law 94-141 amended and restated subsec.
(c).
\7\ Presidential Determination No. 2005-33 of April 29, 2005 (70
F.R. 25457), provided the following pursuant to sec. 2(c)(1):
``* * * I hereby determine that it is important to the national
interest that up to $34.7 million be made available from the U.S.
Emergency Refugee and Migration Assistance Fund to support unexpected
urgent humanitarian needs in the West Bank and Gaza, and refugee
repatriation to Burundi and the Democratic Republic of the Congo. These
funds may be used, as appropriate, to provide contributions to
international, governmental, and nongovernmental organizations, and, as
necessary, for administrative expenses of the Bureau of Population,
Refugees, and Migration.''.
Presidential Determination No. 2006-4 of November 22, 2005 (70 F.R.
72057) provided the following pursuant to sec. 2(c)(1):
``* * * I hereby determine that it is important to the national
interest that up to $5 million be made available from the U.S.
Emergency Refugee and Migration Assistance Fund to meet unexpected
urgent humanitarian needs of refugees and other victims of the October
2005 earthquake in Pakistan. 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.\8\ Amounts
appropriated hereunder shall remain available until expended.
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\8\ Sec. 430(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), struck
out ``$50,000,000'' and inserted in lieu thereof ``$100,000,000''.
Previously, sec. 312(b)(2) of Public Law 96-212 (94 Stat. 117)
struck out ``$25,000,000'' and inserted in lieu thereof
``$50,000,000''.
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2189),
provided the following:
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``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. 2601(c)), $30,000,000, to remain available until
expended.''.
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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.\9\
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\9\ 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) \10\ 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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\10\ Sec. 111 of Public Law 99-93 (99 Stat. 405) added subsec. (f).
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Sec. 3.\11\ (a) In carrying out the purpose of this Act,
the President is authorized--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 2602.
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(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) \12\ 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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\12\ 50 U.S.C. app. 1211 note.
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Sec. 4.\13\ (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.
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\13\ 22 U.S.C. 2603.
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(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) \14\ 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.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 2604.
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Sec. 5.\15\ (a) Funds made available for the purposes of
this Act shall be available for--
---------------------------------------------------------------------------
\15\ 22 U.S.C. 2605.
---------------------------------------------------------------------------
(1) compensation, allowances, and travel of
personnel, including members of the Foreign Service
\16\ 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;
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\16\ Sec. 2206(a)(6) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2162) struck out ``Foreign Service personnel'' and
inserted in lieu thereof ``members of the Foreign Service''.
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(2) employment or assignment of members of the
Foreign Service serving under limited appointments \17\
for the duration of operations under this Act;
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\17\ Sec. 2206(a)(6) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2162) struck out ``Foreign Service Reserve officers''
and inserted in lieu thereof ``members of the Foreign Service serving
under limited appointments''.
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(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,\18\ not otherwise provided for;
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\18\ Sec. 2206(a)(6) of Public Law 96-465 (94 Stat. 2162) struck
out ``Foreign Service Act of 1946'' and inserted in lieu thereof
``Foreign Service Act of 1980''.
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(5) expenses authorized by the Act of August 1, 1956
(70 Stat. 890-892), as amended; \19\ and
---------------------------------------------------------------------------
\19\ 22 U.S.C. 2662 et seq.
---------------------------------------------------------------------------
(6) \20\ 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
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\20\ Sec. 112 of Public Law 99-93 (99 Stat. 405) inserted sec.
5(a)(6), applicable 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) \21\ 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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\21\ 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).
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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.\22\ Audits of U.S. Funds Received by the United
Nations High Commissioner for Refugees.
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\22\ 22 U.S.C. 2606. Sec. 113 of Public Law 99-93 (99 Stat. 405)
added sec. 8.
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(a) \23\ 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--
---------------------------------------------------------------------------
\23\ Sec. 701 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 74), amended and
restated subsec. (a).
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(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) \24\ First Program Audit.--The first program audit
pursuant to subsection (a)(1) shall begin not later than June
1, 1986.
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\24\ 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 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\
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\1\ 22 U.S.C. 2603 note.
\2\ Sec. 14(a) of Executive Order 12608 (56 F.R. 34619) struck out
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.
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\3\ Sec. 14(b) of Executive Order 12608 (56 F.R. 34619) struck out
reference to the Department of Health, Education, and Welfare.
---------------------------------------------------------------------------
(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.
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\4\ Executive Order 11922 (41 F.R. 24573; June 16, 1976) added
subsec. (d).
---------------------------------------------------------------------------
Sec. 2.\5\ Redelegation. (a) The Secretary of State may
redelegate any of his functions under this order to any of his
subordinates.
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\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.\5\ 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.\5\ 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.\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.\5\ 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 87-301, 75 Stat. 651, approved
September 26, 1961; 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, approved August 14, 1964; Public
Law 89-236, 79 Stat. 918, approved October 3, 1965; Public Law 95-105
[Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 91
Stat. 844, approved August 17, 1977; Public Law 97-116 [Immigration and
Nationality Act Amendments of 1981; H.R. 4327], 95 Stat. 1620, approved
December 29, 1981; Public Law 99-603 [Immigration Reform and Control
Act of 1986; S. 1200], 100 Stat. 3359, approved November 6, 1986;
Public Law 99-653 [Immigration and Nationality Act Amendments of 1986;
H.R. 4444], 100 Stat. 3656, approved November 14, 1986; Public Law 100-
525 [Immigration Technical Corrections Act of 1988; S. 2479], 102 Stat.
2609, approved October 24, 1988; Public Law 101-649 [Immigration Act of
1990; S. 358], 104 Stat. 5012, approved November 29, 1990; Public Law
102-232 [Miscellaneous and Technical Immigration and Nationality
Amendments of 1991; H.R. 3049], 105 Stat. 1746, approved December 12,
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. 4301, approved October
25, 1994; Public Law 103-416 [Immigration and Nationality Technical
Corrections Act of 1994; H.R. 783], 108 Stat. 4312, approved October
25, 1994; Public Law 104-132 [Antiterrorism and Effective Death Penalty
Act of 1996; S. 735], 110 Stat. 1214, approved April 24, 1996; Public
Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R. 3610],
110 Stat. 3009, approved September 30, 1996; 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 105-173 [Visa Waiver Pilot
Program Reauthorization Act of 1997; S. 1178], 112 Stat. 56, approved
April 27, 1998; Public Law 106-396 [Visa Waiver Permanent Program Act;
H.R. 3767], 114 Stat. 1637, approved October 30, 2000; Public Law 107-
56 [Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorists (USA PATRIOT ACT) Act of
2001; H.R. 3162], 115 Stat. 355, approved October 26, 2001; Public Law
107-173 [Enhanced Border Security and Visa Entry Reform Act of 2002;
H.R. 3525], 116 Stat. 543, approved May 14, 2002; and Public Law 108-
458 [Intelligence Reform and Terrorism Prevention Act of 2004; S.
2845], 118 Stat. 3638, approved December 17, 2004
* * * * * * *
Title I--General Provisions
* * * * * * *
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.
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\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''.
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(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 restated 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.
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\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''.
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(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''.
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(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]
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\6\ Sec. 109(b)(1)(D) of the Foreign Relations Authorization Act,
Fiscal Year 1978 (91 Stat. 847), repealed subsec. (f). It formerly read
as follows:
``(f) The Bureau shall be under the immediate jurisdiction of the
Deputy Under Secretary of State for Administration.''.
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* * * * * * *
Title II--Admission Qualifications for Aliens, Travel Control of
Citizens and Aliens
* * * * * * *
visa waiver program for certain visitors
Sec. 217.\7\ (a) Establishment of program.--The Attorney
General and the Secretary of State are authorized to establish
a program (hereinafter in this section referred to as the
``program'') under which the requirement of paragraph
(7)(B)(i)(II) of section 212(a) may be waived by the Attorney
General, in consultation with the Secretary of State and in
accordance with this section, in the case of an alien who meets
the following requirements:
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\7\ 8 U.S.C. 1187. Added by sec. 313(a) of Public Law 99-603 (100
Stat. 3435). Substantially amended and restated by sec. 2(p) of Public
Law 100-525 (102 Stat. 2613); Sec. 201(a) of Public Law 101-649 (104
Stat. 5012); secs. 303(a) and 307(l)(3) of Public Law 102-232 (105
Stat. 1746, 1756); sec. 1(m) of Public Law 103-415 (108 Stat. 4301);
secs. 210, 211 of Public Law 103-416 (108 Stat. 4312, 4313); secs.
308(d)(4)(F), 308(e)(9), and 635(a), (b), (c)(1) and (c)(3) of Public
Law 104-208 (110 Stat. 3009-618, 3009-620, 3009-702, 3009-703,
respectively); sec. 125 of Public Law 105-119 (111 Stat. 2471); secs. 1
and 3 of Public Law 105-173 (112 Stat. 56); sec. 101(a), secs. 201
through 207, sec. 403 of Public Law 106-396 (114 Stat. 1637, 1638,
1647, respectively); sec. 417 of Public Law 107-56 (115 Stat. 355); and
sec. 307(a) of Public Law 107-173 (116 Stat. 556).
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(1) Seeking entry as tourist for 90 days or less.--
The alien is applying for admission during the program
as a nonimmigrant visitor (described in section
101(a)(15)(B)) for a period not exceeding 90 days.
(2) National of program country.--The alien is a
national of, and presents a passport issued by, a
country which--
(A) extends (or agrees to extend), either on
its own or in conjunction with one or more
other countries that are described in
subparagraph (B) and that have established with
it a common area for immigration admissions,
reciprocal privileges to citizens and nationals
of the United States, and
(B) is designated as a pilot program country
under subsection (c).
(3) Machine readable passport.--
(A) In general.--Except as provided in
subparagraph (B), on or after October 1, 2003,
the alien at the time of application for
admission is in possession of a valid unexpired
machine-readable passport that satisfies the
internationally accepted standard for machine
readability.
(B) Limited waiver authority.--For the period
beginning October 1, 2003, and ending September
30, 2007, the Secretary of State may waive the
requirement of subparagraph (A) with respect to
nationals of a program country (as designated
under subsection (c)), if the Secretary of
State finds that the program country--
(i) is making progress toward
ensuring that passports meeting the
requirement of subparagraph (A) are
generally available to its nationals;
and
(ii) has taken appropriate measures
to protect against misuse of passports
the country has issued that do not meet
the requirement of subparagraph (A).
(4) Executes immigration forms.--The alien before the
time of such admission completes such immigration form
as the Attorney General shall establish.
(5) Entry into the united states.--If arriving by sea
or air, the alien arrives at the port of entry into the
United States on a carrier, including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations, or a noncommercial aircraft
that is owned or operated by a domestic corporation
conducting operations under part 91 of title 14, Code
of Federal Regulations which has entered into an
agreement with the Attorney General pursuant to
subsection (e). The Attorney General is authorized to
require a carrier conducting operations under part 135
of title 14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that
title, to give suitable and proper bond, in such
reasonable amount and containing such conditions as the
Attorney General may deem sufficient to ensure
compliance with the indemnification requirements of
this section, as a term of such an agreement.
(6) Not a safety threat.--The alien has been
determined not to represent a threat to the welfare,
health, safety, or security of the United States.
(7) No previous violation.--If the alien previously
was admitted without a visa under this section, the
alien must not have failed to comply with the
conditions of any previous admission as such a
nonimmigrant.
(8) Round-trip ticket.--The alien is in possession of
a round-trip transportation ticket (unless this
requirement is waived by the Attorney General under
regulations or the alien is arriving at the port of
entry on an aircraft operated under part 135 of title
14, Code of Federal Regulations, or a noncommercial
aircraft that is owned or operated by a domestic
corporation conducting operations under part 91 of
title 14, Code of Federal Regulations).
(9) Automated system check.--The identity of the
alien has been checked using an automated electronic
database containing information about the
inadmissibility of aliens to uncover any grounds on
which the alien may be inadmissible to the United
States, and no such ground has been found.
Operators of aircraft under part 135 of title 14, Code of
Federal Regulations, or operators of noncommercial aircraft
that are owned or operated by a domestic corporation conducting
operations under part 91 of title 14, Code of Federal
Regulations, carrying any alien passenger who will apply for
admission under this section shall furnish such information as
the Attorney General by regulation shall prescribe as necessary
for the identification of any alien passenger being transported
and for the enforcement of the immigration laws. Such
information shall be electronically transmitted not less than
one hour prior to arrival at the port of entry for purposes of
checking for inadmissibility using the automated electronic
database.
(b) Waiver of rights.--An alien may not be provided a
waiver under the program unless the alien has waived any
right--
(1) to review or appeal under this Act of an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
the United States, or
(2) to contest, other than on the basis of an
application for asylum, any action for removal of the
alien.
(c) Designation of program countries.--
(1) In general.--The Attorney General, in
consultation with the Secretary of State, ``may
designate'' any country as a program country if it
meets the requirements of paragraph (2).
(2) Qualifications.--Except as provided in subsection
(f), a country may not be designated as a program
country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate.--
Either--
(i) the average number of refusals of
nonimmigrant visitor visas for
nationals of that country during--
(I) the two previous full
fiscal years was less than 2.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
those years; and
(II) either of such two
previous full fiscal years was
less than 2.5 percent of the
total number of nonimmigrant
visitor visas for nationals of
that country which were granted
or refused during that year; or
(ii) such refusal rate for nationals
of that country during the previous
full fiscal year was less than 3.0
percent.
(B) Machine readable passport program.--
(i) In general.--Subject to clause
(ii), the government of the country
certifies that it issues to its
citizens machine-readable passports
that satisfy the internationally
accepted standard for machine
readability.
(ii) Deadline for compliance for
certain countries.--In the case of a
country designated as a program country
under this subsection prior to May 1,
2000, as a condition on the
continuation of that designation, the
country--
(I) shall certify, not later
than October 1, 2000, that it
has a program to issue machine-
readable passports to its
citizens not later than October
1, 2003; and
(II) shall satisfy the
requirement of clause (i) not
later than October 1, 2003.
(C) Law enforcement and security interests.--
The Attorney General, in consultation with the
Secretary of State--
(i) evaluates the effect that the
country's designation would have on the
law enforcement and security interests
of the United States (including the
interest in enforcement of the
immigration laws of the United States
and the existence and effectiveness of
its agreements and procedures for
extraditing to the United States
individuals, including its own
nationals, who commit crimes that
violate United States law);
(ii) determines that such interests
would not be compromised by the
designation of the country; and
(iii) submits a written report to the
Committee on the Judiciary and the
Committee on International Relations of
the House of Representatives and the
Committee on the Judiciary and the
Committee on Foreign Relations of the
Senate regarding the country's
qualification for designation that
includes an explanation of such
determination.
(D) Reporting passport thefts.--The
government of the country certifies that it
reports to the United States Government on a
timely basis the theft of blank passports
issued by that country.
(3) Continuing and subsequent qualifications.--For
each fiscal year after the initial period--
(A) Continuing qualification.--In the case of
a country which was a program country in the
previous fiscal year, a country may not be
designated as a program country unless the sum
of-
(i) the total of the number of
nationals of that country who were
denied admission at the time of arrival
or withdrew their application for
admission during such previous fiscal
year as a nonimmigrant visitor, and
(ii) the total number of nationals of
that country who were admitted as
nonimmigrant visitors during such
previous fiscal year and who violated
the terms of such admission,
was less than 2 percent of the total number of
nationals of that country who applied for admission as
nonimmigrant visitors during such previous fiscal year.
(B) New countries.--In the case of another
country, the country may not be designated as a
program country unless the following
requirements are met:
(i) Low nonimmigrant visa refusal
rate in previous 2-year period.--The
average number of refusals of
nonimmigrant visitor visas for
nationals of that country during the
two previous full fiscal years was less
than 2 percent of the total number of
nonimmigrant visitor visas for
nationals of that country which were
granted or refused during those years.
(ii) Low nonimmigrant visa refusal
rate in each of the 2 previous years.--
The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during either
of such two previous full fiscal years
was less than 2.5 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which
were granted or refused during that
year.
(4) Initial period.--For purposes of paragraphs (2)
and (3), the term ``initial period'' means the period
beginning at the end of the 30-day period described in
subsection (b)(1) and ending on the last day of the
first fiscal year which begins after such 30-day
period.
(5) Written reports on continuing qualification;
designation terminations.--
(A) Periodic evaluations.--
(i) In general.--The Attorney
General, in consultation with the
Secretary of State, periodically (but
not less than once every 2 years)--
(I) shall evaluate the effect
of each program country's
continued designation on the
law enforcement and security
interests of the United States
(including the interest in
enforcement of the immigration
laws of the United States and
the existence and effectiveness
of its agreements and
procedures for extraditing to
the United States individuals,
including its own nationals,
who commit crimes that violate
United States law);
(II) shall determine, based
upon the evaluation in
subclause (I), whether any such
designation ought to be
continued or terminated under
subsection (d); and
(III) shall submit a written
report to the Committee on the
Judiciary and the Committee on
International Relations of the
House of Representatives and
the Committee on the Judiciary
and the Committee on Foreign
Relations of the Senate
regarding the continuation or
termination of the country's
designation that includes an
explanation of such
determination and the effects
described in subclause (I).
(ii) Effective date.--A termination
of the designation of a country under
this subparagraph shall take effect on
the date determined by the Attorney
General, in consultation with the
Secretary of State.
(iii) Redesignation.--In the case of
a termination under this subparagraph,
the Attorney General shall redesignate
the country as a program country,
without regard to subsection (f) or
paragraph (2) or (3), when the Attorney
General, in consultation with the
Secretary of State, determines that all
causes of the termination have been
eliminated.
(B) Emergency termination.--
(i) In general.--In the case of a
program country in which an emergency
occurs that the Attorney General, in
consultation with the Secretary of
State, determines threatens the law
enforcement or security interests of
the United States (including the
interest in enforcement of the
immigration laws of the United States),
the Attorney General shall immediately
terminate the designation of the
country as a program country.
(ii) Definition.--For purposes of
clause (i), the term ``emergency''
means--
(I) the overthrow of a
democratically elected
government;
(II) war (including
undeclared war, civil war, or
other military activity) on the
territory of the program
country;
(III) a severe breakdown in
law and order affecting a
significant portion of the
program country's territory;
(IV) a severe economic
collapse in the program
country; or
(V) any other extraordinary
event in the program country
that threatens the law
enforcement or security
interests of the United States
(including the interest in
enforcement of the immigration
laws of the United States) and
where the country's
participation in the program
could contribute to that
threat.
(iii) Redesignation.--The Attorney
General may redesignate the country as
a program country, without regard to
subsection (f) or paragraph (2) or (3),
when the Attorney General, in
consultation with the Secretary of
State, determines that--
(I) at least 6 months have
elapsed since the effective
date of the termination;
(II) the emergency that
caused the termination has
ended; and
(III) the average number of
refusals of nonimmigrant
visitor visas for nationals of
that country during the period
of termination under this
subparagraph was less than 3.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
such period.
(C) Treatment of nationals after
termination.--For purposes of this paragraph--
(i) nationals of a country whose
designation is terminated under
subparagraph (A) or (B) shall remain
eligible for a waiver under subsection
(a) until the effective date of such
termination; and
(ii) a waiver under this section that
is provided to such a national for a
period described in subsection (a)(1)
shall not, by such termination, be
deemed to have been rescinded or
otherwise rendered invalid, if the
waiver is granted prior to such
termination.
(6) Computation of visa refusal rates.--For purposes
of determining the eligibility of a country to be
designated as a program country, the calculation of
visa refusal rates shall not include any visa refusals
which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation.
No court shall have jurisdiction under this paragraph
to review any visa refusal, the denial of admission to
the United States of any alien by the Attorney General,
the Secretary's computation of the visa refusal rate,
or the designation or nondesignation of any country.
(7) Visa waiver information.--
(A) In general.--In refusing the application
of nationals of a program country for United
States visas, or the applications of nationals
of a country seeking entry into the visa waiver
program, a consular officer shall not knowingly
or intentionally classify the refusal of the
visa under a category that is not included in
the calculation of the visa refusal rate only
so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation
in the visa waiver program.
(B) Reporting requirement.--On May 1 of each
year, for each country under consideration for
inclusion in the visa waiver program, the
Secretary of State shall provide to the
appropriate congressional committees--
(i) the total number of nationals of
that country that applied for United
States visas in that country during the
previous calendar year;
(ii) the total number of such
nationals who received United States
visas during the previous calendar
year;
(iii) the total number of such
nationals who were refused United
States visas during the previous
calendar year;
(iv) the total number of such
nationals who were refused United
States visas during the previous
calendar year under each provision of
this Act under which the visas were
refused; and
(v) the number of such nationals that
were refused under section 214(b) as a
percentage of the visas that were
issued to such nationals.
(C) Certification.--Not later than May 1 of
each year, the United States chief of mission,
acting or permanent, to each country under
consideration for inclusion in the visa waiver
program shall certify to the appropriate
congressional committees that the information
described in subparagraph (B) is accurate and
provide a copy of that certification to those
committees.
(D) Consideration of countries in the visa
waiver program.--Upon notification to the
Attorney General that a country is under
consideration for inclusion in the visa waiver
program, the Secretary of State shall provide
all of the information described in
subparagraph (B) to the Attorney General.
(E) Definition.--In this paragraph, the term
``appropriate congressional committees'' means
the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate
and the Committee on the Judiciary and the
Committee on International Relations of the
House of Representatives.
(d) Authority.--Notwithstanding any other provision of this
section, the Attorney General, in consultation with the
Secretary of State, may for any reason (including national
security) refrain from waiving the visa requirement in respect
to nationals of any country which may otherwise qualify for
designation or may, at any time, rescind any waiver or
designation previously granted under this section.
(e) Carrier agreements.--
(1) In general.--The agreement referred to in
subsection (a)(4) is an agreement between a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title and the Attorney General under which
the carrier (including any carrier conducting
operations under part 135 of title 14, Code of Federal
Regulations) or a domestic corporation conducting
operations under part 91 of that title agrees, in
consideration of the waiver of the visa requirement
with respect to a nonimmigrant visitor under the
program--
(A) to indemnify the United States against
any costs for the transportation of the alien
from the United States if the visitor is
refused admission to the United States or
remains in the United States unlawfully after
the 90-day period described in subsection
(a)(1)(A),
(B) to submit daily to immigration officers
any immigration forms received with respect to
nonimmigrant visitors provided a waiver under
the program,
(C) to be subject to the imposition of fines
resulting from the transporting into the United
States of a national of a designated country
without a passport pursuant to regulations
promulgated by the Attorney General, and
(D) to collect, provide, and share passenger
data as required under subsection (h)(1)(B).
(2) Termination of agreements.--The Attorney General
may terminate an agreement under paragraph (1) with
five days' notice to the carrier (including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title for
the failure by a carrier (including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title to
meet the terms of such agreement.
(3) Business aircraft requirements.--
(A) In general.--For purposes of this
section, a domestic corporation conducting
operations under part 91 of title 14, Code of
Federal Regulations that owns or operates a
noncommercial aircraft is a corporation that is
organized under the laws of any of the States
of the United States or the District of
Columbia and is accredited by or a member of a
national organization that sets business
aviation standards. The Attorney General shall
prescribe by regulation the provision of such
information as the Attorney General deems
necessary to identify the domestic corporation,
its officers, employees, shareholders, its
place of business, and its business activities.
(B) Collections.--In addition to any other
fee authorized by law, the Attorney General is
authorized to charge and collect, on a periodic
basis, an amount from each domestic corporation
conducting operations under part 91 of title
14, Code of Federal Regulations, for
nonimmigrant visa waiver admissions on
noncommercial aircraft owned or operated by
such domestic corporation equal to the total
amount of fees assessed for issuance of
nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be
deposited into the Immigration User Fee Account
established under section 286(h).
(f) Duration and termination of designation.--
(1) In general.--
(A) Determination and notification of
disqualification rate.--Upon determination by
the Attorney General that a program country's
disqualification rate is 2 percent or more, the
Attorney General shall notify the Secretary of
State.
(B) Probationary status.--If the program
country's disqualification rate is greater than
2 percent but less than 3.5 percent, the
Attorney General shall place the program
country in probationary status for a period not
to exceed 2 full fiscal years following the
year in which the determination under
subparagraph (A) is made.
(C) Termination of designation.--Subject to
paragraph (3), if the program country's
disqualification rate is 3.5 percent or more,
the Attorney General shall terminate the
country's designation as a program country
effective at the beginning of the second fiscal
year following the fiscal year in which the
determination under subparagraph (A) is made.
(2) Termination of probationary status.--
(A) In general.--If the Attorney General
determines at the end of the probationary
period described in paragraph (1)(B) that the
program country placed in probationary status
under such paragraph has failed to develop a
machine-readable passport program as required
by section (c)(2)(C), or has a disqualification
rate of 2 percent or more, the Attorney General
shall terminate the designation of the country
as a program country. If the Attorney General
determines that the program country has
developed a machine-readable passport program
and has a disqualification rate of less than 2
percent, the Attorney General shall redesignate
the country as a program country.
(B) Effective date.--A termination of the
designation of a country under subparagraph (A)
shall take effect on the first day of the first
fiscal year following the fiscal year in which
the determination under such subparagraph is
made. Until such date, nationals of the country
shall remain eligible for a waiver under
subsection (a).
(3) Nonapplicability of certain provisions.--
Paragraph (1)(C) shall not apply unless the total
number of nationals of a program country described in
paragraph (4)(A) exceeds 100.
(4) Definition.--For purposes of this subsection, the
term ``disqualification rate'' means the percentage
which--
(A) the total number of nationals of the
program country who were--
(i) denied admission at the time of
arrival or withdrew their application
for admission during the most recent
fiscal year for which data are
available; and
(ii) admitted as nonimmigrant
visitors during such fiscal year and
who violated the terms of such
admission; bears to
(B) the total number of nationals of such
country who applied for admission as
nonimmigrant visitors during such fiscal year.
(5) Failure to report passport thefts.--If the
Attorney General and the Secretary of State jointly
determine that the program country is not reporting the
theft of blank passports, as required by subsection
(c)(2)(D), the Attorney General shall terminate the
designation of the country as a program country.
(g) Visa application sole method to dispute denial of
waiver based on a ground of inadmissibility.--In the case of an
alien denied a waiver under the program by reason of a ground
of inadmissibility described in section 212(a) that is
discovered at the time of the alien's application for the
waiver or through the use of an automated electronic database
required under subsection (a)(9), the alien may apply for a
visa at an appropriate consular office outside the United
States. There shall be no other means of administrative or
judicial review of such a denial, and no court or person
otherwise shall have jurisdiction to consider any claim
attacking the validity of such a denial.
(h) Use of information technology systems.--
(1) Automated entry-exit control system.--
(A) System.--Not later than October 1, 2001,
the Attorney General shall develop and
implement a fully automated entry and exit
control system that will collect a record of
arrival and departure for every alien who
arrives and departs by sea or air at a port of
entry into the United States and is provided a
waiver under the program.
(B) Requirements.--The system under
subparagraph (A) shall satisfy the following
requirements:
(i) Data collection by carriers.--Not
later than October 1, 2001, the records
of arrival and departure described in
subparagraph (A) shall be based, to the
maximum extent practicable, on
passenger data collected and
electronically transmitted to the
automated entry and exit control system
by each carrier that has an agreement
under subsection (a)(4).
(ii) Data provision by carriers.--Not
later than October 1, 2002, no waiver
may be provided under this section to
an alien arriving by sea or air at a
port of entry into the United States on
a carrier unless the carrier is
electronically transmitting to the
automated entry and exit control system
passenger data determined by the
Attorney General to be sufficient to
permit the Attorney General to carry
out this paragraph.
(iii) Calculation.--The system shall
contain sufficient data to permit the
Attorney General to calculate, for each
program country and each fiscal year,
the portion of nationals of that
country who are described in
subparagraph (A) and for whom no record
of departure exists, expressed as a
percentage of the total number of such
nationals who are so described.
(C) Reporting.--
(i) Percentage of nationals lacking
departure record.--As part of the
annual report required to be submitted
under section 110(e)(1) of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996, the
Attorney General shall include a
section containing the calculation
described in subparagraph (B)(iii) for
each program country for the previous
fiscal year, together with an analysis
of that information.
(ii) System effectiveness.--Not later
than December 31, 2004, the Attorney
General shall submit a written report
to the Committee on the Judiciary of
the United States House of
Representatives and of the Senate
containing the following:
(I) The conclusions of the
Attorney General regarding the
effectiveness of the automated
entry and exit control system
to be developed and implemented
under this paragraph.
(II) The recommendations of
the Attorney General regarding
the use of the calculation
described in subparagraph
(B)(iii) as a basis for
evaluating whether to terminate
or continue the designation of
a country as a program country.
The report required by this clause may
be combined with the annual report
required to be submitted on that date
under section 110(e)(1) of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996.
(2) Automated data sharing system.--
(A) System.--The Attorney General and the
Secretary of State shall develop and implement
an automated data sharing system that will
permit them to share data in electronic form
from their respective records systems regarding
the admissibility of aliens who are nationals
of a program country.
(B) Requirements.--The system under
subparagraph (A) shall satisfy the following
requirements:
(i) Supplying information to
immigration officers conducting
inspections at ports of entry.--Not
later than October 1, 2002, the system
shall enable immigration officers
conducting inspections at ports of
entry under section 235 to obtain from
the system, with respect to aliens
seeking a waiver under the program--
(I) any photograph of the
alien that may be contained in
the records of the Department
of State or the Service; and
(II) information on whether
the alien has ever been
determined to be ineligible to
receive a visa or ineligible to
be admitted to the United
States.
(ii) Supplying photographs of
inadmissible aliens.--The system shall
permit the Attorney General
electronically to obtain any photograph
contained in the records of the
Secretary of State pertaining to an
alien who is a national of a program
country and has been determined to be
ineligible to receive a visa.
(iii) Maintaining records on
applications for admission.--The system
shall maintain, for a minimum of 10
years, information about each
application for admission made by an
alien seeking a waiver under the
program, including the following:
(I) The name or Service
identification number of each
immigration officer conducting
the inspection of the alien at
the port of entry.
(II) Any information
described in clause (i) that is
obtained from the system by any
such officer.
(III) The results of the
application.
* * * * * * *
SEC. 219.\8\ DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Designation.--
---------------------------------------------------------------------------
\8\ 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.
* * * * * * *
Part III--Issuance of Entry Documents
issuance of visas
Sec. 221.\9\ (a) Immigrants; nonimmigrants.--
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\9\ 8 U.S.C. 1201. Enacted in Public Law 82-414; substantially
amended by sec. 4 of Public Law 87-301 (75 Stat. 651); secs. 11 and 17
of Public Law 89-236 (79 Stat. 918, 919); sec. 18(f) of Public Law 97-
116 (95 Stat. 1620); sec. 5 of Public Law 99-653 (100 Stat. 3656); sec.
8(d)(1) of Public Law 100-525 (102 Stat. 2617); sec. 603(a)(9) of
Public Law 101-649 (104 Stat. 5083); sec. 302(e)(8)(C) of Public Law
102-232 (105 Stat. 1746); secs. 308 and 631 of Public Law 104-208 (110
Stat. 3009); sec. 301 of Public Law 107-173 (116 Stat. 552); and sec.
5304(a) of Public Law 108-458 (118 Stat. 3736).
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(1) Under the conditions hereinafter prescribed and
subject to the limitations prescribed in this Act or
regulations issued thereunder, a consular officer may
issue (A) to an immigrant who has made proper
application therefor, an immigrant visa which shall
consist of the application provided for in section 222,
visaed by such consular officer, and shall specify the
foreign state, if any, to which the immigrant is
charged, the immigrant's particular status under such
foreign state, the preference, immediate relative, or
special immigrant classification to which the alien is
charged, the date on which the validity of the visa
shall expire, and such additional information as may be
required; and (B) to a nonimmigrant who has made proper
application therefor, a nonimmigrant visa, which shall
specify the classification under section 101(a)(15) of
the nonimmigrant, the period during which the
nonimmigrant visa shall be valid, and such additional
information as may be required.
(2) The Secretary of State shall provide to the
Service an electronic version of the visa file of each
alien who has been issued a visa to ensure that the
data in that visa file is available to immigration
inspectors at the United States ports of entry before
the arrival of the alien at such a port of entry.
(b) Registration; photographs; waiver of requirement.--Each
alien who applies for a visa shall be registered in connection
with his application, and shall furnish copies of his
photograph signed by him for such use as may be by regulations
required. The requirements of this subsection may be waived in
the discretion of the Secretary of State in the case of any
alien who is within that class of nonimmigrants enumerated in
sections 101(a)(15)(A), and 101(a)(15)(G), or in the case of
any alien who is granted a diplomatic visa on a diplomatic
passport or on the equivalent thereof.
(c) Period of validity; requirement of visa.--An immigrant
visa shall be valid for such period, not exceeding six months,
as shall be by regulations prescribed, except that any visa
issued to a child lawfully adopted by a United States citizen
and spouse while such citizen is serving abroad in the United
States Armed Forces, or is employed abroad by the United States
Government, or is temporarily abroad on business, shall be
valid until such time, for a period not to exceed three years,
as the adoptive citizen parent returns to the United States in
due course of his service, employment, or business. A
nonimmigrant visa shall be valid for such periods as shall be
by regulations prescribed. In prescribing the period of
validity of a nonimmigrant visa in the case of nationals of any
foreign country who are eligible for such visas, the Secretary
of State shall, insofar as practicable, accord to such
nationals the same treatment upon a reciprocal basis as such
foreign country accords to nationals of the United States who
are within a similar class; except that in the case of aliens
who are nationals of a foreign country and who either are
granted refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the treatment
granted by that other foreign country to alien refugees and
permanent residents, respectively, in the United States. An
immigrant visa may be replaced under the original number during
the fiscal year in which the original visa was issued for an
immigrant who establishes to the satisfaction of the consular
officer that he was unable to use the original immigrant visa
during the period of its validity because of reasons beyond his
control and for which he was not responsible: Provided, That
the immigrant is found by the consular officer to be eligible
for an immigrant visa and the immigrant pays again the
statutory fees for an application and an immigrant visa.
(d) Physical examination.--Prior to the issuance of an
immigrant visa to any alien, the consular officer shall require
such alien to submit to a physical and mental examination in
accordance with such regulations as may be prescribed. Prior to
the issuance of a nonimmigrant visa to any alien, the consular
officer may require such alien to submit to a physical or
mental examination, or both, if in his opinion such examination
is necessary to ascertain whether such alien is eligible to
receive a visa.
(e) Surrender of visa.--Each immigrant shall surrender his
immigrant visa to the immigration officer at the port of entry,
who shall endorse on the visa the date and the port of arrival,
the identity of the vessel or other means of transportation by
which the immigrant arrived, and such other endorsements as may
be by regulations required.
(f) Surrender of documents.--Each nonimmigrant shall
present or surrender to the immigration officer at the port of
entry such documents as may be by regulation required. In the
case of an alien crewman not in possession of any individual
documents other than a passport and until such time as it
becomes practicable to issue individual documents, such alien
crewman may be admitted, subject to the provisions of this
title, if his name appears in the crew list of the vessel or
aircraft on which he arrives and the crew list is visaed by a
consular officer, but the consular officer shall have the right
to deny admission to any alien crewman from the crew list visa.
(g) Non-issuance of visas or other documents.--No visa or
other documentation shall be issued to an alien if (1) it
appears to the consular officer, from statements in the
application, or in the papers submitted therewith, that such
alien is ineligible to receive a visa or such other
documentation under section 212, or any other provision of law,
(2) the application fails to comply with the provisions of this
Act, or the regulations issued thereunder, or (3) the consular
officer knows or has reason to believe that such alien is
ineligible to receive a visa or such other documentation under
section 212, or any other provision of law: Provided, That a
visa or other documentation may be issued to an alien who is
within the purview of section 212(a)(4), if such alien is
otherwise entitled to receive a visa or other documentation,
upon receipt of notice by the consular officer from the
Attorney General of the giving of a bond or undertaking
providing indemnity as in the case of aliens admitted under
section 213; Provided further, That a visa may be issued to an
alien defined in section 101(a)(15)(B) or (F), if such alien is
otherwise entitled to receive a visa, upon receipt of a notice
by the consular officer from the Attorney General of the giving
of a bond with sufficient surety in such sum and containing
such conditions as the consular officer shall prescribe, to
insure that at the expiration of the time for which such alien
has been admitted by the Attorney General, as provided in
section 214(a), or upon failure to maintain the status under
which he was admitted, or to maintain any status subsequently
acquired under section 248 of the Act, such alien will depart
from the United States.
(h) Nonadmission upon arrival.--Nothing in this Act shall
be construed to entitle any alien, to whom a visa or other
documentation has been issued, to be admitted to \10\ the
United States, if, upon arrival at a port of entry in the
United States, he is found to be inadmissible under this Act,
or any other provision of law. The substance of this subsection
shall appear upon every visa application.
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\10\ As enrolled; should probably read ``into''.
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(i) Revocation of visas or documents.--After the issuance
of a visa or other documentation to any alien, the consular
officer or the Secretary of State may at any time, in his
discretion, revoke such visa or other documentation. Notice of
such revocation shall be communicated to the Attorney General,
and such revocation shall invalidate the visa or other
documentation from the date of issuance: Provided, That
carriers or transportation companies, and masters, commanding
officers, agents, owners, charterers, or consignees, shall not
be penalized under section 273(b) for action taken in reliance
on such visas or other documentation, unless they received due
notice of such revocation prior to the alien's embarkation.
There shall be no means of judicial review (including review
pursuant to section 2241 of title 28, United States Code, or
any other habeas corpus provision, and sections 1361 and 1651
of such title) of a revocation under this subsection, except in
the context of a removal proceeding if such revocation provides
the sole ground for removal under section 237(a)(1)(B).
application for visas
Sec. 222.\11\ (a) Immigrant visas.--Every alien applying
for an immigrant visa and for alien registration shall make
application therefor in such form and manner and at such place
as shall be by regulations prescribed. In the application the
alien shall state his full and true name, and any other name
which he has used or by which he has been known; age and sex;
the date and place of his birth; and such additional
information necessary to the identification of the applicant
and the enforcement of the immigration and nationality laws as
may be by regulations prescribed.
---------------------------------------------------------------------------
\11\ 8 U.S.C. 1202. Enacted in Public Law 82-414; substantially
amended by sec. 6 of Public Law 87-301 (75 Stat. 653); sec. 11(c) of
Public Law 89-236 (79 Stat. 918); sec. 6 of Public Law 99-653 (100
Stat. 3656); secs. 8(e) and 9(j) of Public Law 100-525 (102 Stat. 2617,
2620); sec. 205(a) of Public Law 103-416 (108 Stat. 4311); sec. 632(a)
of Public Law 104-208 (110 Stat. 3009-701); sec. 413 of Public Law 107-
56 (115 Stat. 353) and secs. 5301, 5302, and 7203(b) of Public Law 108-
458 (118 Stat. 3735, 3814).
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(b) Other documentary evidence for immigrant visa.--Every
alien applying for an immigrant visa shall present a valid
unexpired passport or other suitable travel document, or
document of identity and nationality, if such document is
required under the regulations issued by the Secretary of
State. The immigrant shall furnish to the consular officer with
his application a copy of a certification by the appropriate
police authorities stating what their records show concerning
the immigrant; a certified copy of any existing prison record,
military record, and record of his birth; and a certified copy
of all other records or documents concerning him or his case
which may be required by the consular officer. The copy of each
document so furnished shall be permanently attached to the
application and become a part thereof. In the event that the
immigrant establishes to the satisfaction of the consular
officer that any document or record required by this subsection
is unobtainable, the consular officer may permit the immigrant
to submit in lieu of such document or record other satisfactory
evidence of the fact to which such document or record would, if
obtainable, pertain. All immigrant visa applications shall be
reviewed and adjudicated by a consular officer.
(c) Nonimmigrant visas; immigrant registration; form,
manner and contents of application.--Every alien applying for a
nonimmigrant visa and for alien registration shall make
application therefor in such form and manner as shall be by
regulations prescribed. In the application the alien shall
state his full and true name, the date and place of birth, his
nationality, the purpose and length of his intended stay in the
United States; his marital status; and such additional
information necessary to the identification of the applicant,
the determination of his eligibility for a nonimmigrant visa,
and the enforcement of the immigration and nationality laws as
may be by regulations prescribed. The alien shall provide
complete and accurate information in response to any request
for information contained in the application. At the discretion
of the Secretary of State, application forms for the various
classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being
requested.
(d) Other documentary evidence for nonimmigrant visa.--
Every alien applying for a nonimmigrant visa and alien
registration shall furnish to the consular officer, with his
application, a certified copy of such documents pertaining to
him as may be by regulations required. All nonimmigrant visa
applications shall be reviewed and adjudicated by a consular
officer.
(e) Signing and verification of application.--Except as may
be otherwise prescribed by regulations, each application for an
immigrant visa shall be signed by the applicant in the presence
of the consular officer, and verified by the oath of the
applicant administered by the consular officer. The application
for an immigrant visa, when visaed by the consular officer,
shall become the immigrant visa. The application for a
nonimmigrant visa or other documentation as a nonimmigrant
shall be disposed of as may be by regulations prescribed. The
issuance of a nonimmigrant visa shall, except as may be
otherwise by regulations prescribed, be evidenced by a stamp,
or other \12\ placed in the alien's passport.
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\12\ As enrolled.
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(f) Confidential nature of records.--The records of the
Department of State and of diplomatic and consular offices of
the United States pertaining to the issuance or refusal of
visas or permits to enter the United States shall be considered
confidential and shall be used only for the formulation,
amendment, administration, or enforcement of the immigration,
nationality, and other laws of the United States, except that--
(1) in the discretion of the Secretary of State
certified copies of such records may be made available
to a court which certifies that the information
contained in such records is needed by the court in the
interest of the ends of justice in a case pending
before the court.\13\
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\13\ As enrolled.
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(2) the Secretary of State, in the Secretary's
discretion and on the basis of reciprocity, may provide
to a foreign government information in the Department
of State's computerized visa lookout database and, when
necessary and appropriate, other records covered by
this section related to information in the database--
(A) with regard to individual aliens, at any
time on a case-by-case basis for the purpose of
preventing, investigating, or punishing acts
that would constitute a crime in the United
States, including, but not limited to,
terrorism or trafficking in controlled
substances, persons, or illicit weapons; or
(B) with regard to any or all aliens in the
database, pursuant to such conditions as the
Secretary of State shall establish in an
agreement with the foreign government in which
that government agrees to use such information
and records for the purposes described in
subparagraph (A) or to deny visas to persons
who would be inadmissible to the United States.
(g) Elimination of consulate shopping for visa overstays.--
(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the
United States beyond the period of stay authorized by
the Attorney General, such visa shall be void beginning
after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
(A) on the basis of a visa (other than the
visa described in paragraph (1)) issued in a
consular office located in the country of the
alien's nationality (or, if there is no office
in such country, in such other consular office
as the Secretary of State shall specify); or
(B) where extraordinary circumstances are
found by the Secretary of State to exist.
(h) Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for a
nonimmigrant visa--
(1) who is at least 14 years of age and not more than
79 years of age to submit to an in person interview
with a consular officer unless the requirement for such
interview is waived--
(A) by a consular official and such alien
is--
(i) within that class of
nonimmigrants enumerated in
subparagraph (A) or (G) of section
101(a)(15);
(ii) within the NATO visa category;
(iii) within that class of
nonimmigrants enumerated in section
101(a)(15)(C)(iii) (referred to as the
``C-3 visa'' category); or
(iv) granted a diplomatic or official
visa on a diplomatic or official
passport or on the equivalent thereof;
(B) by a consular official and such alien is
applying for a visa--
(i) not more than 12 months after the
date on which such alien's prior visa
expired;
(ii) for the visa classification for
which such prior visa was issued;
(iii) from the consular post located
in the country of such alien's usual
residence, unless otherwise prescribed
in regulations that require an
applicant to apply for a visa in the
country of which such applicant is a
national; and
(iv) the consular officer has no
indication that such alien has not
complied with the immigration laws and
regulations of the United States; or
(C) by the Secretary of State if the
Secretary determines that such waiver is--
(i) in the national interest of the
United States; or
(ii) necessary as a result of unusual
or emergent circumstances; and
(2) notwithstanding paragraph (1), to submit to an in
person interview with a consular officer if such
alien--
(A) is not a national or resident of the
country in which such alien is applying for a
visa;
(B) was previously refused a visa, unless
such refusal was overcome or a waiver of
ineligibility has been obtained;
(C) is listed in the Consular Lookout and
Support System (or successor system at the
Department of State);
(D) is a national of a country officially
designated by the Secretary of State as a state
sponsor of terrorism, except such nationals who
possess nationalities of countries that are not
designated as state sponsors of terrorism;
(E) requires a security advisory opinion or
other Department of State clearance, unless
such alien is--
(i) within that class of
nonimmigrants enumerated in
subparagraph (A) or (G) of section
101(a)(15);
(ii) within the NATO visa category;
(iii) within that class of
nonimmigrants enumerated in section
101(a)(15)(C)(iii) (referred to as the
``C-3 visa'' category); or
(iv) an alien who qualifies for a
diplomatic or official visa, or its
equivalent; or
(F) is identified as a member of a group or
sector that the Secretary of State determines--
(i) poses a substantial risk of
submitting inaccurate information in
order to obtain a visa;
(ii) has historically had visa
applications denied at a rate that is
higher than the average rate of such
denials; or
(iii) poses a security threat to the
United States.
* * * * * * *
(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.
---------------------------------------------------------------------------
\1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------
(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; as 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 EFFECTIVE RESETTLEMENT OF REFUGEES
IN THE UNITED STATES''. 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;
as amended by Public Law 107-258 [Persian Gulf War POW/MIA
Accountability Act of 2002; S. 1339], 116 Stat. 1738, approved October
29, 2002
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.
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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. 3A.\2\ AMERICAN PERSIAN GULF 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.
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\2\ Sec. 2(a) of the Persian Gulf War POW/MIA Accountability Act of
2002 (Public Law 107-258; 116 Stat. 1738) added sec. 3A.
---------------------------------------------------------------------------
(b) Eligibility.--
(1) In general.--Except as provided in paragraph (2),
an alien described in this subsection is--
(A) any alien who--
(i) is a national of Iraq or a nation
of the Greater Middle East Region (as
determined by the Attorney General in
consultation with the Secretary of
State); and
(ii) personally delivers into the
custody of the United States Government
a living American Persian Gulf War POW/
MIA; and
(B) any parent, spouse, or child of an alien
described in subparagraph (A).
(2) Exceptions.--An alien described in this
subsection does not include a terrorist, a persecutor,
a person who has been convicted of a serious criminal
offense, or a person who presents a danger to the
security of the United States, as set forth in clauses
(i) through (v) of section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)).
(c) Definitions.--In this section:
(1) American persian gulf war pow/mia.--
(A) In general.--Except as provided in
subparagraph (B), the term ``American Persian
Gulf 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 Persian
Gulf War, or any successor conflict,
operation, or action; 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 Persian Gulf
War, or any successor conflict,
operation, or action.
(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 Persian Gulf War, or any successor
conflict, operation, or action, means the status of an
individual as a result of the Persian Gulf War, or such
conflict, operation, or action, if immediately before
that status began the individual--
(A) was performing service in Kuwait, Iraq,
or another nation of the Greater Middle East
Region; or
(B) was performing service in the Greater
Middle East Region in direct support of
military operations in Kuwait or Iraq.
(3) Persian gulf war.--The term ``Persian Gulf War''
means the period beginning on August 2, 1990, and
ending on the date thereafter prescribed by
Presidential proclamation or by law.
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; \3\
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\3\ Sec. 2(b) of the Persian Gulf War POW/MIA Accountability Act of
2002 (Public Law 107-258; 116 Stat. 1739) struck out ``and'' at the end
of subpara. (A); struck out a period at the end of subpara. (B) and
inserted in lieu thereof ``; and'' and added a new subpara. (C).
---------------------------------------------------------------------------
(B) Russia and the other independent states
of the former Soviet Union; and \3\
(C) \3\ Iraq, Kuwait, or any other country of
the Greater Middle East Region (as determined
by the International Broadcasting Bureau in
consultation with the Attorney General and the
Secretary of State).
(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 of 1998 \1\
Public Law 105-319 [H.R. 4293], 112 Stat. 3013, approved October 30,
1998; as amended by Public Law 107-234 [H.R. 4558], 116 Stat. 1481,
approved October 4, 2002; and Public Law 108-449 [H.R. 2655], 118 Stat.
3469, approved December 10, 2004
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
Secretary of Homeland Security \2\ 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 Secretary of Homeland
Security \2\ shall cooperate with nongovernmental
organizations to assist those admitted to participate
fully in the economic, social, and cultural life of the
United States.
---------------------------------------------------------------------------
\2\ Sec. 2(a)(4)(A) of Public Law 108-449 (118 Stat. 3470) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security'' throughout the Act.
---------------------------------------------------------------------------
(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 4 \3\ consecutive program
years.
---------------------------------------------------------------------------
\3\ Sec. 1(1) of Public Law 107-234 (116 Stat. 1481) struck out
``3'' and inserted in lieu thereof ``4''.
---------------------------------------------------------------------------
(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 Department of Homeland
Security \4\ 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 each program year,\5\ the Department of Homeland
Security \4\ 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\ Sec. 2(a)(4)(B) of Public Law 108-449 (118 Stat. 3470) struck
out ``Immigration and Naturalization Service'' and inserted in lieu
thereof ``Department of Homeland Security'' throughout the Act.
\5\ Sec. 1(a)(2)(A) of Public Law 108-449 (118 Stat. 3469) struck
out ``the third program year and for the 4 subsequent years,'' and
inserted in lieu thereof ``each program year,''. Previously, sec. 1(2)
of Public Law 107-234 (116 Stat. 1481) struck out ``3'' and inserted in
lieu thereof ``4''.
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(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.
(5) \6\ Program participant requirements.--An alien
entering the United States as a participant in the
program shall satisfy the following requirements:
---------------------------------------------------------------------------
\6\ Sec. 1(a)(1) of Public Law 108-449 (118 Stat. 3469) added para.
(5).
---------------------------------------------------------------------------
(A) The alien shall be a citizen of the
United Kingdom or the Republic of Ireland.
(B) The alien shall be between 21 and 35
years of age on the date of departure for the
United States.
(C) The alien shall have resided continuously
in a designated county for not less than 18
months before such date.
(D) The alien shall have been continuously
unemployed for not less than 12 months before
such date.
(E) The alien may not have a degree from an
institution of higher education.
(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 Secretary of
Homeland Security \2\ 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) \7\ Cost-sharing.--The Secretary of State shall verify
that the United Kingdom and the Republic of Ireland continue to
pay a reasonable share of the costs of the administration of
the cultural and training programs carried out pursuant to this
Act.
---------------------------------------------------------------------------
\7\ Sec. 1(a)(3) of Public Law 108-449 (118 Stat. 3470)
redesignated subsecs. (c) and (d) as subsecs. (d) and (e),
respectively, and added a new subsec. (c).
---------------------------------------------------------------------------
(d) \7\ 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.
(e) \7\, \8\ Sunset.--
---------------------------------------------------------------------------
\8\ Sec. 2(a)(2)(B) of Public Law 108-449 (118 Stat. 3469) amended
and restated subsec. (d), subsequently redesignated as subsec. (e). As
amended by sec. 1(3) of Public Law 107-234 (116 Stat. 1481), the
subsec. had read as follows:
``(d) Sunset.--
---------------------------------------------------------------------------
``(1) Effective October 1, 2006, the Irish Peace Process Cultural and
Training Program Act of 1998 is repealed.
``(2) Effective October 1, 2006, 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).''.
(1) Effective October 1, 2008, the Irish Peace
Process Cultural and Training Program Act of 1998 is
repealed.
(2) Effective October 1, 2008, 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;
as amended by Executive Order 13286, February 28, 2003, 68 F.R. 10619
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 Secretary of Homeland Security,\1\ in his
unreviewable discretion, may decide that a person who
is a refugee will not be returned without his consent.
---------------------------------------------------------------------------
\1\ Sec. 30 of Executive Order 13286 (February 28, 2003; 68 F.R.
10625) struck out ``the Attorney General'' and inserted in lieu thereof
``the Secretary of Homeland Security''.
---------------------------------------------------------------------------
(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; and by Executive Order 13286, February 28, 2003, 68 F.R. 10619
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 to \1\ the Secretary of State and the Secretary of
Homeland Security,\2\ 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)).
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\1\ Sec. 49(a) of Executive Order 13286 (February 28, 2003; 68 F.R.
10628) struck out ``the following functions: (a) To'' and inserted in
lieu thereof ``to''. Sec. 49(c) of that Order struck out secs. 1-101(b)
and 1-102; sec. 49(d) redesignated secs. 1-103 and 1-104 as secs. 1-102
and 1-103, respectively.
\2\ Sec. 49(b) of Executive Order 13286 (February 28, 2003; 68 F.R.
10628) struck out ``the Attorney General'' and inserted in lieu thereof
``the Secretary of Homeland Security''.
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1-102.\1\ 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).
1-103.\1\ 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
Title IX of of Public Law 105-277 [H.R. 4328], 112 Stat. 2681-538,
approved October 21, 1998; as 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; Public Law 106-554 [H.R. 4577], 114
Stat. 2763, approved December 21, 2000; and Public Law 109-162
[Violence Against Women and Department of Justice Reauthorization Act
of 2005; H.R. 3402], 119 Stat. 2960, approved January 5, 2006
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 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) \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 who is
or was eligible for classification \5\ 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;''.
\5\ Sec. 824(a)(1) of Public Law 109-162 (119 Stat. 3063) struck
out ``whose status is adjusted to that of an alien lawfully admitted
for permanent residence'' and inserted in lieu thereof ``who is or was
eligible for classification''. Sec. 824(b) of that Act provided that
such amendment ``shall take effect as if included in the enactment of
the Violence Against Women Act of 2000 (division B of Public Law 106-
386; 114 Stat. 1491).''.
---------------------------------------------------------------------------
(ii) at the time of filing of the application
for adjustment under subsection (a), the alien
is the spouse or child of an alien who is or
was eligible for classification \6\ 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
---------------------------------------------------------------------------
\6\ Sec. 824(a)(2) of Public Law 109-162 (119 Stat. 3063) struck
out ``whose status is adjusted to that of an alien lawfully admitted
for permanent residence'' and inserted in lieu thereof ``who is or was
eligible for classification''. Sec. 824(b) of that Act provided that
such amendment ``shall take effect as if included in the enactment of
the Violence Against Women Act of 2000 (division B of Public Law 106-
386; 114 Stat. 1491).''.
---------------------------------------------------------------------------
(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)(J).\7\
---------------------------------------------------------------------------
\7\ Sec. 824(a)(3) of Public Law 109-162 (119 Stat. 3063) struck
out ``204(a)(1)(H)'' and inserted in lieu thereof ``204(a)(1)(J)''.
Sec. 824(b) of that Act provided that such amendment ``shall take
effect as if included in the enactment of the Violence Against Women
Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).''.
---------------------------------------------------------------------------
(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.\8\ 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:
---------------------------------------------------------------------------
\8\ 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.\9\ 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:
---------------------------------------------------------------------------
\9\ 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; as 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 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.
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(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; as amended by Public Law 104-208 [Omnibus
Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
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(d) \2\ 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.
---------------------------------------------------------------------------
\2\ Sec. 308(g)(7)(C)(ii) of Public Law 104-208 (110 Stat. 3009-
624) struck out ``243(g)'' and inserted in lieu thereof ``243(d)''.
---------------------------------------------------------------------------
(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; as amended by Public Law 96-424 [S. 3180], 94 Stat.
1820, approved October 10, 1980; and Public Law 104-208 [Omnibus
Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
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.
(c)(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) [Repealed--1980] \2\
---------------------------------------------------------------------------
\2\ Public Law 96-424 (94 Stat. 1820) repealed sec. 501(c)(5),
which had read as follows:
``(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 removal \3\
proceedings under the Immigration and
Nationality Act; or
---------------------------------------------------------------------------
\3\ Sec. 308(d)(4)(T)(i) of Public Law 104-208 (110 Stat. 3009-619)
struck out ``exclusion or deportation'' and inserted in lieu thereof
``removal''.
---------------------------------------------------------------------------
(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
removal \4\ has not been entered.
---------------------------------------------------------------------------
\4\ Sec. 308(d)(4)(T)(ii) of Public Law 104-208 (110 Stat. 3009-
619) struck out ``deportation or removal'' and inserted in lieu thereof
``removal''.
(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; as 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; Public Law 106-386
[Victims of Trafficking and Violence Protection Act of 2000; H.R.
3244], 114 Stat. 1464, approved October 28, 2000; and Public Law 109-
162 [Violence Against Women and Department of Justice Reauthorization
Act of 2005; H.R. 3402], 119 Stat. 2960, approved January 5, 2006
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)(J).\3\ An alien who was the spouse of any
Cuban alien described in this section and has resided with such
spouse shall continue to be treated as such a spouse for 2
years after the date on which the Cuban alien dies (or, if
later, 2 years after the date of enactment of Violence Against
Women and Department of Justice Reauthorization Act of 2005),
or for 2 years after the date of termination of the marriage
(or, if later, 2 years after the date of enactment of Violence
Against Women and Department of Justice Reauthorization Act of
2005) if there is demonstrated a connection between the
termination of the marriage and the battering or extreme
cruelty by the Cuban alien.\4\
---------------------------------------------------------------------------
\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.
823(a)(1) of Public Law 109-162 (119 Stat. 3063) struck out
``204(a)(1)(H)'' and inserted in lieu thereof ``204(a)(1)(J)'',
effective ``as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491)''
pursuant to sec. 823(b) of that Act.
\4\ Sec. 823(a)(2) of Public Law 109-162 (119 Stat. 3063) added
this sentence.
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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.\5\ 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.
---------------------------------------------------------------------------
\5\ 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; as amended by Executive Order 13286, February 28, 2003, 68 F.R.
10619
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 Secretary of Homeland Security \1\ 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 Secretary of Homeland
Security.\1\
---------------------------------------------------------------------------
\1\ Sec. 48 of Executive Order 13286 (February 28, 2003; 68 F.R.
10628) struck out ``The Attorney General'' and inserted in lieu thereof
``The Secretary of Homeland Security'', and struck out ``the Attorney
General'' and inserted in lieu thereof ``the Secretary of Homeland
Security'', respectively.
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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; as amended by Public Law 104-208 [Omnibus
Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
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 inadmissible \2\ under the immigration
laws of the United States.
---------------------------------------------------------------------------
\2\ Sec. 308(d)(3)(E) of Public Law 104-208 (110 Stat. 3009-617)
struck out ``excludable'' and inserted in lieu thereof
``inadmissible''.
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* * * * * * *
(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:
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\2\ Sec. 804 was also enacted as sec. 905(a), paras. (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 assembled, 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.
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* * * * * * *
(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''.
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(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; as amended by Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
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. A scientist is not eligible for designation
under this subsection if the scientist has previously been
granted the status of an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20)).\2\
---------------------------------------------------------------------------
\2\ Sec. 1304(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1437), added this sentence.
Sec. 1304(d) of that Act, furthermore, provided the following:
``(d) Consultation Requirement.--The Attorney General shall consult
with the Secretary, the Secretary of Defense, the Secretary of Energy,
and the heads of other appropriate agencies of the United States
regarding--
---------------------------------------------------------------------------
``(1) previous experience in implementing the Soviet Scientists
Immigration Act of 1992; and
``(2) any changes that those officials would recommend in the regulations
prescribed under that Act.''.
(b) Regulations.--The Attorney General shall prescribe
regulations to carry out subsection (a).
(c) Limitation.--Not more than 950 \3\ 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)).
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\3\ Sec. 1304(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1436), struck out ``750'' and
inserted in lieu thereof ``950''.
---------------------------------------------------------------------------
(d) \4\ Duration of Authority.--The authority under
subsection (a) shall be in effect during the following periods:
---------------------------------------------------------------------------
\4\ Sec. 1304(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1436), amended and restated
subsec. (d). Previously, subsec. (d) stated the termination of
authority of subsec. (a) ``4 years after the date of enactment of this
Act.''.
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(1) The period beginning on the date of the enactment
of this Act and ending 4 years after such date.
(2) The period beginning on the date of the enactment
of the Security Assistance Act of 2002 and ending 4
years after such date.
(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; as 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; 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; Public Law 107-116 [Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2002; H.R. 3061], 115 Stat. 2177, approved
January 10, 2002; Public Law 108-7 [Consolidated Appropriations
Resolution, 2003; H.J. Res. 2], 117 Stat. 11, approved February 20,
2003; Public Law 108-199 [Consolidated Appropriations Resolution, 2004;
H.R. 2673], 118 Stat. 3, approved January 23, 2004; Public Law 108-447
[Consolidated Appropriations Resolution, 2005; H.R. 4818], 118 Stat.
2809, approved December 8, 2004; and Public Law 109-102 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2006; H.R. 3057], 119 Stat. 2172, approved November 14, 2005
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
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\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.
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(2) was inspected and granted parole into the United
States during the period beginning on August 15, 1988,
and ending on September 30, 2006,\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 the 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. 1501A-240), extended the
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. Sec. 213(2) of the Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2002 (Public Law 107-116; 115 Stat. 2200),
extended the date to September 30, 2002. Sec. 213(2) of the
Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117
Stat. 324), extended the date to September 30, 2003. Sec. 213(2) of the
Consolidated Appropriations Resolution, 2004 (Public Law 108-199; 118
Stat. 253), extended the date to September 30, 2004. Sec. 213(2) of the
Consolidated Appropriations Resolution, 2005 (Public Law 108-447; 118
Stat. 3140), extended the date to September 30, 2005. Sec. 534(m)(2) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2211), extended
the date to September 30, 2006.
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(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.
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\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)''.
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(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.
10. 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.
11. The Asia Foundation Act
Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1038,
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 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; 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 Public Law 107-228 [Foreign Relations Authorization Act, Fiscal
Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30, 2002
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\ There is authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2003 for
grants to The Asia Foundation pursuant to this title.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 4403. Sec. 116 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1360), 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); fiscal years 1998
and 1999--$10,000,000 (Public Law 105-277); and fiscal years 2000 and
2001--$15,000,000 (Public Law 106-113).
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, 2006
(title IV of Public Law 109-108; 119 Stat. 2324), provided the
following:
---------------------------------------------------------------------------
``Payment to the Asia Foundation
---------------------------------------------------------------------------
``For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $14,000,000, 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)................ 1427
b. Educational, Cultural, and Public Diplomacy Authorities,
Fiscal Year 2003 (Public Law 107-228) (partial text)... 1458
c. United States Informational, Educational, and Cultural
Programs Authorization, Fiscal Years 2000 and 2001
(Public Law 106-113) (partial text).................... 1462
d. United States Informational, Educational, and Cultural
Programs Authorization, Fiscal Years 1998 and 1999
(Public Law 105-277) (partial text).................... 1468
e. Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319) (partial
text).................................................. 1473
f. United States Information Agency Authorization, Fiscal
Years 1994 and 1995 (Public Law 103-236) (partial text) 1476
g. United States Information Agency Authorization, Fiscal
Years 1992 and 1993 (Public Law 102-138) (partial text) 1489
h. United States Information Agency Authorization, Fiscal
Years 1990 and 1991 (Public Law 101-246) (partial text) 1501
i. United States Information Agency Authorization, Fiscal
Years 1988 and 1989 (Public Law 100-204) (partial text) 1509
j. United States Information Agency Authorization, Fiscal
Years 1986 and 1987 (Public Law 99-93) (partial text).. 1519
k. United States Information Agency Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164) (partial
text).................................................. 1523
l. United States Information Agency Authorization Act,
Fiscal Years 1982 and 1983 (Public Law 97-241) (partial
text).................................................. 1528
m. International Communication Agency Authorization Act,
Fiscal Years 1980 and 1981 (Public Law 96-60) (partial
text).................................................. 1532
n. International Communication Agency Authorization for
Fiscal Year 1979 (Public Law 95-426) (partial text).... 1534
o. United States Information Agency Authorization for
Fiscal Year 1978 (Public Law 95-105) (partial text).... 1537
p. United States Information Agency Authorization for
Fiscal Year 1977 (Public Law 94-350) (partial text).... 1539
q. United States Informational, Educational, and Cultural
Programs Appropriations, 2006 (Public Law 109-108)
(partial text)......................................... 1541
r. Au Pair Provisions...................................... 1543
(1) Extension of Au Pair Program (Public Law 104-72). 1543
(2) Miscellaneous International Affairs
Authorizations Act of 1988 (title III, S. 2757).. 1544
s. Reorganization Plan No. 8 of 1953....................... 1545
t. Reorganization Plan No. 2 of 1977....................... 1546
u. Coordination of U.S. Government International Exchange
and Training Programs (Executive Order 13055).......... 1551
v. International Communications Agency (United States
Information Agency) (Executive Order 12048)............ 1553
w. Authority of Director, United States Information Agency
(Executive Order 10477)................................ 1555
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)....... 1557
b. International Academic Opportunity Act of 2000 (Public
Law 106-309) (partial text)............................ 1577
c. Open World Leadership Center--Legislative Branch (Public
Law 106-554) (partial text)............................ 1579
d. Russian Leadership Program (Public Law 106-31) (partial
text).................................................. 1583
e. Exchange Program with Countries in Transition from
Totalitarianism to Democracy (Public Law 101-610)
(partial text)......................................... 1587
f. Administration of the Mutual Educational and Cultural
Exchange Act of 1961 (Executive Order 11034)........... 1589
3. Vietnam Education Foundation Act of 2000 (Public Law 106-554)
(partial text)............................................... 1595
4. Irish Peace Process Cultural and Training Program Act of 1998
(Public Law 105-319) (partial text).......................... 1602
5. Caribbean and Central America Scholarship Assistance (Public
Law 101-382) (partial text).................................. 1605
6. United States Scholarship Program for Developing Countries
Authorization, Fiscal Years 1986 and 1987 (Public Law 99-93)
(partial text)............................................... 1608
7. National Endowment for Democracy Act (Public Law 98-164)
(partial text)............................................... 1615
8. Fascell Fellowship Act (Public Law 99-399) (partial text)..... 1622
9. Soviet, Former Soviet, Eastern European Education and Training
Programs
a. FREEDOM Support Act (Title VIII of Public Law 102-511)
(partial text)......................................... 1626
b. Soviet-Eastern Europe Educational Exchange Programs in
the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 (Public Law 102-138) (partial text)...... 1629
c. Eisenhower Exchange Fellowship Act (Public Law 101-454). 1634
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)................ 1638
10. United States--India Programs
a. United States-India Fund for Cultural, Educational, and
Scientific Cooperation Act (Public Law 98-164) (partial
text).................................................. 1644
b. Delegation Concerning the United States-India Fund for
Cultural, Educational and Scientific Cooperation
(Executive Order 12517)................................ 1646
11. Dante B. Fascell North-South Center Act of 1991 (Public Law
102-138) (partial text)...................................... 1647
12. Center for Cultural and Technical Interchange Between East
and West Act of 1960 (Public Law 86-472) (partial text)...... 1649
13. Japan-United States Friendship Act (Public Law 94-118)....... 1651
14. Exchange of Materials and Objects
a. International Circulation of Visual and Auditory
Materials (Public Law 89-634 (partial text)............ 1658
b. Carrying Out Provisions of the Beirut Agreement of 1949
(Executive Order 11311)................................ 1660
c. Exemption from Judicial Seizure of Cultural Objects
Imported for Temporary Display......................... 1661
(1) Public Law 89-259................................ 1661
(2) Imported Articles of Cultural Significance
(Executive Order 12047).......................... 1662
15. Convention on Cultural Property Implementation Act (Public
Law 97-446) (partial text)................................... 1664
16. United States Recognition and Participation in International
Expositions (Public Law 91-269).............................. 1680
17. International Broadcasting
a. United States International Broadcasting Act of 1994
(Public Law 103-236) (partial text).................... 1684
b. Board for International Broadcasting Authorization,
Fiscal Year 2003 (Public Law 107-228) (partial text)... 1701
c. Board for International Broadcasting Authorization,
Fiscal Years 2000 and 2001 (Public Law 106-113)
(partial text)......................................... 1704
d. Board for International Broadcasting Authorization,
Fiscal Years 1998 and 1999 (Public Law 105-277)
(partial text)......................................... 1706
e. Board for International Broadcasting Authorization,
Fiscal Years 1992 and 1993 (Public Law 102-138)
(partial text)......................................... 1715
f. Board for International Broadcasting Authorization,
Fiscal Years 1990 and 1991 (Public Law 101-246)
(partial text)......................................... 1720
g. Board for International Broadcasting Authorization,
Fiscal Years 1988 and 1989 (Public Law 100-204)
(partial text)......................................... 1722
h. Board for International Broadcasting Authorization,
Fiscal Years 1986 and 1987 (Public Law 99-93) (partial
text).................................................. 1723
i. Board for International Broadcasting Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164) (partial
text).................................................. 1726
j. Board for International Broadcasting Authorization Act,
Fiscal Years 1982 and 1983 (Public Law 97-241) (partial
text).................................................. 1728
k. International Broadcasting Operations Appropriations.... 1729
(1) International Broadcasting Operations
Appropriations, 2006 (Public Law 109-108)
(partial text)................................... 1729
(2) International Broadcasting Operations, Emergency
Supplemental Appropriations, 2005 (Public Law
109-13) (partial text)........................... 1731
18. Radio Free Afghanistan Act (Public Law 107-148).............. 1733
19. Radio Free Asia Act of 1998 (Public Law 105-261) (partial
text)........................................................ 1735
20. Broadcasting to Cuba
a. Television Broadcasting to Cuba Act (Public Law 101-246)
(partial text)......................................... 1737
b. Radio Broadcasting to Cuba Act (Public Law 98-111)...... 1745
c. Establishing Advisory Panel on Radio Marti and TV Marti
(Public Law 103-121) (partial text).................... 1753
21. Establishing a Commission on Security and Cooperation in
Europe (Public Law 94-304)................................... 1755
=======================================================================
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................ 1430
Section 1--Short Title....................................... 1430
Section 2--Objectives........................................ 1430
Section 3--United Nations.................................... 1430
Section 4--Definitions....................................... 1430
Title II--Interchange of Persons, Knowledge, and Skills.......... 1431
Section 202--Books and Materials............................. 1431
Section 203--Institutions.................................... 1431
Title III--Assignment of Specialists............................. 1432
Section 301--Persons To Be Assigned.......................... 1432
Section 302--Status and Allowances........................... 1432
Section 303--Acceptance of Office Under Another Government... 1433
Title IV--Participation by Government Agencies................... 1433
Section 401--General Authority............................... 1433
Section 402--Technical and Other Services.................... 1434
Section 403--Policy Governing Services....................... 1434
Title V--Disseminating Information About the United States Abroad 1435
Section 501--General Authorization........................... 1435
Section 502--Policies Governing Information Activities....... 1437
Section 504--Voice of America/Europe......................... 1438
Section 505--USIA Satellite and Television................... 1438
Section 506--Voice of America Hiring Practices............... 1439
Title VI--Advisory Commissions To Formulate Policies............. 1440
Section 601--Advisory Commissions to Formulate Policies...... 1440
Section 602--Membership of the Commission: General Provisions 1441
Section 603--Recommendations and Reports..................... 1441
Section 604--United States Advisory Commission on Public
Diplomacy.................................................. 1442
Title VII--Appropriations........................................ 1444
Section 702--Transfer of Funds............................... 1444
Section 703--Authorization for Grants to Radio Free Europe
and Radio Liberty.......................................... 1444
Section 705--Notification of Reprogrammings and Grants....... 1444
Title VIII--Administrative Procedures............................ 1445
Section 801--The Director.................................... 1445
Section 802--Government Agencies............................. 1446
Section 803--Maximum Use of Existing Government Property and
Facilities................................................. 1448
Section 804--Basic Authority................................. 1448
Section 805--Travel Expenses................................. 1450
Section 806--Replacement of Passenger Motor Vehicles......... 1450
Section 809--Compensation for Disability or Death............ 1451
Section 810--Use of English-Teaching Program Fees............ 1451
Section 812--USIA Posts and Personnel Overseas............... 1452
Title IX--Funds Provided by Other Sources........................ 1452
Section 901--Reimbursement................................... 1452
Section 902--Advance of Funds................................ 1452
Title X--Miscellaneous........................................... 1453
Section 1002--Delegation of Authority........................ 1453
Section 1003--Restricted Information......................... 1453
Section 1004--Repeal of Act of May 25, 1938, as amended...... 1453
Section 1005--Utilization of Private Agencies................ 1453
Section 1006--Termination Pursuant to Concurrent Resolution
of Congress................................................ 1454
Section 1007--Veterans' Preference Act....................... 1454
Section 1010--Separability of Provisions..................... 1454
Section 1011--Informational Media Guaranties................. 1454
Section 1012--National Security Measures..................... 1456
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; 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; and Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
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 also 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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
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\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\ Sec. 304(a)(1) of Public Law 97-241 (96 Stat. 292) struck out
``citizen of the United States'' and inserted in lieu thereof
``person''.
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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\
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\14\ 22 U.S.C. 1452.
\15\ Sec. 302(a)(1) of Public Law 97-241 (96 Stat. 292) struck out
``citizen of the United States'' and inserted in lieu thereof ``person
in the employ or service of the Government of the United States''.
\16\ Sec. 304(a)(3) of Public Law 97-241 (96 Stat. 292) struck out
a reference to sec. 901(3) of the Foreign Service Act of 1946 (60 Stat.
990) and inserted in lieu thereof a reference to sec. 905 of the
Foreign Service Act of 1980.
\17\ Sec. 304(a)(3) of Public Law 97-241 (96 Stat. 292) struck out
a reference to sec. 1765 of the Revised Statutes and inserted in lieu
thereof a reference to 5 U.S.C. 5536.
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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.
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\18\ 22 U.S.C. 1453.
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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.
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\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.
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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.
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\21\ 22 U.S.C. 1457.
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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.
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\22\ 22 U.S.C. 1458.
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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.
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\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), any''; and added a new
subsec. (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\ Sec. 208 of the ICA Authorization Act, Fiscal Years 1980 and
1981 (Public Law 96-60; 93 Stat. 401), inserted the reference to the
``English Teaching Forum''.
Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided
the following:
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``sec. 1333. application of certain laws.
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``(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.''.
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(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.
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Note.--Notwithstanding the second sentence of section 501 [and after 1985, also notwithstanding sec.
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).
jj. Broadcast materials produced by the Africa Division of the Voice of America, terminates five
years after enactment--Public Law 106-309 [H.R. 1143], 114 Stat. 1078, approved October 17, 2000.
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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.
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\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.
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Sec. 503.\28\ * * * [Repealed--1994]
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\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.
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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--
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\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).
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(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.
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\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.
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(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\
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\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) The 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) The 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) The 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. Public Law 87-256 (75 Stat. 527) repealed sec.
601 insofar as it related to the United States Advisory Commission on
Educational Exchange.
\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. Public Law 87-256 (75 Stat. 527) repealed sec.
602 insofar as it related to the United States Advisory Commission on
Educational Exchange.
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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. Public Law 87-256 (75 Stat. 527) repealed sec.
603 insofar as it related to the United States Advisory Commission on
Educational Exchange.
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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. 1501A-446), however,
restored the Commission through October 1, 2001. Sec. 404 provided as
follows:
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``sec. 404. sunset of united states advisory commission on public
diplomacy.
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``(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:
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` ``sec. 1334. sunset of united states advisory commission on public
diplomacy.
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` ``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
(c); 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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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\ So in original; should probably read ``in''.
\57\ Sec. 204(a) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 400) struck out ``within the
limitation of such appropriations as the Congress may provide,'' at
this point.
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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\ Sec. 203(e) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 399), amended and restated para.
(3); the substantive change included 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), struck out
``twenty-five years'' and inserted in lieu thereof ``forty years''.
Previously, sec. 217 of Public Law 98-164 (97 Stat. 1036) struck out
``ten years'' and inserted in lieu thereof ``twenty-five 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\ Sec. 203(b)(1) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 398), amended and restated para.
(5). Formerly, para. (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 Broadcasting Board of Governors \69\ is
authorized to enter into contracts for periods not to exceed 7
years for circuit capacity to distribute radio and television
programs and is authorized to enter into contracts for periods
not to exceed ten years to acquire local broadcasting services
outside the United States.\70\
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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), through the text ``television programs''.
\69\ Sec. 503(2) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1393) struck out ``United
States Information Agency'' and inserted in lieu thereof ``Broadcasting
Board of Governors''.
\70\ Sec. 503(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1392) inserted ``and is
authorized to enter into contracts for periods not to exceed ten years
to acquire local broadcasting services outside the United States''.
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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.\71\ 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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\71\ 22 U.S.C. 1473.
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basic authority
Sec. 804.\72\ 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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\72\ 22 U.S.C. 1474. Public Law 92-352 (86 Stat. 389) added sec.
804.
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) \73\ 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,\74\ 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 \75\ and the
Attorney General;
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\73\ Sec. 203(b)(2) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 398), amended and restated para.
(1). Formerly, para. (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.
\74\ 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''.
\75\ Sec. 303(b) of Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461
note) struck out ``International Communication Agency'' and inserted in
lieu thereof ``United States Information Agency'', and further
provided: ``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 \76\ or such agency in
foreign countries, and pay the expenses incident
thereto;
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\76\ 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) \77\ 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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\77\ Sec. 205 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), amended and
restated para. (9).
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(10) rent or lease, for periods not exceeding ten
years,\78\ office buildings, grounds, and living
quarters abroad for employees carrying out this Act,
and make payments therefor in advance;
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\78\ Sec. 204(b)(1) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 400), struck out ``five years''
and inserted in lieu thereof ``ten years''.
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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) \79\ purchase uniforms;
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\79\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal
Year 1977 (Public Law 94-350), added para. (14). Sec. 204(b)(3) of the
ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93
Stat. 400), struck out ``when funds are appropriated therefor'' at the
end of the paragraph.
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(15) \80\ hire passenger motor vehicles;
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\80\ Sec. 204(b)(4) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 400) added paras. (15) through
(19).
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(16) \80\ purchase passenger motor vehicles for use
abroad, and right-hand drive and security \81\ vehicles
may be so purchased without regard to any maximum price
limitation established by law;
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\81\ Sec. 302(c) of Public Law 97-241 (96 Stat. 293) inserted ``and
security''.
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(17) \80\ procure services of experts and consultants
in accordance with section 3109 of title 5 of the
United States Code;
(18) \80\ make advances of funds;
(19) \80\ 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;
\82\
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\82\ 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 para. (19); ended para. (20) with a semicolon;
and added new paras. (21), (22), and (23).
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(20) \83\ 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; \82\
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\83\ Sec. 304(d) of Public Law 97-241 (96 Stat. 293) added para.
(20).
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(21) \82\ incur expenses authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.);
(22) \82\ furnish living quarters as authorized by
section 5912 of title 5, United States Code; and
(23) \82\ provide allowances as authorized by
sections 5921 through 5928 of title 5, United States
Code.''.
travel expenses
Sec. 805.\84\ 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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\84\ 22 U.S.C. 1475. Sec. 202 of Public Law 92-352 (86 Stat. 494)
added sec. 805.
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replacement of passenger motor vehicles
Sec. 806.\85\ 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 \86\ 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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\85\ 22 U.S.C. 1475a. Sec. 204 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (Public Law 94-350), added sec.
806.
\86\ Sec. 204(c) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 400) struck out ``are authorized
to be made'' and inserted in lieu thereof ``shall be''.
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Sec. 807.\87\ * * * [Repealed--1998]
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\87\ 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.\88\ * * * [Repealed--1998]
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\88\ 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.\89\ 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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\89\ 22 U.S.C. 1475d. Sec. 304(e) of Public Law 97-241 (96 Stat.
293) added sec. 809.
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use of english-teaching program fees
Sec. 810.\90\ (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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\90\ 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 previously 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.''.
[No subsec. (b) was enacted, despite the subsec. (a) designation.]
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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.\91\ * * * [Repealed--1998]
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\91\ 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 \92\
Sec. 812.\93\ (a) Limitation.--Except as provided under this
section no funds authorized to be appropriated to the
Department of State \94\ may be used to pay any expense
associated with the closing of any overseas public diplomacy
post \95\ abroad.
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\92\ 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.
\93\ 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.
\94\ 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''.
\95\ 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 \95\ abroad the Secretary
of State \96\ shall notify the Committee on Foreign Affairs
\97\ of the House of Representatives and the Committee on
Foreign Relations of the Senate.
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\96\ 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''.
\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.
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(c) Exceptions.--This section shall not apply to any overseas
public diplomacy post \95\ 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.\98\ The Secretary \76\ 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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\98\ 22 U.S.C. 1478.
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advance of funds
Sec. 902.\99\ 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 \76\ 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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\99\ 22 U.S.C. 1479.
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TITLE X--MISCELLANEOUS
loyalty check of personnel
Sec. 1001.\100\ * * * [Repealed--1979]
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\100\ Sec. 203(a)(1) of the ICA Authorization Act, Fiscal Years
1980 and 1981 (Public Law 96-60; 93 Stat. 398), repealed sec. 1001,
which concerned loyalty checks for personnel.
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delegation of authority
Sec. 1002.\101\ The Secretary \76\ may delegate to such
officers of the Government as the Secretary \76\ 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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\101\ 22 U.S.C. 1435.
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restricted information
Sec. 1003.\102\ 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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\102\ 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.\103\ In carrying out the provisions of this Act
it shall be the duty of the Secretary \76\ 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 \76\ 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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\103\ 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.\104\ 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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\104\ 22 U.S.C. 1438.
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reports to congress
Sec. 1008.\105\ * * * [Repealed--1980]
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\105\ Sec. 117 of Public Law 96-470 (94 Stat. 2240) repealed sec.
1008, which had required an annual report from the Secretary to
Congress on expenditures and activities carried out under this Act.
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regulatory provisions to apply to all international information
activities and educational exchanges of state department
Sec. 1009.\106\ * * * [Repealed--1998]
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\106\ 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).
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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.\107\ (a) \108\ 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,\109\ 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,\109\ as amended.
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\107\ 22 U.S.C. 1442.
\108\ Sec. 544 of the Mutual Security Act of 1954 (68 Stat. 862)
added subsec. (a). Sec. 701(c) of the Mutual Security Act of 1959 (73
Stat. 257) added the proviso.
\109\ Sec. 642(a)(2) of the Foreign Assistance Act of 1961 (75
Stat. 460) repealed sec. 413 of the Mutual Security Act of 1954, which
related to the encouragement of free enterprise and private
participation. See sec. 601 of the Foreign Assistance Act of 1961, as
amended.
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(b) \110\ 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.
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\110\ Sec. 11(g) of the Mutual Security Act of 1956 (70 Stat. 563)
added subsecs. (b) through (g).
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(c) \110\ 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) \110\ 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) \110\ 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) \110\ 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) \110\ 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) \111\ (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.
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\111\ Sec. 502(i) of the Mutual Security Act of 1958 (72 Stat. 274)
added subsec. (h).
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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) \112\ 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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\112\ Sec. 304(f) of Public Law 97-241 (96 Stat. 293) added para.
(4).
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SEC. 1012.\113\ NATIONAL SECURITY MEASURES.
(a) Restriction.--In coordination with other appropriate
executive branch officials, the Secretary of State shall take
all appropriate steps to--
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\113\ 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. 1501A-446), added sec. 1012.
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(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. Educational, Cultural, and Public Diplomacy Authorities, Fiscal Year
2003
Partial text of Public Law 107-228 [H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
AN ACT To authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, 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 Year 2003''.
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\1\ 22 U.S.C. 2651 note.
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* * * * * * *
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
* * * * * * *
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended--* * *
SEC. 222. EXTENSION OF REQUIREMENT FOR 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 * * *
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan for the
Department designed to achieve the following objectives:
(1) Full integration of public diplomacy policy into
overall policy formulation and implementation.
(2) Closer communication and policy coordination
between public diplomacy officers and other officers in
the regional bureaus of the Department and at overseas
posts.
(3) The creation of channels of direct communication
between the public diplomacy officers in regional
bureaus of the Department and the Under Secretary of
State for Public Diplomacy.
(4) Minimizing any adverse consequences of public
diplomacy officers in country posts reporting to the
regional bureaus of the Department.
SEC. 224.\2\ ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.--There is established an Advisory
Committee on Cultural Diplomacy (in this section referred to as
the ``Advisory Committee''), which shall be composed of nine
members, as follows:
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\2\ 22 U.S.C. 2451 note.
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(1) The Under Secretary of State for Public
Diplomacy, who shall serve as Chair.
(2) The Assistant Secretary of State for Educational
and Cultural Affairs.
(3) Seven members appointed pursuant to subsection
(c).
(b) Duties.--The Advisory Committee shall advise the
Secretary on programs and policies to advance the use of
cultural diplomacy in United States foreign policy. The
Advisory Committee shall, in particular, provide advice to the
Secretary on--
(1) increasing the presentation abroad of the finest
of the creative, visual, and performing arts of the
United States; and
(2) strategies for increasing public-private
partnerships to sponsor cultural exchange programs that
promote the national interests of the United States.
(c) Appointments.--The members of the Advisory Committee
shall be appointed by the Secretary, not more than four of whom
shall be from the same political party, from among
distinguished Americans with a demonstrated record of
achievement in the creative, visual, and performing arts, or
international affairs. No officer or employee of the United
States shall be appointed to the Advisory Committee.
(d) Vacancies.--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.
(e) Meetings.--A majority of the members of the Advisory
Committee shall constitute a quorum. The Advisory Committee
shall meet at least twice each year or as frequently as may be
necessary to carry out its duties.
(f) Administrative Support.--The Secretary is authorized to
provide the Advisory Committee with necessary administrative
support from among the staff of the Bureau of Educational and
Cultural Affairs of the Department.
(g) Compensation.--Members of the Advisory Committee 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.
(h) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall not apply to the Advisory
Committee to the extent that the provisions of this section are
inconsistent with that Act.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Department such sums as may be
necessary to carry out this section.
(j) Termination.--The Advisory Committee shall terminate
September 30, 2005.
SEC. 225. ALLOCATION OF FUNDS FOR ``AMERICAN CORNERS'' IN THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds that joint ventures with host
libraries in the Russian Federation known as ``American
Corners'' are an effective means--
(1) to provide information about United States
history, government, society, and values;
(2) to provide access to computers and the Internet;
and
(3) to leverage United States assistance and exchange
programs in the Russian Federation.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated by section 112(1)(B) of this Act for the fiscal
year 2003, $500,000 is authorized to be available for
``American Corner'' centers operating in the Russian
Federation.
SEC. 226. REPORT RELATING TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 5 of the Act entitled ``An Act to establish a
Commission on Security and Cooperation in Europe'' (22 U.S.C.
3005) is amended to read as follows: * * *
SEC. 227.\3\ AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION ACT OF
2000. * * *
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\3\ 22 U.S.C. 2452 note.
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SEC. 228.\4\ ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds
for international exchanges to provide opportunities to
researchers in developing countries to participate in
activities related to ethical issues in human subject research,
as described in subsection (c).
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\4\ 22 U.S.C. 2464.
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(b) Coordination With Other Programs.--The Secretary shall
coordinate programs conducted pursuant to this section with
similar programs that may be conducted by the United States
Agency for International Development and other Federal agencies
as part of United States international health programs,
particularly with respect to research and treatment of
infectious diseases.
(c) Ethical Issues in Human Subject Research.--For purposes
of subsection (a), the phrase ``activities related to ethical
issues in human subject research'' includes courses of study,
conferences, and fora on development of and compliance with
international ethical standards for clinical trials involving
human subjects, particularly with respect to responsibilities
of researchers to individuals and local communities
participating in such trials, and on management and monitoring
of such trials based on such international ethical standards.
SEC. 229. CONFORMING AMENDMENTS.
Section 112(g) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(g)) is amended--* * *
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\
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\1\ Sec. 403 added a new sec. 1012 to the USIEE Act of 1948 (22
U.S.C. 1442a).
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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.
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\2\ 22 U.S.C. 1469 note.
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(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.
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\3\ 22 U.S.C. 5812 note.
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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.
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\1\ 22 U.S.C. 4416.
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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.
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\2\ 22 U.S.C. 2452 note.
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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.
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\3\ 22 U.S.C. 1474 note.
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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--
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\4\ 22 U.S.C. 6202 note.
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(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; as 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 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''.
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\1\ 22 U.S.C. 2151 note.
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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 2005, vol. I-A.
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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--
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\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. 1501A-445), amended and restated sec. 102. It
previously read as follows:
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``sec. 102. conduct of certain educational and cultural exchange programs.
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``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\
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\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. 1501A-445), inserted this sentence.
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(b) Scholarships for Tibetans and Burmese.--
(1) Subject to the availability of appropriations,
for the 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.
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\5\ Sec. 401(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. 1501A-445), 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. 401(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. 1501A-445), 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
2005, vol. I-B for freestanding section relating to foreign assistance
to Mauritania, and vol. I-A, Foreign Assistance Act of 1961, secs. 116
and 502B as amended.
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TITLE III--CLAIBORNE PELL INSTITUTE FOR INTERNATIONAL RELATIONS AND
PUBLIC POLICY \8\
* * * * * * *
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\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; as 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; 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 Public Law 107-148 [Radio Free Afghanistan Act;
H.R. 2998], 116 Stat. 64, approved March 11, 2002
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.
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\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 $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.
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(2) \2\ Educational and cultural exchange programs.--
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\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 was to be made
available for the Mike Mansfield Fellowship Program.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\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.
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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.
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\9\ Sec. 222 amended sec. 801 of the United States Informational
and Educational Exchange Act of 1948.
\10\ 22 U.S.C. 1474 note.
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SEC. 224.\11\ BUYING POWER MAINTENANCE ACCOUNT. * * *
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\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.
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SEC. 225.\12\ CONTRACT AUTHORITY. * * *
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\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. 226.\13\ * * * [REPEALED--2002]
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\13\ Sec. 4 of the Radio Free Afghanistan Act (Public Law 107-148;
116 Stat. 65) repealed sec. 226, which had prohibited the obligation or
expenditure of any funds for the design, development, or construction
of a U.S. short-wave radio transmitter in Kuwait.
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SEC. 227.\14\ FULBRIGHT-HAYS ACT AUTHORITIES. * * *
SEC. 228.\15\ SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES. * * *
SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
(a) \16\ * * *
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\14\ Sec. 227 amended the Fulbright-Hays Act (Public Law 87-256; 22
U.S.C. 2455) at sec. 105(a).
\15\ 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)).
\16\ Sec. 229(a) amended sec. 112 of the Mutual Educational and
Cultural Exchange Act of 1961.
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(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.
SEC. 230.\17\ * * * [REPEALED--1999]
SEC. 231.\18\ PRIVATE SECTOR OPPORTUNITIES. * * *
SEC. 232.\19\ AUTHORITY TO RESPOND TO PUBLIC INQUIRIES. * * *
SEC. 233.\20\ 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),\21\ the Director of the United States Information Agency
may make available for distribution within the United States
the following:
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\17\ 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. 1501A-420), 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:
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``sec. 230. limitation concerning participation in international
expositions.
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``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.''.
\18\ Sec. 231 amended the Mutual Educational and Cultural Exchange
Act of 1961 (Public Law 87-256) at sec. 104(e)(4).
\19\ 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).
\20\ 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).
\21\ See box note at page 1436-1437.
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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.\22\ 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.
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\22\ 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.\22\ 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.\23\
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\23\ 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.\22\ 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.\22\ 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.\22\ 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.\22\ 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 \24\ of the Higher Education Act of
1965.
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\24\ 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.\22\ 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.\22\ 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.\25\ SHORT TITLE.
This part may be cited as the ``Mike Mansfield Fellowship
Act''.
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\25\ 22 U.S.C. 6101 note.
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SEC. 252.\26\ 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:
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\26\ 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.\27\ PROGRAM REQUIREMENTS.
The program established under this part shall comply with
the following requirements:
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\27\ 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.\28\ 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.
---------------------------------------------------------------------------
\28\ 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.\29\ 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.
---------------------------------------------------------------------------
\29\ 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.\30\ 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--
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\30\ 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.\31\ DEFINITIONS.
For purposes of this part--
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\31\ 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; as 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 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.
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\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 the 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\
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\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.
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\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 1647.
\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\
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\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''.
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(b) Exceptions.--The Department of State \13\ may award an
overseas public diplomacy grant \15\ under procedures other
than competitive procedures when--
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\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''.
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(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;
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\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''.
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(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.
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\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''.
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(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).
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\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''.
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(d) \19\ * * * [Repealed--1999]
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\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\
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\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:
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``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:
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``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; Public Law 106-553, 114 Stat. 2762A-
95; Public Law 107-77, 115 Stat. 788; Public Law 108-7, 117 Stat. 90;
Public Law 108-199, 118 Stat. 84; Public Law 108-447, 118 Stat. 2901;
and Public Law 109-108, 119 Stat. 2324).
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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.
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\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\
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\22\ The Department of State and Related Agencies Appropriations
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided the
following:
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``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
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``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:
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``educational and cultural exchange programs
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``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.''.
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(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.
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\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.
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* * * * * * *
SEC. 225.\24\ * * * [REPEALED--1992]
SEC. 226.\25\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.
(a) Programs for Foreign Students and Scholars.--
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\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.
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(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.
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\25\ 22 U.S.C. 2452 note.
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(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 INDEPENDENT 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 former Soviet Union,\27\
Lithuania, Latvia, and Estonia to the United States for study
in the United States.
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\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 former 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 former 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.
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\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.
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(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.
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\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''.
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(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. 1501A-414), 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.--
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\31\ Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3352) added subsec. (f).
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(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]
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\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\
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\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.
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\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. 1501A-414), authorized $4,000,000 for each of fiscal years
2000 and 2001.
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(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; as 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 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.
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\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.
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(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.
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\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.
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(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.
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\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.
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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'',
$20,700,000 for the fiscal year 1990 and $26,000,000
for the fiscal year 1991.
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\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.
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(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)--
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\5\ Sec. 202 amended sec. 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461).
\6\ See pages 1436-1437, and box note.
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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 ``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.
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\7\ 22 U.S.C. 2456 note.
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(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. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) \9\ * * *
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\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).
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(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.
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\10\ 22 U.S.C. 1469 note.
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* * * * * * *
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--
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\11\ 22 U.S.C. 1461 note.
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(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.
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\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.
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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:
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\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.''.
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(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.
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\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.
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SEC. 222. CITIZEN EXCHANGES.
(a) \15\ * * *
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\15\ Sec. 222(a) amended sec. 112 of the Mutual Educational and
Cultural Exchange Act of 1961.
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(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.
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\16\ 22 U.S.C. 2460 note.
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* * * * * * *
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.
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\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''.
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(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.
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\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).''.
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(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.
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\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.''.
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(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.
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\21\ 22 U.S.C. 1463 note.
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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.
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\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''.
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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 1733.
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 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
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\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.
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\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]
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\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:
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``SEC. 207. TELEVISION SERVICE OF THE UNITED STATES INFORMATION AGENCY.
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``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 1436-1437.
\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 subparas. (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.
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(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.
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(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:
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\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.
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\21\ 22 U.S.C. 1471 note.
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(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) \22\ Exception.--
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\22\ As enrolled; sec. 403 has two subsec. (d).
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(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 \23\ 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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\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.
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(d) \22\ 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; as amended by Public Law 103-149 [South African
Democratic Transition Support Act of 1993, H.R. 3225], 107 Stat. 1503,
approved November 23, 1993; and 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; and 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; and National Endowment for Democracy--$15,000,000.
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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\
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\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 1436.
Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided
the following:
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``sec. 1333. application of certain laws.
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``(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.
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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\ * * *
SEC. 211.\6\ * * * [REPEALED--1993]
* * * * * * *
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\5\ Sec. 210 amended the National Endowment for Democracy Act (22
U.S.C. 4411 et seq.).
\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.
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; as 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.
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\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:
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``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
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``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.).
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``ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES
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``For an additional amount for `Acquisition and Construction of
Radio Facilities', $6,648,000, to remain available until expended.
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``United States Information Agency
``salaries and expenses
``(rescission)
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``Of available funds under this head, $2,879,000 are rescinded.''.
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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.
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\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.
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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.
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\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.
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(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\
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\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.
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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.
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\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.
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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)).
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\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.
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(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.
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\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:
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``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.
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``ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES
---------------------------------------------------------------------------
``For an additional amount for `Acquisition and construction of
radio facilities', $10,800,000.''.
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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.
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\3\ 22 U.S.C. 1461 note.
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(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.
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\4\ 22 U.S.C. 2455 note.
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(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.
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\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.
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* * * * * * *
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.
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\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
(94 Stat. 3166), a continuing resolution providing funds for any
Federal agency that 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 sec. 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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ADMINISTRATIVE AUTHORITIES
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--
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\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:
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``sec. 1333. application of certain laws.
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``(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.''.
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(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.
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* * * * * * *
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.
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\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 1436-1437.
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* * * * * * *
q. United States Informational, Educational, and Cultural Programs
Appropriations, 2006
Partial text of Public Law 109-108 [Department of State and Related
Agency Appropriations Act, 2006; title IV of H.R. 2862], 114 Stat. 2290
at 2319, approved November 22, 2005
AN ACT Making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, 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, 2006, and for other purposes, namely:
* * * * * * *
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, $431,790,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
* * * * * * *
Other
* * * * * * *
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For a grant to the Center for Middle Eastern-Western
Dialogue Trust Fund (22 U.S.C. 2078), $5,000,000 for operation
of the Center for Middle Eastern-Western Dialogue in Istanbul,
Turkey.
In addition, for necessary expenses of the Center for
Middle Eastern-Western Dialogue Trust Fund, the total amount of
the interest and earnings accruing to such Fund on or before
September 30, 2006, to remain available until expended.
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, 2006, 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, 2006, 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, $19,240,000: 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, $75,000,000, to remain available until
expended.
* * * * * * *
r. Au Pair Provisions
(1) Extension of Au Pair Program
Public Law 104-72 [S. 1465], 109 Stat. 776, approved December 23, 1995;
as 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\
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\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\
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\2\ Sec. 1 of Public Law 105-48 (111 Stat. 1165) struck out ``,
through fiscal year 1997'' at this point.
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(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. 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.
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\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.
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(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.
(3) * * * [Superseded--1978]
(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.
t. Reorganization Plan No. 2 of 1977 \1\
42 F.R. 62461, 91 Stat. 1636, October 11, 1977; as 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 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]
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\1\ 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 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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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. 1501A-446), 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.
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(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.
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\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.''.
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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.
u. 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.
v. 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:
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\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 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 12047 revoked Executive Order 11312, 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. 2 of Executive Order 12388 added sec. 10.
w. 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, para. 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; 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; and Public Law 107-
228 [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002
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.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2451. See also sec. 107 of the Foreign Relations
Authorization Act, Fiscal Year 1978 (91 Stat. 845), which called for a
strengthening of educational exchange programs. See also sec. 7112 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3796), which authorized the President ``to
substantially expand the exchange, scholarship, and library programs of
the United States, especially such programs that benefit people in the
Muslim world.''.
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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 in 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 through 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).
See also sec. 7113 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3797), which
authorized the Secretary of State to ``conduct a pilot program to make
grants to United States-sponsored elementary and secondary schools in
countries with predominantly Muslim populations for the purpose of
providing full or partial merit-based scholarships to students from
lower-income and middle-income families of such countries to attend
such schools.''.
\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 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) United States participation in international
fairs and expositions abroad,\4\ including trade and
industrial fairs and other public or private
demonstrations of United States economic
accomplishments and cultural attainments.
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\4\ Sec. 403 of Public Law 87-565 (76 Stat. 263) inserted
``abroad'' after ``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\ Sec. 203(a) of the International Education Act of 1966 (Public
Law 89-698; 80 Stat. 1071) added para. (10).
\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\ Sec. 703(a) of Public Law 98-164 (97 Stat. 1045) added para.
(11). Sec. 703(b) of that Act 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; for fiscal year 2001 in sec. 532 of H.R. 5526,
enacted by reference in Public Law 106-429; for fiscal year 2002 in
sec. 529 of Public Law 107-117; for fiscal year 2003 in sec. 529 of
Public Law 108-7; for fiscal year 2004 in sec. 529 of Public Law 108-
199; for fiscal year 2005 in sec. 529 of Public Law 108-447; and for
fiscal year 2006 in sec. 529 of Public Law 109-102.
Most recently, sec. 529 of Public Law 109-102 (119 Stat. 2206; 22
U.S.C. 2362 note), provided the following:
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``separate accounts
---------------------------------------------------------------------------
``Sec. 529. (a) Separate Accounts for Local Currencies.--
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``(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 United States
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 United States 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 chapter 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.
``(3) Programming accountability.--The United States 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 United States
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.
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``(b) Separate Accounts for Cash Transfers.--
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``(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.''.
(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\ Sec. 1001(j) of Public Law 87-793 (76 Stat. 865) amended and
restated subsec. (b).
\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\ Sec. 2205(7) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2160) repealed 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.
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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,\15\ for individuals appointed to the
Foreign Service.
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\15\ Sec. 2206(9) of Public Law 96-465 (94 Stat. 2162) struck out
``section 528 of the Foreign Service Act of 1946'' and inserted in lieu
thereof ``section 310 of the Foreign Service Act of 1980''.
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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\ Sec. 204(a) of Public Law 95-426 (92 Stat. 973) struck out
``President'' and inserted in lieu thereof ``Director of the
International Communication Agency''. 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 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 para. (4).
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(f) \18\ * * * [Repealed--1979]
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\18\ Sec. 203(a)(1) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 398), repealed subsec. (f), which
required that all persons employed or assigned duties under this Act be
investigated with respect to loyalty and suitability.
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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\ Sec. 203(b) of the International Education Act of 1966 (Public
Law 89-698; 80 Stat. 1071) added subsec. (g).
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(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\ Sec. 203(c) of the International Education Act of 1966 (Public
Law 89-698; 80 Stat. 1072) added subsec. (g).
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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 Scholarships 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 sec. 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\ Sec. 205 of the ICA Authorization Act, Fiscal Years 1980 and
1981 (Public Law 96-60; 93 Stat. 401) added this sentence, effective
October 1, 1979. 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\ Sec. 203(d) of the ICA Authorization Act, Fiscal Years 1980
and 1981 (Public Law 96-60; 93 Stat. 399) added para. designation
``(1)'' and para. (2).
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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\ Sec. 212(a) of Public Law 96-470 (94 Stat. 2246) amended and
restated subsec. (b). 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. Added by sec. 111 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (Public Law 94-350).
---------------------------------------------------------------------------
(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 amended the Immigration and Nationality Act.
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Sec. 110.\35\ * * *
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\35\ Sec. 110 amended 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 paras. (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 \38\ 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 subsecs. (b) and (c) as subsecs. (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\ (1) \41\ The Bureau shall administer no programs
except those operating under the authority of this Act and
consistent with its purposes.
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\41\ Sec. 221 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1367) inserted para.
designation ``(1)'', and added para. (2).
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(2) \41\ Notwithstanding paragraph (1), the Bureau may also
exercise the authority of this Act to administer programs
authorized by, or funded pursuant to, the FREEDOM Support Act,
the Support for East European Democracy Act, the Foreign
Assistance Act of 1961, or any other Act authorizing
educational or cultural exchanges or activities, to the extent
that such programs are consistent with the purposes of this
Act.
(e) \42\ 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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\42\ 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) \43\ (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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\43\ 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) \44\ 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 Department of State \45\ 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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\44\ 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).
\45\ Sec. 229(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1371) struck out ``United
States Information Agency'' and inserted in lieu thereof ``Department
of State''.
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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 Assistant Secretary of State for Educational
and Cultural Affairs \46\ who shall act as Chair.
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\46\ Sec. 229(2)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371) struck out
``Associate Director for Educational and Cultural Affairs of the United
States Information Agency'' and inserted in lieu thereof ``Assistant
Secretary of State for Educational and Cultural Affairs''. Sec.
229(2)(B) of that Act struck out subpara. (B), which required the
appointment of a senior representative of the Department of State, and
sec. 229(2)(C) redesignated subparas. (C) through (G) as subparas. (B)
through (F).
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(B) \46\ A senior representative of the Department of
Defense, who shall be designated by the Secretary of
Defense.
(C) \46\ A senior representative of the Department of
Education, who shall be designated by the Secretary of
Education.
(D) \46\ A senior representative of the Department of
Justice, who shall be designated by the Attorney
General.
(E) \46\ A senior representative of the Agency for
International Development, who shall be designated by
the Administrator of the Agency.
(F) \46\ 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 Department of State.\47\
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\47\ Sec. 229(3) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1372) struck out ``United
States Information Agency'' and inserted in lieu thereof ``Department
of State''.
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(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 Department of
State.\48\ 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.
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\48\ Sec. 229(4) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1372) struck out ``United
States Information Agency'' and inserted in lieu thereof ``Department
of State''.
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(7) All reports prepared by the Working Group shall be
submitted to the President, through the Secretary of State,
acting through the Under Secretary of State for Public
Diplomacy.\49\
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\49\ Sec. 229(5) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1372) struck out ``Director of
the United States Information Agency'' and inserted in lieu thereof
``Secretary of State, acting through the Under Secretary of State for
Public Diplomacy''.
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(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.\50\ 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 \51\
under which repayments made by the independent states \52\ 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 \53\ 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.\54\
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\50\ 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.--''.
\51\ 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''.
\52\ 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''.
\53\ 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''.
\54\ 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.\55\ 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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\55\ 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
Title III 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
AN ACT To establish a program to provide assistnace 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 in Congress assembled,
* * * * * * *
TITLE III--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.
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(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. Open World Leadership Center--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; as amended by Public Law
108-7 [Consolidated Appropriations Resolution, 2003; H.J. Res. 2], 117
Stat. 11, approved February 20, 2003; Public Law 108-447 [Consolidated
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December
8, 2004; and Public Law 109-13 [Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief, 2005;
H.R. 1268], 119 Stat. 231, approved May 11, 2005
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
Sec. 313.\1\ Open World Leadership Center.--(a)
Establishment.--
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\1\ 2 U.S.C. 1151. Sec. 1401(1) of the Legislative Branch
Appropriations Act, 2003 (division H of Public Law 108-7; 117 Stat.
382), struck out ``Center for Russian Leadership Development'' and
inserted in lieu thereof ``Open World Leadership Center''.
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(1) In general.--There is established in the
legislative branch of the Government a center to be
known as the ``Open World Leadership Center (the
`Center').\2\
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\2\ Sec. 1401(2)(A) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), struck out ``a
center to be known as the `Center for Russian Leadership Development'
(the `Center').'' and inserted in lieu thereof ``a center to be known
as the `Open World Leadership Center (the ``Center'').'' (resulting in
an open quotation).
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(2) Board of trustees.--The Center shall be subject
to the supervision and direction of a Board of Trustees
(the ``Board'') \3\ which shall be composed of 11
members \4\ as follows:
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\3\ Sec. 1401(2)(B)(i) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), inserted
``(the `Board')'' after ``Board of Trustees''.
\4\ Sec. 1502(1) of the Legislative Branch Appropriations Act, 2005
(division H of Public Law 108-447; 118 Stat. 3192), struck out ``nine
members'' and inserted in lieu thereof ``11 members''.
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(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 relations between the United
States and eligible foreign states,\5\
designated by the Librarian of Congress.
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\5\ Sec. 1401(2)(B)(ii) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``United States and Russian relations'' and inserted in lieu thereof
``between the United States and eligible foreign states''.
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(E) \6\ The chair of the Committee on
Appropriations of the House of Representatives
(or another member of such Committee designated
by the chair \6\ and the chair of the
Subcommittee on Legislative Branch of the
Committee on Appropriations of the Senate.
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\6\ Sec. 1502(2) of the Legislative Branch Appropriations Act, 2005
(division H of Public Law 108-447; 118 Stat. 3192), added subpara. (E).
Sec. 3402(b) of Public Law 109-13 (119 Stat. 272) struck out ``chair of
the Subcommittee on Legislative Branch of the Committee on
Appropriations of the House of Representatives'' and inserted in lieu
thereof ``chair of the Committee on Appropriations of the House of
Representatives (or another member of such Committee designated by the
chair''.
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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 eligible foreign states \7\ 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 and to establish and
administer a program to enable cultural leaders of
Russia to gain significant, firsthand exposure to the
operation of American cultural institutions.\8\
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\7\ Sec. 1401(3)(A)(i) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``Russia'' and inserted in lieu thereof ``eligible foreign states''.
\8\ Sec. 1401(3)(A)(ii) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), struck out a
period at the end of para. (1) and inserted ``and to establish and
administer a program to enable cultural leaders of Russia to gain
significant, firsthand exposure to the operation of American cultural
institutions.''.
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(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 nationals of eligible
foreign states \9\ who are emerging political leaders
at any level of government.
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\9\ Sec. 1401(3)(B) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``Russian nationals'' and inserted in lieu thereof ``nationals of
eligible foreign states''.
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(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 3,500 \10\ in any fiscal year.
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\10\ Sec. 1401(3)(C)(i) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``3,000'' and inserted in lieu thereof ``3,500''.
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(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 an eligible foreign
state \11\ and the United States and in
traveling within the United States;
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\11\ Sec. 1401(3)(C)(ii) of the Legislative Branch Appropriations
Act, 2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``Russia'' and inserted in lieu thereof ``an eligible foreign state''.
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(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
``Open World Leadership Center Trust Fund'' \12\ (the
``Fund'') which shall consist of amounts which may be
appropriated, credited, or transferred to it under this
section.
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\12\ Sec. 1401(4)(A) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), struck out
``Russian Leadership Development Center Trust Fund'' and inserted in
lieu thereof ``Open World Leadership Center Trust Fund''.
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(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
\13\ determines are necessary and appropriate
to enable the Center to carry out the
provisions of this section.
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\13\ Sec. 1401(4)(B) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), struck out ``of
Trustees of the Center'' after ``Board''.
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(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) \14\ shall be transferred to the Fund and shall
remain available without fiscal year limitation.
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\14\ See page 1583 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 \15\ certifies to the Librarian of Congress
that grants are ready to be made under the program
established under this section.
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\15\ Sec. 1401(5) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), struck out ``of
Trustees of the Center'' after ``Board''.
---------------------------------------------------------------------------
(j) \16\ Eligible Foreign State Defined.--In this section,
the term ``eligible foreign state'' means--
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\16\ Sec. 1401(6) of the Legislative Branch Appropriations Act,
2003 (division H of Public Law 108-7; 117 Stat. 382), added subsec.
(j).
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(1) any country specified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801); \17\
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\17\ Sec. 1501 of the Legislative Branch Appropriations Act, 2005
(division H of Public Law 108-447; 118 Stat. 3192), struck out ``and''
at the end of para. (1), replaced a period at the end of para. (2) with
``; and'', and added para. (3).
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(2) Estonia, Latvia, and Lithuania; and \17\
(3) \17\ any other country that is designated by the
Board, except that the Board shall notify the
Committees on Appropriations of the Senate and the
House of Representatives of the designation at least 90
days before the designation is to take effect.
* * * * * * *
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; as 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 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, as amended, establishes the Open World Leadership Center
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
---------------------------------------------------------------------------
\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. 1501A-
117), 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,
---------------------------------------------------------------------------
\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. 1501A-
117), 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.)''.
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(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;
as 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.
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\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 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\
---------------------------------------------------------------------------
\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.
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(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:
---------------------------------------------------------------------------
\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.
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\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\ Executive Order No. 11380 (November 8, 1967; 32 F.R. 15627)
added subsec. (b).
---------------------------------------------------------------------------
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\ Executive Order 11380 (November 8, 1967; 32 F.R. 15627) added
subpara. (15).
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(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\ Executive Order 11380 (November 8, 1967; 32 F.R. 15627) added
subsec. (c).
---------------------------------------------------------------------------
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; as amended by Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002
* * * * * * *
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.
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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)
in the United States; \2\ and
---------------------------------------------------------------------------
\2\ Sec. 227(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1369), inserted ``in
the United States'' after ``technology)''.
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(B) United States citizens can teach in the
fields specified in subparagraph (A) in
academic institutions in Vietnam.\3\
---------------------------------------------------------------------------
\3\ Sec. 227(a)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1369), struck out
``appropriate Vietnamese institutions'' and inserted in lieu thereof
``academic institutions in Vietnam''.
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(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.
(3) \4\ (A) Any member appointed to fill a vacancy prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of such term.
---------------------------------------------------------------------------
\4\ Sec. 227(f) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1370), added para. (3).
---------------------------------------------------------------------------
(B) Upon the expiration of his or her term of office, any
member may continue to serve until a successor is appointed.
(c) Chair.--The voting members of the \5\ Board shall elect
one of the members appointed under subsection (a)(6) to serve
as Chair.
---------------------------------------------------------------------------
\5\ Sec. 227(b) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1369), inserted ``voting
members of the'' after ``The''.
---------------------------------------------------------------------------
(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) \6\ provide overall supervision and direction of
the Foundation;
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\6\ Sec. 227(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1369), amended and restated
paras. (1) and (2) and added a new para. (3).
---------------------------------------------------------------------------
(2) \6\ establish criteria for the eligibility of
applicants, including criteria established by section
206(b), and for the selection of fellowship recipients;
and
(3) \6\ select the fellowship recipients.
(f) Compensation.--
(1) \7\ In general.--Except as provided in paragraphs
(2) and (3), each member of the Board shall serve
without compensation.
---------------------------------------------------------------------------
\7\ Sec. 227(d)(1)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), amended and
restated para. (1).
---------------------------------------------------------------------------
(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.
(3) \8\ Compensation of presidential appointees.--The
members of the Board appointed under subsection (a)(6)
shall be paid at the daily equivalent of the rate of
basic pay payable for positions at level V of the
Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties as a Board member.
---------------------------------------------------------------------------
\8\ Sec. 227(d)(1)(B) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), added para. (3).
---------------------------------------------------------------------------
(g) \9\ Treatment of Presidential Appointees as Special
Government Employees.--The members of the Board appointed under
subsection (a)(6) shall be special Government employees, as
defined in section 202(a) of title 18, United States Code.
---------------------------------------------------------------------------
\9\ Sec. 227(d)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), added subsec.
(g).
---------------------------------------------------------------------------
(h) \10\ Travel Regulations.--Members of the Board shall be
subject to the same travel regulations as apply to officers and
employees of the Department of State.
---------------------------------------------------------------------------
\10\ Sec. 227(e) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1370), added subsec. (h).
---------------------------------------------------------------------------
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) \11\ Scientific and technology vocabulary in
english.--Fellowships awarded to Vietnamese nationals
under paragraph (1) may include funding to improve
English proficiency in a fellowship recipient's field
of study.
---------------------------------------------------------------------------
\11\ Sec. 227(g) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1370), amended and restated
para. (2).
---------------------------------------------------------------------------
(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.--Fellowship candidates from
Vietnam \12\ 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.
---------------------------------------------------------------------------
\12\ Sec. 227(h)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), struck out
``Vietnamese candidates for fellowships'' and inserted in lieu thereof
``Fellowship candidates from Vietnam''.
---------------------------------------------------------------------------
(2) United states citizen teachers.--American
candidates for teaching fellowships \13\ shall be
highly competent in their fields and be experienced and
proficient teachers.
---------------------------------------------------------------------------
\13\ Sec. 227(h)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), struck out
``teaching candidates'' and inserted in lieu thereof ``candidates for
teaching fellowships''.
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(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) \14\ Authority To Award Fellowships on a Cost-Sharing
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 cost-sharing \14\ basis.
---------------------------------------------------------------------------
\14\ Sec. 227(k)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out
``Matching'' in the subsection heading and in the text of subsec. (d)
and inserted in lieu thereof ``Cost-Sharing''.
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(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 progress \15\ 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 and
applicable law.\16\
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\15\ Sec. 227(k)(2)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out
``proficiency'' and inserted in lieu thereof ``progress''.
\16\ Sec. 227(k)(2)(B) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), added ``and
applicable law''.
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(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 Secretary of the Treasury \17\
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.
---------------------------------------------------------------------------
\17\ Sec. 227(i)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), struck out
``Board'' and inserted in lieu thereof ``Secretary of the Treasury''.
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SEC. 208. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by Board.--There shall be an Executive
Director \18\ 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.
---------------------------------------------------------------------------
\18\ Sec. 227(k)(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out
``Secretary'' and inserted in lieu thereof ``Director''.
---------------------------------------------------------------------------
(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 5,\19\ 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 IV of the Executive
Schedule under section 5315 \20\ of such title.
---------------------------------------------------------------------------
\19\ Sec. 227(k)(4) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out
``title V'' and inserted in lieu thereof ``title 5''.
\20\ Sec. 227(j) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out ``level V of
the Executive Schedule under section 5316'' and inserted in lieu
thereof ``level IV of the Executive Schedule under section 5315''.
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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 metropolitan Washington,
D.C., area; \21\ and
---------------------------------------------------------------------------
\21\ Sec. 227(k)(5) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1371), struck out
``District of Columbia'' and inserted in lieu thereof ``metropolitan
Washington, D.C., area''.
---------------------------------------------------------------------------
(6) make other necessary expenditures.
(b) Annual Report.--The Board \22\ 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 the operations of
the Foundation under this title, including the financial
condition of the Foundation.\23\
---------------------------------------------------------------------------
\22\ Sec. 227(i)(2)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), struck out
``Foundation'' and inserted in lieu thereof ``Board''.
\23\ Sec. 227(i)(2)(B) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1370), struck out ``its
operations under this title'' and inserted in lieu thereof ``the
operations of the Foundation under this title, including the financial
condition of the Foundation''.
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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; as amended by Public Law 107-234 [H.R. 4558], 116 Stat. 1481,
approved October 4, 2002; and Public Law 108-449 [H.R. 2655], 118 Stat.
3469, approved December 10, 2004
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
Secretary of Homeland Security \2\ 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 Secrtary of Homeland
Security \2\ shall cooperate with nongovernmental
organizations to assist those admitted to participate
fully in the economic, social, and cultural life of the
United States.
---------------------------------------------------------------------------
\2\ Sec. 1(a)(4) of Public Law 108-449 (118 Stat. 3470) struck out
``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security'' throughout the Act.
---------------------------------------------------------------------------
(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 4 \3\ consecutive program
years.
---------------------------------------------------------------------------
\3\ Sec. 1(1) of Public Law 107-234 (116 Stat. 1481) struck out
``3'' and inserted in lieu thereof ``4''.
---------------------------------------------------------------------------
(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 Department of Homeland
Security \4\ 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 each program year,\5\ the Department of Homeland
Security \4\ 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\ Sec. 1(a)(4)(B) of Public Law 108-449 (118 Stat. 3470) struck
out ``Immigration and Naturalization Service'' and inserted in lieu
thereof ``Department of Homeland Security''.
\5\ Sec. 1(a)(2)(A) of Public Law 108-449 (118 Stat. 3469) struck
out ``the third program year and for the 4 subsequent years,'' and
inserted in lieu thereof ``each program year,''. Previously, sec. 1(2)
of Public Law 107-234 (116 Stat. 1481) struck out ``3'' and inserted in
lieu thereof ``4''.
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(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.
(5) \6\ Program participant requirements.--An alien
entering the United States as a participant in the
program shall satisfy the following requirements:
---------------------------------------------------------------------------
\6\ Sec. 1(a)(1) of Public Law 108-449 (118 Stat. 3469) added para.
(5).
---------------------------------------------------------------------------
(A) The alien shall be a citizen of the
United Kingdom or the Republic of Ireland.
(B) The alien shall be between 21 and 35
years of age on the date of departure for the
United States.
(C) The alien shall have resided continuously
in a designated county for not less than 18
months before such date.
(D) The alien shall have been continuously
unemployed for not less than 12 months before
such date.
(E) The alien may not have a degree from an
institution of higher education.
(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--* * *
(c) \7\ Cost-sharing.--The Secretary of State shall verify
that the United Kingdom and the Republic of Ireland continue to
pay a reasonable share of the costs of the administration of
the cultural and training programs carried out pursuant to this
Act.
---------------------------------------------------------------------------
\7\ Sec. 1(a)(3) of Public Law 108-449 (118 Stat. 3470)
redesignated subsecs. (c) and (d) as subsecs. (d) and (e), and added a
new subsec. (c).
---------------------------------------------------------------------------
(d) \7\ 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.
(e) \8\ Sunset.--
---------------------------------------------------------------------------
\8\ Sec. 1(a)(3) of Public Law 108-449 (118 Stat. 3470)
redesignated subsecs. (c) and (d) as subsecs. (d) and (e), and added a
new subsec. (c). Prior to this amendment, sec. 1(a)(2)(B) of Public Law
108-449 (118 Stat. 3469) amended and restated this subsec. to extend
the sunset provisions from 2006 to 2008. Previously, Sec. 1 of Public
Law 107-234 (116 Stat. 1481) extended the sunset provisions from 2005
to 2006.
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(1) Effective October 1, 2008, the Irish Peace
Process Cultural and Training Program Act of 1998 is
repealed.
(2) Effective October 1, 2008, 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.
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(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; as 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; and 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.
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\1\ 22 U.S.C. 4701.
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SEC. 602.\2\ FINDINGS AND DECLARATIONS OF POLICY.
The Congress finds and declares that--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 4702.
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(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;''.
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(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.
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(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.
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\5\ Sec. 102(a)(7)(D) of Public Law 105-244 (112 Stat. 1619) struck
out ``1201(a)'' and inserted in lieu thereof ``101''.
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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.\7\ 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.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 4705.
---------------------------------------------------------------------------
SEC. 606.\8\ 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.
---------------------------------------------------------------------------
\8\ 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.\9\ 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.
---------------------------------------------------------------------------
\9\ 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.\10\ 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.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 4708.
---------------------------------------------------------------------------
SEC. 609.\11\ 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.
---------------------------------------------------------------------------
\11\ 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.\12\ 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.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 4710.
---------------------------------------------------------------------------
SEC. 611.\13\ * * * [REPEALED--1994]
---------------------------------------------------------------------------
\13\ 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.\14\ 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.
---------------------------------------------------------------------------
\14\ 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.\15\ 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.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 4713.
---------------------------------------------------------------------------
SEC. 614.\16\ 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 \17\ 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.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 4714.
\17\ 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. 615.\18\ COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.
Any authority provided by this title to enter into
contracts shall be effective only--
---------------------------------------------------------------------------
\18\ 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; and 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\
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\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.''.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 4411. Authorization of appropriations for fiscal year
2003 for the National Endowment for Democracy was included in general
authorization levels for several programs; see sec. 112(2) of the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 116 Stat. 1358).
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; fiscal year 2001--
$32,000,000; and fiscal year 2003--$42,000,000.
The Department of State and Related Agency Appropriations Act, 2006
(Public Law 109-108; 119 Stat. 2325), provided the following for fiscal
year 2006:
---------------------------------------------------------------------------
``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, $75,000,000, 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; fiscal year 2001--
$30,999,000; fiscal year 2002--$33,500,000; fiscal year 2003--
$42,000,000; fiscal year 2004--$40,000,000; fiscal year 2005--
$60,000,000; and fiscal year 2006--$75,000,000.
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(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.
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(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.
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\4\ Sec. 212 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1376) added subsec.
(f).
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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.
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(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 \6\
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 \6\ 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.
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\6\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the ``Government Accountability Office'' and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(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) \7\ The financial transactions of the Endowment for
each fiscal year shall \8\ be audited by the United States
Information Agency under the conditions set forth in subsection
(f)(1).
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\7\ Sec. 210(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405) added
subsec. (g).
\8\ 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''.
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(h)(1) \9\ 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 \10\ 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.
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\9\ Sec. 210(b)(1) of Public Law 99-93 (99 Stat. 432) redesignated
subsecs. (g) and (h) as subsecs. (h) and (i), respectively.
\10\ Sec. 211 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1376), inserted
``separate accounts with respect to such assistance''. Subsequently,
sec. 228 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 108 Stat. 423), struck out ``accounts''
and inserted in lieu thereof ``bank accounts or separate self-balancing
ledger accounts''.
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(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) \9\ Not later than February 1 \11\ 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.
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\11\ Sec. 210(d) of Public Law 99-93 (99 Stat. 432) struck out
``December 31'' and inserted in lieu thereof ``February 1''.
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. 1501A-424), 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.''.
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(j) \12\ 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.
---------------------------------------------------------------------------
\12\ Sec. 215 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 697), added subsec.
(j).
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REQUIREMENTS RELATING TO THE ENDOWMENT AND ITS GRANTEES
Sec. 505.\13\ (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.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 4414. Sec. 210(a) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99
Stat. 405), added sec. 505.
---------------------------------------------------------------------------
(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.\14\ (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.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 4415. Sec. 210(a) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99
Stat. 405), added sec. 506.
---------------------------------------------------------------------------
(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 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) struck out ``formerly'' and inserted in
lieu thereof ``which would otherwise be''; and 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.
---------------------------------------------------------------------------
\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) struck out ``in the Soviet Union or an
Eastern European country'' and inserted in lieu thereof ``abroad''; and
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.
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(b) Membership.--The Board shall consist of 7 members \6\
as follows:
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\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\
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\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.
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(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 \13\ or other
appropriate institution.
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\13\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
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(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.\14\ 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 \15\
and the position in which each will serve.
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\14\ 22 U.S.C. 4904.
\15\ 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) \16\ Authorities.--Fellows may be employed--
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\16\ Sec. 187 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1368), amended and
restated subsec. (b).
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(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.\17\
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\17\ 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''.
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\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
2005, 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. * * *
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\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. * * *
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\3\ Sec. 803 repealed subsecs. (f) and (g) of sec. 132 of the
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
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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.''.
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\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.
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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.
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\6\ 22 U.S.C. 288j. For International Organizations Immunities Act
(Public Law 79-291), see vol. II-B.
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SEC. 806.\7\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION
ACTIVITIES. * * *
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\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.
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\9\ 22 U.S.C. 2452 note.
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(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; as amended by Public Law 102-511 [FREEDOM Support
Act; S. 2532], 106 Stat. 3320, approved October 24, 1992; and 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.
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\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.
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\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.
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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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* * * * * * *
SEC. 225.\4\ * * * [REPEALED--1992]
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\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.
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\5\ 22 U.S.C. 2452 note.
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(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.
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\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 states 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''.
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(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; as 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,
approved 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 again 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 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.
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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;
---------------------------------------------------------------------------
\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\ So in original. 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) \7\ 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.
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\7\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the ``Government Accountability Office'' and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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SEC. 5.\8\ AUTHORIZATION OF APPROPRIATIONS.
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\8\ 20 U.S.C. 5204. The Department of State and Related Agency
Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
2324), provided the following:
---------------------------------------------------------------------------
``eisenhower exchange fellowship program
---------------------------------------------------------------------------
``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, 2006, 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.\9\ USE OF INCOME ON THE ENDOWMENT.
---------------------------------------------------------------------------
\9\ 20 U.S.C. 5205.
---------------------------------------------------------------------------
(a) \10\ * * * [Repealed--1996]
---------------------------------------------------------------------------
\10\ 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.''.
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(b) \10\ * * * [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.\11\ REPORT TO CONGRESS.
---------------------------------------------------------------------------
\11\ 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.\12\ * * * [REPEALED--1995]
---------------------------------------------------------------------------
\12\ 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.
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SEC. 9.\13\ FASCELL FELLOWSHIP PROGRAM. * * *
---------------------------------------------------------------------------
\13\ 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; as 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; and Public Law 105-244 [Higher Education Amendments of 1998; H.R.
6], 112 Stat. 1581, approved October 7, 1998
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''.
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\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 sec. 801. Each formerly referred to
``Soviet-Eastern European Research and Training''.
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FINDINGS AND DECLARATIONS
Sec. 802.\2\ The Congress finds and declares that--
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\2\ 22 U.S.C. 4501.
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(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;
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\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''.
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(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--
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\4\ 22 U.S.C. 4502.
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(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
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\5\ Sec. 102(a)(7)(C) of Public Law 105-244 (112 Stat. 1619) struck
out ``1201(a)'' and inserted in lieu thereof ``101''.
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(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).
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\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''.
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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\
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\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).
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(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.
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\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''.
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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\
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\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).
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(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--
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\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).
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(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
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\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''.
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(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\
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\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''.
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(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\
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\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''.
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(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--
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\20\ 22 U.S.C. 4505.
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(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.
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\21\ 22 U.S.C. 4506.
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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.
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\22\ 22 U.S.C. 4507.
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ALLOCATION OF FUNDS
Sec. 809.\23\ Of the funds authorized to be appropriated by
section 102(1) of this Act-- \24\
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\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.
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(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]
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\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 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.
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\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.
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(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.
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\3\ 22 U.S.C. 290j-1.
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(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).
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\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; as 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''.
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\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 2005, vol. I-A.
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(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.
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\2\ Sec. 1(2)(A) of Public Law 106-29 (113 Stat. 54) struck out
``North/South Center'' and inserted 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.
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\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''.
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(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\
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\5\ Sec. 112(4) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1358), provided the following:
``(4) Dante b. fascell north-south center.--For the `Dante B.
Fascell North-South Center', $2,500,000 for the fiscal year 2003.''.
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(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\
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\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:
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``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.
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\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 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) 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 \5\ under the provisions of section 25 of the State
Department Basic Authorities Act of 1956.\6\ 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.
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\5\ Sec. 1(b) of Public Law 107-132 (115 Stat. 2412) provided the
following:
``(b) Any reference in any provision of law to the National Foreign
Affairs Training Center or the Foreign Service Institute shall be
considered to be a reference to the `George P. Shultz National Foreign
Affairs Training Center'.''.
\6\ 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).
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(c) \7\ The Director of the United States Information
Agency \3\ 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.
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\7\ Sec. 212(b) of Public Law 96-470 (94 Stat. 2246) amended and
restated subsec. (c). The report to be submitted under subsec. (c) was
formerly required annually.
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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, 2006 (title IV of Public Law 109-108; 119 Stat.
2324), 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,
$19,240,000: 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 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.
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(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\
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\4\ Sec. 401(2) of the Foreign Relations Authorization Act, Fiscal
Year 1977 (Public Law 94-350) inserted ``, including interest and
proceeds accruing to the Fund from such funds in accordance with
sections 6(4) and 7 of this Act''.
---------------------------------------------------------------------------
(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\
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\5\ Sec. 401(3) of the Foreign Relations Authorization Act, Fiscal
Year 1977 (Public Law 94-350) inserted ``and interest and proceeds
accruing to the Fund from such funds in accordance with sections 6(4)
and 7 of this Act''.
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(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\ Sec. 503(a) of Public Law 97-241 (96 Stat. 298) struck out
``and not to exceed 5 per centum annually of the principal of the
Fund'' and inserted in lieu thereof ``, 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''.
\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''.
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(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 ``from the Secretary of State, on a reimbursable
basis,'' following ``obtain''.
---------------------------------------------------------------------------
(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\ Sec. 703 of Public Law 95-426 (92 Stat. 992) added para. (11).
---------------------------------------------------------------------------
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, inserted ``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\ Sec. 503(b) of Public Law 97-241 (96 Stat. 298) inserted the
parenthetical phrase.
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Conferees of the Omnibus Consolidated Appropriations Act, 1997, provided the following in the
``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; as 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 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. 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 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\
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\1\ 19 U.S.C. 2601.
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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\
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\2\ This reference to sec. 206 should probably be a reference to
sec. 306.
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(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.--
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\3\ 19 U.S.C. 2602.
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(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--
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\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 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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(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--
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\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.
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(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--
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\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.
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(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--
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\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.
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(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--
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\8\ The functions conferred upon the President by 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.
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(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 sec. 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. 1501A-468), 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.
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\18\ 19 U.S.C. 2605.
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(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.
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\19\ Sec. 307(a) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1380), amended and
restated para. (3)(A). Sec. 307(c) of the same Act made para. (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\ Sec. 307(b) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1380), amended and
restated para. (3)(B).
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(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.
---------------------------------------------------------------------------
\25\ 19 U.S.C. 2607.
---------------------------------------------------------------------------
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--
---------------------------------------------------------------------------
\26\ 19 U.S.C. 2608.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\27\ 19 U.S.C. 2609.
---------------------------------------------------------------------------
(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--
---------------------------------------------------------------------------
\28\ 19 U.S.C. 2610.
---------------------------------------------------------------------------
(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)'', struck out subsec. designations ``(a)'',
``(b)'', and ``(c)'', and inserted in lieu thereof para. designations
``(1)'', ``(2)'', and ``(3)'', 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) inserted this
sentence in lieu of the final three sentences of para. (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; as 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; 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; Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003 [H.R. 1646], 116 Stat. 1350,
approved September 30, 2002; and Public Law 109-140 [H.R. 4436], 119
Stat. 2650, approved December 22, 2005
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:
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\7\ Sec. 1(p) of Public Law 103-415 (108 Stat. 4301) added subsec.
(c).
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(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.--
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\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').''.
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(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.
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\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''.
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(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\
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\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. 1501A-451), 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.
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(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.
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\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''.
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(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.
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\13\ Sec. 504 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. 1501A-451), added subsec. (g).
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SEC. 305.\14\ AUTHORITIES OF THE BOARD.
(a) Authorities.--The Board shall have the following
authorities:
---------------------------------------------------------------------------
\14\ 22 U.S.C. 6204.
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(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\
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\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)''.
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(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.
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\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''). Subsequently, sec. 507(1) of Public Law 107-228 (116
Stat. 1394) struck out ``annually,,'' and inserted in lieu thereof
``annually,''.
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(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\
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\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.
---------------------------------------------------------------------------
\22\ Sec. 1(s)(1) of Public Law 103-415 (108 Stat. 4302) struck out
``to'' and inserted in lieu thereof ``of''.
---------------------------------------------------------------------------
(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.
(19) \24\ (A) To provide for the payment of primary
and secondary school expenses for dependents of
personnel stationed in the Commonwealth of the Northern
Mariana Islands (CNMI) at a cost not to exceed expenses
authorized by the Department of Defense for such
schooling for dependents of members of the Armed Forces
stationed in the Commonwealth, if the Board determines
that schools available in the Commonwealth are unable
to provide adequately for the education of the
dependents of such personnel.
---------------------------------------------------------------------------
\24\ Sec. 8 of Public Law 109-140 (119 Stat. 2652) added para.
(19).
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(B) To provide transportation for dependents of such
personnel between their places of residence and those
schools for which expenses are provided under
subparagraph (A), if the Board determines that such
schools are not accessible by public means of
transportation.
(b) \25\ 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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\25\ 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).
---------------------------------------------------------------------------
(c) \25\, \26\ Broadcasting Budgets.--
---------------------------------------------------------------------------
\26\ 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) \25\, \27\ 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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\27\ 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) \25\ 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.\28\ 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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\28\ 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) \28\ 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.\29\ INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau under the Board \30\
(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.
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\29\ 22 U.S.C. 6206. Sec. 504 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1393; 22 U.S.C. 6206 note), as amended, provided the following:
---------------------------------------------------------------------------
``sec. 504. personal services contracting pilot program.
---------------------------------------------------------------------------
``(a) In General.--The Director of the International Broadcasting
Bureau (in this section referred to as the `Director') may establish a
pilot program (in this section referred to as the `program') for the
purpose of hiring United States citizens or aliens as personal services
contractors, without regard to Civil Service and classification laws,
for service in the United States as broadcasters, producers, and
writers in the International Broadcasting Bureau to respond to new or
emerging broadcast needs or to augment broadcast services.
``(b) Conditions.--The Director is authorized to use the authority
of subsection (a) subject to the following conditions:
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``(1) The Director determines that existing personnel resources are
insufficient and the need is not of permanent duration.
``(2) The Director approves each employment of a personal services
contractor.
``(3) The contract length, including options, may not exceed 2 years,
unless the Director makes a finding that exceptional circumstances justify
an extension of up to one additional year.
``(4) Not more than a total of 60 United States citizens or aliens are
employed at any one time as personal services contractors under the
program.
---------------------------------------------------------------------------
``(c) Termination of Authority.--The authority to award personal
services contracts under the pilot program authorized by this section
shall terminate on December 31, 2006. A contract entered into prior to
the termination date under this subsection may remain in effect for a
period not to exceed 6 months after such termination date.''.
\30\ 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) \31\ 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.\32\ 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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\31\ 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.''.
\32\ 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) \33\ 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.
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\33\ 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.\34\ 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--
---------------------------------------------------------------------------
\34\ 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) \35\ The total amount of grants made for the operating
costs of RFE/RL, Incorporated, may not exceed $85,000,000 in
fiscal year 2003.
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\35\ Sec. 501 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1392), amended and restated
subsec. (c). It previously read as follows:
``(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.''.
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(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) or
(C),\36\ 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.
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\36\ Sec. 502(2) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1392), struck out ``(B),'' and
inserted in lieu thereof ``(B) or (C),''.
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(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.
(C) \37\ Notwithstanding the limitations under
subparagraph (A), grant funds provided under this
section may be used by RFE/RL, Incorporated, to pay up
to three employees employed in Washington, D.C., salary
or other compensation not to exceed the rate of pay
payable for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
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\37\ Sec. 502(1) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1392), added subpara. (C).
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(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) \38\ 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 \39\ shall submit to the Board \40\ 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 \39\ 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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\38\ As enrolled; no para. (2).
\39\ 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).''.
\40\ 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 \41\ 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.
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\41\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law
108-271; 118 Stat. 814) redesignated the ``General Accounting Office''
as the ``Government Accountability Office'' and provided that ``Any
reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(2) Representatives of the General Accounting Office
\41\ 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 \39\ is authorized to exercise
the authorities of the Inspector General Act of 1978
with respect to RFE/RL, Incorporated.
(k) \42\ * * * [Repealed--1998]
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\42\ 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) \42\ * * * [Repealed--1998]
SEC. 309.\43\ 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.
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\43\ 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) \44\ Grant Agreement.--Any grant agreement or grants
under this section shall be subject to the following
limitations and restrictions:
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\44\ 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. 1501A-450), 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.--
---------------------------------------------------------------------------
``(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) \45\ 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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\45\ 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. 1501A-450), 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.\46\
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\46\ 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. 1501A-450), 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.\47\
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\47\ Sec. 501(3)(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. 1501A-450), 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) \48\ 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.
---------------------------------------------------------------------------
\48\ 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. 1501A-450), 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) \44\ 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) \44\ 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) \49\ 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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\49\ 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. 1501A-450), 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) \44\ 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) \44\ 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.\50\ * * * [REPEALED--1998]
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\50\ 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.
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SEC. 311.\51\ 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.
---------------------------------------------------------------------------
\51\ 22 U.S.C. 6210.
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SEC. 312.\52\ 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--
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\52\ 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. 1501A-451). Sec. 312
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
conditions, RFE/RL should phase out broadcasting to that
nation.
SEC. 313.\53\ 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 \54\
supervision of the Board shall not be available for obligation
or expenditure--
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\53\ 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, 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: * * *''.
\54\ Sec. 507(2) of Public Law 107-228 (116 Stat. 1394) struck out
``the direction and'' after ``broadcasting subject to''.
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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.\55\ DEFINITIONS.
For the purposes of this title--
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\55\ 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 \56\ and the Committee on
Appropriations of the House of Representatives;
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\56\ 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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(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) \57\ 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.
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\57\ 22 U.S.C. 6214. Added by sec. 1(ll) of Public Law 103-415 (108
Stat. 4303).
b. Bureau of Broadcasting, Board for International Broadcasting
Authorization, Fiscal Year 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002; as amended by Public Law 109-140 [H.R. 4436], 119 Stat. 2650,
approved December 22, 2005
AN ACT To authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, 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 STATE AUTHORIZATION, FISCAL YEAR 2003
* * * * * * *
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/RL,
INCORPORATED.
Section 308(c) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(c)) is amended to read
as follows: * * *
SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCORPORATED.
Section 308(h)(1) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--* *
*
SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING SERVICES OUTSIDE
THE UNITED STATES.
Section 802(b)(4) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is
amended--* * *
SEC. 504.\1\ PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) In General.--The Director of the International
Broadcasting Bureau (in this section referred to as the
``Director'') may establish a pilot program (in this section
referred to as the ``program'') for the purpose of hiring
United States citizens or aliens as personal services
contractors, without regard to Civil Service and classification
laws, for service in the United States as broadcasters,
producers, and writers in the International Broadcasting Bureau
to respond to new or emerging broadcast needs or to augment
broadcast services.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6206 note.
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(b) Conditions.--The Director is authorized to use the
authority of subsection (a) subject to the following
conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is not of
permanent duration.
(2) The Director approves each employment of a
personal services contractor.
(3) The contract length, including options, may not
exceed 2 years, unless the Director makes a finding
that exceptional circumstances justify an extension of
up to one additional year.
(4) Not more than a total of 60 United States
citizens or aliens are employed at any one time as
personal services contractors under the program.
(c) Termination of Authority.--The authority to award
personal services contracts under the pilot program authorized
by this section shall terminate on December 31, 2006.\2\ A
contract entered into prior to the termination date under this
subsection may remain in effect for a period not to exceed 6
months after such termination date.
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\2\ Sec. 6 of Public Law 109-140 (119 Stat. 2652) struck out
``December 31, 2005'' and inserted in lieu thereof ``December 31,
2006''.
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SEC. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS.
(a) Exemption From Responsibilities of the Secretary.--
Section 103(a)(1)(A) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended
* * *
(b) Exemption From Chief of Mission Responsibilities.--
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
is amended--* * *
SEC. 506. REPORT ON BROADCASTING PERSONNEL.
Not later than 120 days after the date of the enactment of
this Act, the Broadcasting Board of Governors shall submit to
the appropriate congressional committees a report regarding
senior personnel of the United States Broadcasting Board of
Governors and efforts to diversify the workforce. The report
shall include the following information, reported separately,
for the International Broadcasting Bureau, RFE/RL,
Incorporated, and Radio Free Asia:
(1) A list of all personnel positions at or above the
GS-13 pay level.
(2) The number and percentage of women and members of
minority groups in positions under paragraph (1).
(3) The increase or decrease in the representation of
women and members of minority groups in positions under
paragraph (1) from previous years.
(4) The recruitment budget for each broadcasting
entity and the aggregate budget.
(5) Information concerning the recruitment efforts of
the Broadcasting Board of Governors relating to women
and members of minority groups, including the
percentage of the recruitment budget utilized for such
efforts.
SEC. 507. CONFORMING AMENDMENTS.
The United States International Broadcasting Act of 1994
(22 U.S.C.6201 et seq.) is amended--* * *
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).
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SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING
BOARD OF GOVERNORS. * * * \2\
SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY). * *
* \3\
SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF
GOVERNORS. * * * \4\
* * * * * * *
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\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)).
\3\ Sec. 503 amended and restated sec. 312 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6211)
\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''.
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\1\ 22 U.S.C. 6501 note.
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* * * * * * *
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.
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\2\ 22 U.S.C. 6531.
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* * * * * * *
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--
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\3\ 22 U.S.C. 6541.
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(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\
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\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.
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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.).
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\5\ Secs. 1323 through 1325 made amendments to the law referred to
in the section catchline to reflect the reorganization and
consolidation of foreign affairs agencies.
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(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.
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\6\ 22 U.S.C. 6542.
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(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--
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\7\ 22 U.S.C. 6543.
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(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:
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\8\ 22 U.S.C. 6544.
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(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''.
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\9\ 22 U.S.C. 2651 note.
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* * * * * * *
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--
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\10\ 22 U.S.C. 6202 note.
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(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 XXVIII--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. * * *
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\1\ Sec. 232 amended sec. 247 of the Television Broadcasting to
Cuba Act.
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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.
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\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.
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(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. * * *
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\3\ Secs. 241 and 242 amended sec. 8 of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2877).
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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; as 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; and 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.
---------------------------------------------------------------------------
SEC. 302.\3\ REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS. * * *
[REPEALED--1990]
* * * * * * *
---------------------------------------------------------------------------
\3\ Sec. 320(a)(2) of Public Law 101-302 (104 Stat. 247) repealed
sec. 302.
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; as 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, 2006
Partial text of Public Law 109-108 [Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat.
2290 at 2319, approved November 22, 2005
* * * * * * *
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
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, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
and reception to Cuba, and to make and supervise grants for
radio and television broadcasting to the Middle East,
$641,450,000: Provided, That of the total amount in this
heading, 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 CAPITAL IMPROVEMENTS
For 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,
$10,893,000, 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 title 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
title 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 title
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. 407. Funds appropriated under this title for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 408. (a) Funds provided in this title for the
following accounts shall be made available for programs in the
amounts contained in the respective tables included in the
report accompanying this Act: \1\
---------------------------------------------------------------------------
\1\ See House Conference Report 109-272, November 7, 2005:
Educational and Cultural Exchange Programs, p. 188; National Endowment
for Democracy, p. 194; International Broadcasting Operations, p. 195;
and Broadcasting Capital Improvements, p. 197.
---------------------------------------------------------------------------
``Educational and Cultural Exchange Programs''.
``National Endowment for Democracy''.
``International Broadcasting Operations''.
``Broadcasting Capital Improvements''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be
subject to the regular notification procedures in section 605
of this Act.
* * * * * * *
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 20016'.
(2) International Broadcasting Operations, Emergency Supplemental
Appropriations, 2005
Partial text of Public Law 109-13 [Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror and Tsunami
Relief, 2005; H.R. 1268], 119 Stat. 231 at 262, approved May 11, 2005
AN ACT Making Emergency Supplemental Appropriations for Defense, the
Global War on Terror, and Tsunami Relief, for the fiscal year ending
September 30, 2005, 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 ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005''.
* * * * * * *
DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2005, and for other purposes, namely:
* * * * * * *
TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
THE WAR ON TERROR
* * * * * * *
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
* * * * * * *
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
broader Middle East, $4,800,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ``Broadcasting Capital
Improvements'', $2,500,000, to remain available until September
30, 2006: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
* * * * * * *
18. Radio Free Afghanistan Act
Public Law 107-148 [H.R. 2998], 116 Stat. 64, approved March 11, 2002
AN ACT To authorize the establishment of Radio Free Afghanistan.
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 ``Radio Free Afghanistan
Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6201 note.
---------------------------------------------------------------------------
SEC. 2.\2\ ESTABLISHMENT OF RADIO FREE AFGHANISTAN.
(a) Requirement of a Detailed Plan.--Not later than 15 days
after the date of enactment of this Act, RFE/RL, Incorporated,
shall submit to the Broadcasting Board of Governors a report
setting forth a detailed plan for the provision by RFE/RL,
Incorporated, of surrogate broadcasting services in the Dari
and Pashto languages to Afghanistan. Such broadcasting services
shall be known as ``Radio Free Afghanistan''.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6215.
---------------------------------------------------------------------------
(b) Grant Authority.--
(1) In general.--Effective 15 days after the date of
enactment of this Act, or the date on which the report
required in subsection (a) is submitted, whichever is
later, the Broadcasting Board of Governors is
authorized to make grants to support Radio Free
Afghanistan.
(2) Supersedes existing limitation on total annual
grant amounts.--Grants made to RFE/RL, Incorporated,
during the fiscal year 2002 for support of Radio free
Afghanistan may be made without regard to section
308(c) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(c)).
(c) Available Authorities.--In addition to the authorities
in this Act, the authorities applicable to carry out United
States Government broadcasting activities under the United
States Information and Educational Exchange Act of 1948, the
United States International Broadcasting Act of 1994, the
Foreign Affairs Reform and Restructuring Act of 1998, and other
provisions of law consistent with such purpose may be used to
carry out the grant authority of subsection (b).
(d) Standards; Oversight.--Radio Free Afghanistan shall
adhere to the same standards of professionalism and
accountability, and shall be subject to the same oversight
mechanisms, as other services of RFE/RL, Incorporated.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to such amounts as are
otherwise available for such purposes, the following amounts
are authorized to be appropriated to carry out United States
Government broadcasting activities under the United States
Information and Educational Exchange Act of 1948, the United
States International Broadcasting Act of 1994, the Foreign
Affairs Reform and Restructuring Act of 1998, and this Act, and
to carry out other authorities in law consistent with such
purposes:
(1) For ``International Broadcasting Operations'',
$8,000,000 for the fiscal year 2002.
(2) For ``Broadcasting Capital Improvements'',
$9,000,000 for the fiscal year 2002.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
SEC. 4. REPEAL OF BAN ON UNITED STATES TRANSMITTER IN KUWAIT.
Section 226 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 423),
is repealed.
19. Radio Free Asia Act of 1998 \1\
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
---------------------------------------------------------------------------
\1\ For the establishment of Radio Free Asia, see sec. 309 of
Public Law 103-236. For the establishment of the Commission on
Broadcasting to the People's Republic of China, see sec. 243 of Public
Law 102-138.
---------------------------------------------------------------------------
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 America 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.
20. 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; as 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 Public Law 105-277
[Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998
---------------------------------------------------------------------------
\1\ See also Board for International Broadcasting Authorization
Act, Fiscal Years 1982 and 1983.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110
``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).''.
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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,
* * * * * * *
PART D--TELEVISION BROADCASTING TO CUBA
SEC. 241.\2\ SHORT TITLE.
This part may be cited as the ``Television Broadcasting to
Cuba Act''.
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\2\ 22 U.S.C. 1465aa note.
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SEC. 242.\3\ FINDINGS AND PURPOSES.
The Congress finds and declares that--
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\3\ 22 U.S.C. 1465aa.
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(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.
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\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''.
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(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''.
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\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, in the body of the
subsec., struck out ``USIA Television'' and inserted in lieu thereof
``the `Television''.
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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SEC. 245. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
(a) \15\ * * *
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\15\ Sec. 245(a) amended sec. 5 of the Radio Broadcasting to Cuba
Act (22 U.S.C. 1465c).
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(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''.
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\16\ 22 U.S.C. 1465c note.
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(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.
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\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''.
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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\
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\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''.
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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.
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\21\ 22 U.S.C. 1465ee.
22 Sec. 121(a)(3) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1361), provided
the following:
``(3) Broadcasting to cuba.--For `Broadcasting to Cuba',
$25,923,000 for the fiscal year 2003.''.
Previous years' authorizations include: fiscal year 1992--
$38,988,000; fiscal year 1993--$34,525,000; fiscal year 1994--
$21,000,000; and fiscal year 1995--$27,609,000.
The Department of State and Related Agency Appropriations Act, 2006
(title IV of Public Law 109-108; 119 Stat. 2325), provided the
following:
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``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, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make and
supervise grants for radio and television broadcasting to the Middle
East, $641,450,000: Provided, That of the total amount in this heading,
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 capital improvements
---------------------------------------------------------------------------
``For 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, $10,893,000, to
remain available until expended, as authorized.''.
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; fiscal year 2001--
$22,095,000; fiscal year 2002--$24,872,000; fiscal year 2003--
$24,996,000; fiscal year 2004--provided one aggregated budget allotment
for all of international broadcasting; and fiscal year 2005--
$27,629,000.
\23\ For sec. 201, Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991, see page 1208.
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(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.
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\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).
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(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.
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\26\ Sec. 232 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 703), added subsec.
(c).
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SEC. 248.\27\ DEFINITIONS.
As used in this part--
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\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.
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\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 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
``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--
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\1\ 22 U.S.C. 1465.
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(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.
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\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''.
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(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.
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\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.
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(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
\5\ 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.
CUBA SERVICE OF THE INTERNATIONAL BROADCASTING BUREAU \6\
Sec. 4.\7\ The Broadcasting Board of Governors \5\ shall
establish within the International Broadcasting Bureau \6\ 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 \5\ 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 \6\
functions and the head of the Cuba Service shall report
directly to the Board \8\ of the International Broadcasting
Bureau.\9\
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\6\ 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''.
\7\ 22 U.S.C. 1465b.
\8\ 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''.
\9\ 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''.
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ADVISORY BOARD FOR CUBA BROADCASTING \10\
Sec. 5.\11\ (a) \12\ There is established within the Office
of the President the Advisory Board for Cuba Broadcasting (in
this division referred to as the ``Advisory Board'').\13\ The
Advisory Board \14\ 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 \14\ to serve as chairperson.
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\10\ 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.
\11\ 22 U.S.C. 1465c.
\12\ 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).
\13\ 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')''.
\14\ 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).
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(b) \12\ The Advisory Board \14\ 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 \15\ as it may consider necessary.
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\15\ 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''.
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(c) In appointing the initial voting members of the
Advisory Board,\14\ 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 \14\ 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) \16\ The head of the Cuba Service and the head of the
Television Marti Service shall serve, ex officio, as members of
the Advisory Board.\14\
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\16\ 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''.
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(e) Members of the Advisory Board \14\ appointed by the
President shall, while attending meetings of the Advisory Board
\14\ or while engaged in duties relating to such meetings or in
other activities of the Advisory Board \14\ 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 \16\ of
the Advisory Board \14\ 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 \14\ 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.\17\ (a) In order to assist the Broadcasting Board
of Governors \18\ 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.\19\ 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.
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\17\ 22 U.S.C. 1465d.
\18\ 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''.
\19\ 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''.
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(b) The Board \19\ 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 \19\ determines will be most effective.
FACILITY COMPENSATION
Sec. 7.\20\ (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.
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\20\ 22 U.S.C. 1465e.
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(b) Accordingly, the Board \21\ 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 \22\ (less depreciation) and
associated technical and engineering costs.
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\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''.
\22\ Sec. 512 of Public Law 98-411 (98 Stat. 1574), moved the
parenthetical bracket in subsec. (b) from before ``replaced'' to before
``less''.
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(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,\21\ $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.
(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.\23\ (a) There are authorized to be appropriated for
the Broadcasting Board of Governors \24\ $14,000,000 for fiscal
year 1984,\25\ 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 \24\ 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.
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\23\ 22 U.S.C. 1465f.
\24\ 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''.
\25\ Sec. 121(a)(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1361), provided the
following:
``(3) Broadcasting to cuba.--For `Broadcasting to Cuba',
$25,923,000 for the fiscal year 2003.''.
Previous years' authorizations include: fiscal year 1992--
$38,988,000; fiscal year 1993--$34,525,000; fiscal year 1994--
$21,000,000; and fiscal year 1995--$27,609,000.
The Department of State and Related Agency Appropriations Act, 2006
(title IV of Public Law 109-108; 119 Stat. 2325), provided the
following:
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``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, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make and
supervise grants for radio and television broadcasting to the Middle
East, $641,450,000: Provided, That of the total amount in this heading,
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 capital improvements
---------------------------------------------------------------------------
``For 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, $10,893,000, to
remain available until expended, as authorized.''.
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; fiscal year 2001--
$22,095,000; fiscal year 2002--$24,872,000; fiscal year 2003--
$24,996,000; fiscal year 2004--provided one aggregated budget allotment
for all of international broadcasting; and fiscal year 2005--
$27,629,000.
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(b) In addition to amounts otherwise authorized to be
appropriated to the Board \26\ for the fiscal years 1984 and
1985, there are authorized to be appropriated to the Board \26\
$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.
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\26\ 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''.
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(c) Amounts appropriated under this section are authorized
to be made available until expended.
Sec. 9.\27\ * * * [Repealed--1994]
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\27\ 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\
* * * * * * *
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\1\ 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.
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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).
* * * * * * *
21. 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; Public Law 104-186 [House of Representatives
Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat.
1718, approved August 20, 1996; and Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat.
1350, approved September 30, 2002
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'').
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\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:
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``sec. 422. conference on security and cooperation in europe.
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``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.''.
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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.
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\2\ 22 U.S.C. 3002.
\3\ Sec. 2 of Public Law 99-7 (99 Stat. 18) inserted ``human rights
and''.
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Sec. 3.\4\ (a) The Commission shall be composed of twenty-
one members as follows:
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\4\ 22 U.S.C. 3003. Sec. 1 of Public Law 99-7 (99 Stat. 18) amended
and restated sec. 3. It previously read as follows:
``Sec. 3. The Commission shall be composed of fifteen members as
follows:
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``(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.
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\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 100th 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.''.
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(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.
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\6\ 22 U.S.C. 3004.
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Sec. 5.\7\ In order to assist the Commission in carrying
out its duties, the Secretary of State shall submit to the
Commission an annual report discussing the overall United
States policy objectives that are advanced through meetings of
decision-making bodies of the Organization for Security and
Cooperation in Europe (OSCE), the OSCE implementation review
process, and other activities of the OSCE. The report shall
also include a summary of specific United States policy
objectives with respect to participating states where there is
particular concern relating to the implementation of OSCE
commitments or where an OSCE presence exists. Such summary
shall address the role played by OSCE institutions, mechanisms.
or field activities in achieving United States policy
objectives. Each annual report shall cover the period from
January 1 to December 31, shall be submitted not more than 90
days after the end of the reporting period, and shall be posted
on the Internet website of the Department of State.
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\7\ 22 U.S.C. 3005. Sec. 226 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1369), amended and
restated sec. 5. As previously amended by sec. 171(2) of Public Law
102-138 (105 Stat. 679), it had read as follows:
``Sec. 5. In order to assist the Commission in carrying out its
duties, the President shall submit to the Commission an annual report,
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.''.
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).
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Sec. 6.\8\ 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.
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\8\ 22 U.S.C. 3006.
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Sec. 7.\9\ (a)(1) \10\ 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.
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\9\ 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 Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2329),
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, $2,030,000,
to remain available until September 30, 2007.''.
\10\ Public Law 99-7 (99 Stat. 18) amended and restated sec.
7(a)(1) and (2). 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) \10\ 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) \11\ 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.
---------------------------------------------------------------------------
\11\ Public Law 94-534 added subsec. (b).
---------------------------------------------------------------------------
(c) \12\ 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.
---------------------------------------------------------------------------
\12\ Sec. 401 of the Department of State Authorization Act, Fiscal
Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403), added subsec.
(c).
---------------------------------------------------------------------------
(d) \13\ Foreign travel for official purposes by Commission
members and staff may be authorized by either the Chairman or
the Cochairman.
---------------------------------------------------------------------------
\13\ Sec. 4 of Public Law 99-7 (99 Stat. 18) added subsec. (d).
---------------------------------------------------------------------------
Sec. 8.\14\ (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.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 3008. Sec. 5 of Public Law 99-7 (99 Stat. 18)
amended and restated sec. 8. 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) \15\ (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.
---------------------------------------------------------------------------
\15\ 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 \16\ of the House of Representatives.
---------------------------------------------------------------------------
\16\ 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.\17\ 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.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 3009. Sec. 134 of the Further Continuing
Appropriations Act, Fiscal Year 1986 (Public Law 99-190; 99 Stat.
1322), added sec. 9.
Appendix I
Note.--Appendix I lists Public Laws included in
Legislation on Foreign Relations Through 2005, either
as freestanding law or in amendments, arranged by
Public Law number with corresponding short title or
popular name.
------------------------------------------------------------------------
Public Law
No. Short Title
------------------------------------------------------------------------
109-169 United States-Bahrain Free Trade Agreement Implementation
Act
109-167 Passport Services Enhancement Act of 2005
109-165 Torture Victims Relief Reauthorization Act of 2005
109-164 Trafficking Victims Protection Reauthorization Act of 2005
109-163 National Defense Authorization Act for Fiscal Year 2006
109-163 United States Policy in Iraq Act (section 1227)
109-163 Detainee Treatment Act of 2005 (title XIV)
109-159 Transfer of Items To War Reserves Stockpile for Allies,
Korea
109-148 Department of Defense, Emergency Supplemental Appropriations
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006
109-148 Department of Defense Appropriations Act, 2006 (division A)
109-148 Emergency Supplemental Appropriations To Address Hurricanes
in the Gulf of Mexico and Pandemic Influenza Act, 2006
(division B)
109-140 To Provide Certain Authorities for the Department of State
109-134 Naval Vessels Transfer Act of 2005
109-121 Senator Paul Simon Water for the Poor Act of 2005
109-112 Iran Nonproliferation Amendments Act of 2005
109-108 Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006
109-108 Department of State and Related Agencie Appropriations Act,
2006 (title IV)
109-102 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006
109-97 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2006
109-95 Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005
109-77 Continuing Appropriations, Fiscal Year 2006
109-58 Energy Policy Act of 2005
109-54 Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006
109-53 Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act
109-39 Renewal of Import Restrictions--Burmese Freedom and
Democracy Act of 2003
109-13 Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005
108-497 Comprehensive Peace in Sudan Act of 2004
108-484 Microenterprise Results and Accountability Act of 2004
108-458 Intelligence Reform and Terrorism Prevention Act of 2004
108-458 9/11 Commission Implementation Act of 2004 (title VII)
108-458 Afghanistan Freedom Support Act Amendments of 2004 (sec.
7104)
108-447 Consolidated Appropriations Act, 2005
108-447 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (division D)
108-447 Migratory Bird Treaty Reform Act of 2004 (division E, sec.
143)
108-447 Miscellaneous Appropriations and Offsets Act, 2005 (division
J, title I)
108-429 Miscellaneous Trade and Technical Corrections Act of 2004
108-375 Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005
108-370 Prevention of Child Abduction Partnership Act
108-347 Belarus Democracy Act of 2004
108-333 North Korean Human Rights Act of 2004
108-332 Global Anti-Semitism Review Act of 2004
108-323 Tropical Forest Conservation Act Reauthorization
108-302 United States-Morocco Free Trade Agreement Implementation
Act
108-297 Cape Town Treaty Implementation Act of 2004
108-286 United States-Australia Free Trade Agreement Implementation
Act
108-283 Northern Uganda Crisis Response Act
108-274 AGOA Acceleration Act of 2004
108-272 Approving the Renewal of Import Restrictions--Burma
108-266 Marine Turtle Conservation Act of 2004
108-235 Taiwan's Participation in the World Health Organization
108-215 Amendments to U.S.-Mexico Agreement Establishing a Border
Environment Cooperation Commission and North American
Development Bank
108-200 Congo Basin Forest Partnership Act of 2004
108-199 Consolidated Appropriations, 2004
108-199 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (division D)
108-199 HELP Commission Act (division B, sec. 637)
108-199 Millennium Challenge Act of 2003 (division D, title VI)
108-175 Syria Accountability and Lebanese Sovereignty Restoration
Act of 2003
108-136 National Defense Authorization Act for Fiscal Year 2004
108-136 Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106 Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004
108-77 United States-Chile Free Trade Agreement Implementation Act
108-31 Microenterprise Report to Congress
108-28 Taiwan's Participation in the World Health Organization
108-25 United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003
108-19 Clean Diamond Trade Act
108-11 Emergency Wartime Supplemental Appropriations Act, 2003
108-7 Consolidated Appropriations, 2003
107-365 Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327 Afghanistan Freedom Support Act of 2002
107-314 Bob Stump National Defense Authorization Act for Fiscal Year
2003
107-258 Persian Gulf POW/MIA Accountability Act of 2002
107-246 Russian Democracy Act of 2002
107-245 Sudan Peace Act
107-243 Authorization for Use of Military Force Against Iraq
Resolution of 2002
107-228 Foreign Relations Authorization Act, Fiscal Year 2003
107-228 Department of State Authorization Act, Fiscal Year 2003
(division A)
107-228 Security Assistance Act of 2002 (division B)
107-228 Middle East Peace Commitments Act of 2002 (division A, title
VI, subtitle A)
107-228 Tibetan Policy Act of 2002 (division A, title VI, subtitle
B)
107-228 East Timor Transition to Independence Act of 2002 (division
A, title VI, subtitle C)
107-228 Clean Water for the Americas Partnership Act of 2002
(division A, title VI, subtitle D)
107-228 Freedom Investment Act of 2002 (division A, title VI,
subtitle E)
107-228 Russian Federation Debt for Nonproliferation Act of 2002
(division B, title XIII, subtitle B)
107-228 Nonproliferation Assistance Coordination Act of 2002
(division B, title XIII, subtitle C)
107-228 Iran Nuclear Proliferation Prevention Act of 2002 (division
B, title XIII, subtitle D)
107-210 Trade Act of 2002
107-210 Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206 2002 Supplemental Appropriations Act for Further Recovery
From and Response to Terrorist Attacks on the United States
107-206 American Servicemembers Protection Act (title II)
107-197 Terrorist Bombings Convention Implementation Act of 2002
107-189 Export-Import Bank Reauthorization Act of 2002
107-187 Gerald B. H. Solomon Freedom Consolidation Act of 2002
107-173 Ehanced Border Security and Visa Entry Reform Act of 2002
107-148 Radio Free Afghanistan Act
107-141 Asian Elephant Conservation Reauthorization Act of 2002
107-117 Department of Defense and Emergency Supplemental
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002
107-115 Kenneth M. Ludden Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2002
107-112 Rhinoceros and Tiger Conservation Reauthorization Act of
2001
107-111 African Elephant Conservation Reauthorization Act of 2001
107-107 National Defense Authorization Act for Fiscal Year 2002
107-99 Zimbabwe Democracy and Economic Recovery Act of 2001
107-81 Afghan Women and Children Relief Act of 2001
107-56 Uniting and Strengthening America By Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001
107-56 International Money Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (title III)
107-43 United States-Jordan Free Trade Area Implementation Act
107-40 Authorization for Use of Military Force [international
terrorism]
107-39 Condemnation of Terrorist Attacks
107-24 ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
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
106-398 Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001
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)
106-386 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)
106-286 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)
106-256 Oceans Act of 2000
106-247 Neotropical Migratory Bird Conservation Act
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 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 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
106-30 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 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
105-107 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
104-106 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)
101-454 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)
100-460 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989
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 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 2005, 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
2002 Supplemental Appropriations Act for Further Recovery 107-206
From and Response to Terrorist Attacks on the United States
9/11 Commission Implementation Act of 2004 (title VII)...... 108-458
AGOA Acceleration Act of 2004............................... 108-274
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)......................................
Afghan Women and Children Relief Act of 2001................ 107-81
Afghanistan Freedom Support Act of 2002..................... 107-327
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 Elephant Conservation Reauthorization Act of 2001... 107-111
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 109-97
Administration, and Related Agencies Appropriations Act,
2006.......................................................
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
Amendments to U.S.-Mexico Agreement Establishing a Border 108-215
Environment Cooperation Commission and North American
Development Bank...........................................
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
American Servicemembers Protection Act (title II)........... 107-206
Andean Trade Preference Act (title II)...................... 102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI) 107-210
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........................................
Approving the Renewal of Import Restrictions--Burma......... 108-272
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 Elephant Conservation Reauthorization Act of 2002..... 107-141
Asian/Pacific American Heritage Month--Designation.......... 102-450
Assistance for International Malaria Control Act............ 106-570
Assistance for Orphans and Other Vulnerable Children in 109-95
Developing Countries Act of 2005...........................
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 Military Force [international 107-40
terrorism].................................................
Authorization for Use of Military Force Against Iraq 107-243
Resolution of 2002.........................................
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
Belarus Democracy Act of 2004............................... 108-347
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).......................
Bob Stump National Defense Authorization Act for Fiscal Year 107-314
2003.......................................................
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
Cambodian Genocide Justice Act (title V, part D)............ 103-236
Canada-United States Interparliamentary Group............... 86-42
Cape Town Treaty Implementation Act of 2004................. 108-297
Caribbean Basin Economic Recovery Act (title II)............ 98-67
Caribbean Basin Economic Recovery Expansion Act of 1990 101-382
(title II).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002 107-365
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
Clean Diamond Trade Act..................................... 108-19
Clean Water for the Americas Partnership Act of 2002 107-228
(division A, title VI, subtitle D).........................
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)................................................
Comprehensive Peace in Sudan Act of 2004.................... 108-497
Congo Basin Forest Partnership Act of 2004.................. 108-200
Consolidated Appropriations Act, 2005....................... 108-447
Continuing Appropriations, Fiscal Year 2006................. 109-77
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 and Emergency Supplemental 107-117
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002.....................
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, 2006 (division A). 109-148
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 Defense, Emergency Supplemental Appropriations 109-148
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006........................................
Department of Energy Act of 1978............................ 95-238
Department of State and Related Agencie Appropriations Act, 109-108
2006 (title IV)............................................
Department of State Appropriations Authorization Act of 1973 93-126
Department of State Authorization Act, Fiscal Year 2003 107-228
(division A)...............................................
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, Environment, and Related 109-54
Agencies Appropriations Act, 2006..........................
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..............
Detainee Treatment Act of 2005 (title XIV).................. 109-163
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
Dominican Republic-Central America-United States Free Trade 109-53
Agreement Implementation Act...............................
Driftnet Act Amendments of 1990 (sec. 206).................. 94-265
Driftnet Impact Monitoring, Assessment, and Control Act of 100-220
1987 (title IV)............................................
East Timor Transition to Independence Act of 2002 (division 107-228
A, title VI, subtitle C)...................................
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 Appropriations Act for Defense and 108-106
for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the 109-13
Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations To Address Hurricanes 109-148
in the Gulf of Mexico and Pandemic Influenza Act, 2006
(division B)...............................................
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 Act of 2005................................... 109-58
Energy Policy and Conservation Act.......................... 94-163
Energy Policy and Conservation Act Amendments............... 96-133
Enhanced Border Security and Visa Entry Reform Act of 2002.. 107-173
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-Import Bank Reauthorization Act of 2002.............. 107-189
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 100-460
Appropriations Act, 1989...................................
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 104-208
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...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs 108-7
Appropriations Act, 2003 (division E)......................
Foreign Operations, Export Financing, and Related Programs 108-199
Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs 108-447
Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs 109-102
Appropriations Act, 2006...................................
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 Year 2003....... 107-228
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).....
Freedom Investment Act of 2002 (division A, title VI, 107-228
subtitle E)................................................
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).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002....... 107-187
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 Anti-Semitism Review Act of 2004..................... 108-332
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)..................................
HELP Commission Act (division B, sec. 637).................. 108-199
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
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001... 107-24
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
Intelligence Reform and Terrorism Prevention Act of 2004.... 108-458
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 Money Laundering Abatement and Financial Anti- 107-56
Terrorism Act of 2001 (title III)..........................
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
Iran Nonproliferation Amendments Act of 2005................ 109-112
Iran Nuclear Proliferation Prevention Act of 2002 (division 107-228
B, title XIII, subtitle D).................................
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)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
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
Marine Turtle Conservation Act of 2004...................... 108-266
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.....................................
Microenterprise Report to Congress.......................... 108-31
Microenterprise Results and Accountability Act of 2004...... 108-484
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
Middle East Peace Commitments Act of 2002 (division A, title 107-228
VI, subtitle A)............................................
Migration and Refugee Assistance Act of 1962................ 87-510
Migratory Bird Treaty Reform Act of 2004 (division E, sec. 108-447
143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............ 103-236
Millennium Challenge Act of 2003 (division D, title VI)..... 108-199
Miscellaneous Amendments and Authorization--FYs 1996 and 104-164
1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division 108-447
J, title I)................................................
Miscellaneous International Affairs Authorization Act of 100-461
1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999... 106-36
Miscellaneous Trade and Technical Corrections Act of 2004... 108-429
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
[Floyd D. Spence] National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002..... 107-107
[Bob Stump] National Defense Authorization Act for Fiscal 107-314
Year 2003..................................................
National Defense Authorization Act for Fiscal Year 2004..... 108-136
[Ronald W. Reagan] National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006..... 109-163
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
Naval Vessels Transfer Act of 2005.......................... 109-134
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
Nonproliferation Assistance Coordinationa Act of 2002....... 107-228
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 Korean Human Rights Act of 2004....................... 108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII).... 102-567
North Pacific Anadromous Stocks Convention Act of 1992 102-587
(title VIII)...............................................
Northern Uganda Crisis Response Act......................... 108-283
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 Security Initiative Act of 2003 (title XXXVI)....... 108-136
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 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
Passport Services Enhancement Act of 2005................... 109-167
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.............................
Persian Gulf POW/MIA Accountability Act of 2002............. 107-258
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).......................................................
Prevention of Child Abduction Partnership Act............... 108-370
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 Afghanistan...................................... 107-148
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
Renewal of Import Restrictions--Burmese Freedom and 109-39
Democracy Act of 2003......................................
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
Rhinoceros and Tiger Conservation Reauthorization Act of 107-112
2001.......................................................
Rio Grande American Canal Extension Act of 1990............. 101-438
Rio Grande Pollution Correction Act of 1987................. 100-465
Ronald W. Reagan National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
Russian Democracy Act of 2002............................... 107-246
Russian Federation Debt for Nonproliferation Act of 2002 107-228
(division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................ 89-296
Sales of Arms to Jordan..................................... 99-162
Science, State, Justice, Commerce, and Related Agencies 109-108
Appropriations Act, 2006...................................
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
Security Assistance Act of 2002 (division B)................ 107-228
Senator Paul Simon Water for the Poor Act of 2005........... 109-121
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..................................................
Sudan Peace Act............................................. 107-245
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
Syria Accountability and Lebanese Sovereignty Restoration 108-175
Act of 2003................................................
Taiwan's Participation in the World Health Organization..... 108-235
Taiwan's Participation in the World Health Organization..... 108-28
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....................................................
Terrorist Bombings Covnention Implementation Act of 2002.... 107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B).. 107-228
To Provide Certain Authorities for the Department of State.. 109-140
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
Torture Victims Relief Reauthorization Act of 2005.......... 109-165
Tourism Policy and Export Promotion Act of 1992............. 102-372
Trade Act of 1974........................................... 93-618
Trade Act of 2002........................................... 107-210
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
Trafficking Victims Protection Reauthorization Act of 2005.. 109-164
Trans-Alaska Pipeline Authorization Act..................... 93-153
Transfer of Items To War Reserves Stockpile for Allies, 109-159
Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)........... 87-195
Tropical Forest Conservation Act Reauthorization............ 108-323
Trust Territory of the Pacific Islands Act.................. 92-257
Tuna Conventions Act of 1950................................ 81-764
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-Australia Free Trade Agreement Implementation 108-286
Act........................................................
United States-Canada Free Trade Agreement Implementation Act 100-449
of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act. 108-77
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-Bahrain Free Trade Agreement Implementation 109-169
Act........................................................
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-Jordan Free Trade Area Implementation Act..... 107-43
United States-Korea Fishery Agreement....................... 100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and 108-25
Malaria Act of 2003........................................
United States-Macau Policy Act of 2000 (title II)........... 106-570
United States-Morocco Free Trade Agreement Implementation 108-302
Act........................................................
United States Policy in Iraq Act (section 1227)............. 109-163
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).........
Uniting and Strengthening America By Providing Appropriate 107-56
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990....... 101-243
Uruguay Rounds Agreements Act............................... 103-465
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
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
Zimbabwe Democracy and Economic Recovery Act of 2001........ 107-99
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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.
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, denial of entry into PL 106-113 Sec 801.... 264
United States of foreign
nationals engaged in.
ACDA. See Arms Control and
Disarmament Agency
Achille Lauro hijacking
Senate findings.................. PL 99-177 Sec 3....... 1191
Acid rain
Findings......................... PL 98-164 Sec 1008(a). 605
Sense of Congress................ PL 98-164 Sec 1008(b). 606
Act of July 25, 1946
Appropriations authorization..... PL 75-543............. 1309
Act of May 25, 1938
Appropriations authorization..... PL 75-543............. 1308
Repeal of........................ PL 80-402 Sec 1004.... 1453
Admiral James W. Nance and Meg
Donovan Foreign Relations
Authorization Act. See Nance-
Donovan Foreign Relations
Authorization Act, FY 2000 and
2001
Advisory Commission on Public
Diplomacy
Authority limitation............. PL 80-402 Sec 604(d).. 1443
Duties and responsibilities...... PL 80-402 Sec 604(c).. 1443
Establishment of................. PL 80-402 Sec 604(a).. 1442
Staff............................ PL 80-402 Sec 604(b).. 1443
Sunset of........................ PL 106-113 Sec 1334... 1463
Advisory Committee on Cultural
Diplomacy
Appropriations authorization, PL 107-228 Sec 224.... 169
2003.
PL 107-228 Sec 224.... 1460
Advisory Committee on Historical
Diplomatic Documentation
Establishment of................. PL 84-885 Sec 406..... 91
Responsibilities................. PL 84-885 Sec 402(b).. 87
Affidavits of support
Fee collection................... PL 106-113 Sec 232.... 250
Afghanistan
Accountability Review Board PL 99-399 Sec 301..... 1111
exemptions.
Administration policy, report.... PL 100-204 Sec 1242... 558
Policy toward.................... PL 99-399 Sec 1308.... 1145
Radio Free Afghanistan Act
Appropriations authorization... PL 107-148 Sec 3...... 1733
Establishment of............... PL 107-148 Sec 2...... 1733
Terrorist sanctuaries............ PL 108-458 Sec 7102... 95
United States Information Agency
Plan........................... PL 101-246 Sec 211.... 1504
Programming.................... PL 100-204 Sec 206.... 1510
Africa. See also individual
countries
Anti-terrorism training.......... PL 106-113 Sec 609.... 1158
Cuban presence in................ PL 95-426 Sec 613..... 642
Exchange program
Appropriations authorization, PL 106-113 Sec 104.... 235
2000 and 2001.
Human rights in Ethiopia......... PL 100-204 Sec 1221... 553
Africa--Continued
Refugees
Appropriations authorization
1979......................... PL 95-426 Sec 107..... 630
1986 and 1987................ PL 99-93 Sec 108...... 572
South Africa
Export of nuclear-related PL 98-164 Sec 1007.... 604
equipment, materials, and
technology, policy toward.
Peacekeeping activities, PL 101-246 Sec 417.... 483
contributions for.
South West Africa People's
Organization
Funds appropriation PL 98-164 Sec 114..... 596
restrictions.
United States policy on Angola... PL 100-204 Sec 1222... 553
USIA exchange programs, PL 103-236 Sec 239.... 1482
increasing participation in.
Agency for International
Development
Administrative operations PL 103-236 Sec 128.... 333
consolidation, report.
Assistance programs.............. PL 105-277 Sec 1521... 890
PL 105-277 Sec 1523... 891
Authorized number of employees, PL 103-236 Sec 121.... 331
1994 and 1995.
East Timor bilateral assistance.. PL 107-228 Sec 632.... 189
Emergency evacuation expenses
Appropriations authorization, PL 102-20 Sec 5....... 452
1991.
Foreign Service personnel system PL 96-465 Sec 202..... 716
use.
Identification of United States PL 84-885 Sec 60(d)... 66
foreign assistance.
Latin American countries, PL 107-228 Sec 688.... 201
improving building construction
and practices.
Performance pay, senior positions PL 103-236 Sec 173(c). 340
Personnel transfer............... PL 105-277 Sec 1613(b) 896
Reorganization................... PL 105-277 Sec 1501... 890
PL 105-277 Sec 1511... 890
PL 105-277 Sec 1601(d) 893
Reporting of Administrator to the PL 105-277 Sec 1522... 891
Secretary of State.
Small business participation in PL 107-228 Sec 687.... 198
procurement contracts.
Status of........................ PL 105-277 Sec 1413... 888
Syria
Assistance programs termination PL 98-164 Sec 1004.... 603
Transfer of functions
Overseas Private Investment PL 105-277 Sec 1412(b) 888
Corporation.
Aging
United Nations World Assembly on PL 98-164 Sec 119..... 599
Aging.
Agribusiness exchanges
FREEDOM Support Act programs..... PL 102-511 Sec 807.... 1628
Agricultural commodities
International materials, sense of PL 93-475 Sec 14...... 662
Congress.
Agriculture, Department of
Conversion of certain positions.. PL 96-465 Sec 2105.... 865
Foreign Service personnel system EO 12293 Sec 10....... 911
use.
AIDS. See HIV/AIDS
Air quality
United States-Canada negotiations PL 95-426 Sec 612..... 642
Air travel
Use of foreign air carriers...... PL 95-426 Sec 706..... 644
Airports, foreign
Preinspection.................... PL 108-458 Sec 7210... 130
Aliens. See also Immigration and
Nationality Act; Visas
Adjustment and extended voluntary PL 100-204 Sec 902.... 543
departure.
Aliens--Continued
Consistency of requirements...... PL 107-173 Sec 604.... 1081
Criminal history records access.. PL 107-56 Sec 403..... 1093
El Salvador
Extended voluntary departure... PL 98-164 Sec 1012.... 607
Failure to appear, annual report. PL 107-173 Sec 605.... 1081
Foreign student monitoring PL 107-173 Sec 501.... 1077
program.
Government Accountability Office PL 107-173 Sec 602.... 1080
study.
Illegal, interdiction of
Coast Guard enforcement........ EO 12807 Sec 2........ 1379
Cooperative arrangements with EO 12807 Sec 1........ 1379
foreign governments.
Intent of order................ EO 12807 Sec 3........ 1380
Immediate relatives
Visa application processing.... PL 107-228 Sec 233.... 171
Inadmissible
Visa issuance.................. PL 84-885 Sec 51(a)... 60
Inspections...................... PL 107-173 Sec 403.... 1076
International electronic data PL 107-173 Sec 603.... 1080
system.
Joint United States-Canada PL 107-173 Sec 404.... 1076
projects for alternative
inspections services.
K-1 nonimmigrant
Visa application processing.... PL 107-228 Sec 233.... 171
Korean War POW/MIA asylum program PL 106-484 Sec 3...... 1370
Newly admitted, identification PL 107-173 Sec 309.... 1075
documents for.
North American National Security PL 107-173 Sec 401.... 1075
Program, feasibility study.
Passenger manifests.............. PL 107-173 Sec 402.... 1076
Persian Gulf War POW/MIA asylum PL 106-484 Sec 3A..... 1371
program.
Retention of leave for employees PL 99-399 Sec 804..... 1131
following injury from hostile
action abroad.
Retention of nonimmigrant visa PL 107-173 Sec 606.... 1081
applications.
Travel documentation of.......... PL 82-414............. 1255
Vietnam War POW/MIA asylum PL 106-484 Sec 2...... 1369
program.
Alternate energy
World Alternate Energy Conference PL 95-426 Sec 609..... 640
Ambassador at Large for
International Religious Freedom
Appointment, duties and funding.. PL 105-292 Sec 101.... 1268
Ambassadors
Competence requirements.......... PL 84-885 Sec 18...... 25
American Corner Centers
Allocation of funds, 2003........ PL 107-228 Sec 225.... 169
PL 107-228 Sec 225.... 1460
American Institute in Taiwan
American flag display, sense of PL 107-228 Sec 693.... 203
Congress.
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 101(a). 506
1990 and 1991.................. PL 101-246 Sec 101(a). 456
1992 and 1993.................. PL 102-138 Sec 101.... 408
1994 and 1995.................. PL 103-236 Sec 101.... 324
1998 and 1999.................. PL 105-277 Sec 2101... 280
2000 and 2001.................. PL 106-113 Sec 101.... 230
2003........................... PL 107-228 Sec 111.... 157
2006........................... PL 109-108 Title IV... 674
Angola
Cuban troop withdrawal, PL 101-246 Sec 417.... 483
assurances of.
United States policy............. PL 100-204 Sec 1222... 553
Anti-Economic Discrimination Act of PL 103-236............ 378
1994.
Discriminatory contracts PL 103-236 Sec 565.... 379
prohibition.
Israel's diplomatic status....... PL 103-236 Sec 562.... 378
Middle East arms sales policy.... PL 103-236 Sec 563.... 378
Prohibition on certain sales and PL 103-236 Sec 564.... 378
leases.
Anti-Semitism
Incidence of..................... PL 108-332 Sec 2...... 141
Office to monitor and combat..... PL 84-885 Sec 59...... 64
Report........................... PL 108-332 Sec 4...... 142
Sense of Congress................ PL 108-332 Sec 3...... 142
Anti-Terrorism Act of 1987......... PL 100-204............ 1188
Enforcement...................... PL 100-204 Sec 1004... 1190
Findings and determinations...... PL 100-204 Sec 1002... 1188
Prohibitions regarding the PLO... PL 100-204 Sec 1003... 1189
Anti-Terrorism and Arms Export
Amendments Act of 1989
Self-defense in accordance with PL 101-222............ 1187
international law.
Antiterrorism. See also
Counterterrorism; Terrorism
International Antiterrorism PL 99-399 Sec 701..... 1124
Committee.
Antiterrorism and Effective Death PL 104-132............ 1162
Penalty Act of 1996.
Biological weapons restrictions
Enhanced penalties and control PL 104-132 Sec 511.... 1169
of biological agents.
Chemical weapons of mass
destruction
Facility for training and PL 104-132 Sec 521.... 1169
evaluation of personnel, study
of.
Constitutionality of restricting PL 104-132 Sec 709.... 1172
instructional materials.
International terrorism
prohibitions
Antiterrorism assistance....... PL 104-132 Sec 328.... 1165
Assistance definition.......... PL 104-132 Sec 329.... 1166
Findings and purpose........... PL 104-132 Sec 301.... 1163
PL 104-132 Sec 324.... 1164
Law enforcement assistance
Counterterrorism technologies PL 104-132 Sec 820.... 1175
to foreign countries.
Funding source................. PL 104-132 Sec 823.... 1175
International counterfeiting of PL 104-132 Sec 807.... 1172
United States currency,
combatting.
Overseas training activities... PL 104-132 Sec 801.... 1172
Research and development to PL 104-132 Sec 821.... 1175
support counterterrorism
technologies.
Nuclear materials
Findings and purpose........... PL 104-132 Sec 501.... 1167
Thefts of explosive materials PL 104-132 Sec 503.... 1168
from armories, report.
Plastic Explosives Convention,
implementation of
Findings and purpose........... PL 104-132 Sec 601.... 1171
Proof of citizenship............. PL 104-132 Sec 902.... 1176
Severability..................... PL 104-132 Sec 904.... 1176
Territorial sea, expansion of.... PL 104-132 Sec 901.... 1176
Antiterrorism Assistance Training
Visa and Passport Security PL 108-458 Sec 7218(b) 135
Program training.
Arab countries
Israel-Arab Peace Partners
Program
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 235
2003......................... PL 107-228 Sec 112.... 159
Arab League
Boycott of Israel
Certification.................. PL 103-236 Sec 565.... 380
Definitions.................... PL 103-236 Sec 565.... 380
Discriminatory contracts PL 103-236 Sec 565.... 379
prohibition.
Prohibition on sales and leases PL 103-236 Sec 564.... 378
of defense articles or
services to participating
countries.
Arab League--Continued
Rejection of passports to persons PL 102-138 Sec 129.... 418
visiting Israel.
Argentina
Export of nuclear-related PL 98-164 Sec 1007.... 604
equipment, materials, and
technology, policy toward.
Armenia
Displaced Armenians
Assistance appropriations PL 102-138 Sec 104.... 414
authorization, 1992 and 1993.
Arms control. See also Defense
articles
Chinese weapons proliferation PL 102-138 Sec 324.... 438
practices, report.
Imports of United States origin PL 109-108 Sec 630.... 684
``curios or relics'' firearms,
parts, or ammunition.
Middle East and Persian Gulf
region
Arms sales policy.............. PL 102-138 Sec 322.... 437
PL 103-236 Sec 563(b). 378
Definitions.................... PL 102-138 Sec 405.... 450
Findings....................... PL 102-138 Sec 401.... 445
Limitation on United States PL 102-138 Sec 403.... 448
arms sales.
Multilateral arms transfer and PL 102-138 Sec 402.... 446
control regime.
Reports........................ PL 102-138 Sec 404.... 449
Munitions Control, Office of
Appropriations authorization, PL 101-246 Sec 101(c). 456
1990 and 1991.
Northern Ireland
Decommissioning weapons........ PL 107-228 Sec 701(b). 207
People's Republic of China
Reports........................ PL 102-138 Sec 303.... 436
Suspension of export license PL 101-246 Sec 902.... 496
issuance to.
Prohibition on certain sales and PL 103-236 Sec 564.... 378
leases.
Republic of Korea, transfer of PL 103-236 Sec 509.... 358
obsolete or surplus defense
articles to.
SS-23 missiles, report........... PL 102-138 Sec 325.... 439
Transfer to persons or entities PL 107-228 Sec 699.... 205
in the West Bank and Gaza.
Transparency in armaments policy. PL 103-236 Sec 504.... 356
Arms Control and Disarmament Agency
Abolition of..................... PL 105-277 Sec 1201... 877
PL 105-277 Sec 1211... 878
PL 105-277 Sec 1221... 878
PL 105-277 Sec 1601... 892
Administrative operations PL 103-236 Sec 128.... 333
consolidation, report.
Appropriations authorization
1994 and 1995.................. PL 103-236 Sec 106.... 331
1999........................... PL 105-277 Sec 2601... 305
Performance pay, senior positions PL 103-236 Sec 173(c). 340
Personnel transfer, appointment PL 105-277 Sec 1613... 896
and assignment.
Transfer of functions to PL 105-277 Sec 1212... 878
Secretary of State.
Arms Control and International
Security
Under Secretary for.............. PL 84-885 Sec 1(b).... 9
Arms embargo
Termination of policy against PL 103-236 Sec 520.... 364
Bosnia-Herzegovina.
Art
Arts America Program
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Art--Continued
Exemption from judicial seizure PL 89-259............. 1661
of cultural objects imported for
temporary exhibition.
National Gallery of Art
International Communication PL 95-426 Sec 205..... 1535
Agency functions.
Return of Holocaust victim PL 107-228 Sec 705.... 210
portraits to artist Dina Babbitt.
Arts America Program
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Asia. See also individual countries
Asian-Pacific Economic
Cooperation conference.
Reimbursement appropriations PL 103-236 Sec 101.... 325
authorization, 1994 and 1995.
Broadcasting to, appropriations PL 106-113 Sec 121.... 244
authorization, 2000 and 2001.
Center for Asian Democracy
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Asia Foundation Act................ PL 98-164............. 1422
Appropriations authorization
1982 and 1983.................. PL 97-241 Sec 111..... 615
1992 and 1993.................. PL 102-138 Sec 105.... 415
1994 and 1995.................. PL 103-236 Sec 105.... 330
1998 and 1999.................. PL 105-277 Sec 2103... 281
2006........................... PL 109-108 Title IV... 676
Findings......................... PL 98-164 Sec 402..... 1422
Funding.......................... PL 98-164 Sec 404..... 1423
Grants........................... PL 98-164 Sec 403..... 1423
Asia-Pacific region. See Pacific
Charter Commission Act of 2000.
See also individual countries
Asian-Pacific Economic Cooperation
Organization
United States membership......... PL 103-236 Sec 424.... 352
Asian-Pacific Regional Human Rights
Convention
Report........................... PL 100-204 Sec 747.... 541
Assistant Secretaries of State
Authority of..................... PL 84-885 Sec 1(c).... 10
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental and
Scientific Affairs.
Democracy, Human Rights and Labor PL 95-105 Sec 109..... 647
Nomination of.................... PL 84-885 Sec 1(c).... 12
Responsibilities concerning PL 103-236 Sec 503(a). 356
rights to food and medical care.
South Asian Affairs.............. PL 102-138 Sec 122.... 416
Association of Democratic Nations.. PL 101-246 Sec 1005... 501
Attorney General
Intelligence activities
Approval....................... EO 12333 Sec 2.5...... 973
Report......................... PL 95-511 Sec 601..... 955
Rewards for information on
international terrorism
authority
Definitions.................... PL 98-533 Sec 3077.... 1194
Determination of entitlement PL 98-533 Sec 3072.... 1193
and maximum amount.
Governmental officials PL 98-533 Sec 3074.... 1193
exception.
Identity protection............ PL 98-533 Sec 3073.... 1193
Information for which rewards PL 98-533 Sec 3071.... 1192
authorized.
Witness security program PL 98-533 Sec 3076.... 1194
eligibility.
Special agents agreements........ PL 84-885 Sec 37(b)... 45
Au pair provisions
Extension of programs............ PL 104-72 Sec 1....... 1543
Prohibition on use of funds...... PL 100-461 Sec 301(b). 1544
Au pair provisions--Continued
Sense of Congress................ PL 100-461 Sec 301(a). 1544
Audio-visual materials
Beirut Agreement of 1949
Carrying out provisions of..... EO 11311.............. 1660
Implementation of.............. PL 89-634............. 1658
Australia
American-Australian Bicentennial PL 99-93 Sec 106...... 571
Foundation.
Avian influenza
Emergency Supplemental PL 109-148............ 687
Appropriations Act To Address
Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006.
Aviation security
Advanced airline passenger PL 108-458 Sec 4012... 1054
prescreening, report.
Federal air marshals, PL 108-458 Sec 4017... 1055
international agreements to
allow maximum deployment.
International terrorism, sense of PL 104-264 Sec 314.... 1161
Senate regarding acts of.
Man-Portable Air Defense Systems
Definitions.................... PL 108-458 Sec 4026(e) 1057
FAA airworthiness certification PL 108-458 Sec 4026(b) 1056
of missile defense systems for
commercial aircraft.
Nonproliferation and export PL 108-458 Sec 4026(a) 1055
control policy.
Programs to reduce number of... PL 108-458 Sec 4026(c) 1056
Vulnerability assessments, PL 108-458 Sec 4026(d) 1057
report.
Awards
Foreign Service members.......... PL 96-465 Sec 614..... 753
B
Bangladesh
Arsenic contamination in drinking PL 107-228 Sec 700.... 206
water.
Beirut Agreement of 1949
Carrying out provisions of....... EO 11311.............. 1660
Implementation of................ PL 89-634............. 1658
Belgrade Conference
Findings......................... PL 95-105 Sec 502..... 650
Beltsville (MD) Information
Management Center
Appropriations authorization, PL 102-138 Sec 101(c). 408
1992 and 1993.
Benjamin Franklin House Museum and PL 101-246 Sec 1004... 500
Library.
Bilateral Science and Technology
Agreements
Appropriations authorization
1980 and 1981.................. PL 96-60 Sec 104...... 621
1982 and 1983.................. PL 97-241 Sec 110..... 615
1984 and 1985.................. PL 98-164 Sec 102..... 593
1986 and 1987.................. PL 99-93 Sec 101...... 570
1990 and 1991.................. PL 101-246 Sec 105.... 460
1992 and 1993.................. PL 102-138 Sec 105.... 414
1994 and 1995.................. PL 103-236 Sec 105.... 330
Biological weapons
Biological Weapons Anti-Terrorism 18 USC................ 1179
Act of 1989.
Definitions.................... 18 USC Sec 178........ 1185
Injunctions.................... 18 USC Sec 177........ 1184
Military assistance to enforce 18 USC Sec 175a....... 1180
prohibition in emergencies,
requests for.
Prohibitions................... 18 USC Sec 175........ 1179
Biological weapons--Continued
Biological Weapons Anti-Terrorism
Act of 1989--Continued
Seizure, forfeiture, and 18 USC Sec 176........ 1184
destruction.
Select agents.................. 18 USC Sec 175b....... 1180
Variola virus.................. 18 USC Sec 175c....... 1183
Enhanced penalties and control of PL 104-132 Sec 511.... 1169
biological agents.
Facility for training and PL 104-132 Sec 521.... 1169
evaluation of personnel who
respond in urban and suburban
areas, study of.
Biometric entry and exit data
system
Appropriations authorization..... PL 108-458 Sec 7208(l) 129
Collection of biometric exit data PL 108-458 Sec 7208(d) 125
Compliance status, reports....... PL 108-458 Sec 7208(j) 128
Definitions...................... PL 108-458 Sec 7208(b) 123
Entry-exit system goals.......... PL 108-458 Sec 7208(h) 127
Expediting registered travelers PL 108-458 Sec 7208(k) 128
across international borders.
Feasibility study on use of...... PL 107-56 Sec 1008.... 1098
Findings......................... PL 108-458 Sec 7208(a) 123
Integrated biometric entry-exit PL 108-458 Sec 7208(g) 127
screening system.
Integration and interoperability. PL 108-458 Sec 7208(e) 125
Maintaining accuracy and PL 108-458 Sec 7208(f) 125
integrity of system.
Plan development................. PL 108-458 Sec 7208(c) 123
Report........................... PL 108-458 Sec 7208(c) 124
Training for dedicated PL 108-458 Sec 7208(i) 127
specialists and front line
personnel.
Bioterrorism
Regional Emerging Diseases PL 109-140 Sec 1...... 871
Intervention (REDI) Center
research.
Birth certificates
Appropriations authorization..... PL 108-458 Sec 7211(d) 134
Definitions...................... PL 108-458 Sec 7211(a) 131
Grants to States for assistance PL 108-458 Sec 7211(c) 133
in meeting Federal standards.
Minimum standards for acceptance PL 108-458 Sec 7211(b) 132
by Federal agencies.
Blair House
Fees for use of.................. PL 84-885 Sec 46...... 57
Board for International PL 99-93.............. 1723
Broadcasting Authorization, FY
1986 and 1987.
RFE/RL, Incorporated
Management of.................. PL 99-93 Sec 304...... 1723
Secretary of State role........ PL 99-93 Sec 305...... 1724
Soviet Jewish population PL 99-93 Sec 306...... 1725
broadcast task force.
Board for International
Broadcasting Authorization, FY
1988 and 1989
Appropriations authorization..... PL 100-204 Sec 501.... 1722
Board for International
Broadcasting Authorization, FY
1990 and 1991
Appropriations authorization..... PL 101-246 Sec 301.... 1720
Board for International
Broadcasting Authorization Act, FY
1982 and 1983
Cuba, radio broadcasting to...... PL 97-241 Sec 404..... 1728
Board for International PL 98-164............. 1726
Broadcasting Authorization Act, FY
1984 and 1985.
Soviet broadcast jamming, sense PL 98-164 Sec 308..... 1727
of Congress.
Soviet religious persecution PL 98-164 Sec 306..... 1726
broadcast policy.
Board of Examiners for the Foreign
Service
Establishment of................. EO 12293 Sec 6........ 910
Responsibilities of.............. PL 96-465 Sec 211..... 723
Board of the Foreign Service
Establishment of................. EO 12293 Sec 9........ 910
Responsibilities of.............. PL 96-465 Sec 210..... 723
Border security. See Enhanced
Border Security and Visa Entry
Reform Act of 2002
Bosnia-Herzegovina
Arms embargo termination policy.. PL 103-236 Sec 520.... 364
Safety and security of personnel PL 103-236 Sec 130.... 333
in Sarajevo, report.
Boundary commissions. See
International Boundary and Water
Commission
Bratislava
United States consulate in....... PL 101-246 Sec 124.... 461
Bring Them Home Alive Act of 2000.. PL 106-484............ 1369
Broadcasting information PL 106-484 Sec 4...... 1372
concerning.
Independent States of the Former PL 106-484 Sec 5...... 1373
Soviet Union defined.
Korean War POW/MIA asylum program PL 106-484 Sec 3...... 1370
Persian Gulf War POW/MIA asylum PL 106-484 Sec 3A..... 1371
program.
Vietnam War POW/MIA asylum PL 106-484 Sec 2...... 1369
program.
British-American Interparliamentary PL 102-138 Sec 168.... 424
Group.
Broadcasting, international. See
also Free media
Appropriations authorization
1994 and 1995.................. PL 103-236 Sec 201.... 1476
1998 and 1999.................. PL 105-277 Sec 2401... 1469
PL 105-277 Sec 2401... 1711
2000 and 2001.................. PL 106-113 Sec 121.... 243
2003........................... PL 107-228 Sec 121.... 163
2006........................... PL 109-108 Title IV... 677
Board for International PL 99-93.............. 1723
Broadcasting Authorization, FY
1986 and 1987.
RFE/RL, Incorporated, PL 99-93 Sec 304...... 1723
management.
Secretary of State role........ PL 99-93 Sec 305...... 1724
Soviet Jewish population, PL 99-93 Sec 306...... 1725
broadcast task force.
Board for International
Broadcasting Authorization, FY
1988 and 1989
Appropriations authorization... PL 100-204 Sec 501.... 1722
Board for International
Broadcasting Authorization, FY
1990 and 1991
Appropriations authorization... PL 101-246 Sec 301.... 1720
Board for International
Broadcasting Authorization Act,
FY 1982 and 1983
Cuba, radio broadcasting to.... PL 97-241 Sec 404..... 1728
Board for International PL 98-164............. 1726
Broadcasting Authorization Act,
FY 1984 and 1985.
Soviet broadcast jamming....... PL 98-164 Sec 308..... 1727
Soviet religious persecution PL 98-164 Sec 306..... 1726
broadcast policy.
``Bring Them Home Alive'' refugee PL 106-484 Sec 4...... 1372
program.
Bureau of Broadcasting, Board for PL 105-277............ 1706
International Broadcasting,
Restructuring and Authorization,
1998 and 1999.
Exchange programs.............. PL 105-277 Sec 2401... 1468
PL 105-277 Sec 2401... 1711
Findings....................... PL 105-277 Sec 1321... 880
PL 105-277 Sec 1321... 1707
Foreign policy................. PL 105-277 Title 1713
XXVIII.
Funds transfer................. PL 105-277 Sec 1326... 881
PL 105-277 Sec 1326... 1707
Iran, radio to................. PL 105-277 Sec 2417... 1712
Personnel transfer............. PL 105-277 Sec 1326... 882
PL 105-277 Sec 1326... 1708
Property transfer.............. PL 105-277 Sec 1326... 881
Broadcasting, international--
Continued
Bureau of Broadcasting, Board for
International Broadcasting,
Restructuring and Authorization,
1998 and 1999--Continued
Property transfer--Continued
PL 105-277 Sec 1326... 1707
Purpose........................ PL 105-277 Sec 1321... 880
PL 105-277 Sec 1321... 1707
RFE/RL, Incorporated, report... PL 105-277 Sec 1328... 884
PL 105-277 Sec 1328... 1710
Savings provisions............. PL 105-277 Sec 1327... 882
PL 105-277 Sec 1327... 1709
Surrogate study................ PL 105-277 Sec 2416... 1712
Under Secretary................ PL 105-277 Sec 1313... 880
PL 105-277 Sec 1313... 1706
USIA abolition................. PL 105-277 Sec 1311... 879
PL 105-277 Sec 1311... 1706
Voice of America............... PL 105-277 Sec 2420... 1712
Bureau of Broadcasting, Board for PL 102-138............ 1715
International Broadcasting
Authorization, 1992 and 1993.
Appropriations authorization... PL 102-138 Sec 231.... 1715
China.......................... PL 102-138 Sec 243.... 1717
Radio Free Europe.............. PL 102-138 Sec 244.... 1719
Reports........................ PL 102-138 Sec 235.... 1717
Voice of America............... PL 102-138 Sec 233.... 1716
PL 102-138 Sec 234.... 1716
Bureau of Broadcasting, Board for PL 107-228............ 1701
International Broadcasting
Authorization, FY 2003.
Broadcasting personnel report.. PL 107-228 Sec 506.... 1702
Personal services contracting PL 107-228 Sec 504.... 1701
pilot program.
Bureau of Broadcasting, Board for
International Broadcasting
Authorization, FY 2000 and 2001
Appropriations authorization... PL 106-113 Sec 121.... 1704
Capital improvements
Appropriations authorization, PL 109-108 Title IV... 678
2006.
Funds appropriations, 2006..... PL 109-108 Sec 408.... 679
Cuba
Advisory Panel on Radio Marti PL 103-121 Title V.... 1753
and TV Marti, establishment of.
Cuba, broadcasting to
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 201.... 1477
1998 and 1999................ PL 105-277 Sec 2401... 1470
PL 105-277 Sec 2401... 1712
Cuba, radio broadcasting to
Appropriations authorization, PL 99-93 Sec 203...... 1520
1986 and 1987.
Declaration of purpose........... PL 105-277 Sec 1331... 880
East Timor....................... PL 107-228 Sec 636.... 190
Findings......................... PL 105-277 Sec 1331... 880
Funding restrictions, 2006....... PL 109-108 Sec 403.... 678
Funds appropriations, 2006....... PL 109-108 Sec 407.... 679
PL 109-108 Sec 408.... 679
International Broadcasting
Operations Appropriations, 2006
Department of State provisions. PL 109-108 Title IV... 1729
International Broadcasting
Operations Emergency
Supplemental Appropriations,
2005
International programs......... PL 109-13 Title II.... 1731
Iran, radio broadcasting in Farsi PL 105-277 Sec 2417... 1471
Privatization of RFE/RL, PL 105-277 Sec 1328... 884
Incorporated, report.
Broadcasting, international--
Continued
Privatization of RFE/RL,
Incorporated, report--Continued
PL 105-277 Sec 1328... 1710
Radio Broadcasting to Cuba Act... PL 98-111............. 1745
Advisory Board for Cuba PL 98-111 Sec 5....... 1748
Broadcasting.
Appropriations authorization... PL 98-111 Sec 8....... 1751
Assistance from other PL 98-111 Sec 6....... 1749
government agencies.
Broadcasting Board of Governors PL 98-111 Sec 3....... 1746
functions.
Cuba Service of the PL 98-111 Sec 4....... 1748
International Broadcasting
Bureau.
Facility compensation.......... PL 98-111 Sec 7....... 1750
Findings and purposes.......... PL 98-111 Sec 2....... 1746
Radio construction
Appropriations authorization, PL 105-277 Sec 2401... 1469
1998 and 1999.
PL 105-277 Sec 2401... 1711
Radio Free Afghanistan Act
Appropriations authorization... PL 107-148 Sec 3...... 1733
Establishment of............... PL 107-148 Sec 2...... 1733
Radio Free Asia
Appropriations authorization, PL 105-277 Sec 2401... 1470
1998 and 1999.
PL 105-277 Sec 2401... 1711
Radio Free Asia Act of 1998...... PL 105-261............ 1735
Appropriations authorization... PL 105-261 Sec 3902... 1735
Reporting requirement.......... PL 105-261 Sec 3903... 1736
Radio Free Europe and Radio PL 80-402 Sec 703..... 1444
Liberty, authorization for
grants.
Savings provisions............... PL 105-277 Sec 1327... 882
PL 105-277 Sec 1327... 1709
Surrogate broadcasting study..... PL 105-277 Sec 2416... 1471
Television and film service
Appropriations authorization, PL 101-246 Sec 201.... 1502
1990 and 1991.
Television Broadcasting to Cuba PL 101-246............ 1737
Act.
Appropriations authorization... PL 101-246 Sec 247.... 1742
Assistance from other PL 101-246 Sec 246.... 1741
government agencies.
Definitions.................... PL 101-246 Sec 248.... 1743
Findings and purposes.......... PL 101-246 Sec 242.... 1738
Frequency assignment........... PL 101-246 Sec 243(d). 1739
Functions...................... PL 101-246 Sec 243(a). 1739
Interference with domestic PL 101-246 Sec 243(e). 1739
broadcasting.
Monitoring of interference..... PL 101-246 Sec 243(f). 1740
Radio Broadcasting to Cuba Act PL 101-246 Sec 245.... 1741
amendments.
Task force..................... PL 101-246 Sec 243(g). 1740
Television Marti service....... PL 101-246 Sec 244.... 1740
PL 101-246 Sec 243(c). 1739
Voice of America standards..... PL 101-246 Sec 243(b). 1739
Transfer of funds, property, and PL 105-277 Sec 1326... 881
personnel.
PL 105-277 Sec 1326... 1707
United States Information Agency
Appropriations authorization, PL 100-204 Sec 201.... 1509
1988 and 1989.
Satellite and television....... PL 80-402 Sec 505..... 1438
United States International PL 103-236............ 1684
Broadcasting Act of 1994.
American jobs preservation..... PL 103-236 Sec 311.... 1698
Appropriations authorization PL 103-236 Sec 313.... 1699
requirements.
Board authorities.............. PL 103-236 Sec 305.... 1688
Broadcasting, international--
Continued
United States International
Broadcasting Act of 1994--
Continued
Broadcasting Board of Governors PL 103-236 Sec 304.... 1686
establishment.
Definitions.................... PL 103-236 Sec 314.... 1700
Findings and declaration of PL 103-236 Sec 302.... 1684
purposes.
International Broadcasting PL 103-236 Sec 307.... 1692
Bureau.
Radio Free Asia................ PL 103-236 Sec 309.... 1696
Radio Free Europe and Radio
Liberty
Continuing mission, sense of PL 103-236 Sec 312.... 1699
Congress.
Grant limits................. PL 103-236 Sec 308.... 1692
Secretary of State role........ PL 103-236 Sec 306.... 1691
Standards and principles....... PL 103-236 Sec 303.... 1685
Technical and conforming PL 103-236 Sec 315.... 1700
amendments.
Voice of America
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 401.... 1515
1990 and 1991................ PL 101-246 Sec 231.... 1506
Child survival promotion public PL 101-246 Sec 233.... 1507
service announcements.
Continuing contract authority PL 101-246 Sec 235.... 1508
for radio facilities.
Contractor requirements........ PL 100-204 Sec 403.... 1516
Equipment abroad, sense of PL 101-246 Sec 237.... 1508
Congress.
Functions...................... PL 105-277 Sec 2420(a) 1472
Modernization.................. PL 99-93 Sec 202...... 1520
People's Republic of China, PL 101-246 Sec 234.... 1508
broadcasts to.
Report......................... PL 105-277 Sec 2420(b) 1472
State defined.................. PL 105-277 Sec 2420(c) 1472
Tibet, broadcasts to........... PL 101-246 Sec 234.... 1507
World Administrative Radio
Conference
Private sector representatives PL 96-60 Sec 406...... 624
on United States Delegation to.
Broadcasting Board of Governors
Use of Foreign Service personnel PL 96-465 Sec 202..... 716
system.
Brussels, Belgium
United States Mission to the PL 101-246 Sec 1002... 500
European Community, assignment
of commercial officers.
Budget Act. See Congressional
Budget Act of 1974
Budget deficit reduction
Compliance with Presidential- PL 100-204 Sec 108.... 511
Congressional summit agreement.
Budget in Brief
Accounting of collections........ PL 84-885 Sec 55...... 61
Building construction
In Latin American countries, PL 107-228 Sec 688.... 201
improving.
Bulgaria, People's Republic of
Treatment of Turkish minority by PL 101-246 Sec 704.... 486
government of.
Bureau of Broadcasting, Board for
International Broadcasting,
Restructuring and Authorization,
1998 and 1999
Educational and cultural exchange PL 105-277 Sec 2401... 1468
programs.
PL 105-277 Sec 2401... 1711
Findings and declaration of PL 105-277 Sec 1321... 880
purpose.
PL 105-277 Sec 1321... 1707
Incidental transfers............. PL 105-277 Sec 1326(d) 882
Bureau of Broadcasting, Board for
International Broadcasting,
Restructuring and Authorization,
1998 and 1999--Continued
Incidental transfers--Continued
PL 105-277 Sec 1326(d) 1708
International information PL 105-277 Sec 2401... 1469
activities.
PL 105-277 Sec 2401... 1711
Iran, radio broadcasting in Farsi PL 105-277 Sec 2417... 1712
Iraq, support for democratic PL 105-277 Sec 2812... 1713
opposition.
Personnel transfer............... PL 105-277 Sec 1326(b) 882
PL 105-277 Sec 1326(b) 1708
Property and appropriations PL 105-277 Sec 1326(a) 881
transfer.
PL 105-277 Sec 1326(a) 1707
RFE/RL, Incorporated, PL 105-277 Sec 1328... 884
privatization report.
PL 105-277 Sec 1328... 1710
Savings provisions............... PL 105-277 Sec 1327... 882
PL 105-277 Sec 1327... 1709
Surrogate study.................. PL 105-277 Sec 2416... 1712
Under Secretary for Public PL 105-277 Sec 1313... 880
Diplomacy.
PL 105-277 Sec 1313... 1706
Voice of America................. PL 105-277 Sec 2420... 1712
Worldnet transfer and allocation. PL 105-277 Sec 1326(c) 882
PL 105-277 Sec 1326(c) 1708
Bureau of Broadcasting, Board for PL 105-277............ 1706
International Broadcasting,
Restructuring and Authorization,
FY 1998 and 1999.
United States Information Agency PL 105-277 Sec 1311... 879
abolition.
PL 105-277 Sec 1311... 1706
Bureau of Broadcasting, Board for PL 102-138............ 1715
International Broadcasting
Authorization, 1992 and 1993.
Appropriations authorization..... PL 102-138 Sec 231.... 1715
China, broadcasting to........... PL 102-138 Sec 243.... 1717
Radio Free Europe policy......... PL 102-138 Sec 244.... 1719
Reports.......................... PL 102-138 Sec 235.... 1717
Voice of America broadcasts in PL 102-138 Sec 234.... 1716
Kurdish.
Yugoslavian programming within PL 102-138 Sec 233.... 1716
Voice of America.
Bureau of Broadcasting, Board for PL 107-228............ 1701
International Broadcasting
Authorization, FY 2003.
Broadcasting personnel report.... PL 107-228 Sec 506.... 1702
Personal services contracting PL 107-228 Sec 504.... 1701
pilot program.
Bureau of Broadcasting, Board for
International Broadcasting
Authorization, FY 2000 and 2001
Appropriations authorization..... PL 106-113 Sec 121.... 1704
Bureau of Educational and Cultural
Affairs
Allocation of funds.............. PL 87-256 Sec 114..... 1576
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 301.... 1513
1990 and 1991.................. PL 101-246 Sec 221.... 1505
1992 and 1993.................. PL 102-138 Sec 221.... 1494
PL 102-138 Sec 221.... 1630
Citizen exchanges................ PL 101-246 Sec 222.... 1505
Enhanced educational exchange PL 102-138 Sec 226.... 1496
program.
Establishment of................. PL 87-256 Sec 112..... 1570
Fulbright Exchange Programs PL 102-138 Sec 222.... 1495
enhancement.
Humphrey Fellowship Program, PL 101-246 Sec 226.... 1506
sense of Congress.
Bureau of Educational and Cultural
Affairs--Continued
Independent States of the Former
Soviet Union, Lithuania, Latvia,
and Estonia
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Kosovo, Cultural Center in....... PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Law and business graduate PL 102-138 Sec 227.... 1497
training program.
Near and Middle East research and PL 102-138 Sec 228.... 1499
training.
Scholarships for Tibetans and
Burmese.
Appropriations authorization, PL 101-246 Sec 225.... 1506
1990 and 1991.
Vietnam, scholarships for PL 102-138 Sec 229.... 1499
students.
Bureau of International Narcotics
Matters
Strengthening personnel system... PL 99-93 Sec 131...... 576
Bureau of Oceans and International
Environmental and Scientific
Affairs
Appointment of Assistant PL 93-126 Sec 9....... 664
Secretary of State.
Bureau of the Interparliamentary
Union
United States membership in...... PL 105-277 Sec 2503... 302
Burma
Displaced Burmese
Humanitarian assistance
appropriations authorization
1990 and 1991................ PL 101-246 Sec 702(b). 485
1992 and 1993................ PL 102-138 Sec 104.... 414
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(d). 163
Educational and cultural
exchanges and scholarships
Appropriations authorization, PL 105-277 Sec 2415... 1471
1998 and 1999.
Scholarships
Appropriations authorization, PL 101-246 Sec 225.... 1506
1990 and 1991.
Students, report................. PL 101-246 Sec 703.... 486
United Nations Development
Program
Certification.................. PL 106-113 Sec 108(c). 241
Limitation on United States PL 105-277 Sec 2106... 284
contributions, 1998 and 1999.
Withholding of United States PL 103-236 Sec 431(b). 353
contributions, 1994 and 1995.
United States policy............. PL 103-236 Sec 515.... 361
Buy-American requirement........... PL 101-246 Sec 1003... 500
Buying Power Maintenance account... PL 84-885 Sec 24(b)... 28
C
Cambodia
Atrocities in.................... PL 95-426 Sec 610..... 641
Attack in, report................ PL 106-113 Sec 203.... 245
Cambodian Genocide
Investigations, Office of
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Establishment of............... PL 103-236 Sec 573.... 381
Indochina refugees, status
adjustment
Applicability of Immigration PL 95-145 Sec 107..... 1413
and Nationality Act provisions.
General provisions............. PL 95-145 Sec 101..... 1412
Ineligibility.................. PL 95-145 Sec 105..... 1413
Cambodia--Continued
Indochina refugees, status
adjustment--Continued
No offset of number of visas PL 95-145 Sec 106..... 1413
available.
Permanent residence PL 95-145 Sec 102..... 1412
establishment date.
PL 95-145 Sec 103..... 1412
Spouse and children............ PL 95-145 Sec 104..... 1413
Indochinese refugee resettlement. PL 100-204 Sec 904.... 544
Indochinese Refugee Resettlement PL 100-202............ 1407
and Protection Act of 1987.
Allocations of refugee PL 100-202 Sec 802(c). 1409
admissions.
Appropriations authorization... PL 100-202 Sec 101.... 1407
Declarations................... PL 100-202 Sec 804.... 1410
Findings....................... PL 100-202 Sec 804.... 1410
PL 100-202 Sec 802(a). 1407
International solutions to PL 100-202 Sec 802(d). 1409
refugee problems.
Recommendations................ PL 100-202 Sec 802(b). 1408
Reporting requirement.......... PL 100-202 Sec 803.... 1410
Parolees, adjustment of status
for
Appropriations authorization... PL 101-167............ 1418
Date of approval............... PL 101-167 Sec 599E(d) 1420
Eligibility.................... PL 101-167 Sec 599E(b) 1419
General provisions............. PL 101-167 Sec 599E(a) 1419
No offset in number of visas PL 101-167 Sec 599E(e) 1420
available.
Waiver of certain grounds for PL 101-167 Sec 599E(c) 1420
inadmissibility.
POW/MIA status, sense of Congress PL 102-138 Sec 354.... 440
Prohibition on assistance to the PL 98-164 Sec 1005.... 603
Khmer Rouge.
Refugees from.................... PL 95-624 Sec 16...... 1411
PL 100-204 Sec 906.... 547
Refugees in Thailand............. PL 99-93 Sec 809...... 586
Right of self-determination, PL 100-204 Sec 1244... 562
support for.
Scholarship and exchange programs
Appropriations authorization, PL 103-236 Sec 238.... 1482
1994 and 1995.
United States policy............. PL 103-236 Sec 515.... 361
Cambodian Genocide Justice Act PL 103-236............ 381
Establishment of State Department PL 103-236 Sec 573.... 381
Office.
Policy........................... PL 103-236 Sec 572.... 381
Reporting requirement............ PL 103-236 Sec 574.... 382
Canada
Acid rain
Sulfur dioxide emissions PL 98-164 Sec 1008.... 605
reduction.
International Boundary Commission
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 103.... 509
1990 and 1991................ PL 101-246 Sec 103.... 458
1992 and 1993................ PL 102-138 Sec 103.... 412
1994 and 1995................ PL 103-236 Sec 103.... 329
1998 and 1999................ PL 105-277 Sec 2102... 281
2000 and 2001................ PL 106-113 Sec 102.... 231
2003......................... PL 107-228 Sec 114.... 162
2006......................... PL 109-108 Title IV... 676
International Joint Commission
Appointment of commissioner.... PL 94-350 Sec 115..... 658
Joint United States-Canada PL 107-173 Sec 404.... 1076
projects for alternative border
inspections services.
Saint Lawrence Seaway
Toll negotiations.............. PL 95-105 Sec 110..... 647
United States-Canada negotiations PL 95-426 Sec 612..... 642
on air quality.
United States Embassy in......... PL 101-246 Sec 125.... 461
Capital investment fund
Appropriations authorization
1998 and 1999.................. PL 105-277 Sec 2101... 279
2000 and 2001.................. PL 106-113 Sec 101.... 229
2003........................... PL 107-228 Sec 111.... 156
2006........................... PL 109-108 Title IV... 672
Availability..................... PL 103-236 Sec 135(c). 334
Establishment of................. PL 103-236 Sec 135(a). 334
Expenditures from................ PL 103-236 Sec 135(d). 334
Funding.......................... PL 103-236 Sec 135(b). 334
Reprogramming procedures......... PL 103-236 Sec 135(e). 335
Capital Security Cost Sharing
program
Funding availability............. PL 109-108 Sec 625.... 684
Career counseling
Foreign Service members.......... PL 96-465 Sec 706..... 758
Career development
Foreign Service members.......... PL 96-465 Sec 703..... 756
Caribbean Community and Common
Market
Recognition of................... PL 100-204 Sec 746.... 541
Caribbean region. See also Clean
Water for the Americas Partnership
Act of 2002; individual countries
Latin American and Caribbean Data
Base
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 110.... 511
1990......................... PL 101-246 Sec 1010... 504
Scholarship assistance,
cooperative public and private
sector program
Agreement with States.......... PL 101-382 Sec 231(d). 1606
Definitions.................... PL 101-382 Sec 231(j). 1606
Establishment of............... PL 101-382 Sec 231(b). 1606
Federal share.................. PL 101-382 Sec 231(e). 1606
Forgiveness of................. PL 101-382 Sec 231(g). 1606
Funding........................ PL 101-382 Sec 231(i). 1606
Grants to States............... PL 101-382 Sec 231(c). 1606
Non-Federal share.............. PL 101-382 Sec 231(f). 1606
Private sector................. PL 101-382 Sec 231(h). 1606
Statement of purpose........... PL 101-382 Sec 231(a). 1605
Scholarship programs
Appropriations authorization, PL 100-204 Sec 216.... 1512
1988 and 1989.
United States Scholarship Program
for Developing Countries
Authorization, 1986 and 1987
Latin American exchanges....... PL 99-93 Sec 613...... 1613
Case-Zablocki Act. See also United
States Treaties and Other
International Agreements
Coordination and reporting of 22 CFR Part 181 Sec 988
international agreements. 181.1.
Enforcement of requirements...... PL 100-204 Sec 139.... 516
Center for Asian Democracy
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Center for Cultural and Technical
Interchange between East and West
Appropriations authorization
1990 and 1991.................. PL 101-246 Sec 201.... 1502
1992 and 1993.................. PL 102-138 Sec 201.... 1490
1994 and 1995.................. PL 103-236 Sec 201.... 1478
1998 and 1999.................. PL 105-277 Sec 2401... 1470
2000 and 2001.................. PL 106-113 Sec 104.... 236
2003........................... PL 107-228 Sec 112.... 159
Center for Cultural and Technical PL 86-472............. 1649
Interchange between East and West
Act of 1960.
Appropriations authorization..... PL 86-472 Sec 705..... 1650
Purpose.......................... PL 86-472 Sec 702..... 1649
Center for Cultural and Technical
Interchange between East and West
Act of 1960--Continued
Secretary of State
Authority...................... PL 86-472 Sec 704..... 1650
Responsibilities............... PL 86-472 Sec 703..... 1649
Center for Cultural and Technical
Interchange between North and
South
Appropriations authorization, PL 105-277 Sec 2401... 1470
1998 and 1999.
Center for Middle Eastern-Western
Dialogue Trust Fund
Appropriations authorization, PL 109-108 Title IV... 676
2006.
PL 109-108 Title IV... 1541
Establishment of................. PL 108-9 Sec 633...... 693
Center for the Study of the
Presidency
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Central America. See also
individual countries
Nicaraguan Adjustment and Central PL 105-100............ 1389
American Relief Act.
Adjustment of status for PL 105-100 Sec 202.... 1389
Nicaraguans and Cubans.
Limitation on cancellations of PL 105-100 Sec 204.... 1394
removal and suspensions of
deportation.
Suspension of deportation, PL 105-100 Sec 203.... 1393
modification of transitional
rules.
Scholarship assistance,
cooperative public and private
sector program
Agreement with States.......... PL 101-382 Sec 231(d). 1606
Definitions.................... PL 101-382 Sec 231(j). 1606
Establishment of............... PL 101-382 Sec 231(b). 1606
Federal share.................. PL 101-382 Sec 231(e). 1606
Forgiveness of................. PL 101-382 Sec 231(g). 1606
Funding........................ PL 101-382 Sec 231(i). 1606
Grants to States............... PL 101-382 Sec 231(c). 1606
Non-Federal share.............. PL 101-382 Sec 231(f). 1606
Private sector................. PL 101-382 Sec 231(h). 1606
Statement of purpose........... PL 101-382 Sec 231(a). 1605
Central Intelligence, Director of
Authority strengthening.......... EO 13355 Sec 1........ 982
Construction security PL 100-204 Sec 160(c). 526
certification.
National foreign intelligence EO 12333 Sec 1.3...... 959
advisory groups responsibilities.
Responsibilities of.............. EO 12333 Sec 1.5...... 960
Central Intelligence Agency
Duties and responsibilities...... EO 12333 Sec 1.8...... 966
Intelligence collection EO 12333 Sec 2.4...... 972
techniques.
Chemical weapons
Facility for training and PL 104-132 Sec 521.... 1169
evaluation of personnel who
respond in urban and suburban
areas, study of.
Chiefs of missions
Appointment of................... PL 96-465 Sec 304..... 725
Multilateral diplomacy training.. PL 108-458 Sec 7111(c) 103
Public diplomacy role............ PL 108-458 Sec 7110... 101
Responsibilities of.............. PL 96-465 Sec 207..... 717
Salaries of...................... PL 96-465 Sec 401..... 730
Child abduction, international
Hague Convention on civil aspects
of
Report on compliance........... PL 105-277 Sec 2803... 307
Child support
Passport restrictions on PL 106-113 Sec 238.... 252
individuals in arrears.
Children
Amerasian children in Vietnam.... PL 100-204 Sec 905.... 546
Children--Continued
Child care facilities grants..... PL 84-885 Sec 31(e)... 35
Child Labor, International
Program on the Elimination of.
Appropriations authorization, PL 105-277 Sec 2104(b) 283
1998 and 1999.
Children's Issues, Office of
Authorities and activities..... PL 106-113 Sec 201.... 244
International Code of Marketing PL 97-241 Sec 504..... 617
of Breastmilk Substitutes.
International Youth Year
Appropriations authorization, PL 98-164 Sec 208..... 1526
1984 and 1985.
Passports for children under age PL 106-113 Sec 236.... 251
14.
Refugees, United States overseas PL 103-236 Sec 501.... 354
assistance policy.
Voice of America public service PL 101-246 Sec 233.... 1507
announcements for child survival
promotion.
China
Broadcasting to.................. PL 102-138 Sec 243.... 1717
Illegal control of Tibet, sense PL 102-138 Sec 355.... 440
of Congress.
Radio broadcasting to
Appropriations authorization, PL 105-261 Sec 3902... 1735
1998.
Radio Free Asia
Reporting requirement.......... PL 105-261 Sec 3903... 1736
United States-China Economic and
Security Review Commission
Applicability of............... PL 109-108 Sec 635(b). 685
Responsibilities of............ PL 109-108 Sec 635.... 684
Salaries and expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
China (People's Republic). See
People's Republic of China
Chinese Student Protection Act of PL 102-404............ 1404
1992.
Adjustment to lawful permanent
resident status
Aliens covered................. PL 102-404 Sec 2(b)... 1404
Application period definition.. PL 102-404 Sec 2(e)... 1406
Condition...................... PL 102-404 Sec 2(c)... 1405
Dissemination of information... PL 102-404 Sec 2(c)... 1405
General provisions............. PL 102-404 Sec 2(a)... 1404
Offset in per country numerical PL 102-404 Sec 2(d)... 1405
level.
CIA. See Central Intelligence
Agency
Citizens abroad (United States)
Assistance to bereaved families.. PL 95-426 Sec 121..... 630
Conservation of estates.......... PL 84-885 Sec 43B(a).. 53
Death of
Records........................ PL 84-885 Sec 57...... 63
State Department notification.. PL 84-885 Sec 43A..... 52
Disposition of estates........... PL 84-885 Sec 43B(b).. 54
Equitable treatment of........... PL 95-426 Sec 611..... 641
Expropriation of property........ PL 103-236 Sec 527.... 368
Major disasters affecting
State Department notification.. PL 84-885 Sec 43...... 52
Place of birth on passports...... PL 100-204 Sec 1253... 565
Protection of.................... 22 USC 1732........... 1213
Citizenship (United States)
Proof of......................... PL 84-885 Sec 33...... 35
Civil Aviation Organization,
International
Restriction on contributions to.. PL 93-475 Sec 8....... 662
Civil Service
Commission to study personnel PL 102-138 Sec 150.... 421
questions.
Compatibility of retirement PL 96-465 Sec 827..... 803
system with Foreign Service
System.
Civil Service--Continued
Housing allowances of PL 100-204 Sec 703.... 535
international civil servants.
Office of Ombudsman for Civil PL 100-204 Sec 172(c). 528
Service Employees, establishment
of.
Protection of employees.......... PL 100-204 Sec 172.... 528
Classified information. See
Government Secrecy, Commission on
Protecting and Reducing
Claude and Mildred Pepper
Scholarship Program
Appropriations authorization, PL 102-138 Sec 210.... 1491
1992 and 1993.
PL 102-138 Sec 210(b). 1629
Clean Water for the Americas PL 107-228............ 191
Partnership Act of 2002.
Appropriations authorization..... PL 107-228 Sec 649.... 194
Clean Water Technical Support PL 107-228 Sec 648.... 193
Committee.
Definitions...................... PL 107-228 Sec 642.... 191
Environmental assessment......... PL 107-228 Sec 644.... 192
Establishment of program......... PL 107-228 Sec 643.... 192
Grants for prefeasibility studies PL 107-228 Sec 647.... 193
Promotion of water quality, water PL 107-228 Sec 646.... 193
treatment systems, and energy
efficiency.
Report........................... PL 107-228 Sec 650.... 194
Technology America Centers PL 107-228 Sec 645.... 192
establishment.
Termination date................. PL 107-228 Sec 651.... 194
Climate change
Intergovernmental Negotiating PL 102-138 Sec 172.... 427
Committee for framework
convention.
Coast Guard
Interdiction of illegal aliens... EO 12807 Sec 2........ 1379
Colombia
Activities, reports.............. PL 107-228 Sec 694.... 203
Hostage Relief Act of 1980
Applicability of............... PL 96-449 Sec 106..... 1201
Definitions and special rules.. PL 96-449 Sec 205..... 1204
United States-sponsored PL 107-228 Sec 695.... 204
activities, report.
Commerce, Department of
Foreign Service personnel system EO 12293 Sec 10....... 911
use.
Fulbright-Hays Act administration EO 11034 Sec 3........ 1590
functions.
Technology America Centers PL 107-228 Sec 645.... 192
establishment.
Use of Foreign Service personnel PL 96-465 Sec 202..... 716
system.
Commercial services
State Department fees............ PL 84-885 Sec 52...... 60
Commission for the Study of
International Migration and
Cooperative Economic Development
Compensation of members.......... PL 99-603 Sec 601(d).. 1366
Duty of.......................... PL 99-603 Sec 601(b).. 1365
Establishment and composition of. PL 99-603 Sec 601(a).. 1365
Report........................... PL 99-603 Sec 601(c).. 1366
Termination date................. PL 99-603 Sec 601(e).. 1366
Commission on Educational Exchange
Creation of...................... PL 80-402 Sec 601..... 1440
Membership....................... PL 80-402 Sec 602..... 1441
Recommendations.................. PL 80-402 Sec 603..... 1441
Reports.......................... PL 80-402 Sec 603..... 1441
Commission on Information
Creation of...................... PL 80-402 Sec 601..... 1440
Membership....................... PL 80-402 Sec 602..... 1441
Recommendations.................. PL 80-402 Sec 603..... 1441
Reports.......................... PL 80-402 Sec 603..... 1441
Commission on International
Religious Freedom
Administrative support........... PL 105-292 Sec 201(h). 1276
Applicability of other laws...... PL 105-292 Sec 206.... 1280
Appropriations authorization..... PL 105-292 Sec 207.... 1280
Chair election................... PL 105-292 Sec 201(d). 1276
Duties........................... PL 105-292 Sec 202.... 1277
Establishment of................. PL 105-292 Sec 201.... 1274
Funding.......................... PL 105-292 Sec 201(i). 1276
Meetings......................... PL 105-292 Sec 201(f). 1276
Membership....................... PL 105-292 Sec 201(b). 1274
Personnel matters................ PL 105-292 Sec 204.... 1278
Powers of........................ PL 105-292 Sec 203.... 1278
Quorum........................... PL 105-292 Sec 201(e). 1276
Report........................... PL 105-292 Sec 205.... 1279
Standards of conduct and PL 105-292 Sec 208.... 1280
disclosure.
Termination...................... PL 105-292 Sec 209.... 1282
Terms............................ PL 105-292 Sec 201(c). 1275
Vacancies........................ PL 105-292 Sec 201(g). 1276
Commission on Interoperable Data PL 107-173 Sec 203.... 1069
Sharing.
Commission on Proposals for the
National Academy of Peace and
Conflict Resolution
Appropriation authorization...... PL 95-561 Sec 1518.... 1019
Definitions...................... PL 95-561 Sec 1519.... 1019
Directors of..................... PL 95-561 Sec 1514.... 1018
Duties of........................ PL 95-561 Sec 1512.... 1017
Establishment of................. PL 95-561 Sec 1511.... 1017
Membership of.................... PL 95-561 Sec 1513.... 1017
Powers of........................ PL 95-561 Sec 1515.... 1018
Reports.......................... PL 95-561 Sec 1516.... 1019
Staff of......................... PL 95-561 Sec 1514.... 1018
Termination of................... PL 95-561 Sec 1517.... 1019
Commission on Protecting and
Reducing Government Secrecy
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Protection and Reduction of PL 103-236............ 398
Government Secrecy Act.
Compensation for Commission PL 103-236 Sec 908.... 401
members.
Composition of Commission...... PL 103-236 Sec 904.... 399
Final report of Commission..... PL 103-236 Sec 910.... 402
Findings....................... PL 103-236 Sec 902.... 398
Functions of Commission........ PL 103-236 Sec 905.... 400
Powers of Commission........... PL 103-236 Sec 906.... 400
Purpose........................ PL 103-236 Sec 903.... 399
Security clearances for PL 103-236 Sec 909.... 402
Commission members.
Staff of Commission............ PL 103-236 Sec 907.... 401
Travel expenses for Commission PL 103-236 Sec 908.... 401
members.
Commission on Security and PL 94-304............. 1755
Cooperation in Europe,
establishment of. See also
Conference on Security and
Cooperation in Europe;
Organization for Security and
Cooperation in Europe
Appropriations authorization..... PL 94-304 Sec 7....... 1757
Authority........................ PL 94-304 Sec 2....... 1755
Costs coverage................... PL 94-304 Sec 9....... 1759
Membership of.................... PL 94-304 Sec 3....... 1755
Personnel and administration PL 94-304 Sec 8....... 1758
committee.
Reports.......................... PL 94-304 Sec 5....... 1757
PL 94-304 Sec 6....... 1757
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
Witness requirements............. PL 94-304 Sec 4....... 1756
Commission on the Ukraine Famine
Appropriations authorization, PL 101-246 Sec 404.... 477
1990.
Commodities, international
Sense of Congress................ PL 93-475 Sec 14...... 662
Communications. See also
Broadcasting, international;
Public diplomacy
Alternative communications PL 98-164 Sec 105..... 593
center, funding for.
Federal Communications Commission
Notification of International PL 99-93 Sec 146(e)... 580
Telecommunications Satellite
Organization Agreement.
Funding for additional positions. PL 98-164 Sec 104..... 593
Secretary of State authority..... PL 84-885 Sec 35...... 37
Sense of Congress................ PL 95-426 Sec 601..... 636
United States Advisory Commission
on International Communication,
Cultural and Educational Affairs
Establishment of............... RP 77-2 Sec 8......... 1548
Communist countries
Prohibition on employment at PL 100-204 Sec 157.... 524
United States diplomatic and
consular missions.
Compensation. See Salaries and
compensation
Comptroller General
Audit of merit personnel system PL 100-204 Sec 174.... 529
of Foreign Service.
Conference on Security and
Cooperation in Europe. See also
Organization for Security and
Cooperation in Europe; Commission
on Security and Cooperation in
Europe
Appropriations authorization, PL 102-138 Sec 101(c). 409
1992.
Appropriations authorization PL 101-246 Sec 102(c). 457
limitation, 1990 and 1991.
Parliamentary Assembly, United PL 102-138 Sec 169.... 425
States Delegation to.
Conferences, international
Belgrade Conference
Findings....................... PL 95-105 Sec 502..... 650
Expenses payment................. PL 84-885 Sec 50...... 59
Funding restrictions for PL 109-108 Sec 634.... 684
attendance.
Travel reports................... PL 105-277 Sec 2505... 303
United States participation in, PL 84-885 Sec 5....... 21
Secretary of State authority.
Conflict resolution. See United
States Institute of Peace;
peacekeeping operations
Congress-Bundestag Exchange
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Congressional Budget Act of 1974
Compliance with.................. PL 101-246 Sec 1101... 504
Soviet-Eastern Europe Educational PL 102-138 Sec 227.... 1631
Exchange Programs, 1992 and 1993
compliance.
United States Scholarship Program PL 99-93 Sec 615...... 1614
for Developing Countries
Authorization, 1986 and 1987
compliance.
Waiver of earmarks............... PL 101-246 Sec 1102... 504
Congressional committees
Deadline for responses to PL 102-138 Sec 196.... 432
Congressional committee
questions.
Congressional-Executive Commission
on the People's Republic of China
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
Congressional Presentation Document
Accounting of collections........ PL 84-885 Sec 55...... 61
Conservation of Nature and Natural
Resources, International Union for
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Membership authorization......... PL 101-246 Sec 402.... 476
Consular officers
Authorities...................... PL 105-277 Sec 2222... 291
Conservation of estates abroad... PL 84-885 Sec 43B(a).. 53
Counterterrorist travel PL 108-458 Sec 7203... 119
intelligence responsibilities
and functions.
Definition of.................... PL 105-277 Sec 2222(e) 292
Denial of entry into United PL 107-228 Sec 232.... 171
States of nationals engaged in
coerced organ transplantation.
Training for..................... PL 105-277 Sec 2222(f) 292
Visa applications processing..... PL 107-228 Sec 233.... 171
Visa issuance training........... PL 107-173 Sec 305.... 1073
Consular posts. See Foreign
missions
Contracts
Debt collection authority........ PL 84-885 Sec 44(a)... 56
Defense Base Act of 1941 PL 84-885 Sec 16...... 25
application.
Discriminatory contracts PL 103-236 Sec 565.... 379
prohibition.
Expenses relating to PL 84-885 Sec 38(b)... 46
participation in arbitrations.
Secretary of State authority..... PL 84-885 Sec 9....... 22
State Department procurement of PL 84-885 Sec 14...... 24
property or services.
Twelve-month contract allocations PL 84-885 Sec 24(e)... 29
Convention on Cultural Property PL 97-446............. 1664
Implementation Act.
Agreements to implement article 9 PL 97-446 Sec 303..... 1665
of the Convention.
Cultural Property Advisory PL 97-446 Sec 306..... 1671
Committee.
Definitions...................... PL 97-446 Sec 302..... 1664
Designation of materials covered PL 97-446 Sec 305..... 1670
by agreements of emergency
actions.
Emergency implementation of PL 97-446 Sec 304..... 1669
import restrictions.
Enforcement...................... PL 97-446 Sec 314..... 1679
Evidentiary requirements......... PL 97-446 Sec 311..... 1677
Exempt material and articles..... PL 97-446 Sec 312..... 1678
Import restrictions.............. PL 97-446 Sec 307..... 1674
Regulations...................... PL 97-446 Sec 313..... 1679
Seizure and forfeiture........... PL 97-446 Sec 310..... 1676
Stolen cultural property......... PL 97-446 Sec 308..... 1676
Temporary disposition of PL 97-446 Sec 309..... 1676
materials and articles subject
to title.
Convention on International Trade
in Endangered Species of Wild
Fauna and Flora
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Coordination of United States EO 13055.............. 1551
Government International Exchanges
and Training Programs.
Definitions...................... EO 13055 Sec 2........ 1551
Interagency Working Group
Authorities.................... EO 13055 Sec 9........ 1552
Establishment of............... EO 13055 Sec 1........ 1551
Expenses....................... EO 13055 Sec 7........ 1552
Meeting schedule............... EO 13055 Sec 6........ 1552
Members of..................... EO 13055 Sec 3........ 1551
Reports........................ EO 13055 Sec 5........ 1552
Responsibilities............... EO 13055 Sec 4........ 1551
Statements of disagreement..... EO 13055 Sec 8........ 1552
Coordinator for Reconstruction and
Stabilization, Office of
Establishment of................. PL 108-447 Sec 408.... 691
Counterfeiting
Combatting international PL 104-132 Sec 807.... 1172
counterfeiting of United States
currency.
Counterintelligence
Capabilities study............... PL 102-138 Sec 193.... 431
Counterterrorism. See also 9/11
Commission recommendations;
Antiterrorism; Terrorism
Comprehensive coalition strategy. PL 108-458 Sec 7117... 108
Coordinator for Counterterrorism
Authority of................... PL 84-885 Sec 1(e).... 12
Counterterrorism Fund............ PL 107-56 Sec 101..... 1082
Counterterrorism Protection Fund PL 84-885 Sec 39...... 47
appropriations authorization.
Counterterrorist travel
intelligence
Enhancing classified efforts... PL 108-458 Sec 7201(e) 118
Findings....................... PL 108-458 Sec 7201(a) 113
Frontline technology and PL 108-458 Sec 7201(c) 116
training.
Strategy....................... PL 108-458 Sec 7201(b) 114
Training program............... PL 108-458 Sec 7201(d) 116
Secure Embassy Construction and PL 106-113............ 1151
Counterterrorism Act of 1999.
Africa, increased anti- PL 106-113 Sec 609.... 1158
terrorism training in.
Appropriations authorizations, PL 106-113 Sec 604.... 1152
2000 through 2004.
Findings....................... PL 106-113 Sec 602.... 1151
Obligations and expenditures... PL 106-113 Sec 605.... 1153
Overseas presence, report...... PL 106-113 Sec 607.... 1157
Security requirements for PL 106-113 Sec 606.... 1154
United States diplomatic
facilities.
United States diplomatic PL 106-113 Sec 603.... 1152
facility defined.
Credit reports, international...... PL 102-138 Sec 197.... 432
Crime control equipment
Suspension of export license PL 101-246 Sec 902.... 496
issuance to People's Republic of
China.
Crime prevention
State Department
International criminals PL 105-277 Sec 2214(b) 289
information system.
Overseas coordination of PL 105-277 Sec 2214(c) 289
programs, policy and
assistance.
Criminal investigative information
Authority to share............... PL 107-56 Sec 203..... 1083
Violent crimes abroad, provision PL 105-107 Sec 307.... 1159
of information to victims and
victims' families, sense of
Congress.
Cuba
Advisory Panel on Radio Marti and PL 103-121 Title V.... 1753
TV Marti, establishment of.
Broadcasting to
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 201.... 1477
1998 and 1999................ PL 105-277 Sec 2401... 1470
PL 105-277 Sec 2401... 1712
2000 and 2001................ PL 106-113 Sec 121.... 244
2003......................... PL 107-228 Sec 121.... 164
Countries aiding nuclear PL 105-277 Sec 2810... 312
development, limitation on
assistance.
Cuban political prisoners and
immigrants
Appropriations authorization... PL 100-202 Sec 101.... 1396
Processing political prisoners PL 100-202 Sec 702.... 1396
as refugees.
Cuban Refugee Adjustment Act of
1966
Adjustment of status........... PL 89-732............. 1400
Date of residence.............. PL 89-732 Sec 2....... 1401
No offset in number of visas PL 89-732 Sec 5....... 1401
available.
Drug trafficking, report......... PL 106-113 Sec 206.... 247
Cuba--Continued
Embargo against, sense of PL 103-236 Sec 526.... 368
Congress.
Emigration policies, reports..... PL 105-277 Sec 2245... 297
Human rights abuses, policy PL 101-246 Sec 1006... 502
regarding.
Human rights violations and PL 100-204 Sec 1211... 551
failure to be placed on United
Nations human rights agenda.
International Atomic Energy PL 105-277 Sec 2809... 311
Agency programs or projects.
Negotiations with................ PL 95-105 Sec 511..... 653
Nicaraguan Adjustment and Central PL 105-100............ 1389
American Relief Act.
Adjustment of status........... PL 105-100 Sec 202.... 1389
Payment of certain anti-terrorism PL 106-386 Sec 2002... 1148
judgments.
Presence in Africa............... PL 95-426 Sec 613..... 642
Processing Cuban nationals for PL 100-204 Sec 903.... 544
admission to the United States.
Radio broadcasting to
Appropriations authorization
1982 and 1983................ PL 98-164 Sec 404..... 1728
1986 and 1987................ PL 99-93 Sec 203...... 1520
1988 and 1989................ PL 100-204 Sec 401.... 1515
1990 and 1991................ PL 101-246 Sec 231.... 1507
Radio Broadcasting to Cuba Act... PL 98-111............. 1745
Advisory Board for Cuba PL 98-111 Sec 5....... 1748
Broadcasting.
Appropriations authorization... PL 98-111 Sec 8....... 1751
Assistance from other PL 98-111 Sec 6....... 1749
government agencies.
Broadcasting Board of Governors PL 98-111 Sec 3....... 1746
functions.
Cuba Service of the PL 98-111 Sec 4....... 1748
International Broadcasting
Bureau.
Facility compensation.......... PL 98-111 Sec 7....... 1750
Findings and purposes.......... PL 98-111 Sec 2....... 1746
Refugee assistance............... EO 12341.............. 1402
Refugee Education Assistance Act
of 1980
Authorities for programs and PL 96-422 Sec 501..... 1398
activities.
Refugees and entrants, costs to PL 97-241 Sec 502..... 617
assist, report.
Television Broadcasting to Cuba PL 101-246............ 1737
Act.
Appropriations authorization... PL 101-246 Sec 247.... 1742
Assistance from other PL 101-246 Sec 246.... 1741
government agencies.
Definitions.................... PL 101-246 Sec 248.... 1743
Findings and purposes.......... PL 101-246 Sec 242.... 1738
Frequency assignment........... PL 101-246 Sec 243(d). 1739
Functions...................... PL 101-246 Sec 243(a). 1739
Interference with domestic PL 101-246 Sec 243(e). 1739
broadcasting.
Monitoring of interference..... PL 101-246 Sec 243(f). 1740
Radio Broadcasting to Cuba Act PL 101-246 Sec 245.... 1741
amendments.
Task force..................... PL 101-246 Sec 243(g). 1740
Television Marti service....... PL 101-246 Sec 244.... 1740
PL 101-246 Sec 243(c). 1739
Voice of America standards..... PL 101-246 Sec 243(b). 1739
Withdrawal of troops from PL 101-246 Sec 417.... 483
Southern Africa, assurances of.
Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996
Reporting requirements........... PL 105-277 Sec 2802... 306
Cultural diplomacy
Advisory Committee
Administrative support......... PL 107-228 Sec 224(f). 169
Cultural diplomacy--Continued
Advisory Committee--Continued
Administrative support--
Continued
PL 107-228 Sec 224(f). 1459
Appointments................... PL 107-228 Sec 224(c). 169
PL 107-228 Sec 224(c). 1459
Appropriations authorization, PL 107-228 Sec 224(i). 169
2003.
PL 107-228 Sec 224(i). 1460
Compensation................... PL 107-228 Sec 224(g). 169
PL 107-228 Sec 224(g). 1459
Duties......................... PL 107-228 Sec 224(b). 168
PL 107-228 Sec 224(b). 1459
Establishment of............... PL 107-228 Sec 224(a). 168
PL 107-228 Sec 224(a). 1459
Exemption from Federal Advisory PL 107-228 Sec 224(h). 169
Committee Act.
PL 107-228 Sec 224(h). 1459
Meetings....................... PL 107-228 Sec 224(e). 169
PL 107-228 Sec 224(e). 1459
Termination.................... PL 107-228 Sec 224(j). 169
PL 107-228 Sec 224(j). 1460
Vacancies...................... PL 107-228 Sec 224(d). 169
PL 107-228 Sec 224(d). 1459
Cultural programs. See also Bureau
of Educational and Cultural
Affairs
Appropriations authorization, PL 99-93 Sec 204...... 1520
1986 and 1987.
Arts America Program
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Burma
Appropriations authorization
1996......................... PL 104-319 Sec 103.... 1474
1998 and 1999................ PL 105-277 Sec 2415... 1471
2000......................... PL 106-113 Sec 401.... 1462
Center for Cultural and Technical PL 86-472............. 1649
Interchange between East and
West Act of 1960.
Appropriations authorization... PL 86-472 Sec 705..... 1650
Purpose........................ PL 86-472 Sec 702..... 1649
Secretary of State authority... PL 86-472 Sec 703..... 1649
PL 86-472 Sec 704..... 1650
Congress-Bundestag Exchange
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Cultural Property Advisory PL 100-204 Sec 307.... 1515
Committee.
East-West Center
Appropriations authorization, PL 109-108 Title IV... 677
2006.
PL 109-108 Title IV... 1542
Exchange programs
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 206..... 1525
1992 and 1993................ PL 102-138 Sec 201.... 1489
1994 and 1995................ PL 103-236 Sec 201.... 1476
1996......................... PL 104-319 Sec 102.... 1473
1998 and 1999................ PL 105-277 Sec 2401... 1468
PL 105-277 Sec 2401... 1711
2000 and 2001................ PL 106-113 Sec 104.... 234
2003......................... PL 107-228 Sec 112.... 158
2006......................... PL 109-108 Sec 408.... 679
PL 109-108 Title IV... 673
PL 109-108 Title IV... 1541
Islamic world, expansion of PL 108-458 Sec 7112... 104
United States programs in.
FREEDOM Support Act exchange and PL 102-511 Sec 807.... 1627
training programs.
Fulbright-Hays Act of 1961....... PL 87-256............. 1557
Cultural programs--Continued
Fulbright-Hays Act of 1961--
Continued
Administration of.............. EO 11034.............. 1589
Authority delegation......... EO 11034 Sec 5........ 1591
Definition................... EO 11034 Sec 9........ 1593
Department of Commerce EO 11034 Sec 3........ 1590
functions.
Department of Education EO 11034 Sec 4........ 1591
functions.
Department of State functions EO 11034 Sec 1........ 1589
Policy guidance.............. EO 11034 Sec 6........ 1591
Presidential functions....... EO 11034 Sec 7........ 1591
Prior directives and actions. EO 11034 Sec 11....... 1593
References to orders and Acts EO 11034 Sec 10....... 1593
United States Information EO 11034 Sec 2........ 1590
Agency functions.
Waivers...................... EO 11034 Sec 8........ 1592
Agreements with foreign PL 87-256 Sec 103..... 1561
governments and international
organizations.
Appropriations authorization... PL 87-256 Sec 105..... 1565
Authorizations................. PL 87-256 Sec 102..... 1558
PL 87-256 Sec 108..... 1568
Bureau of Educational and PL 87-256 Sec 112..... 1570
Cultural Affairs.
Delegation of powers........... PL 87-256 Sec 104..... 1562
Exchanges between United States PL 87-256 Sec 113..... 1575
and the Independent States of
the Former Soviet Union.
Federal employee acceptance of PL 87-256 Sec 108A.... 1569
grants and assistance.
J. William Fulbright Foreign PL 87-256 Sec 106..... 1566
Scholarship Board.
Reports........................ PL 87-256 Sec 107..... 1568
Statement of purpose........... PL 87-256 Sec 101..... 1558
Working Group on United States PL 87-256 Sec 112(g).. 1573
Government Sponsored
International Exchanges and
Training.
International Communication
Agency
Expanded exchange activities... PL 95-426 Sec 203..... 1535
International exchanges and PL 97-241 Sec 305..... 1529
national security.
International Visitors Program
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Irish Peace Process Cultural and PL 105-319............ 1376
Training Program Act of 1998.
PL 105-319............ 1602
Appropriations authorization... PL 105-319 Sec 2(d)... 1378
PL 105-319 Sec 2(d)... 1603
Cost-sharing................... PL 105-319 Sec 2(c)... 1378
PL 105-319 Sec 2(c)... 1603
Purpose........................ PL 105-319 Sec 2(a)... 1376
PL 105-319 Sec 2(a)... 1602
Sunset......................... PL 105-319 Sec 2(e)... 1378
PL 105-319 Sec 2(e)... 1603
Temporary nonimmigrant visa.... PL 105-319 Sec 2(b)... 1377
Joint funds under agreements for PL 106-113 Sec 210.... 249
cooperation.
National Commission on
Educational, Scientific, and
Cultural Cooperation
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 106..... 594
1986 and 1987................ PL 99-93 Sec 105...... 571
Pan American Games exchange
activities
Appropriations authorization, PL 99-93 Sec 206...... 1520
1986 and 1987.
Cultural programs--Continued
Philippines
Constitutional democracy PL 100-204 Sec 304.... 1514
professorship.
Samantha Smith Memorial Exchange PL 100-204 Sec 302.... 1514
Program.
Seattle Goodwill Games Organizing
Committee for Cultural Exchange
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Soviet Union-United States
exchanges
Appropriations authorization, PL 100-204 Sec 301(b). 1514
1988 and 1989.
Tibet
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 236.... 1481
1996......................... PL 104-319 Sec 103.... 1474
1998 and 1999................ PL 105-277 Sec 2415... 1471
2000......................... PL 106-113 Sec 401.... 1462
United Nations Educational, PL 102-138 Sec 170.... 427
Scientific and Cultural
Organization, report.
United States Advisory Commission
on International Communication,
Cultural and Educational Affairs
Establishment of............... RP 77-2 Sec 8......... 1548
United States-Germany teenage
exchange
Appropriations authorization, PL 98-164 Sec 211..... 1527
1984 and 1985.
United States-India Fund for PL 98-164............. 1644
Cultural, Educational, and
Scientific Cooperation Act.
Allocation of rupees for EO 12517 Sec 2........ 1646
investment to generate
earnings.
Fund establishment............. PL 98-164 Sec 902..... 1644
Secretary of State functions... EO 12517 Sec 1........ 1646
Use of United States owned PL 98-164 Sec 903..... 1645
rupees to capitalize Fund.
United States participation in PL 98-164 Sec 212..... 1527
Tsukuba, Japan Exposition 1985.
USIA Cultural Center in Kosovo... PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Cultural property
Convention on Cultural Property PL 97-446............. 1664
Implementation Act.
Agreements to implement article PL 97-446 Sec 303..... 1665
9 of the Convention.
Cultural Property Advisory PL 97-446 Sec 306..... 1671
Committee.
Definitions.................... PL 97-446 Sec 302..... 1664
Designation of materials PL 97-446 Sec 305..... 1670
covered by agreements of
emergency actions.
Emergency implementation of PL 97-446 Sec 304..... 1669
import restrictions.
Enforcement.................... PL 97-446 Sec 314..... 1679
Evidentiary requirements....... PL 97-446 Sec 311..... 1677
Exempt material and articles... PL 97-446 Sec 312..... 1678
Import restrictions............ PL 97-446 Sec 307..... 1674
Regulations.................... PL 97-446 Sec 313..... 1679
Seizure and forfeiture......... PL 97-446 Sec 310..... 1676
Stolen cultural property....... PL 97-446 Sec 308..... 1676
Temporary disposition of PL 97-446 Sec 309..... 1676
materials and articles subject
to title.
Exemption from judicial seizure PL 89-259............. 1661
of cultural objects imported for
temporary exhibition
Imported objects of cultural EO 12047.............. 1662
significance
Customs and Trade Act of 1990...... PL 101-382............ 1605
Customs and Trade Act of 1990--
Continued
Caribbean and Central America
scholarship assistance,
cooperative public and private
sector program
Agreement with States.......... PL 101-382 Sec 231(d). 1606
Definitions.................... PL 101-382 Sec 231(j). 1606
Establishment of............... PL 101-382 Sec 231(b). 1606
Federal share.................. PL 101-382 Sec 231(e). 1606
Forgiveness of................. PL 101-382 Sec 231(g). 1606
Funding........................ PL 101-382 Sec 231(i). 1606
Grants to States............... PL 101-382 Sec 231(c). 1606
Non-Federal share.............. PL 101-382 Sec 231(f). 1606
Private sector................. PL 101-382 Sec 231(h). 1606
Statement of purpose........... PL 101-382 Sec 231(a). 1605
D
Dante B. Fascell North-South Center
Appropriations authorization
2000 and 2001.................. PL 106-113 Sec 104.... 236
2003........................... PL 107-228 Sec 112.... 160
Dante B. Fascell North-South Center
Act of 1991
Center for Cultural and Technical
Interchange Between North and
South
Purpose........................ PL 102-138 Sec 208(b). 1647
Deaths, citizens abroad
Records of....................... PL 84-885 Sec 57...... 63
State Department procedures...... PL 84-885 Sec 43A..... 52
Debt collection
Secretary of State authority..... PL 84-885 Sec 44...... 56
Decorations. See Foreign gifts and
decorations
Defense, Department of
Intelligence activities
Duties and responsibilities.... EO 12333 Sec 1.11..... 967
Personnel matters
Restoration of withheld PL 103-236 Sec 182.... 342
benefits.
Defense allies
Support of....................... PL 100-204 Sec 1254... 565
Defense articles. See also Arms
control
Bosnia-Herzegovina
Arms embargo termination policy PL 103-236 Sec 520.... 364
Prohibition on certain sales and PL 103-236 Sec 564.... 378
leases.
Transfer of obsolete or surplus PL 103-236 Sec 509.... 358
articles to Republic of Korea.
Transparency in armaments policy. PL 103-236 Sec 504.... 356
Defense Base Act of 1941
State Department contract PL 84-885 Sec 16...... 25
application.
Defense Intelligence Agency
Responsibilities of.............. EO 12333 Sec 1.12(a).. 968
Defense Trade Controls, Office of
Registration fees................ PL 84-885 Sec 45...... 56
Democracy
Association of Democratic Nations PL 101-246 Sec 1005... 501
Center for Asian Democracy
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Educational and cultural exchange
programs
Funds appropriations, 2006..... PL 109-108 Sec 408.... 679
Effectiveness study.............. PL 103-236 Sec 534.... 375
Federal Republic of Yugoslavia
Waiver of sanctions to promote PL 103-236 Sec 532.... 374
democracy.
Iraq............................. PL 105-277 Sec 2812... 313
Democracy--Continued
National Endowment for Democracy
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 205..... 1524
1988 and 1989................ PL 100-204 Sec 210.... 1511
1990 and 1991................ PL 101-246 Sec 201.... 1502
2000 and 2001................ PL 106-113 Sec 104.... 235
2003......................... PL 107-228 Sec 112.... 159
2006......................... PL 109-108 Title IV... 677
PL 109-108 Title IV... 1542
Establishment of free media PL 108-458 Sec 7108(c) 100
network.
Government Accountability PL 101-246 Sec 212.... 1504
Office study.
National Endowment for Democracy PL 98-164............. 1615
Act.
Eligibility of Endowment for PL 98-164 Sec 504..... 1618
grants.
Findings and purposes.......... PL 98-164 Sec 502..... 1616
Freedom of information......... PL 98-164 Sec 506..... 1620
Grants......................... PL 98-164 Sec 503..... 1617
Requirements relating to PL 98-164 Sec 505..... 1620
Endowment and grantees.
Poland, assistance in support of. PL 100-204 Sec 1207... 551
Promotion at international PL 108-458 Sec 7111... 102
organizations.
Reagan-Fascell Democracy Fellows
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 236
2003......................... PL 107-228 Sec 112.... 159
Republic of Serbia
Development of, sense of PL 105-277 Sec 2813... 314
Congress.
Spanish.......................... PL 95-426 Sec 605..... 638
Support for new democracies, PL 102-138 Sec 360.... 443
sense of Congress.
Taiwan........................... PL 99-93 Sec 806...... 585
PL 100-204 Sec 1246... 564
Democracy, Human Rights, and Labor,
Bureau of
Appropriations authorization
2000 and 2001.................. PL 106-113 Sec 101.... 229
2003........................... PL 107-228 Sec 111.... 156
Assistant Secretary of........... PL 84-885 Sec 1(c).... 11
Denmark
Former nationals acquiring 22 CFR 51.51.......... 1237
nationality or citizenship by
act of Congress or treaty.
Department of State and Related PL 103-317............ 701
Agency Appropriations Act, FY 1995.
Department of State and Related PL 105-277............ 696
Agency Appropriations Act, FY 1999.
Department of State and Related PL 108-7.............. 695
Agency Appropriations Act, FY 2003.
Department of State and Related PL 108-9.............. 693
Agency Appropriations Act, FY 2004.
Department of State and Related PL 108-447............ 691
Agency Appropriations Act, FY 2005.
Department of State and Related PL 109-108............ 671
Agency Appropriations Act, FY 2006.
Department of State.............. PL 109-108 Title IV... 671
General provisions............... PL 109-108 Title VI... 682
Related agencies................. PL 109-108 Title V.... 681
Department of State Appropriations PL 100-202............ 704
Act, FY 1988.
Department of State Appropriations PL 93-126............. 664
Authorization Act, FY 1973.
Department of State Authorization PL 96-60.............. 619
Act, FY 1980 and 1981.
Department of State Authorization PL 97-241............. 609
Act, FY 1982 and 1983.
Department of State Authorization PL 98-164............. 591
Act, FY 1984 and 1985.
Department of State Authorization
Act, FY 2003
Appropriations authorization..... PL 107-228 Title I.... 155
Departments of Commerce, Justice, PL 108-9.............. 693
and State, the Judiciary, and
Related Agencies Appropriations
Act, FY 2004.
Deputy Secretaries of State
Appointment of................... PL 84-885 Sec 1(a).... 8
Developing countries
United States Scholarship Program PL 99-93.............. 1608
for Developing Countries
Authorization, FY 1986 and 1987.
Authority to enter into PL 99-93 Sec 605...... 1611
agreements.
Board of Foreign Scholarships.. PL 99-93 Sec 608...... 1612
Congressional Budget Act PL 99-93 Sec 615...... 1614
compliance.
Counseling services............ PL 99-93 Sec 607...... 1612
Findings and declarations of PL 99-93 Sec 602...... 1608
policy.
Funding........................ PL 99-93 Sec 612...... 1613
General authorities............ PL 99-93 Sec 609...... 1612
Guidelines..................... PL 99-93 Sec 604...... 1610
International educational PL 99-93 Sec 606...... 1611
programs policy.
Latin American exchanges....... PL 99-93 Sec 613...... 1613
Scholarship program authority.. PL 99-93 Sec 603...... 1609
Statement of purpose........... PL 99-93 Sec 601...... 1608
Textbooks and teaching PL 99-93 Sec 610...... 1613
materials.
Training programs in Hispanic PL 99-93 Sec 614...... 1614
populations.
Dictatorships
United States policy toward, PL 108-458 Sec 7107... 98
sense of Congress.
Diplomacy. See also Public
diplomacy
Center for the Study of the
Presidency
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Conduct of diplomatic relations.. PL 95-426 Sec 607..... 639
Declaration of policy............ PL 95-426 Sec 502..... 633
Findings......................... PL 95-426 Sec 501..... 633
International information
programs
Appropriations authorization PL 109-108 Title IV... 671
limitations, 2006.
Multilateral diplomacy training.. PL 108-458 Sec 7111(c) 103
Operation Smile
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Presidential responsibilities.... PL 95-426 Sec 503..... 634
Secretary of State PL 95-426 Sec 504..... 635
responsibilities.
United States recognition of S Res 205............. 1421
foreign governments.
Diplomatic and Consular Service
Advisory Panel on Security of PL 98-533 Sec 301..... 1196
United States Missions Abroad.
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 101(a). 506
1990 and 1991.................. PL 101-246 Sec 101.... 455
1992 and 1993.................. PL 102-138 Sec 101.... 406
1994 and 1995.................. PL 103-236 Sec 101.... 322
1998 and 1999.................. PL 105-277 Sec 2101... 278
2000 and 2001.................. PL 106-113 Sec 101.... 227
2003........................... PL 107-228 Sec 111.... 155
2006........................... PL 109-108 Title IV... 671
PL 109-148 Title II... 687
Appropriations authorization PL 103-236 Sec 101.... 325
limitations, 1994 and 1995.
Appropriations authorization PL 102-138 Sec 101.... 409
limitations, 1992 and 1993.
Diplomatic and Consular Service--
Continued
Biometric system, feasibility PL 107-56 Sec 1008.... 1098
study on use of.
Bratislava
United States consulate in..... PL 101-246 Sec 124.... 461
Canada
United States Embassy in....... PL 101-246 Sec 125.... 461
Center for Asian Democracy
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Center for the Study of the
Presidency
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Chief of the United States
Diplomatic Mission
Coordination procedures........ EO 10338 Sec 4........ 908
Effect of order on United EO 10338 Sec 3........ 908
States representatives.
Functions of................... EO 10338 Sec 1........ 907
Prior orders................... EO 10338 Sec 5........ 908
Referral of unresolved matters. EO 10338 Sec 2........ 908
Closing of....................... PL 84-885 Sec 48...... 58
PL 96-60 Sec 108...... 622
Commercial service fees.......... PL 84-885 Sec 52...... 60
Commissions...................... PL 96-465 Sec 312..... 730
Communist countries
Prohibition on employment...... PL 100-204 Sec 157.... 524
Construction security PL 100-204 Sec 160.... 525
certification.
Construction security needs study PL 102-138 Sec 136.... 421
Consulate shopping prevention.... PL 107-56 Sec 418..... 1097
Crisis management training....... PL 106-113 Sec 606.... 1156
Danger pay....................... PL 98-533 Sec 304..... 1196
Danger pay allowance............. PL 109-140 Sec 4...... 871
Diplomatic and official passports PL 95-426 Sec 125..... 631
Diplomatic facility construction PL 109-108 Sec 416.... 680
funding.
Diplomatic relations with the PL 98-164 Sec 134..... 601
Vatican.
Diplomatic security
Accountability review boards
Convening.................... PL 99-399 Sec 301..... 1110
Facilities, services, PL 99-399 Sec 302(b).. 1112
supplies and staff.
Findings and recommendations. PL 99-399 Sec 304..... 1114
Membership................... PL 99-399 Sec 302(a).. 1112
Procedures................... PL 99-399 Sec 303..... 1112
Relation to other proceedings PL 99-399 Sec 305..... 1115
Contracting authority.......... PL 99-399 Sec 206..... 1109
Cooperation of other Federal PL 99-399 Sec 106..... 1107
agencies.
Findings and purposes.......... PL 99-399 Sec 102..... 1104
Protection of foreign PL 99-399 Sec 107..... 1108
consulates.
Secretary of State PL 99-399 Sec 103..... 1104
responsibilities.
Special agents................. PL 99-399 Sec 203..... 1108
Training....................... PL 106-113 Sec 606.... 1156
Diplomatic Security Program
Advisory Panel on Overseas PL 99-399 Sec 407..... 1120
Security.
Authorization.................. PL 99-399 Sec 401..... 1115
Contracting efficiency......... PL 99-399 Sec 406..... 1119
Cost overruns.................. PL 99-399 Sec 405..... 1119
Department of State Inspector PL 99-399 Sec 413..... 1121
General.
Diplomatic construction program PL 99-399 Sec 402..... 1117
Facility in Israel, Jerusalem, PL 99-399 Sec 414..... 1121
or the West Bank, prohibition
on use of funds.
Maintenance and repair of PL 99-399 Sec 415..... 1122
facilities abroad, use of
cleared personnel.
Perimeter security training for PL 99-399 Sec 408..... 1120
diplomatic missions abroad.
Diplomatic and Consular Service--
Continued
Diplomatic Security Program--
Continued
Protective functions........... PL 99-399 Sec 410..... 1120
Public entrance protection for PL 99-399 Sec 409..... 1120
diplomatic missions abroad.
Qualifications of persons hired PL 99-399 Sec 404..... 1119
for diplomatic construction
program.
Reimbursement of Department of PL 99-399 Sec 411..... 1120
the Treasury for Secret
Service expenses.
Security requirements for PL 99-399 Sec 403..... 1119
contractors.
United States Information PL 99-399 Sec 412..... 1120
Agency Inspector General,
appropriations for.
Diplomatic Security Service
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(b). 506
1990 and 1991................ PL 101-246 Sec 101(b). 456
Contracts...................... PL 101-246 Sec 136.... 465
Counterintelligence polygraph PL 100-204 Sec 163.... 526
screening of personnel.
Director of.................... PL 99-399 Sec 202..... 1108
Personnel...................... PL 99-399 Sec 201..... 1108
Diplomatic Security Service PL 102-138 Sec 134.... 420
Special Agents, report.
Diplomatic security training..... PL 106-113 Sec 606.... 1156
Drug Enforcement Administration, PL 100-204 Sec 801.... 542
assignment of agents abroad.
Emergency Action Plan............ PL 106-113 Sec 606.... 1154
Emergency expenditures
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(a). 506
1990 and 1991................ PL 101-246 Sec 101(a). 455
1991......................... PL 102-20 Sec 3....... 452
1992 and 1993................ PL 102-138 Sec 101.... 407
1994 and 1995................ PL 103-236 Sec 101.... 324
1998 and 1999................ PL 105-277 Sec 2101... 279
2000 and 2001................ PL 106-113 Sec 101.... 229
2003......................... PL 107-228 Sec 111.... 157
2006......................... PL 109-108 Title IV... 673
PL 109-148 Title II... 688
Appropriations authorization
limitations
1992 and 1993................ PL 102-138 Sec 101(c). 408
2006......................... PL 109-108 Title IV... 671
Expenditures made from PL 100-204 Sec 124.... 512
appropriation, report.
Secretary of State authority... PL 84-885 Sec 4....... 18
Emergency telephone service in PL 99-93 Sec 139...... 578
offices, sense of Congress.
Enforcement of Case-Zablocki Act PL 100-204 Sec 139.... 516
requirements.
Equal access to missions for PL 105-292 Sec 107.... 1273
conducting religious activities.
Extradition of drug traffickers, PL 100-204 Sec 803.... 542
priority in major illicit drug
producing or transit countries.
Foreign Emergency Support Team... PL 106-113 Sec 606.... 1156
Foreign gifts.................... PL 95-105 Sec 515..... 654
Foreign language competence
Strengthening skills of PL 99-399 Sec 1305.... 1144
personnel, sense of Congress.
Foreign missions
Appropriations authorization PL 102-138 Sec 101.... 409
limitations, 1992 and 1993.
Diplomatic and Consular Service--
Continued
Foreign missions--Continued
Funding rescission, 2006....... PL 109-148 Title III.. 689
Foreign national employees
Report on...................... PL 100-204 Sec 159.... 525
Termination of retirement PL 100-204 Sec 158.... 525
benefits.
Foreign nationals, report on PL 100-204 Sec 159.... 525
employment of.
FREEDOM Support Act
New diplomatic posts in the PL 102-511 Sec 802.... 1626
Independent States of the
Former Soviet Union.
Positions at United States PL 102-511 Sec 802.... 1626
missions.
Funding rescission, 2006......... PL 109-148 Title III.. 688
PL 109-148 Title III.. 689
Funds allocation................. PL 84-885 Sec 24(d)... 29
Gifts to foreign persons......... PL 84-885 Sec 20...... 25
Hungary
Embassy in..................... PL 100-204 Sec 164.... 526
Improvement of facilities in PL 98-164 Sec 103..... 593
Mexico City.
Insurers of diplomatic agents, PL 100-204 Sec 138.... 516
Federal jurisdiction of direct
actions against.
Integrated Automated Fingerprint PL 107-56 Sec 405..... 1095
Identification System, report.
International Center Act......... PL 90-553............. 1314
Appropriations authorization... PL 90-553 Sec 5....... 1316
Authorizations................. PL 90-553............. 1314
PL 90-553 Sec 2....... 1315
Construction authorizations.... PL 90-553 Sec 4....... 1315
National Capital Planning PL 90-553 Sec 3....... 1315
Commission approval.
Jerusalem Embassy Act of 1995.... PL 104-45............. 1310
Appropriations authorization, PL 104-45 Sec 4....... 1312
1996 and 1997.
Definition..................... PL 104-45 Sec 8....... 1313
Findings....................... PL 104-45 Sec 2....... 1310
Presidential waiver............ PL 104-45 Sec 7....... 1312
Report on implementation....... PL 104-45 Sec 5....... 1312
Semiannual reports............. PL 104-45 Sec 6....... 1312
Timetable...................... PL 104-45 Sec 3....... 1311
Mexico
Reciprocal diplomatic status PL 102-138 Sec 351.... 439
with, sense of Congress.
Moscow Embassy
Construction appropriations PL 102-138 Sec 101.... 408
authorization.
Extraordinary security PL 102-138 Sec 132.... 420
safeguards for construction of.
Multiyear contracting for PL 102-138 Sec 116.... 415
construction.
Omnibus Diplomatic Security and PL 99-399............. 1101
Antiterrorism Act of 1986.
Operation Smile
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Overseas property maintenance PL 102-138 Sec 125.... 416
management.
Payment to Lady Catherine Helen PL 94-350 Sec 108..... 657
Shaw.
Personnel hiring and training
Appropriations authorization... PL 107-173 Sec 101(d). 1064
Personnel security program for PL 100-204 Sec 155.... 523
embassies in high intelligence
threat countries.
Post differentials allowance..... PL 109-140 Sec 4...... 871
Postal arrangements, PL 101-524 Sec 407.... 900
international.
Postal services at diplomatic PL 101-524 Sec 413.... 901
posts.
Diplomatic and Consular Service--
Continued
Prohibition on employment at PL 100-204 Sec 157.... 524
United States consular missions
in Communist countries.
Prohibition on use of funds in PL 100-204 Sec 130.... 513
Israel, Jerusalem, or the West
Bank.
Public diplomacy efforts, PL 100-204 Sec 141.... 521
restriction on use of funds.
Religious freedom programs and PL 105-292 Sec 106.... 1272
allocations of funds, sense of
Congress.
Reopening certain consulates..... PL 97-241 Sec 103..... 611
Reopening of consulate at PL 94-141 Sec 105..... 660
Gothenburg, Sweden.
Residences, purchasing and PL 100-204 Sec 131.... 513
leasing.
Responsibility to provide freedom PL 99-93 Sec 138...... 578
of the press abroad.
Responsibility to provide support PL 99-93 Sec 137...... 577
for United States businesses.
Secure Embassy Construction and PL 106-113............ 1151
Counterterrorism Act of 1999.
Africa, increased anti- PL 106-113 Sec 609.... 1158
terrorism training in.
Appropriations authorizations, PL 106-113 Sec 604.... 1152
2000 through 2004.
Findings....................... PL 106-113 Sec 602.... 1151
Obligations and expenditures... PL 106-113 Sec 605.... 1153
Overseas presence, report...... PL 106-113 Sec 607.... 1157
Security requirements for PL 106-113 Sec 606.... 1154
United States diplomatic
facilities.
United States diplomatic PL 106-113 Sec 603.... 1152
facility defined.
Security, construction and
maintenance
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2101... 279
2000 and 2001................ PL 106-113 Sec 101.... 229
2003......................... PL 107-228 Sec 111.... 156
Security enhancement............. PL 98-533 Sec 302..... 1196
Security program
Appropriations authorization
1992 and 1993................ PL 102-138 Sec 101.... 408
2006......................... PL 109-108 Title IV... 673
Funding rescission, 2006....... PL 109-148 Title III.. 689
Shared costs, allocation of...... PL 100-204 Sec 129.... 512
Solar energy demonstration....... PL 95-426 Sec 105..... 628
Soviet employees at United States PL 99-93 Sec 137...... 577
missions in Soviet Union.
Staff element review............. PL 108-447 Sec 409.... 692
Surcharges for enhanced border PL 108-447 Title IV... 691
security.
Temporary service at United PL 99-399 Sec 1002.... 1622
States missions abroad, program
for.
Termination of appointments of PL 96-465 Sec 613..... 752
consular agents.
Terrorism, annual country reports PL 100-204 Sec 140.... 516
on.
Terrorist lookout committees..... PL 107-173 Sec 304.... 1072
Training authorities............. PL 96-465 Sec 704(d).. 757
United States Information and PL 80-402 Sec 812..... 1452
Educational Exchange Act of 1948
funds authorization.
United States Mission to the PL 101-246 Sec 1002... 500
European Community.
Vietnam
Funding restrictions for post PL 105-277 Sec 609.... 698
in Socialist Republic of
Vietnam.
Diplomatic immunity
Reports.......................... PL 84-885 Sec 56(a)... 61
Diplomatic immunity--Continued
Reports--Continued
PL 84-885 Sec 204B(a). 71
Study and report................. PL 100-204 Sec 137.... 514
United States policy concerning PL 84-885 Sec 56(b)... 62
reform of.
PL 84-885 Sec 204B(b). 72
Use for terrorism purposes....... PL 99-399 Sec 704..... 1125
Diplomatic missions. See Foreign
missions
Diplomatic reception rooms
Fees for use of.................. PL 84-885 Sec 54...... 61
Diplomatic security officers
Availability pay for criminal PL 105-277 Sec 2316... 299
investigators.
Qualifications of................ PL 84-885 Sec 1(g).... 15
Diplomatic Security Service
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 101(b). 506
1990 and 1991.................. PL 101-246 Sec 101(b). 456
Contracts........................ PL 101-246 Sec 136.... 465
Counterintelligence polygraph PL 100-204 Sec 163.... 526
screening of personnel.
Director of...................... PL 99-399 Sec 202..... 1108
Personnel........................ PL 99-399 Sec 201..... 1108
Diplomatic Telecommunications
Service
Consolidation pilot program...... PL 103-317 Sec 507(c). 703
Financial management............. PL 103-317 Sec 507(a). 701
Planning report.................. PL 103-317 Sec 507(d). 703
Policy Board..................... PL 103-317 Sec 507(b). 702
Program office reform............ PL 106-113 Sec 305.... 256
Diplomats
Crimes committed by
Reports........................ PL 84-885 Sec 56(a)... 61
PL 84-885 Sec 204B(a). 71
United States policy concerning PL 84-885 Sec 56(b)... 62
diplomatic immunity reform.
PL 84-885 Sec 204B(b). 72
Insurance........................ PL 100-204 Sec 137.... 514
PL 100-204 Sec 138.... 516
Director General of the Foreign
Service
Responsibilities of.............. PL 96-465 Sec 208..... 718
Disability
Disabled veterans
Foreign Service appointments... PL 96-465 Sec 301(c).. 724
Foreign Service Retirement and
Disability System
Administration................. PL 96-465 Sec 801..... 760
Annuitant, defined............. PL 96-465 Sec 804..... 761
Annuities
Computation of............... PL 96-465 Sec 806..... 770
Cost-of-living adjustments... PL 96-465 Sec 826..... 801
Annuity, payment of............ PL 96-465 Sec 807..... 778
Annuity adjustment for recall PL 96-465 Sec 823..... 798
service.
Appropriations, estimate of.... PL 96-465 Sec 818..... 796
Assignment and attachment of PL 96-465 Sec 820..... 796
moneys.
Benefits, payment of........... PL 96-465 Sec 821..... 797
Child, defined................. PL 96-465 Sec 804..... 761
Compatibility with Civil PL 96-465 Sec 827..... 803
Service system.
Court, defined................. PL 96-465 Sec 804..... 762
Court order, defined........... PL 96-465 Sec 804..... 762
Creditable service............. PL 96-465 Sec 816..... 791
Death in service............... PL 96-465 Sec 809..... 782
Definitions.................... PL 96-465 Sec 804..... 761
Discontinued service retirement PL 96-465 Sec 810..... 783
Disability--Continued
Foreign Service Retirement and
Disability System--Continued
Extra credit for service at PL 96-465 Sec 817..... 795
unhealthful posts.
Foreign Service normal cost, PL 96-465 Sec 804..... 762
defined.
Former spouses
Benefits for................. PL 96-465 Sec 830..... 805
PL 96-465 Sec 831..... 807
PL 96-465 Sec 832..... 810
Defined...................... PL 96-465 Sec 804..... 762
Entitlement to annuity....... PL 96-465 Sec 814..... 785
Health benefits.............. PL 96-465 Sec 832..... 811
PL 96-465 Sec 833..... 812
Fund
Balance, defined............. PL 96-465 Sec 804..... 762
Contributions to............. PL 96-465 Sec 805..... 765
Investment of................ PL 96-465 Sec 819..... 796
Maintenance of............... PL 96-465 Sec 802..... 760
Lump-sum credit, defined....... PL 96-465 Sec 804..... 762
Lump-sum payments.............. PL 96-465 Sec 815..... 789
Military and naval service, PL 96-465 Sec 804..... 763
defined.
Participants................... PL 96-465 Sec 803..... 761
Pro rata share, defined........ PL 96-465 Sec 804..... 763
Qualified former wives and PL 96-465 Sec 830..... 804
husbands.
Reassignment and retirement of PL 96-465 Sec 813..... 785
former Presidential appointees.
Reemployment................... PL 96-465 Sec 824..... 799
Remarriage, effect on benefits. PL 96-465 Sec 828..... 804
Retirement, mandatory.......... PL 96-465 Sec 812..... 784
Retirement for disability or PL 96-465 Sec 808..... 779
incapacity.
Secretary of State information EO 12293 Sec 7........ 910
requests.
Special agent, defined......... PL 96-465 Sec 804..... 764
Spousal agreement, defined..... PL 96-465 Sec 804..... 763
Student, defined............... PL 96-465 Sec 804..... 763
Surviving spouse, defined...... PL 96-465 Sec 804..... 763
Thrift savings fund PL 96-465 Sec 829..... 804
participation.
Unfunded liability
Defined...................... PL 96-465 Sec 804..... 764
Obligations.................. PL 96-465 Sec 822..... 798
Voluntary contributions........ PL 96-465 Sec 825..... 800
Voluntary retirement........... PL 96-465 Sec 811..... 783
Former spouses, benefits for..... PL 96-465 Sec 2109.... 867
International games for the
handicapped
Appropriations authorization, PL 99-93 Sec 207...... 1520
1986 and 1987.
USIA international exchange
programs
Appropriations authorization, PL 103-236 Sec 242.... 1483
1994 and 1995.
Disasters
Procedures regarding United PL 84-885 Sec 43...... 52
States citizens abroad.
Discrimination
United States policy............. PL 94-350 Sec 121..... 658
District of Columbia
Demonstrations at embassies, PL 99-399 Sec 1302.... 1143
sense of Congress.
Location of foreign missions..... PL 84-885 Sec 206..... 74
Drinking water. See Water resources
Drug control
Alliance against drug trafficking PL 105-277 Sec 2807... 309
in the Western Hemisphere,
report.
Bureau of International Narcotics
Matters
Strengthening personnel system. PL 99-93 Sec 131...... 576
Drug control--Continued
Colombia
Activities in, report.......... PL 107-228 Sec 694(b). 203
United States-sponsored PL 107-228 Sec 695.... 204
activities, report.
Commendation of Ambassador to PL 99-93 Sec 135...... 577
Mexico.
Counterdrug and anticrime PL 105-277 Sec 2214... 287
strategies, reports.
Cuban drug trafficking, report... PL 106-113 Sec 206.... 247
Denial of passport to traffickers PL 84-885 Sec 42...... 50
Drug Enforcement Administration
Assignment of agents abroad.... PL 100-204 Sec 801.... 542
Danger pay allowance........... PL 101-246 Sec 151.... 469
Extradition of drug traffickers.. PL 100-204 Sec 803.... 542
Extradition treaties............. PL 99-93 Sec 133...... 576
Information sharing.............. PL 99-93 Sec 132...... 576
PL 100-204 Sec 804.... 542
International certification PL 107-228 Sec 706.... 211
procedures.
Narcotics and law enforcement
officer
Qualifications of.............. PL 84-885 Sec 1(g).... 15
Overseas coordination of State PL 105-277 Sec 2214(c) 289
Department programs, policy and
assistance.
Reward for information on PL 84-885 Sec 36(b)... 39
traffickers.
State Department counterdrug PL 105-277 Sec 2214... 287
activities.
United States Senate Caucus on PL 99-93 Sec 814...... 589
International Narcotics Control.
USIA network for dissemination of PL 101-246 Sec 210.... 1503
information concerning programs
to combat narcotics.
E
East Timor
East Timor Transition to
Independence Act of 2002
Bilateral assistance........... PL 107-228 Sec 632.... 189
Generalized system of PL 107-228 Sec 635.... 190
preferences.
Multilateral assistance........ PL 107-228 Sec 633.... 189
Radio broadcasting authority... PL 107-228 Sec 636.... 190
Reporting requirement.......... PL 107-228 Sec 638.... 191
Security assistance for East PL 107-228 Sec 637.... 190
Timor.
Trade and investment assistance PL 107-228 Sec 634.... 189
Human rights abuses in, sense of PL 102-138 Sec 359.... 442
Congress.
Scholarships
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 237.... 1481
1998 and 1999................ PL 105-227 Sec 2401... 1469
2000 and 2001................ PL 106-113 Sec 104.... 235
2003......................... PL 107-228 Sec 112.... 158
East-West Center
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 201.... 1509
2006........................... PL 109-108 Title IV... 677
PL 109-108 Title IV... 1542
Eastern Europe. See also individual
countries
Research and Training for Eastern PL 98-164............. 1638
Europe and the Independent
States of the Former Soviet
Union Act of 1983.
Advisory Committee PL 98-164 Sec 804..... 1639
establishment.
Applications................... PL 98-164 Sec 806..... 1642
Authority to make payments..... PL 98-164 Sec 805..... 1640
Definitions.................... PL 98-164 Sec 803..... 1639
Federal control of education PL 98-164 Sec 808..... 1642
prohibited.
Findings and declarations...... PL 98-164 Sec 802..... 1638
Eastern Europe--Continued
Research and Training for Eastern
Europe and the Independent
States of the Former Soviet
Union Act of 1983--Continued
Funds allocation............... PL 98-164 Sec 809..... 1643
Payments to eligible PL 98-164 Sec 806..... 1642
organizations.
Report......................... PL 98-164 Sec 807..... 1642
Soviet-Eastern Europe Educational PL 102-138............ 1629
Exchange Programs, 1992 and 1993.
Appropriations authorization... PL 102-138 Sec 221.... 1630
Claude and Mildred Pepper PL 102-138 Sec 210.... 1629
Scholarship Program.
Enhanced educational exchange PL 102-138 Sec 226.... 1630
program.
Law and business training PL 102-138 Sec 227.... 1631
program for graduate students.
USIA Cultural Center in Kosovo. PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Economic policies
Anti-Economic Discrimination Act PL 103-236............ 378
of 1994.
Discriminatory contracts PL 103-236 Sec 565.... 379
prohibition.
Israel's diplomatic status..... PL 103-236 Sec 562.... 378
Middle East arms sales policy.. PL 103-236 Sec 563.... 378
Prohibition on certain sales PL 103-236 Sec 564.... 378
and leases.
Combating terrorism.............. PL 108-458 Sec 7115... 107
Participation of disadvantaged PL 101-246 Sec 126.... 461
enterprises in foreign relations
activities.
Secretary of State program PL 105-277 Sec 1523(a) 891
authority.
Tibet, development in............ PL 107-228 Sec 616.... 186
Economic reporting
Funding for additional positions. PL 98-164 Sec 104..... 593
Edmund S. Muskie Fellowship Program
Appropriations authorization
1998 and 1999.................. PL 105-277 Sec 2413... 1470
2000 and 2001.................. PL 106-113 Sec 104.... 236
Education. See also Bureau of
Educational and Cultural Affairs
Africa
Increasing participation in PL 103-236 Sec 239.... 1482
exchange programs.
Appropriations authorization, PL 99-93 Sec 204...... 1520
1986 and 1987.
Burma
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 225.... 1506
1996......................... PL 104-319 Sec 103.... 1474
2000......................... PL 106-113 Sec 401.... 1462
Cambodia
Appropriations authorization, PL 103-236 Sec 238.... 1482
1994 and 1995.
Caribbean and Central America
scholarship assistance,
cooperative public and private
sector program
Agreement with States.......... PL 101-382 Sec 231(d). 1606
Definitions.................... PL 101-382 Sec 231(j). 1606
Establishment of............... PL 101-382 Sec 231(b). 1606
Federal share.................. PL 101-382 Sec 231(e). 1606
Forgiveness of................. PL 101-382 Sec 231(g). 1606
Funding........................ PL 101-382 Sec 231(i). 1606
Grants to States............... PL 101-382 Sec 231(c). 1606
Non-Federal share.............. PL 101-382 Sec 231(f). 1606
Private sector................. PL 101-382 Sec 231(h). 1606
Education--Continued
Caribbean and Central America
scholarship assistance,
cooperative public and private
sector program--Continued
Statement of purpose........... PL 101-382 Sec 231(a). 1605
Caribbean region undergraduate
program
Appropriations authorization, PL 100-204 Sec 216.... 1512
1988 and 1989.
Claude and Mildred Pepper
Scholarship Program
Appropriations authorization, PL 102-138 Sec 210.... 1491
1992 and 1993.
PL 102-138 Sec 210(b). 1629
East Timor
Appropriations authorization, PL 103-236 Sec 237.... 1481
1994 and 1995.
Educational exchange
Appropriations authorization
1977......................... PL 94-350 Sec 101..... 655
1978......................... PL 95-105 Sec 101..... 645
Strengthening programs......... PL 95-105 Sec 107..... 646
Edward Zorinsky Memorial Library
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Memorial and plaque............ PL 100-204 Sec 306.... 1514
Eisenhower Exchange Fellowship
Program
Appropriations authorization, PL 109-108 Title IV... 676
2006.
PL 109-108 Title IV... 1541
Enhanced educational exchange
program
Appropriations authorization, PL 102-138 Sec 226.... 1496
1992 and 1993.
Exchange programs
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 206..... 1525
1992 and 1993................ PL 102-138 Sec 201.... 1489
1994 and 1995................ PL 103-236 Sec 201.... 1476
1996......................... PL 104-319 Sec 102.... 1473
1998 and 1999................ PL 105-277 Sec 2401... 1468
PL 105-277 Sec 2401... 1711
2000 and 2001................ PL 106-113 Sec 104.... 234
2003......................... PL 107-228 Sec 112.... 158
2006......................... PL 109-108 Title IV... 673
PL 109-108 Title IV... 1541
Funds appropriations, 2006..... PL 109-108 Sec 408.... 679
Expanded International PL 95-426 Sec 203..... 1535
Communication Agency exchange
activities.
Facilities
Secretary of State authority... PL 84-885 Sec 29...... 32
Fees from educational advising PL 109-108 Title IV... 672
and counseling.
Foreign Service
Grants for training in PL 84-885 Sec 47...... 57
international affairs.
Foreign student monitoring PL 107-173 Sec 501.... 1077
program.
FREEDOM Support Act exchange and PL 102-511 Sec 807.... 1627
training programs.
Fulbright Academic Exchange
Programs
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 301.... 1513
1992 and 1993................ PL 102-138 Sec 221.... 1495
PL 102-138 Sec 222.... 1495
1994 and 1995................ PL 103-236 Sec 201.... 1477
1998 and 1999................ PL 105-227 Sec 2401... 1468
Fulbright-Hays Act of 1961....... PL 87-256............. 1557
Administration of.............. EO 11034.............. 1589
Education--Continued
Fulbright-Hays Act of 1961--
Continued
Administration of--Continued
Authority delegation......... EO 11034 Sec 5........ 1591
Definition................... EO 11034 Sec 9........ 1593
Department of Commerce EO 11034 Sec 3........ 1590
functions.
Department of Education EO 11034 Sec 4........ 1591
functions.
Department of State functions EO 11034 Sec 1........ 1589
Policy guidance.............. EO 11034 Sec 6........ 1591
Presidential functions....... EO 11034 Sec 7........ 1591
Prior directives and actions. EO 11034 Sec 11....... 1593
References to orders and Acts EO 11034 Sec 10....... 1593
United States Information EO 11034 Sec 2........ 1590
Agency functions.
Waivers...................... EO 11034 Sec 8........ 1592
Agreements with foreign PL 87-256 Sec 103..... 1561
governments and international
organizations.
Appropriations authorization... PL 87-256 Sec 105..... 1565
Authorizations................. PL 87-256 Sec 102..... 1558
PL 87-256 Sec 108..... 1568
Bureau of Educational and PL 87-256 Sec 112..... 1570
Cultural Affairs.
Delegation of powers........... PL 87-256 Sec 104..... 1562
Exchanges between United States PL 87-256 Sec 113..... 1575
and the Independent States of
the Former Soviet Union.
Federal employee acceptance of PL 87-256 Sec 108A.... 1569
grants and assistance.
J. William Fulbright Foreign PL 87-256 Sec 106..... 1566
Scholarship Board.
Reports........................ PL 87-256 Sec 107..... 1568
Statement of purpose........... PL 87-256 Sec 101..... 1558
Working Group on United States PL 87-256 Sec 112(g).. 1573
Government Sponsored
International Exchanges and
Training.
Hubert H. Humphrey Fellowship
Program
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Independent States of the Former
Soviet Union, Lithuania, Latvia,
and Estonia
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Institutions and entities PL 107-173 Sec 502.... 1079
authorized to enroll or sponsor
nonimmigrants, review of.
International Academic PL 106-309............ 1577
Opportunity Act of 2000.
Appropriations authorization... PL 106-309 Sec 305.... 1578
Grant program for foreign study PL 106-309 Sec 303.... 1577
by United States college
students of limited financial
means.
Report......................... PL 106-309 Sec 304.... 1578
Statement of purpose........... PL 106-309 Sec 302.... 1577
International exchanges and PL 97-241 Sec 305..... 1529
national security.
International Youth Opportunity PL 108-458 Sec 7114... 106
Fund.
Islamic world
Expansion of United States PL 108-458 Sec 7112... 104
programs in.
PL 108-458 Sec 7120(b) 112
Israeli Arab Scholarship Program
Appropriations authorization
1992 and 1993................ PL 102-138 Sec 214.... 1493
2006......................... PL 109-108 Title IV... 677
Education--Continued
Israeli Arab Scholarship Program--
Continued
Appropriations authorization--
Continued
2006--Continued
PL 109-108 Title IV... 1542
J. William Fulbright Foreign PL 101-246 Sec 204.... 1503
Scholarship Board.
Law and business graduate
training program
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Members of uniformed services PL 99-399 Sec 806..... 1135
held as captives and their
dependents, assistance for.
Muslim countries, grants to PL 108-458 Sec 7113... 105
United States-sponsored schools
to provide scholarships.
National Commission on
Educational, Scientific, and
Cultural Cooperation
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 106..... 594
1986 and 1987................ PL 99-93 Sec 105...... 571
Near and Middle East research and
training
Appropriations authorization, PL 102-138 Sec 228.... 1499
1992 and 1993.
Refugee Education Assistance Act
of 1980
Authorities for programs and PL 96-422 Sec 501..... 1398
activities.
Russian and Ukrainian Business
Management Education
Appropriations authorization, PL 106-113 Sec 426.... 1467
2000 and 2001.
Authorization for training PL 106-113 Sec 423.... 1465
program and internships.
Definitions.................... PL 106-113 Sec 422.... 1465
Purpose........................ PL 106-113 Sec 421.... 1465
Restrictions................... PL 106-113 Sec 425.... 1467
Technical assistance........... PL 106-113 Sec 424.... 1466
South Pacific exchange programs
Appropriations authorization, PL 103-236 Sec 241.... 1483
1994 and 1995.
Soviet-Eastern Europe Educational PL 102-138............ 1629
Exchange Programs, FY 1992 and
1993
Enhanced educational exchange PL 102-138 Sec 226.... 1630
program.
Law and business training PL 102-138 Sec 227.... 1631
program for graduate students.
Tibet
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 1243(e) 561
1990 and 1991................ PL 101-246 Sec 225.... 1506
1994 and 1995................ PL 103-236 Sec 236.... 1481
1996......................... PL 104-319 Sec 103.... 1474
1998 and 1999................ PL 105-277 Sec 2415... 1471
2000......................... PL 106-113 Sec 401.... 1462
United Nations Educational,
Scientific and Cultural
Organization
Report on...................... PL 102-138 Sec 170.... 427
United Nations University PL 94-141 Sec 205..... 661
Endowment Fund, contribution to,
1977.
United States Advisory Commission
on International Communication,
Cultural and Educational Affairs
Establishment of............... RP 77-2 Sec 8......... 1548
Education--Continued
United States-India Fund for PL 98-164............. 1644
Cultural, Educational, and
Scientific Cooperation Act.
Allocation of rupees for EO 12517 Sec 2........ 1646
investment to generate
earnings.
Fund establishment............. PL 98-164 Sec 902..... 1644
Secretary of State functions... EO 12517 Sec 1........ 1646
Use of United States owned PL 98-164 Sec 903..... 1645
rupees to capitalize Fund.
United States Information and PL 80-402............. 1429
Educational Exchange Act of 1948.
Acceptance of office under PL 80-402 Sec 303..... 1433
another government.
Advisory commissions to PL 80-402 Title VI.... 1440
formulate policies.
Authority delegation........... PL 80-402 Sec 1002.... 1453
Books and materials............ PL 80-402 Sec 202..... 1431
Definitions.................... PL 80-402 Sec 4....... 1430
Funds provided by other sources PL 80-402 Title IX.... 1452
Funds transfer................. PL 80-402 Sec 702..... 1444
Government agencies............ PL 80-402 Title IV.... 1433
Information about the United PL 80-402 Title V..... 1435
States, disseminating abroad.
Informational media guaranties. PL 80-402 Sec 1011.... 1454
Institutions, assistance to.... PL 80-402 Sec 203..... 1431
National security measures..... PL 80-402 Sec 1012.... 1456
Objectives..................... PL 80-402 Sec 2....... 1430
Policy governing services...... PL 80-402 Sec 403..... 1434
Private agencies utilization... PL 80-402 Sec 1005.... 1453
Radio Free Europe and Radio PL 80-402 Sec 703..... 1444
Liberty, authorization for
grants.
Repeal of Act of May 25, 1938.. PL 80-402 Sec 1004.... 1453
Restricted information......... PL 80-402 Sec 1003.... 1453
Secretary of State authority... PL 80-402 Sec 801..... 1445
Separability of provisions..... PL 80-402 Sec 1010.... 1454
Specialists, assignment of..... PL 80-402 Title III... 1432
Technical and other services... PL 80-402 Sec 402..... 1434
Termination pursuant to PL 80-402 Sec 1006.... 1454
concurrent resolution of
Congress.
United Nations, United States PL 80-402 Sec 3....... 1430
participation.
Veterans' Preference Act PL 80-402 Sec 1007.... 1454
provisions.
United States Scholarship Program PL 99-93.............. 1608
for Developing Countries
Authorization, 1986 and 1987.
Authority to enter into PL 99-93 Sec 605...... 1611
agreements.
Board of Foreign Scholarships.. PL 99-93 Sec 608...... 1612
Congressional Budget Act PL 99-93 Sec 615...... 1614
compliance.
Counseling services............ PL 99-93 Sec 607...... 1612
Findings and declarations of PL 99-93 Sec 602...... 1608
policy.
Funding........................ PL 99-93 Sec 612...... 1613
General authorities............ PL 99-93 Sec 609...... 1612
Guidelines..................... PL 99-93 Sec 604...... 1610
International educational PL 99-93 Sec 606...... 1611
programs policy.
Latin American exchanges....... PL 99-93 Sec 613...... 1613
Scholarship program authority.. PL 99-93 Sec 603...... 1609
Statement of purpose........... PL 99-93 Sec 601...... 1608
Textbooks and teaching PL 99-93 Sec 610...... 1613
materials.
Training programs in Hispanic PL 99-93 Sec 614...... 1614
populations.
USIA photographic works of PL 102-138 Sec 213.... 1493
Richard Saunders, distribution
of.
Education--Continued
Vietnam
Appropriations authorization, PL 102-138 Sec 229.... 1499
1992 and 1993.
Vietnam Education Foundation Act PL 106-554............ 1595
of 2000.
Administrative provisions...... PL 106-554 Sec 209.... 1600
Board of Directors............. PL 106-554 Sec 205.... 1596
Definitions.................... PL 106-554 Sec 203.... 1595
Establishment of Foundation.... PL 106-554 Sec 204.... 1596
Fellowship program............. PL 106-554 Sec 206.... 1597
Personnel matters.............. PL 106-554 Sec 208.... 1599
Purposes....................... PL 106-554 Sec 202.... 1595
Termination.................... PL 106-554 Sec 210.... 1601
Vietnam Debt Repayment Fund.... PL 106-554 Sec 207.... 1599
Visiting Scholars Program........ PL 96-465 Sec 707..... 758
Worldwide book program initiative
Appropriations authorization, PL 99-93 Sec 205...... 1520
1986 and 1987.
Education, Department of
Fulbright-Hays Act administration EO 11034 Sec 4........ 1591
functions.
Educational, Cultural, and Public
Diplomacy Authorities, FY 2003
``American Corners'' in the PL 107-228 Sec 225.... 169
Russian Federation.
PL 107-228 Sec 225.... 1460
Cultural Diplomacy, Advisory PL 107-228 Sec 224.... 168
Committee on.
PL 107-228 Sec 224.... 1459
Ethical issues in international PL 107-228 Sec 228.... 1460
health research.
Public diplomacy, plan for PL 107-228 Sec 223.... 1458
achievement of objectives.
Edward Zorinsky Memorial Library
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Memorial and plaque.............. PL 100-204 Sec 306.... 1514
Egypt
Cultural, scientific, and PL 96-60 Sec 403...... 623
economic relations with Israel,
sense of Congress.
Nonlethal airport security PL 99-399 Sec 508..... 1123
equipment and commodities.
Eisenhower Exchange Fellowship Act PL 101-454............ 1634
of 1990.
Appropriations authorization..... PL 101-454 Sec 5...... 1636
Eisenhower Exchange Fellowship PL 101-454 Sec 3...... 1635
Program Trust Fund.
Expenditure and audit of trust PL 101-454 Sec 4...... 1635
fund.
Purposes......................... PL 101-454 Sec 2...... 1634
Report........................... PL 101-454 Sec 7...... 1637
Use of income on the endowment... PL 101-454 Sec 6...... 1637
Eisenhower Exchange Fellowship
Program
Appropriations authorization, PL 109-108 Title IV... 676
2006.
PL 109-108 Title IV... 1541
El Salvador
Displaced persons
Appropriations authorization, PL 98-164 Sec 111..... 595
1984.
Extended voluntary departure PL 98-164 Sec 1012.... 607
status.
Elections
Prohibition on use of funds for PL 100-204 Sec 109.... 511
political purposes.
Electronic crime task force
Expansion of national initiative. PL 107-56 Sec 105..... 1083
Electronic surveillance. See also
Intelligence surveillance
Authorization during time of war. PL 95-511 Sec 111..... 934
Authorization for................ PL 95-511 Sec 102..... 920
Electronic surveillance--Continued
Civil liability.................. PL 95-511 Sec 110..... 934
Congressional oversight.......... PL 95-511 Sec 108..... 933
Definitions...................... PL 95-511 Sec 101..... 916
Information use.................. PL 95-511 Sec 106..... 930
Judges designation............... PL 95-511 Sec 103..... 922
Order application................ PL 95-511 Sec 104..... 922
Order issuance................... PL 95-511 Sec 105..... 925
Penalties........................ PL 95-511 Sec 109..... 933
Report........................... PL 95-511 Sec 107..... 932
Embassies. See Foreign missions
Emergency Supplemental
Appropriations Act for Defense,
the Global War on Terror, and
Tsunami Relief, 2005
International programs........... PL 109-13 Title II.... 1731
Emergency Supplemental PL 109-148............ 687
Appropriations Act To Address
Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006.
Department of State.............. PL 109-148 Title II... 687
General provisions............... PL 109-148 Title V.... 689
Rescissions...................... PL 109-148 Title III.. 688
Emigration
Cuban policies, reports.......... PL 105-277 Sec 2245... 297
Employee benefits
State Department allocations..... PL 84-885 Sec 24(a)... 27
Endangered Species of Wild Fauna
and Flora, Convention on
International Trade in
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Energy, Department of
Intelligence activities.......... EO 12333 Sec 1.13..... 970
Enhanced Border Security and Visa PL 107-173............ 1063
Entry Reform Act of 2002.
Aliens
Consistency of requirements.... PL 107-173 Sec 604.... 1081
Failure to appear, annual PL 107-173 Sec 605.... 1081
report.
Government Accountability PL 107-173 Sec 602.... 1080
Office study.
Identification documents for PL 107-173 Sec 309.... 1075
newly admitted aliens.
Inspections.................... PL 107-173 Sec 403.... 1076
International electronic data PL 107-173 Sec 603.... 1080
system.
Joint United States-Canada PL 107-173 Sec 404.... 1076
projects for alternative
inspections services.
North American National PL 107-173 Sec 401.... 1075
Security Program, feasibility
study.
Passenger manifests............ PL 107-173 Sec 402.... 1076
Retention of nonimmigrant visa PL 107-173 Sec 606.... 1081
applications.
Consular functions
Appropriations authorization... PL 107-173 Sec 101(d). 1064
Definitions...................... PL 107-173 Sec 2...... 1063
Foreign student monitoring PL 107-173 Sec 501.... 1077
program.
Institutions and entities PL 107-173 Sec 502.... 1079
authorized to enroll or sponsor
nonimmigrants, review of.
Interagency information sharing.. PL 107-173 Title II... 1066
Law enforcement and intelligence
information
Commission on Interoperable PL 107-173 Sec 203.... 1069
Data Sharing.
Interim measures for access and PL 107-173 Sec 201.... 1066
coordination.
Interoperable data system with PL 107-173 Sec 202.... 1067
name-matching capacity.
Machine-readable visa fees....... PL 107-173 Sec 103.... 1065
Enhanced Border Security and Visa
Entry Reform Act of 2002--
Continued
Passports
Stolen, tracking system for.... PL 107-173 Sec 308.... 1074
Technology and infrastructure
improvements
Appropriations authorization... PL 107-173 Sec 102.... 1064
Visa issuance
Consular officer training...... PL 107-173 Sec 305.... 1073
Integrated entry and exit data PL 107-173 Sec 302.... 1070
system implementation.
Machine-readable, tamper- PL 107-173 Sec 303.... 1071
resistant entry and exit
documents.
Restriction for nonimmigrants PL 107-173 Sec 306.... 1074
from state sponsors of
international terrorism.
Terrorist lookout committees... PL 107-173 Sec 304.... 1072
Visa waiver program
Designation of countries....... PL 107-173 Sec 307.... 1074
Entertainment expenses
Foreign Service members.......... PL 96-465 Sec 905..... 830
Funds allocation, Secretary of PL 84-885 Sec 19...... 25
State authority.
United States Information Agency
Appropriations authorization, PL 98-164 Sec 210..... 1527
1984 and 1985.
Environmental issues. See also
Marine resources; Water resources
Acid rain........................ PL 98-164 Sec 1008.... 605
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental and
Scientific Affairs.
Foreign mission solar energy PL 95-426 Sec 105..... 628
demonstration.
International agreements
Secretary of State negotiation EO 11742.............. 1000
authority.
International Whaling Commission
Moratorium on the commercial PL 96-60 Sec 405...... 623
killing of whales.
Joint funds under agreements for PL 106-113 Sec 210.... 249
cooperation.
United Nations Conference on
Environment and Development
Appropriations authorization, PL 102-138 Sec 101(c). 409
1992.
Support for, sense of Congress. PL 102-138 Sec 364.... 444
United States-Canada negotiations PL 95-426 Sec 612..... 642
on air quality.
USIA environment and sustainable PL 103-236 Sec 240.... 1482
development exchange program.
World Alternate Energy Conference PL 95-426 Sec 609..... 640
World Commission on Environment
and Development
Appropriations authorization, PL 99-93 Sec 107...... 571
1986 and 1987.
World Heritage Trust Fund
Appropriations authorization, PL 98-164 Sec 108..... 594
1984 and 1985.
Estonia
Law and business graduate
training program
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Law and business training program
for graduate students
Appropriations authorization, PL 102-138 Sec 227(d). 1633
1992 and 1993.
Estonia--Continued
Law and business training program
for graduate students--Continued
Congressional Budget Act PL 102-138 Sec 227(e). 1633
compliance.
Designation of program and PL 102-138 Sec 227(f). 1633
scholarships.
Guidelines..................... PL 102-138 Sec 227(c). 1632
Scholarship program authority.. PL 102-138 Sec 227(b). 1632
Statement of purpose........... PL 102-138 Sec 227(a). 1631
Self-determination, sense of PL 100-204 Sec 1206... 550
Congress.
Support for new democracies, PL 102-138 Sec 360.... 443
sense of Congress.
United States presence in, sense PL 102-138 Sec 352.... 439
of Congress.
Ethiopia
Human rights in.................. PL 100-204 Sec 1221... 553
Europe. See also Eastern Europe;
individual countries
Commission on Security and PL 94-304............. 1755
Cooperation in Europe,
establishment of. See also
Conference on Security and
Cooperation in Europe;
Organization for Security and
Cooperation in Europe.
Appropriations authorization... PL 94-304 Sec 7....... 1757
Authority...................... PL 94-304 Sec 2....... 1755
Costs coverage................. PL 94-304 Sec 9....... 1759
Membership of.................. PL 94-304 Sec 3....... 1755
Personnel and administration PL 94-304 Sec 8....... 1758
committee.
Reports........................ PL 94-304 Sec 5....... 1757
PL 94-304 Sec 6....... 1757
Requirements of witnesses...... PL 94-304 Sec 4....... 1756
Exchange programs. See also
Cultural programs; Education
Appropriations authorization
2000 and 2001.................. PL 106-113 Sec 104.... 234
2003........................... PL 107-228 Sec 112.... 158
Au pair provisions
Extension of programs.......... PL 104-72 Sec 1....... 1543
Prohibition on use of funds.... PL 100-461 Sec 301(b). 1544
Sense of Congress.............. PL 100-461 Sec 301(a). 1544
Coordination of United States EO 13055.............. 1551
Government International
Exchanges and Training Programs.
Definitions.................... EO 13055 Sec 2........ 1551
Interagency Working Group...... EO 13055 Sec 1........ 1551
EO 13055 Sec 3........ 1551
EO 13055 Sec 4........ 1551
EO 13055 Sec 5........ 1552
EO 13055 Sec 6........ 1552
EO 13055 Sec 7........ 1552
EO 13055 Sec 8........ 1552
EO 13055 Sec 9........ 1552
Eisenhower Exchange Fellowship PL 101-454............ 1634
Act of 1990.
Appropriations authorization... PL 101-454 Sec 5...... 1636
Eisenhower Exchange Fellowship PL 101-454 Sec 3...... 1635
Program Trust Fund.
Expenditure and audit of trust PL 101-454 Sec 4...... 1635
fund.
Purposes....................... PL 101-454 Sec 2...... 1634
Report......................... PL 101-454 Sec 7...... 1637
Use of income on the endowment. PL 101-454 Sec 6...... 1637
FREEDOM Support Act.............. PL 102-511 Sec 807.... 1627
Institutions and entities PL 107-173 Sec 502.... 1079
authorized to enroll or sponsor
nonimmigrants, review of.
Exchange programs--Continued
Islamic world, expansion of PL 108-458 Sec 7112... 104
United States programs in.
National and Community Service
Act of 1990
Exchange program with countries PL 101-610 Sec 602.... 1587
in transition from
totalitarianism to democracy.
Soviet-Eastern Europe Educational
Exchange Programs, 1992 and 1993
Enhanced educational exchange PL 102-138 Sec 226.... 1630
program.
Visas for participants in United PL 108-458 Sec 7120(b) 112
States programs, report.
Expenses. See Salaries and
compensation
Export-Import Bank
East Timor assistance............ PL 107-228 Sec 634(c). 190
Tibet assistance................. PL 107-228 Sec 616(c). 186
Exports
Export Controls, Coordinating
Committee on
Appropriations authorization, PL 98-164 Sec 107..... 594
1984.
International materials, sense of PL 93-475 Sec 14...... 662
Congress.
Macau, application of United PL 106-570 Sec 203(b). 215
States law.
Man-Portable Air Defense Systems, PL 108-458 Sec 4026... 1055
nonproliferation and control
policy.
Middle East arms sales policy.... PL 102-138 Sec 322.... 437
Nuclear proliferation procurement PL 103-236 Sec 821.... 387
sanctions.
Nuclear-related equipment, PL 98-164 Sec 1007.... 604
materials, and technology to
India, Argentina, and South
Africa, policy toward.
Satellites to the People's PL 109-108 Title IV... 672
Republic of China, restrictions
on.
Secretary of State program PL 105-277 Sec 1523(a) 891
authority.
Suspension of export license PL 101-246 Sec 902.... 496
issuance to People's Republic of
China.
Expositions, international
Funding limitations.............. PL 106-113 Sec 204.... 245
Expropriation of property
Restrictions on foreign aid...... PL 103-236 Sec 527.... 368
Extradition, international
Policy and practice, report...... PL 107-228 Sec 696.... 204
Report........................... PL 106-113 Sec 211.... 249
F
Fascell Fellowship Act............. PL 99-399............. 1622
Fellowship Board................. PL 99-399 Sec 1003.... 1623
Fellowships...................... PL 99-399 Sec 1004.... 1624
Program for temporary service at PL 99-399 Sec 1002.... 1622
United States missions abroad.
Secretary of State authorities... PL 99-399 Sec 1005.... 1624
Fascell North-South Center Act of
1991
Center for Cultural and Technical PL 102-138 Sec 208.... 1647
Interchange Between North and
South.
FBI. See Federal Bureau of
Investigation
Federal Advisory Committee Act
Advisory Committee on Cultural PL 107-228 Sec 224(h). 169
Diplomacy exemption.
PL 107-228 Sec 224(h). 1459
Federal Aviation Administration
Airworthiness certification of PL 108-458 Sec 4026(b) 1056
missile defense systems for
commercial aircraft.
Federal Bureau of Investigation
Biometric system, feasibility PL 107-56 Sec 1008.... 1098
study on use of.
Business records access.......... PL 95-511 Sec 501..... 954
Danger pay allowance............. PL 101-246 Sec 151.... 469
Intelligence activities.......... EO 12333 Sec 1.14..... 970
Intelligence collection EO 12333 Sec 2.4...... 972
techniques.
Technical Support Center
Increased funding for.......... PL 107-56 Sec 103..... 1083
Federal Communications Commission
Notification of International PL 99-93 Sec 146(e)... 580
Telecommunications Satellite
Organization Agreement.
Federal Reports Elimination and
Sunset Act of 1995
Continuation of reports PL 106-113 Sec 209(e). 248
terminated by.
Federal Republic of Yugoslavia
Waiver of sanctions to promote PL 103-236 Sec 532.... 374
democracy.
Fellowship programs
Eisenhower Exchange Fellowship PL 101-454............ 1634
Act of 1990.
Appropriations authorization... PL 101-454 Sec 5...... 1636
Eisenhower Exchange Fellowship PL 101-454 Sec 3...... 1635
Program Trust Fund.
Expenditure and audit of trust PL 101-454 Sec 4...... 1635
fund.
Purposes....................... PL 101-454 Sec 2...... 1634
Report......................... PL 101-454 Sec 7...... 1637
Use of income on the endowment. PL 101-454 Sec 6...... 1637
Fascell Fellowship Act........... PL 99-399............. 1622
Fellowship Board............... PL 99-399 Sec 1003.... 1623
Fellowships.................... PL 99-399 Sec 1004.... 1624
Program for temporary service PL 99-399 Sec 1002.... 1622
at United States missions
abroad.
Secretary of State authorities. PL 99-399 Sec 1005.... 1624
FEST. See Foreign Emergency Support
Team
Films. See also Broadcasting,
international
United States Information Agency
``America The Way I See It'' PL 100-204 Sec 214.... 1511
distribution within the United
States.
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 201.... 1509
1990 and 1991................ PL 101-246 Sec 201.... 1502
``Long Journey Home'' PL 101-246 Sec 203.... 1502
distribution.
Financial Action Task Force
Fighting terrorist financing
Coordination of United States PL 108-458 Sec 7704... 139
Government efforts.
Improving international PL 108-458 Sec 7701... 137
standards and cooperation.
Financial Sector Assessment Program
Fighting terrorist financing..... PL 108-458 Sec 7701... 138
Financial services. See
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001
FISA. See Foreign Intelligence
Surveillance Act of 1978
Fisheries
Secretary of Commerce PL 109-108 Sec 618.... 683
responsibility for negotiating
and monitoring international
agreements.
Fisheries commissions
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 103.... 509
1990 and 1991.................. PL 101-246 Sec 103.... 458
1992 and 1993.................. PL 102-138 Sec 103.... 413
1994 and 1995.................. PL 103-236 Sec 103.... 329
Fisheries commissions--Continued
Appropriations authorization--
Continued
1998 and 1999.................. PL 105-277 Sec 2102... 281
2000 and 2001.................. PL 106-113 Sec 102.... 232
2003........................... PL 107-228 Sec 114.... 162
2006........................... PL 109-108 Title IV... 676
Food and Agriculture Organization
Reforms.......................... PL 103-236 Sec 413.... 350
Food supply
International food reserve....... PL 95-105 Sec 510..... 652
PL 95-426 Sec 604..... 637
Foreign Affairs Agencies PL 105-277............ 873
Consolidation Act of 1998
Agency for International
Development
Assistance programs............ PL 105-277 Sec 1521... 890
PL 105-277 Sec 1523... 891
Reorganization................. PL 105-277 Sec 1501... 890
PL 105-277 Sec 1511... 890
Reporting of Administrator to PL 105-277 Sec 1522... 891
the Secretary of State.
Status of...................... PL 105-277 Sec 1413... 888
Arms Control and Disarmament
Agency
Abolition...................... PL 105-277 Sec 1201... 877
PL 105-277 Sec 1211... 878
PL 105-277 Sec 1221... 878
Transfer of functions to PL 105-277 Sec 1212... 878
Secretary of State.
Consolidation of foreign affairs
agencies.
Application of laws............ PL 105-277 Sec 1333... 885
Appropriations transfer and PL 105-277 Sec 1612... 895
allocation.
Definitions.................... PL 105-277 Sec 1103... 876
Incidental transfers........... PL 105-277 Sec 1614... 897
Personnel transfer, appointment PL 105-277 Sec 1613... 896
and assignment.
Purposes of.................... PL 105-277 Sec 1102... 876
References..................... PL 105-277 Sec 1331... 884
Reorganization authority....... PL 105-277 Sec 1611... 895
Reorganization cost savings, PL 105-277 Sec 1104... 877
report.
Reorganization plan and report. PL 105-277 Sec 1601... 892
Report......................... PL 105-277 Sec 1617... 899
Savings provisions............. PL 105-277 Sec 1615... 897
Secretary of State authority to PL 105-277 Sec 1616... 899
facilitate transition.
International broadcasting
Declaration of purpose......... PL 105-277 Sec 1331... 880
Findings....................... PL 105-277 Sec 1331... 880
Privatization of RFE/RL, PL 105-277 Sec 1328... 884
Incorporated, report.
PL 105-277 Sec 1328... 1710
Savings provisions............. PL 105-277 Sec 1327... 882
PL 105-277 Sec 1327... 1709
Transfer of funds, property, PL 105-277 Sec 1326... 881
and personnel.
PL 105-277 Sec 1326... 1707
International Development
Cooperation Agency
Abolition...................... PL 105-277 Sec 1401... 887
PL 105-277 Sec 1411... 888
PL 105-277 Sec 1412... 888
PL 105-277 Sec 1421... 889
United States Advisory Commission
on Public Diplomacy
Sunset of...................... PL 105-277 Sec 1334... 886
United States Information Agency
Abolition...................... PL 105-277 Sec 1301... 879
Foreign Affairs Agencies
Consolidation Act of 1998--
Continued
United States Information Agency--
Continued
Abolition--Continued
PL 105-277 Sec 1311... 879
PL 105-277 Sec 1311... 1706
PL 105-277 Sec 1312... 879
PL 105-277 Sec 1314... 880
Foreign Affairs Reform and PL 105-277............ 274
Restructuring Act of 1998.
PL 105-277............ 873
Foreign Agricultural Service
Use of Foreign Service personnel PL 96-465 Sec 202..... 716
system.
Foreign assets
Frozen or blocked, report on use PL 103-236 Sec 511.... 359
of.
Foreign claims
State Department settlement of... PL 84-885 Sec 2(b).... 15
Foreign Emergency Support Team..... PL 106-113 Sec 606.... 1156
Foreign gifts and decorations
Acceptance by Secretary of State. PL 84-885 Sec 25...... 29
Approval for acceptance of 22 CFR Sec 3.7........ 1329
decorations.
Approval of retention with 22 CFR Sec 3.8........ 1330
employing agency for official
use.
Authority........................ 22 CFR Sec 3.2........ 1325
Chief of mission responsibility 22 CFR Sec 3.11....... 1332
to inform host government of
restrictions.
Definitions...................... 22 CFR Sec 3.3........ 1325
Depositing gifts of more than 22 CFR Sec 3.6........ 1328
minimal value.
Designation of officials and 22 CFR Sec 3.5........ 1327
offices responsible for
administration of.
Diplomatic and Consular Service
Audit of....................... PL 84-885 Sec 20...... 25
Disposal of...................... 22 CFR Sec 3.9........ 1330
Enforcement...................... 22 CFR Sec 3.10....... 1331
Exemption of grants and other 22 CFR Sec 3.12....... 1332
foreign government assistance in
cultural exchange programs.
Foreign Gifts and Decorations Act PL 89-673............. 1318
of 1966.
Purpose of regulations........... 22 CFR Sec 3.1........ 1325
Receipt and disposition.......... 5 USC Sec 7342........ 1319
Restrictions..................... 22 CFR Sec 3.4........ 1326
Travel or travel expenses, 22 CFR Sec 3.6........ 1328
reporting acceptance of.
Foreign governments
United States recognition of..... Senate Resolution 205. 1421
Foreign intelligence information
Authority to share............... PL 107-56 Sec 203(d).. 1084
Foreign Intelligence Surveillance PL 95-511............. 915
Act of 1978
Attorney General report.......... PL 95-511 Sec 601..... 955
Business records access
Application for................ PL 95-511 Sec 501..... 954
Congressional oversight........ PL 95-511 Sec 502..... 955
Electronic surveillance within
the United States
Authorization during time of PL 95-511 Sec 111..... 934
war.
Authorization for.............. PL 95-511 Sec 102..... 920
Civil liability................ PL 95-511 Sec 110..... 934
Congressional oversight........ PL 95-511 Sec 108..... 933
Definitions.................... PL 95-511 Sec 101..... 916
Information use................ PL 95-511 Sec 106..... 930
Judges designation............. PL 95-511 Sec 103..... 922
Order application.............. PL 95-511 Sec 104..... 922
Order issuance................. PL 95-511 Sec 105..... 925
Penalties...................... PL 95-511 Sec 109..... 933
Report......................... PL 95-511 Sec 107..... 932
Foreign Intelligence Surveillance
Act of 1978--Continued
Pen registers
Authorization during PL 95-511 Sec 403..... 950
emergencies.
Authorization during time of PL 95-511 Sec 404..... 951
war.
Congressional oversight........ PL 95-511 Sec 406..... 953
Definitions.................... PL 95-511 Sec 401..... 947
Information use................ PL 95-511 Sec 405..... 951
Order application and extension PL 95-511 Sec 402..... 947
Physical searches within the
United States
Authorization during time of PL 95-511 Sec 309..... 947
war.
Authorization of............... PL 95-511 Sec 302..... 936
Civil liability................ PL 95-511 Sec 308..... 946
Congressional oversight........ PL 95-511 Sec 306..... 945
Definitions.................... PL 95-511 Sec 301..... 934
Information use................ PL 95-511 Sec 305..... 943
Order application.............. PL 95-511 Sec 303..... 938
Order issuance................. PL 95-511 Sec 304..... 940
Penalties...................... PL 95-511 Sec 307..... 946
Trap and trace devices
Authorization during PL 95-511 Sec 403..... 950
emergencies.
Authorization during time of PL 95-511 Sec 404..... 951
war.
Congressional oversight........ PL 95-511 Sec 406..... 953
Definitions.................... PL 95-511 Sec 401..... 947
Information use................ PL 95-511 Sec 405..... 951
Order application and extension PL 95-511 Sec 402..... 947
Foreign languages. See Languages,
foreign
Foreign missions
Application of provisions to PL 84-885 Sec 209..... 78
public international
organizations.
Authorities...................... PL 84-885 Title II.... 66
Crimes committed by diplomats.... PL 84-885 Sec 204B.... 71
Declaration of findings and PL 84-885 Sec 201..... 66
policy.
Definitions...................... PL 84-885 Sec 202..... 66
Diplomatic immunity, study and PL 100-204 Sec 137.... 514
report.
Enforcement of regulations....... PL 84-885 Sec 211..... 80
General provisions............... PL 84-885 Sec 208..... 77
Liability insurance requirements PL 84-885 Sec 204A.... 70
compliance enforcement.
Location in the District of PL 84-885 Sec 206..... 74
Columbia.
Preemption....................... PL 84-885 Sec 207..... 77
Presidential guidelines.......... PL 84-885 Sec 212..... 80
Privileges and immunities........ PL 84-885 Sec 210..... 80
Property acquisition, sale, or PL 84-885 Sec 205..... 73
disposition.
Protection of
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(b). 507
1990 and 1991................ PL 101-246 Sec 101(b). 456
1992 and 1993................ PL 102-138 Sec 101.... 408
1994 and 1995................ PL 103-236 Sec 101.... 324
1998 and 1999................ PL 105-277 Sec 2101... 280
2000 and 2001................ PL 106-113 Sec 101.... 230
2003......................... PL 107-228 Sec 111.... 157
2006......................... PL 109-108 Title IV... 673
Extraordinary protective PL 84-885 Sec 214..... 81
services.
Provision of benefits............ PL 84-885 Sec 204..... 68
Secretary of State authorities... PL 84-885 Sec 203..... 68
Severability..................... PL 84-885 Sec 213..... 81
Travel restrictions for personnel PL 84-885 Sec 216..... 82
of certain countries and
organizations.
United States responsibilities PL 84-885 Sec 209A.... 79
for employees of the United
Nations.
Use in a manner incompatible with PL 84-885 Sec 215..... 82
status.
Foreign Missions Act............... PL 84-885 Title II.... 66
Foreign Policy Study Commission
Duties of........................ PL 92-352 Sec 603..... 668
Foreign Policy Study Commission--
Continued
Establishment of................. PL 92-352 Sec 602..... 668
Expenses of...................... PL 92-352 Sec 606..... 670
Findings and purpose............. PL 92-352 Sec 601..... 668
Powers of........................ PL 92-352 Sec 604..... 669
Staff of......................... PL 92-352 Sec 605..... 670
Foreign Relations Authorization Act
Soviet-Eastern Europe Educational PL 102-138............ 1629
Exchange Programs, FY 1992 and
1993.
Appropriations authorization... PL 102-138 Sec 221.... 1630
Claude and Mildred Pepper PL 102-138 Sec 210.... 1629
Scholarship Program.
Enhanced educational exchange PL 102-138 Sec 226.... 1630
program.
Law and business training PL 102-138 Sec 227.... 1631
program.
USIA Cultural Center in Kosovo. PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Foreign Relations Authorization PL 92-352............. 667
Act, FY 1972.
General provisions............... PL 92-352 Title V..... 667
Study commission relating to PL 92-352 Title VI.... 668
foreign policy.
Foreign Relations Authorization PL 94-141............. 660
Act, FY 1976.
Foreign affairs administration... PL 94-141 Title I..... 660
International organizations, PL 94-141 Title II.... 661
conferences, and commissions.
Foreign Relations Authorization
Act, FY 1977
State Department................. PL 94-350 Title I..... 655
United States Information Agency
Appropriations authorization... PL 94-350 Sec 201..... 1539
Transfer authority............. PL 94-350 Sec 202..... 1539
Foreign Relations Authorization
Act, FY 1978
Department of State.............. PL 95-105 Title I..... 645
Foreign Service.................. PL 95-105 Title IV.... 648
United States Information Agency. PL 95-105............. 1537
Appropriations authorization... PL 95-105 Sec 201..... 1537
John Fitzgerald Kennedy Library PL 95-105 Sec 205..... 1538
use of films.
Transfer authority............. PL 95-105 Sec 202..... 1537
Foreign Relations Authorization
Act, FY 1979
Department of State.............. PL 95-426 Title I..... 626
International Communication PL 95-426 Title II.... 1534
Agency.
Appropriations authorization... PL 95-426 Sec 201..... 1534
Expanded exchange activities... PL 95-426 Sec 203..... 1535
Mission of..................... PL 95-426 Sec 202..... 1534
National Gallery of Art, PL 95-426 Sec 205..... 1535
functions relating to.
Policy provisions................ PL 95-426 Title VI.... 636
Science, technology, and American PL 95-426 Title V..... 633
diplomacy.
Foreign Relations Authorization PL 99-93.............. 568
Act, FY 1986 and 1987.
Department of State.............. PL 99-93 Title I...... 569
Foreign Relations Authorization PL 100-204............ 505
Act, FY 1988 and 1989.
Department of State.............. PL 100-204 Title I.... 506
Immigration and refugee PL 100-204 Title IX... 543
provisions.
International narcotics control.. PL 100-204 Title VIII. 542
International organizations...... PL 100-204 Title VII.. 533
Regional foreign relations....... PL 100-204 Title XII.. 549
Foreign Relations Authorization PL 101-246............ 454
Act, FY 1990 and 1991.
Budget Act compliance............ PL 101-246 Title XI... 504
Foreign Relations Authorization
Act, FY 1990 and 1991--Continued
Department of State.............. PL 101-246 Title I.... 455
International organizations and PL 101-246 Title IV... 476
commissions.
People's Republic of China....... PL 101-246 Title IX... 492
PLO Commitments Compliance Act of PL 101-246 Title VIII. 488
1989.
Refugees and other provisions.... PL 101-246 Title VII.. 485
Foreign Relations Authorization PL 102-138............ 403
Act, FY 1992 and 1993.
Foreign Relations Authorization PL 103-236............ 316
Act, FY 1994 and 1995.
Foreign Relations Authorization PL 105-277............ 274
Act, FY 1998 and 1999.
Definition of appropriate PL 105-277 Sec 2002... 277
congressional committee.
Foreign Relations Authorization PL 107-228............ 148
Act, FY 2003.
Definitions...................... PL 107-228 Sec 3...... 154
Foreign Relations of the United
States (FRUS) historical series
Advisory Committee............... PL 84-885 Sec 406..... 91
Contents of publication.......... PL 84-885 Sec 401..... 86
Declassification of records...... PL 84-885 Sec 404..... 89
Definitions...................... PL 84-885 Sec 407..... 93
Freedom of Information Act....... PL 84-885 Sec 405(b).. 91
General authority................ PL 84-885 Sec 401..... 86
Privacy Act...................... PL 84-885 Sec 405(a).. 91
Procedures for identifying PL 84-885 Sec 403..... 87
records.
Publication...................... PL 95-426 Sec 120..... 630
PL 98-164 Sec 133..... 601
Responsibility for preparation... PL 84-885 Sec 402..... 87
State Department publishing of... PL 84-885 Title IV.... 86
Foreign Relations Persian Gulf PL 102-20............. 452
Conflict Emergency Supplemental
Authorization Act, FY 1991.
AID emergency evacuation expenses PL 102-20 Sec 5....... 452
Burdensharing.................... PL 102-20 Sec 6....... 453
Diplomatic and Consular Service PL 102-20 Sec 3....... 452
emergencies.
Salaries and expenses............ PL 102-20 Sec 2....... 452
Foreign relations provisions. See
Human Rights, Refugee, and Other
Foreign Relations Provisions Act
of 1996
Foreign Service
Actions.......................... PL 96-465 Sec 2403.... 869
Administration of, consolidation PL 96-465 Sec 204..... 717
and uniformity in.
Appointments
By the President............... PL 96-465 Sec 302..... 724
By the Secretary............... PL 96-465 Sec 303..... 725
Career appointments............ PL 96-465 Sec 306..... 727
Chiefs of mission.............. PL 96-465 Sec 304..... 725
Diplomatic and consular PL 96-465 Sec 312..... 730
commissions.
General provisions relating to. PL 96-465 Sec 301..... 724
Limited appointments........... PL 96-465 Sec 309..... 728
Officer candidates, entry level PL 96-465 Sec 307..... 728
Recall and reemployment of PL 96-465 Sec 308..... 728
career members.
Reemployment rights following PL 96-465 Sec 310..... 729
limited appointment.
Senior Foreign Service......... PL 96-465 Sec 305..... 726
United States citizens hired PL 96-465 Sec 311..... 729
abroad.
Appropriations authorization, PL 109-148 Title II... 687
2006.
Foreign Service--Continued
Appropriations authorization,
2006--Continued
PL 109-108 Title IV... 671
Assignments to agencies, PL 96-465 Sec 503..... 742
international organizations, and
other bodies.
Assignments to positions......... PL 96-465 Sec 502..... 741
Authority of other agencies PL 96-465 Sec 2108.... 867
during conversion.
Authorized strength of, 1994 and PL 103-236 Sec 121.... 331
1995.
Awards........................... PL 96-465 Sec 614..... 753
Board of Examiners
Establishment of............... EO 12293 Sec 6........ 910
Board of Examiners for the
Foreign Service
Responsibilities of............ PL 96-465 Sec 211..... 723
Board of the Foreign Service
Establishment of............... EO 12293 Sec 9........ 910
Responsibilities of............ PL 96-465 Sec 210..... 723
Bosnia-Herzegovina
Safety and security of PL 103-236 Sec 130.... 333
personnel in Sarajevo, report.
Broadening cultural, geographic, PL 101-246 Sec 153.... 470
and ethnic representation.
Career counseling................ PL 96-465 Sec 706..... 758
Career development............... PL 96-465 Sec 703..... 756
Chief of mission
Responsibilities of............ PL 96-465 Sec 207..... 717
Classification of senior PL 103-236 Sec 175.... 341
positions, report.
Commendation of Ambassador to PL 99-93 Sec 135...... 577
Mexico.
Commission to study personnel PL 102-138 Sec 150.... 421
questions.
Commission to study personnel PL 100-204 Sec 171.... 527
system.
Comprehensive workforce plan..... PL 107-228 Sec 301.... 173
Congressional oversight of PL 96-465 Sec 2402.... 869
implementation.
Consular officers
Authorities.................... PL 105-277 Sec 2222... 291
Conservation of estates abroad. PL 84-885 Sec 43B(a).. 53
Counterterrorist travel PL 108-458 Sec 7203... 119
intelligence responsibilities
and functions.
Definition of.................. PL 105-277 Sec 2222(e) 292
Denial of entry into United PL 107-228 Sec 232.... 171
States of nationals engaged in
coerced organ transplantation.
Training for................... PL 105-277 Sec 2222(f) 292
Visa applications processing... PL 107-228 Sec 233.... 171
Visa issuance training......... PL 107-173 Sec 305.... 1073
Consular post closings........... PL 84-885 Sec 48...... 58
Contract......................... PL 101-246 Sec 136.... 465
Conversion, preservation of PL 96-465 Sec 2106.... 865
status and benefits.
Conversion from Foreign Service.. PL 96-465 Sec 2104.... 864
Conversion of certain positions PL 96-465 Sec 2105.... 865
in the Department of Agriculture.
Conversion regulations........... PL 96-465 Sec 2107.... 866
Conversion to Foreign Service PL 96-465 Sec 2102.... 862
schedule.
Conversion to Senior Foreign PL 96-465 Sec 2103.... 862
Service.
Danger pay allowance............. PL 98-164 Sec 131..... 601
PL 109-140 Sec 4...... 871
Delegation of functions.......... PL 96-465 Sec 206..... 717
Department of State
administration
Appropriations authorization
1992 and 1993................ PL 102-138 Sec 101.... 406
1994 and 1995................ PL 103-236 Sec 101.... 322
1998 and 1999................ PL 105-277 Sec 2101... 277
2000 and 2001................ PL 106-113 Sec 101.... 227
2003......................... PL 107-228 Sec 111.... 155
Foreign Service--Continued
Diplomatic security service, PL 105-277 Sec 2316... 299
availability pay for criminal
investigators.
Director General
Responsibilities of............ PL 96-465 Sec 208..... 718
Diversity in..................... PL 99-93 Sec 152...... 582
PL 100-204 Sec 183.... 531
PL 101-246 Sec 153(e). 471
Employment assistance referral PL 103-236 Sec 179.... 342
system.
Employment of qualified spouses, PL 99-93 Sec 120...... 573
pilot project for.
Evaluation of examination........ PL 101-246 Sec 153(g). 471
Expedited separation out......... PL 105-277 Sec 2311(b) 298
Family members
Annuities for surviving spouses PL 96-465 Sec 806..... 774
Appointment of United States PL 96-465 Sec 311..... 729
citizens hired abroad.
Career counseling.............. PL 96-465 Sec 706(b).. 758
Education facilities for....... PL 84-885 Sec 29...... 32
Employment of.................. PL 84-885 Sec 27...... 31
Pension System spousal PL 96-465 Sec 862..... 824
agreements.
Retirement and disability PL 96-465 Sec 828..... 804
benefits, effect of remarriage.
Training grants................ PL 96-465 Sec 705..... 758
Travel expenses................ PL 96-465 Sec 901..... 825
Fellowship program............... PL 101-246 Sec 153(h). 471
Financial disadvantages for PL 106-113 Sec 338.... 258
administrative and technical
personnel.
Foreign language competence
Expansion of model posts....... PL 101-246 Sec 161.... 474
Regulations.................... PL 103-236 Sec 191.... 343
Strengthening skills of PL 99-399 Sec 1305.... 1144
officers, sense of Congress.
Foreign language requirements.... PL 96-465 Sec 702..... 755
Promotion panels............... PL 101-246 Sec 163.... 475
Report......................... PL 101-246 Sec 162.... 475
Foreign Language Resources PL 103-236 Sec 192.... 343
Coordinator, designation of.
Foreign Service Institute PL 99-93 Sec 123...... 574
facilities.
Foreign Service Internship
Program
Administration of.............. PL 96-465 Sec 1202(e). 860
Appropriations authorization... PL 96-465 Sec 1204.... 861
Compensation................... PL 96-465 Sec 1202(g). 861
Eligibility to participate..... PL 96-465 Sec 1202(c). 860
Establishment of............... PL 96-465 Sec 1202(a). 859
Internships.................... PL 96-465 Sec 1202(d). 860
Mentors........................ PL 96-465 Sec 1202(f). 861
Objectives..................... PL 96-465 Sec 1201(b). 859
Purpose of..................... PL 96-465 Sec 1202(b). 860
Report......................... PL 96-465 Sec 1203.... 861
Statement of policy............ PL 96-465 Sec 1201(a). 859
Study of Foreign Service PL 96-465 Sec 1202(h). 861
examination.
Foreign Service Labor Relations
Board
Establishment of............... PL 96-465 Sec 1006.... 834
Functions of................... PL 96-465 Sec 1007.... 835
Functions of..................... PL 96-465 Sec 104..... 713
Health care program.............. PL 96-465 Sec 904..... 828
Hispanic Americans, recruitment
of
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Household effects, loan of....... PL 96-465 Sec 902..... 828
Housing benefits for United PL 102-138 Sec 174.... 427
States mission to the United
Nations.
Housing benefits limitation...... PL 101-246 Sec 156.... 473
Improvement of................... PL 96-465 Sec 101(b).. 711
Foreign Service--Continued
Inspector General
Authority of................... PL 96-465 Sec 209(e).. 722
Responsibilities of............ PL 96-465 Sec 209..... 718
Inspector General personnel PL 105-277 Sec 2208... 286
investigations.
PL 106-113 Sec 339.... 258
Institution for training......... PL 96-465 Sec 701..... 753
International affairs training PL 84-885 Sec 47...... 57
and education grants.
Internship program............... PL 101-246 Sec 149.... 468
Israel-only passports, PL 102-138 Sec 129.... 418
prohibition on issuance.
Judicial review of grievances.... PL 101-246 Sec 152.... 470
Labor-management relations
Administrative provisions...... PL 96-465 Sec 1018.... 846
Application.................... PL 96-465 Sec 1003.... 833
Authority, defined............. PL 96-465 Sec 1002.... 831
Board, defined................. PL 96-465 Sec 1002.... 831
Collective bargaining, defined. PL 96-465 Sec 1002.... 831
Collective bargaining PL 96-465 Sec 1002.... 831
agreement, defined.
Confidential employee, defined. PL 96-465 Sec 1002.... 831
Definitions.................... PL 96-465 Sec 1002.... 831
Dues, defined.................. PL 96-465 Sec 1002.... 832
Employee, defined.............. PL 96-465 Sec 1002.... 832
Employee rights................ PL 96-465 Sec 1004.... 833
Employees represented.......... PL 96-465 Sec 1012.... 839
Employment conditions, defined. PL 96-465 Sec 1002.... 831
Exclusive representative, PL 96-465 Sec 1002.... 832
defined.
Foreign Service Grievance Board PL 96-465 Sec 1105.... 851
Decisions.................... PL 96-465 Sec 1107.... 854
Procedures................... PL 96-465 Sec 1106.... 853
Foreign Service Impasse PL 96-465 Sec 1010.... 837
Disputes panel.
Foreign Service Labor Relations PL 96-465 Sec 1006.... 834
Board.
General Counsel
Defined...................... PL 96-465 Sec 1002.... 832
Functions of................. PL 96-465 Sec 1008.... 836
Grievances
Access to records............ PL 96-465 Sec 1108.... 857
Concerning former members.... PL 96-465 Sec 1102.... 849
Definition of................ PL 96-465 Sec 1101.... 848
Freedom of action............ PL 96-465 Sec 1103.... 849
Judicial review.............. PL 96-465 Sec 1110.... 858
Remedies..................... PL 96-465 Sec 1109.... 857
Time limitations for filing.. PL 96-465 Sec 1104.... 850
Judicial review and enforcement PL 96-465 Sec 1009.... 836
Labor, prevention of unfair PL 96-465 Sec 1016.... 843
practices.
Labor organization
Defined...................... PL 96-465 Sec 1002.... 832
Exclusive recognition of..... PL 96-465 Sec 1011.... 837
Management official, defined... PL 96-465 Sec 1002.... 832
Management rights.............. PL 96-465 Sec 1005.... 833
Panel, defined................. PL 96-465 Sec 1002.... 833
Person, defined................ PL 96-465 Sec 1002.... 833
Policy findings................ PL 96-465 Sec 1001.... 830
Representation rights and PL 96-465 Sec 1013.... 839
duties.
Resolution of implementation PL 96-465 Sec 1014.... 841
disputes.
Standards of conduct for labor PL 96-465 Sec 1017.... 845
organizations.
Unfair labor practices......... PL 96-465 Sec 1015.... 841
Language training consideration PL 102-138 Sec 155.... 424
in promotion process.
Language training for spouses, PL 95-105 Sec 414..... 650
sense of Congress.
Foreign Service--Continued
Lateral entry program for PL 99-93 Sec 121...... 573
businessmen and farmers,
feasibility study.
Legal services procurement PL 84-885 Sec 26...... 31
authorization.
Management training, report...... PL 106-113 Sec 325.... 257
Medical malpractice or negligence PL 84-885 Sec 30...... 32
Members of....................... PL 96-465 Sec 103..... 713
Merit personnel system, audit of. PL 100-204 Sec 174.... 529
Merit principles................. PL 96-465 Sec 105..... 714
Mid-level women and minority PL 103-236 Sec 178.... 341
placement program.
Minorities, report concerning.... PL 105-277 Sec 2318... 300
Minority employment report....... PL 107-228 Sec 324.... 180
Minority recruitment............. PL 96-465 Sec 105..... 714
Minority recruitment authorized PL 107-228 Sec 325.... 181
funds.
Mission of....................... PL 96-465 Sec 101..... 711
Model foreign language competence PL 96-465 Sec 2207.... 868
posts.
Moscow, multiyear contracting for PL 102-138 Sec 116.... 415
Multilateral diplomacy training.. PL 108-458 Sec 7111(c) 103
Nonovertime differential pay..... PL 105-277 Sec 2317... 300
Passenger motor vehicle sales.... PL 84-885 Sec 7....... 21
Pay and benefits pending PL 96-465 Sec 2101.... 862
conversion.
Pay increases, bases for......... PL 96-465 Sec 606..... 747
Pension System
Administration of.............. PL 96-465 Sec 859..... 821
Cost-of-living adjustments..... PL 96-465 Sec 858..... 821
Court order, defined........... PL 96-465 Sec 852..... 814
Creditable service............. PL 96-465 Sec 854..... 816
Deductions and withholdings PL 96-465 Sec 856..... 820
from pay.
Definitions.................... PL 96-465 Sec 852..... 814
Determinations of Secretary of PL 96-465 Sec 859(b).. 822
State.
Entitlement to annuity......... PL 96-465 Sec 855..... 818
Establishment of............... PL 96-465 Sec 851..... 813
Former spouses, entitlement of. PL 96-465 Sec 861..... 822
Fund, defined.................. PL 96-465 Sec 852..... 814
Government contributions....... PL 96-465 Sec 857..... 821
Lump-sum credit, defined....... PL 96-465 Sec 852..... 814
Normal cost, defined........... PL 96-465 Sec 852..... 814
Participant, defined........... PL 96-465 Sec 852..... 814
Participants................... PL 96-465 Sec 853..... 815
Pro rata share, defined........ PL 96-465 Sec 852..... 814
Special agent, defined......... PL 96-465 Sec 852..... 815
Spousal agreements............. PL 96-465 Sec 862..... 824
Supplemental liability, defined PL 96-465 Sec 852..... 814
System, defined................ PL 96-465 Sec 852..... 815
Transition provisions.......... PL 96-465 Sec 860..... 822
Valuations of.................. PL 96-465 Sec 859(c).. 822
Performance records.............. PL 96-465 Sec 604..... 747
Permanent authorizations of PL 99-93 Sec 102...... 570
appropriations.
Personal property disposition PL 84-885 Title III... 84
abroad.
Personnel system
Classification of positions.... PL 96-465 Sec 501..... 741
Compatibility among agencies... PL 96-465 Sec 203..... 717
Compatibility with other PL 96-465 Sec 205..... 717
government systems.
Other agencies and............. PL 96-465 Sec 202..... 716
Security program for embassies PL 100-204 Sec 155.... 523
in high intelligence threat
countries.
Use by Department of EO 12293 Sec 10....... 911
Agriculture and Department of
Commerce.
Post facilities.................. PL 84-885 Sec 31...... 34
Foreign Service--Continued
Prohibition on member of Foreign PL 100-204 Sec 180.... 530
Service union negotiating on
behalf of State Department.
Promotions....................... PL 96-465 Sec 601..... 744
Promotions of officers........... PL 96-60 Sec 106...... 621
Property agreements.............. PL 103-236 Sec 134.... 334
Protections for members of the PL 96-465 Sec 105..... 714
Service.
Public diplomacy training........ PL 108-458 Sec 7110... 101
Recruitment of veterans.......... PL 107-228 Sec 323.... 180
Reductions in force.............. PL 96-465 Sec 611..... 752
Representation expenses.......... PL 96-465 Sec 905..... 830
Required leave in the United PL 96-465 Sec 903..... 828
States after service abroad.
Retirement
Based on relative performance.. PL 96-465 Sec 608..... 749
Career ministers............... PL 94-350 Sec 524(o).. 905
Credit for Government service PL 107-228 Sec 321.... 176
abroad.
For expiration of time in class PL 96-465 Sec 607..... 748
Grants to widows............... PL 94-350 Sec 523..... 902
Member benefits................ PL 96-465 Sec 609..... 749
Survivor annuity elections..... PL 94-350 Sec 523..... 902
Retirement and Disability Fund
Appropriations authorization, PL 109-108 Title IV... 674
2006.
Retirement and Disability System
Administration................. PL 96-465 Sec 801..... 760
Annuitant, defined............. PL 96-465 Sec 804..... 761
Annuities, computation of...... PL 96-465 Sec 806..... 770
Annuities, cost-of-living PL 96-465 Sec 826..... 801
adjustments.
Annuity, payment of............ PL 96-465 Sec 807..... 778
Annuity adjustment for recall PL 96-465 Sec 823..... 798
service.
Appropriations, estimate of.... PL 96-465 Sec 818..... 796
Assignment and attachment of PL 96-465 Sec 820..... 796
moneys.
Benefits, payment of........... PL 96-465 Sec 821..... 797
Child, defined................. PL 96-465 Sec 804..... 761
Civil Service, compatibility... PL 96-465 Sec 827..... 803
Court, defined................. PL 96-465 Sec 804..... 762
Court order, defined........... PL 96-465 Sec 804..... 762
Creditable service............. PL 96-465 Sec 816..... 791
Death in service............... PL 96-465 Sec 809..... 782
Definitions.................... PL 96-465 Sec 804..... 761
Discontinued service retirement PL 96-465 Sec 810..... 783
Extra credit for service at PL 96-465 Sec 817..... 795
unhealthful posts.
Foreign Service normal cost, PL 96-465 Sec 804..... 762
defined.
Former spouses
Benefits for................. PL 96-465 Sec 830..... 805
PL 96-465 Sec 831..... 807
Defined...................... PL 96-465 Sec 804..... 762
Entitlement to annuity....... PL 96-465 Sec 814..... 785
Health benefits for.......... PL 96-465 Sec 832..... 811
PL 96-465 Sec 833..... 812
Survivor benefits for........ PL 96-465 Sec 831..... 808
PL 96-465 Sec 832..... 810
PL 96-465 Sec 2109.... 867
Fund
Balance, defined............. PL 96-465 Sec 804..... 762
Contributions to............. PL 96-465 Sec 805..... 765
Investment of................ PL 96-465 Sec 819..... 796
Maintenance of............... PL 96-465 Sec 802..... 760
Lump-sum credit, defined....... PL 96-465 Sec 804..... 762
Lump-sum payments.............. PL 96-465 Sec 815..... 789
Military and naval service, PL 96-465 Sec 804..... 763
defined.
Participants................... PL 96-465 Sec 803..... 761
Pro rata share, defined........ PL 96-465 Sec 804..... 763
Foreign Service--Continued
Retirement and Disability System--
Continued
Qualified former wives and PL 96-465 Sec 830..... 804
husbands.
Reassignment and retirement of PL 96-465 Sec 813..... 785
former Presidential appointees.
Reemployment................... PL 96-465 Sec 824..... 799
Remarriage, effect on benefits. PL 96-465 Sec 828..... 804
Retirement, mandatory.......... PL 96-465 Sec 812..... 784
Retirement for disability or PL 96-465 Sec 808..... 779
incapacity.
Secretary of State information EO 12293 Sec 7........ 910
requests.
Special agent, defined......... PL 96-465 Sec 804..... 764
Spousal agreement, defined..... PL 96-465 Sec 804..... 763
Student, defined............... PL 96-465 Sec 804..... 763
Surviving spouse, defined...... PL 96-465 Sec 804..... 763
Thrift savings fund PL 96-465 Sec 829..... 804
participation.
Unfunded liability
Defined...................... PL 96-465 Sec 804..... 764
Obligations.................. PL 96-465 Sec 822..... 798
Voluntary contributions........ PL 96-465 Sec 825..... 800
Voluntary retirement........... PL 96-465 Sec 811..... 783
Rightsizing overseas posts....... PL 107-228 Sec 302.... 174
Sabbaticals...................... PL 96-465 Sec 505(c).. 743
Salaries and compensation
Assignment to a salary class... PL 96-465 Sec 404..... 733
Border equalization pay PL 96-465 Sec 414..... 740
adjustment.
Chiefs of mission salaries..... PL 96-465 Sec 401..... 730
Consular agents salaries....... PL 96-465 Sec 409..... 738
Death gratuity................. PL 96-465 Sec 413..... 740
Imprisoned foreign national PL 96-465 Sec 410..... 738
employees.
Local compensation plans....... PL 96-465 Sec 408..... 736
Performance pay................ PL 96-465 Sec 405..... 733
PL 105-277 Sec 2311(a) 298
Performance pay for senior PL 103-236 Sec 173.... 340
positions.
Personnel abroad who perform PL 96-465 Sec 407..... 735
routine duties.
Salary classes for senior EO 12293 Sec 4........ 909
positions.
Salary schedule................ PL 96-465 Sec 403..... 732
Secretary of State authority... EO 12293 Sec 5........ 910
Senior Foreign Service......... PL 96-465 Sec 402..... 731
Special differentials for PL 96-465 Sec 412..... 739
officers required to perform
substantial additional work.
Temporary service as principal PL 96-465 Sec 411..... 739
officer.
Within-class increases......... PL 96-465 Sec 406..... 735
Saving provisions................ PL 96-465 Sec 2401.... 868
Secretary of State functions..... EO 12293.............. 909
Secretary of State's PL 96-465 Sec 201..... 716
responsibilities.
Security, appropriations PL 99-93 Sec 104...... 571
authorization, 1986.
Selection board recommendations, PL 96-465 Sec 605..... 747
implementation of.
Selection board review........... PL 96-465 Sec 603..... 746
Selection boards................. PL 96-465 Sec 602..... 745
Separation for cause............. PL 96-465 Sec 610..... 751
Service in the United States and PL 96-465 Sec 504..... 743
abroad.
Special agents authority......... PL 84-885 Sec 37...... 44
Special annuity for officers PL 95-105 Sec 411..... 648
selected-out from the Foreign
Service.
Subsistence expense payments..... PL 84-885 Sec 32...... 35
Survivors of terrorist attacks PL 106-113 Sec 340.... 259
overseas, compensation for.
Tangible personal property PL 84-885 Sec 25(d)... 30
acceptance.
Foreign Service--Continued
Temporary details................ PL 96-465 Sec 505..... 743
Termination of appointments of PL 96-465 Sec 613..... 752
consular agents and foreign
national employees.
Termination of limited PL 96-465 Sec 612..... 752
appointments.
Thomas Jefferson Star for Foreign PL 84-885 Sec 36A..... 43
Service.
Tibetan language training PL 107-228 Sec 619.... 187
requirement.
Tort claims payments............. PL 105-277 Sec 409.... 696
Training authorities............. PL 96-465 Sec 704..... 756
Training facility, repeal of PL 105-277 Sec 2219... 290
provision.
Training for officers............ PL 96-465 Sec 708..... 759
Training grants.................. PL 96-465 Sec 705..... 758
Travel expenses.................. PL 96-465 Sec 901..... 825
Travel pay....................... PL 84-885 Sec 32...... 35
Travel reports................... PL 105-277 Sec 2505... 303
Vehicle use...................... PL 84-885 Sec 28...... 31
Visiting Scholars Program........ PL 96-465 Sec 707..... 758
Voting rights.................... PL 96-465 Sec 906..... 830
Foreign Service Act of 1980........ PL 96-465............. 706
Definitions...................... PL 96-465 Sec 102..... 712
Findings......................... PL 96-465 Sec 101..... 710
Foreign Service of the United PL 96-465 Title I..... 710
States.
Transition....................... PL 96-465 Title II.... 862
Foreign Service Buildings Act of PL 69-186............. 1299
1926.
Act of May 25, 1938
Appropriations authorization... PL 75-543............. 1308
Act of July 25, 1946
Appropriations authorization... PL 75-543............. 1309
Appropriations authorization..... PL 69-186 Sec 4....... 1300
Contract award eligibility....... PL 69-186 Sec 11...... 1306
Leasehold authorizations......... PL 69-186 Sec 6....... 1305
Leases........................... PL 69-186 Sec 10...... 1305
Report........................... PL 69-186 Sec 12...... 1307
Secretary of State authorizations PL 69-186............. 1299
PL 69-186 Sec 5....... 1304
PL 69-186 Sec 9....... 1305
Use of buildings................. PL 69-186 Sec 3....... 1300
Foreign Service Institute
Appropriations authorization, PL 102-138 Sec 101(c). 408
1992 and 1993.
Foreign Service Retirement PL 94-350............. 902
Amendments of 1976.
Foreign travel
Reports.......................... PL 105-277 Sec 2505... 303
Free media. See also Broadcasting,
international
Appropriations authorization..... PL 108-458 Sec 7108(d) 100
Enhancing free and independent PL 108-458 Sec 7108(b) 99
media.
Establishment of media network... PL 108-458 Sec 7108(c) 100
Grants for media network......... PL 108-458 Sec 7108(d) 101
Promotion of United States values PL 108-458 Sec 7108(a) 99
through broadcast media.
Report........................... PL 108-458 Sec 7120(b) 111
Freedom Investment Act of 2002..... PL 107-228............ 194
Human rights activities.......... PL 107-228 Sec 663.... 195
Human Rights and Democracy Fund.. PL 107-228 Sec 664.... 195
Purposes of...................... PL 107-228 Sec 662.... 194
Freedom of Information Act
Foreign Relations of the United PL 84-885 Sec 405(b).. 91
States historical series.
Open Skies Treaty data exemption. PL 103-236 Sec 533.... 374
Freedom of the press
Responsibility of foreign PL 99-93 Sec 138...... 578
missions.
FREEDOM Support Act................ PL 102-511............ 1626
Exchanges and training programs.. PL 102-511 Sec 807.... 1627
International Development Law PL 102-511 Sec 805.... 1627
Institute.
FREEDOM Support Act--Continued
New diplomatic posts in the PL 102-511 Sec 802.... 1626
Independent States of the Former
Soviet Union.
Positions at United States PL 102-511 Sec 804.... 1626
missions.
Fulbright Academic Exchange
Programs
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 301.... 1513
1992 and 1993.................. PL 102-138 Sec 221.... 1495
PL 102-138 Sec 222.... 1495
1994 and 1995.................. PL 103-236 Sec 201.... 1477
1998 and 1999.................. PL 105-227 Sec 2401... 1468
2000 and 2001.................. PL 106-113 Sec 104.... 234
2003........................... PL 107-228 Sec 112.... 158
Fulbright-Hays Act................. PL 87-256............. 1557
Administration of................ EO 11034.............. 1589
Authority delegation........... EO 11034 Sec 5........ 1591
Definition..................... EO 11034 Sec 9........ 1593
Department of Commerce EO 11034 Sec 3........ 1590
functions.
Department of Education EO 11034 Sec 4........ 1591
functions.
Department of State functions.. EO 11034 Sec 1........ 1589
Functions reserved to the EO 11034 Sec 7........ 1591
President.
Policy guidance................ EO 11034 Sec 6........ 1591
Prior directives and actions... EO 11034 Sec 11....... 1593
References to orders and Acts.. EO 11034 Sec 10....... 1593
United States Information EO 11034 Sec 2........ 1590
Agency functions.
Waivers........................ EO 11034 Sec 8........ 1592
Agreements with foreign PL 87-256 Sec 103..... 1561
governments and international
organizations.
Appropriations authorization..... PL 87-256 Sec 105..... 1565
Authorizations................... PL 87-256 Sec 102..... 1558
PL 87-256 Sec 108..... 1568
Bureau of Educational and
Cultural Affairs
Allocation of funds............ PL 87-256 Sec 114..... 1576
Establishment of............... PL 87-256 Sec 112..... 1570
Delegation of powers............. PL 87-256 Sec 104..... 1562
Exchanges between United States PL 87-256 Sec 113..... 1575
and the Independent States of
the Former Soviet Union.
Federal employee acceptance of PL 87-256 Sec 108A.... 1569
grants and assistance.
J. William Fulbright Foreign PL 87-256 Sec 106..... 1566
Scholarship Board.
Reports.......................... PL 87-256 Sec 107..... 1568
Statement of purpose............. PL 87-256 Sec 101..... 1558
Working Group on United States PL 87-256 Sec 112(g).. 1573
Government Sponsored
International Exchanges and
Training.
G
GAO. See Government Accountability
Office
General Accounting Office. See
Government Accountability Office
Geographic Bureaus
Appropriations authorization, PL 102-138 Sec 101(c). 408
1992 and 1993.
George P. Shultz National Foreign
Affairs Training Center
Foreign Service member training.. PL 96-465 Sec 701..... 753
Germany
Congress-Bundestag Exchange
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Germany--Continued
German Foundation ``Remembrance, PL 107-228 Sec 704.... 209
Responsibility, and the Future''.
United States citizens victimized PL 103-236 Sec 535.... 375
during World War II, sense of
Congress.
USIA teenage exchange
Appropriations authorization, PL 98-164 Sec 211..... 1527
1984 and 1985.
Gifts and decorations. See Foreign
gifts and decorations
Global Anti-Semitism Review Act of PL 108-332............ 141
2004.
Findings......................... PL 108-332 Sec 2...... 141
Report........................... PL 108-332 Sec 4...... 142
Sense of Congress................ PL 108-332 Sec 3...... 142
Government Accountability Office
Diplomatic and Consular Service PL 84-885 Sec 20...... 25
audits.
National Endowment for Democracy PL 101-246 Sec 212.... 1504
study.
Nonimmigrant alien information PL 107-173 Sec 602.... 1080
requirements, study of.
United States Commission on PL 100-204 Sec 728.... 540
Improving the Effectiveness of
the United Nations audits.
Government Secrecy, Commission on
Protecting and Reducing
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Protection and Reduction of PL 103-236............ 398
Government Secrecy Act.
Compensation for Commission PL 103-236 Sec 908.... 401
members.
Composition of Commission...... PL 103-236 Sec 904.... 399
Final report of Commission..... PL 103-236 Sec 910.... 402
Findings....................... PL 103-236 Sec 902.... 398
Functions of Commission........ PL 103-236 Sec 905.... 400
Powers of Commission........... PL 103-236 Sec 906.... 400
Purpose........................ PL 103-236 Sec 903.... 399
Security clearances for PL 103-236 Sec 909.... 402
Commission members.
Staff of Commission............ PL 103-236 Sec 907.... 401
Travel expenses for Commission PL 103-236 Sec 908.... 401
members.
Great Lakes Fishery Commission
Appropriations authorization, PL 102-138 Sec 177.... 429
1992 and 1993.
Gulf of Mexico
Emergency Supplemental PL 109-148............ 687
Appropriations Act To Address
Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006.
H
Haiti
Denial of visas for persons PL 105-277 Sec 616.... 699
involved in political killings.
Frozen or blocked assets, report PL 103-236 Sec 511.... 359
on use of.
Government actions, repeal of PL 105-277 Sec 2219... 290
provisions.
Military assistance, repeal of PL 105-277 Sec 2219... 290
provisions.
Refugee assistance............... EO 12341.............. 1402
Refugee Education Assistance Act
of 1980.
Authorities for programs and PL 96-422 Sec 501..... 1398
activities.
Haiti--Continued
Refugees and entrants, costs to PL 97-241 Sec 502..... 617
assist, report.
Haitian Refugee Immigration PL 105-277............ 1382
Fairness Act of 1998.
Adjustment of status of nationals
Application of Immigration and PL 105-277 Sec 902(h). 1385
Nationality Act provisions.
Availability of administrative PL 105-277 Sec 902(e). 1385
review.
Effect on eligibility for PL 105-277 Sec 902(i). 1385
welfare and public benefits.
Eligibility.................... PL 105-277 Sec 902(b). 1383
General provisions............. PL 105-277 Sec 902(a). 1382
Limitation on judicial review.. PL 105-277 Sec 902(f). 1385
No offset in number of visas PL 105-277 Sec 902(g). 1385
available.
Period of applicability........ PL 105-277 Sec 902(j). 1386
Reports........................ PL 105-277 Sec 902(k). 1386
Spouses and children........... PL 105-277 Sec 902(d). 1384
Stay of removal................ PL 105-277 Sec 902(c). 1383
Detained aliens, collection of PL 105-277 Sec 904.... 1387
data on.
Detained asylum seekers, PL 105-277 Sec 903.... 1386
collection of data on.
Health and Human Services,
Secretary of
Birth certificates
Grants to States for assistance PL 108-458 Sec 7211(c) 133
in meeting Federal standards.
Minimum standards for.......... PL 108-458 Sec 7211(b) 132
Health benefits
Foreign Service health care PL 96-465 Sec 904..... 828
program.
Health research, international
Ethical issues................... PL 107-228 Sec 228.... 170
PL 107-228 Sec 228.... 1460
Herbicides
Containing dioxin compounds, use PL 98-164 Sec 135..... 601
by international commissions.
High intelligence threat countries
Personnel security program for PL 100-204 Sec 155(b). 524
embassies.
Hispanic Americans
Foreign Service and State PL 101-246 Sec 153(e). 471
Department recruitment.
Foreign Service recruitment...... PL 103-236 Sec 101.... 325
Historic and artistic furnishings
State Department protection of... PL 84-885 Sec 41...... 49
HIV/AIDS
Defined.......................... PL 84-885 Sec 1(f).... 14
Research appropriations PL 107-228 Sec 112.... 158
authorization, 2003.
Response Coordinator authority PL 84-885 Sec 1(f).... 13
and duties.
United Nations activities, sense PL 107-228 Sec 689.... 201
of Congress.
Holocaust victims
Return of portraits to artist PL 107-228 Sec 705.... 210
Dina Babbitt.
Homeland Security, Department of
Biometric entry and exit data PL 108-458 Sec 7207... 123
system.
Counterterrorist travel PL 108-458 Sec 7201(d) 116
intelligence training program.
Intelligence activities
Duties and responsibilities.... EO 12333 Sec 1.10..... 967
Terrorist travel program......... PL 108-458 Sec 7215... 134
Honduras
Terrorist bombing in............. PL 100-204 Sec 1213... 552
Hong Kong, Indochinese refugees in
Indochinese refugee assistance PL 102-138 Sec 104.... 414
appropriations authorization,
1992 and 1993.
Policy toward, sense of Congress. PL 102-138 Sec 357.... 442
Hostage Relief Act of 1980......... PL 96-449............. 1198
Authority delegation............. EO 12268.............. 1206
International Red Cross visits to PL 96-449 Sec 301..... 1205
hostages in Iran.
Special personnel benefits
Colombian hostage, PL 96-449 Sec 106..... 1201
applicability to.
Definitions.................... PL 96-449 Sec 101..... 1198
Education and training......... PL 96-449 Sec 104..... 1200
Medical and health care and PL 96-449 Sec 103..... 1199
related expenses.
Pay and allowances allotted to PL 96-449 Sec 102..... 1199
special savings fund.
Soldiers' and Sailors' Civil PL 96-449 Sec 105..... 1201
Relief Act of 1940, extension
of applicability of benefits.
Tax provisions
Compensation excluded from PL 96-449 Sec 201..... 1202
gross income.
Definitions and special rules.. PL 96-449 Sec 205..... 1203
Income taxes of hostage where PL 96-449 Sec 202..... 1202
death results from captive
status.
Joint return filing by spouse.. PL 96-449 Sec 203..... 1202
Tax treatment of hostages, PL 96-449 Sec 206..... 1205
study of.
Time for performing certain PL 96-449 Sec 204..... 1203
acts postponed by reason of
captive status.
Housing benefits
Department of State limitations.. PL 101-246 Sec 156.... 473
Housing allowances of PL 100-204 Sec 703.... 535
international civil servants.
United States mission to United PL 102-138 Sec 174.... 427
Nations.
Hubert H. Humphrey Fellowship
Program
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 301.... 1513
1992 and 1993.................. PL 102-138 Sec 221.... 1495
Sense of Congress................ PL 101-246 Sec 226.... 1506
Human rights. See also Democracy,
Human Rights, and Labor, Bureau of
Asian-Pacific Regional Human PL 100-204 Sec 747.... 541
Rights Convention, report.
Assistant Secretary of State for PL 95-105 Sec 109..... 647
Human Rights and Humanitarian
Affairs.
Assistant Secretary of State for PL 84-885 Sec 1(c).... 11
Democracy, Human Rights, and
Labor.
Cambodia
Atrocities in.................. PL 95-426 Sec 610..... 641
Right of self-determination.... PL 100-204 Sec 1244... 562
Cambodian Genocide Justice Act
Establishment of State PL 103-236 Sec 573.... 381
Department Office.
Policy......................... PL 103-236 Sec 572.... 381
Reporting requirement.......... PL 103-236 Sec 574.... 382
Cuba
Policy regarding abuses in..... PL 101-246 Sec 1006... 502
Violations and failure to be PL 100-204 Sec 1211... 551
placed on United Nations human
rights agenda.
East Timor
Abuses in, sense of Congress... PL 102-138 Sec 359.... 442
Ethiopia......................... PL 100-204 Sec 1221... 553
Freedom Investment Act of 2002
Activities..................... PL 107-228 Sec 663.... 195
Human Rights and Democracy Fund PL 107-228 Sec 664.... 195
Human rights--Continued
Freedom Investment Act of 2002--
Continued
Purposes of.................... PL 107-228 Sec 662.... 194
Funding restrictions related to PL 109-108 Sec 624.... 683
torture by any official or
contract employee of the United
States Government.
Human rights treaties
Cooperation among executive EO 13107 Sec 5........ 999
departments and agencies.
Implementation of obligations.. EO 13107 Sec 1........ 997
Inquiries and complaints....... EO 13107 Sec 3........ 998
Interagency Working Group on EO 13107 Sec 4........ 998
Human Rights Treaties.
Judicial review, scope, and EO 13107 Sec 6........ 999
administration.
Responsibility of executive EO 13107 Sec 2........ 997
departments and agencies.
Indonesia
Violations in, sense of PL 107-228 Sec 703.... 209
Congress.
Iran
Persecution of the Baha'is..... PL 100-204 Sec 1236... 558
Violations..................... PL 100-204 Sec 1235... 557
Laos
Report and policy concerning PL 105-277 Sec 2806... 309
violations.
Northern Ireland................. PL 107-228 Sec 701.... 206
Paraguay......................... PL 100-204 Sec 1214... 552
People's Republic of China
Findings....................... PL 106-113 Sec 871.... 268
Increased diplomatic post PL 106-113 Sec 872.... 269
personnel to report on matters.
PL 100-204 Sec 1243... 559
PL 100-204 Sec 1245... 563
PL 101-246 Sec 901.... 492
PL 101-246 Sec 902.... 496
Reports........................ PL 102-138 Sec 303.... 435
Promotion at international PL 108-458 Sec 7111... 102
organizations.
Protection of women's rights..... PL 103-236 Sec 142.... 338
Refugee and migration assistance PL 103-236 Sec 501(c). 355
requirements.
Romania
Observance by Government of PL 100-204 Sec 1205... 550
human rights of Hungarians in
Transylvania.
Uganda
Atrocities in.................. PL 95-426 Sec 610..... 641
United States-Vietnam dialogue PL 107-228 Sec 702.... 208
meetings, annual reports.
Human Rights, Refugee, and Other PL 104-319............ 1473
Foreign Relations Provisions Act
of 1996.
Burma
Educational and cultural PL 104-319 Sec 103.... 1474
exchanges and scholarships.
Educational and cultural exchange PL 104-319 Sec 102.... 1473
programs, conduct of.
International Boundary and Water PL 104-319 Sec 104.... 1475
Commission.
Tibet
Educational and cultural PL 104-319 Sec 103.... 1474
exchanges and scholarships.
Human Smuggling and Trafficking
Center
Assistance to.................... PL 108-458 Sec 7201(b) 115
Establishment of................. PL 108-458 Sec 7202... 118
Visa and Passport Security PL 108-458 Sec 7218(c) 136
Program.
Humanitarian relief
Food as a human right............ PL 103-236 Sec 503.... 355
Humanitarian relief--Continued
Iraq
Appropriations authorization, PL 105-277 Sec 2812(c) 313
1998.
Humphrey Fellowship Program. See
Hubert H. Humphrey Fellowship
Program
Hungary
United States Embassy in......... PL 100-204 Sec 164.... 526
Hurricanes
Emergency Supplemental PL 109-148............ 687
Appropriations Act To Address
Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006.
I
IDCA. See International Development
Cooperation Agency
IMF. See International Monetary
Fund
Immigration. See also Aliens;
Enhanced Border Security and Visa
Entry Reform Act of 2002;
Migration and refugee assistance;
Visas
Amerasian children in Vietnam.... PL 100-204 Sec 905.... 546
Biometric entry and exit data PL 108-458 Sec 7208... 123
system.
Birth abroad of United States
citizen
Application for consular report 22 CFR 50.5........... 1219
of.
Certification of report of..... 22 CFR 50.8........... 1221
Consular report of............. 22 CFR 50.7........... 1220
Chinese Student Protection Act of
1992
Adjustment to lawful permanent PL 102-404 Sec 2...... 1404
resident status.
Criminal history records access.. PL 107-56 Sec 403..... 1093
Cuban nationals, processing for PL 100-204 Sec 903.... 544
admission to the United States.
Cuban political prisoners and
immigrants
Appropriations authorization... PL 100-202 Sec 101.... 1396
Processing political prisoners PL 100-202 Sec 702.... 1396
as refugees.
El Salvador
Extended voluntary departure PL 98-164 Sec 1012.... 607
status.
Haitian Refugee Immigration PL 105-277 Title IX... 1382
Fairness Act of 1998.
Adjustment of status of PL 105-277 Sec 902.... 1382
nationals.
Detained aliens, collection of PL 105-277 Sec 904.... 1387
data on.
Detained asylum seekers, PL 105-277 Sec 903.... 1386
collection of data on.
Immigration Reform and Control
Act of 1986
Commission for the Study of PL 99-603 Sec 601..... 1365
International Migration and
Cooperative Economic
Development.
Irish Peace Process Cultural and
Training Program Act
Temporary nonimmigrant visa.... PL 105-319 Sec 2(b)... 1377
Nationality
Renunciation................... 22 CFR 50.50.......... 1224
Resumption..................... 22 CFR 50.30.......... 1222
Retention...................... 22 CFR 50.20.......... 1222
Nationality procedures
Definitions.................... 22 CFR 50.1........... 1218
Identity card.................. 22 CFR 50.9........... 1221
Identity certificate........... 22 CFR 50.11.......... 1221
Loss of nationality, 22 CFR 50.40.......... 1223
certification of.
Nationality certificate........ 22 CFR 50.10.......... 1221
Immigration--Continued
Nationality procedures--Continued
Notice of right to appeal loss 22 CFR 50.51.......... 1224
of nationality.
Passport application........... 22 CFR 50.4........... 1219
Persons abroad, determination 22 CFR 50.2........... 1219
of United States nationality.
Registration application....... 22 CFR 50.3........... 1219
Registration at the Department 22 CFR 50.6........... 1220
of birth abroad.
Nicaraguan Adjustment and Central PL 105-100............ 1389
American Relief Act.
Adjustment of status for PL 105-100 Sec 202.... 1389
Nicaraguans and Cubans.
Limitation on cancellations of PL 105-100 Sec 204.... 1394
removal and suspensions of
deportation.
Suspension of deportation, PL 105-100 Sec 203.... 1393
modification of transitional
rules.
Soviet and Indochinese parolees,
adjustment of status
Appropriations authorization... PL 101-167............ 1418
Date of approval............... PL 101-167 Sec 599E(d) 1420
Eligibility.................... PL 101-167 Sec 599E(b) 1419
General provisions............. PL 101-167 Sec 599E(a) 1419
No offset in number of visas PL 101-167 Sec 599E(3) 1420
available.
Waiver of certain grounds for PL 101-167 Sec 599E(c) 1420
inadmissibility.
Soviet Scientists Immigration Act
of 1992
Classification of independent PL 102-509 Sec 4...... 1416
states scientists as having
exceptional ability.
Definitions.................... PL 102-509 Sec 2...... 1416
Job offer requirement waiver... PL 102-509 Sec 3...... 1416
Syrian nationals--adjustment of
immigration status
Findings....................... PL 106-378 Sec 1...... 1374
Requirements................... PL 106-378 Sec 2...... 1374
Taiwan
Visas for officials............ PL 103-416 Sec 221.... 1403
Immigration and Nationality Act.... PL 82-414............. 1342
Cuban refugees, adjustment of PL 89-732 Sec 4....... 1401
status.
Foreign terrorist organizations
Definitions.................... PL 82-414 Sec 219(c).. 1357
Designation of................. PL 82-414 Sec 219(a).. 1355
PL 108-458 Sec 7119... 109
Judicial review of designation. PL 82-414 Sec 219(b).. 1357
Haitian nationals, adjustment of PL 105-277 Sec 902(h). 1385
status.
Indochina refugees, status PL 95-145 Sec 107..... 1413
adjustment.
Nicaraguans and Cubans, PL 105-100 Sec 202(h). 1393
adjustment of status.
Secretary of State, powers and PL 82-414 Sec 104..... 1342
duties of.
Visa waiver program
Authority...................... PL 82-414 Sec 217(d).. 1351
Carrier agreements............. PL 82-414 Sec 217(e).. 1351
Denial of waiver dispute....... PL 82-414 Sec 217(g).. 1353
Designation of program PL 82-414 Sec 217(c).. 1346
countries.
Duration and termination of PL 82-414 Sec 217(f).. 1352
designation.
Emergency termination.......... PL 82-414 Sec 217(c).. 1349
Establishment of............... PL 82-414 Sec 217(a).. 1344
Information technology systems. PL 82-414 Sec 217(h).. 1353
Waiver of rights............... PL 82-414 Sec 217(b).. 1346
Visas
Application for................ PL 82-414 Sec 222..... 1361
Issuance of.................... PL 82-414 Sec 221..... 1358
Immigration and Naturalization
Service
Criminal history records access PL 107-56 Sec 403..... 1093
of applicants for admission to
the United States.
Technology and infrastructure
improvements
Appropriations authorization... PL 107-173 Sec 102.... 1064
Immigration Security Initiative.... PL 108-458 Sec 7206... 123
Immunities
Authorities...................... PL 84-885 Sec 210..... 80
Imports
Convention on Cultural Property
Implementation Act
Emergency implementation of PL 97-446 Sec 304..... 1669
restrictions.
Restrictions................... PL 97-446 Sec 307..... 1674
Exemption from judicial seizure PL 89-259............. 1661
of cultural objects imported for
temporary exhibition.
International materials, sense of PL 93-475 Sec 14...... 662
Congress.
Objects of cultural significance. EO 12047.............. 1662
United States origin ``curios or PL 109-108 Sec 630.... 684
relics'' firearms, parts, or
ammunition.
Independent States of the Former
Soviet Union. See also individual
countries
Adjustment of status for parolees
Appropriations authorization... PL 101-167............ 1418
Date of approval............... PL 101-167 Sec 599E(d) 1420
Eligibility.................... PL 101-167 Sec 599E(b) 1419
General provisions............. PL 101-167 Sec 599E(a) 1419
No offset in number of visas PL 101-167 Sec 599E(e) 1420
available.
Waiver of certain grounds for PL 101-167 Sec 599E(c) 1420
inadmissibility.
Bring Them Home Alive Act of 2000 PL 106-484 Sec 5...... 1373
definition.
Educational and cultural PL 87-256 Sec 113..... 1575
exchanges with United States.
FREEDOM Support Act.............. PL 102-511............ 1626
Exchanges and training programs PL 102-511 Sec 807.... 1627
International Development Law PL 102-511 Sec 805.... 1627
Institute.
New diplomatic posts........... PL 102-511 Sec 802.... 1626
Positions at United States PL 102-511 Sec 804.... 1626
missions.
Law and business training program
for graduate students
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
PL 102-138 Sec 227(d). 1633
Congressional Budget Act PL 102-138 Sec 227(e). 1633
compliance.
Designation of program and PL 102-138 Sec 227(f). 1633
scholarships.
Guidelines..................... PL 102-138 Sec 227(c). 1632
Scholarship program authority.. PL 102-138 Sec 227(b). 1632
Statement of purpose........... PL 102-138 Sec 227(a). 1631
Muskie Fellowships. See Edmund S.
Muskie Fellowship Program
Research and Training for Eastern PL 98-164............. 1638
Europe and the Independent
States of the Former Soviet
Union Act of 1983.
Advisory Committee PL 98-164 Sec 804..... 1639
establishment.
Applications................... PL 98-164 Sec 806..... 1642
Authority to make payments..... PL 98-164 Sec 805..... 1640
Declarations................... PL 98-164 Sec 802..... 1638
Definitions.................... PL 98-164 Sec 803..... 1639
Independent States of the Former
Soviet Union--Continued
Research and Training for Eastern
Europe and the Independent
States of the Former Soviet
Union Act of 1983--Continued
Federal control of education PL 98-164 Sec 808..... 1642
prohibited.
Findings....................... PL 98-164 Sec 802..... 1638
Funds allocation............... PL 98-164 Sec 809..... 1643
Payments to eligible PL 98-164 Sec 806..... 1642
organizations.
Report......................... PL 98-164 Sec 807..... 1642
Russian military operations in, PL 103-236 Sec 528.... 370
report.
India
Export of nuclear-related PL 98-164 Sec 1007.... 604
equipment, materials, and
technology, policy toward.
Tibetan refugees in
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(c). 163
United States-India Fund for PL 98-164............. 1644
Cultural, Educational, and
Scientific Cooperation Act.
Allocation of rupees for EO 12517 Sec 2........ 1646
investment to generate
earnings.
Fund establishment............. PL 98-164 Sec 902..... 1644
Secretary of State functions... EO 12517 Sec 1........ 1646
Use of United States owned PL 98-164 Sec 903..... 1645
rupees to capitalize Fund.
Indochinese Refugee Resettlement PL 100-202............ 1407
and Protection Act of 1987
Allocations of refugee admissions PL 100-202 Sec 802(c). 1409
Appropriations authorization..... PL 100-202 Sec 101.... 1407
Declarations..................... PL 100-202 Sec 804.... 1410
Findings......................... PL 100-202 Sec 804.... 1410
PL 100-202 Sec 802(a). 1407
International solutions to PL 100-202 Sec 802(d). 1409
refugee problems.
Recommendations.................. PL 100-202 Sec 802(b). 1408
Reporting requirement............ PL 100-202 Sec 803.... 1410
Indonesia
Human rights violations in, sense PL 107-228 Sec 703.... 209
of Congress.
Infants
International Code of Marketing PL 97-241 Sec 504..... 617
of Breastmilk Substitutes.
Information. See Broadcasting,
international; United States
Information Agency
Information and Educational PL 80-402............. 1429
Exchange Act of 1948.
Acceptance of office under PL 80-402 Sec 303..... 1433
another government.
Advisory commissions to formulate PL 80-402 Title VI.... 1440
policies.
Advisory Commission on Public PL 80-402 Sec 604..... 1442
Diplomacy.
Creation of.................... PL 80-402 Sec 601..... 1440
Membership..................... PL 80-402 Sec 602..... 1441
Recommendations................ PL 80-402 Sec 603..... 1441
Reports........................ PL 80-402 Sec 603..... 1441
Authority delegation............. PL 80-402 Sec 1002.... 1453
Books and materials.............. PL 80-402 Sec 202..... 1431
Definitions...................... PL 80-402 Sec 4....... 1430
Funds provided by other sources
Advance of..................... PL 80-402 Sec 902..... 1452
Information and Educational
Exchange Act of 1948--Continued
Funds provided by other sources--
Continued
Reimbursement.................. PL 80-402 Sec 901..... 1452
Funds transfer................... PL 80-402 Sec 702..... 1444
Government agencies
Authority...................... PL 80-402 Sec 401..... 1433
PL 80-402 Sec 802..... 1446
PL 80-402 Sec 804..... 1448
Disability or death PL 80-402 Sec 809..... 1451
compensation.
English-teaching program fees.. PL 80-402 Sec 810..... 1451
Maximum use of existing PL 80-402 Sec 803..... 1448
government property and
facilities.
Passenger motor vehicles, PL 80-402 Sec 806..... 1450
replacement of.
Public diplomacy posts and PL 80-402 Sec 812..... 1452
personnel overseas.
Travel expenses................ PL 80-402 Sec 805..... 1450
Information about the United
States, disseminating abroad
Authorization.................. PL 80-402 Sec 501..... 1435
Policies governing activities.. PL 80-402 Sec 502..... 1437
USIA satellite and television.. PL 80-402 Sec 505..... 1438
Voice of America/Europe........ PL 80-402 Sec 504..... 1438
Voice of America hiring PL 80-402 Sec 506..... 1439
practices.
Informational media guaranties... PL 80-402 Sec 1011.... 1454
Institutions, assistance to...... PL 80-402 Sec 203..... 1431
National security measures....... PL 80-402 Sec 1012.... 1456
Objectives....................... PL 80-402 Sec 2....... 1430
Policy governing services........ PL 80-402 Sec 403..... 1434
Private agencies utilization..... PL 80-402 Sec 1005.... 1453
Radio Free Europe and Radio PL 80-402 Sec 703..... 1444
Liberty, authorization for
grants.
Repeal of Act of May 25, 1938.... PL 80-402 Sec 1004.... 1453
Restricted information........... PL 80-402 Sec 1003.... 1453
Secretary of State authority..... PL 80-402 Sec 801..... 1445
Separability of provisions....... PL 80-402 Sec 1010.... 1454
Specialists, assignment of....... PL 80-402 Sec 301..... 1432
Status and allowances for PL 80-402 Sec 302..... 1432
specialists.
Technical and other services..... PL 80-402 Sec 402..... 1434
Termination pursuant to PL 80-402 Sec 1006.... 1454
concurrent resolution of
Congress.
United Nations, United States PL 80-402 Sec 3....... 1430
participation.
Veterans' Preference Act PL 80-402 Sec 1007.... 1454
provisions.
Information offices
Located in the United States, PL 95-105 Sec 504..... 651
sense of Congress.
Information policy
Funding for additional positions. PL 98-164 Sec 104..... 593
Secretary of State authority..... PL 84-885 Sec 35...... 37
Systematic information-sharing... PL 95-426 Sec 122..... 630
Information Sharing Council........ EO 13388 Sec 5........ 1211
Information technology
Centralized modernization program
Appropriations authorization, PL 109-108 Title IV... 672
2006.
Informational, Educational, and PL 105-277............ 1468
Cultural Programs Authorization,
FY 1998 and 1999.
Burma
Educational and cultural PL 105-277 Sec 2415... 1471
exchanges and scholarships.
Edmund S. Muskie Fellowship PL 105-277 Sec 2413... 1470
Program.
International programs........... PL 105-277 Sec 2401... 1468
Iran
Radio broadcasting in Farsi.... PL 105-277 Sec 2417... 1471
Informational, Educational, and
Cultural Programs Authorization,
FY 1998 and 1999--Continued
Permanent administrative PL 105-277 Sec 2419... 1472
authorities regarding
appropriations.
Retention of interest............ PL 105-277 Sec 2411... 1470
Summer travel and work programs, PL 105-277 Sec 2418... 1471
authority to administer.
Surrogate broadcasting study..... PL 105-277 Sec 2416... 1471
Tibet
Educational and cultural PL 105-277 Sec 2415... 1471
exchanges and scholarships.
Voice of America broadcasts...... PL 105-277 Sec 2420... 1472
Informational, Educational, and PL 106-113............ 1462
Cultural Programs Authorization,
FY 2000 and 2001.
Burma
Educational and cultural PL 106-113 Sec 401.... 1462
exchanges and scholarships.
Public Diplomacy, United States
Advisory Commission on
Sunset of...................... PL 106-113 Sec 1334... 1463
Royal Ulster Constabulary PL 106-113 Sec 405.... 1463
Training.
Russian and Ukrainian Business
Management Education
Appropriations................. PL 106-113 Sec 426.... 1467
Authorization.................. PL 106-113 Sec 423.... 1465
Definitions.................... PL 106-113 Sec 422.... 1465
Purpose........................ PL 106-113 Sec 421.... 1465
Restrictions................... PL 106-113 Sec 425.... 1467
Technical assistance........... PL 106-113 Sec 424.... 1466
Tibet
Educational and cultural PL 106-113 Sec 401.... 1462
exchanges and scholarships.
Inman Report....................... PL 102-138 Sec 136.... 421
INS. See Immigration and
Naturalization Service
Inspector General, Office of
Appropriations authorization
1990 and 1991.................. PL 101-246 Sec 101(a). 456
1992 and 1993.................. PL 102-138 Sec 101.... 407
PL 102-138 Sec 201.... 1490
1994 and 1995.................. PL 103-236 Sec 101.... 324
PL 103-236 Sec 201.... 1477
1998 and 1999.................. PL 105-277 Sec 2101... 280
2000 and 2001.................. PL 106-113 Sec 101.... 230
2003........................... PL 107-228 Sec 111.... 157
2006........................... PL 109-108 Title IV... 673
Audit of State Department PL 84-885 Sec 4(c).... 20
emergency expenditures.
Authority of..................... PL 96-465 Sec 209(e).. 722
Certification.................... PL 103-236 Sec 401(b). 345
Definition....................... PL 103-236 Sec 401(d). 346
Performance pay, review of PL 100-204 Sec 175.... 529
programs.
Personnel investigations, State PL 105-277 Sec 2208... 286
Department.
PL 106-113 Sec 339.... 258
Responsibilities of.............. PL 96-465 Sec 209..... 718
Specialized agencies, access to PL 103-236 Sec 401(c). 346
records and officials.
Technical security and PL 102-138 Sec 193.... 431
counterintelligence capabilities
study.
Withholding of assessed PL 103-236 Sec 401(a). 345
contributions, 1994 and 1995.
Institute of Peace. See United
States Institute of Peace
Integrated Automated Fingerprint
Identification System
Report........................... PL 107-56 Sec 405..... 1095
Intellectual property
World Intellectual Property PL 98-164 Sec 112..... 595
Organization.
Intelligence activities. See also EO 12333.............. 957
Electronic surveillance; Foreign
Intelligence Surveillance Act of
1978; Intelligence surveillance
Assassination prohibition........ EO 12333 Sec 2.11..... 974
Attorney General approval........ EO 12333 Sec 2.5...... 973
Attorney General report.......... PL 95-511 Sec 601..... 955
Business records access
Application for................ PL 95-511 Sec 501..... 954
Congressional oversight........ PL 95-511 Sec 502..... 955
Collection of information........ EO 12333 Sec 2.3...... 971
Collection techniques............ EO 12333 Sec 2.4...... 972
Congressional oversight.......... EO 12333 Sec 3.1...... 974
Consistency with other laws...... EO 12333 Sec 2.8...... 974
Contracting...................... EO 12333 Sec 2.7...... 973
Definitions...................... EO 12333 Sec 3.4...... 975
Director of Central Intelligence
Authority strengthening........ EO 13355 Sec 1........ 982
Responsibilities of............ EO 12333 Sec 1.5...... 960
Duties and responsibilities
Central Intelligence Agency.... EO 12333 Sec 1.8...... 966
Department of Defense.......... EO 12333 Sec 1.11..... 967
Department of Energy........... EO 12333 Sec 1.13..... 970
Department of Homeland Security EO 12333 Sec 1.10..... 967
Department of State............ EO 12333 Sec 1.9...... 966
Department of Treasury......... EO 12333 Sec 1.10..... 967
Federal Bureau of Investigation EO 12333 Sec 1.14..... 970
Heads of Executive branch EO 12333 Sec 1.6...... 963
departments and agencies.
Electronic surveillance within
the United States
Authorization during time of PL 95-511 Sec 111..... 934
war.
Authorization for.............. PL 95-511 Sec 102..... 920
Civil liability................ PL 95-511 Sec 110..... 934
Congressional oversight........ PL 95-511 Sec 108..... 933
Definitions.................... PL 95-511 Sec 101..... 916
Information use................ PL 95-511 Sec 106..... 930
Judges designation............. PL 95-511 Sec 103..... 922
Order application.............. PL 95-511 Sec 104..... 922
Order issuance................. PL 95-511 Sec 105..... 925
Penalties...................... PL 95-511 Sec 109..... 933
Report......................... PL 95-511 Sec 107..... 932
Foreign national employees PL 100-204 Sec 158.... 525
engaging in hostile activities,
termination of retirement
benefits.
Goals............................ EO 12333 Sec 1.1...... 958
Human experimentation............ EO 12333 Sec 2.10..... 974
Importance of.................... EO 12333 Sec 2.1...... 971
Indirect participation........... EO 12333 Sec 2.12..... 974
Information on violent crimes PL 105-107 Sec 307.... 1159
abroad, provision to victims and
victims' families, sense of
Congress.
Intelligence Community
Authorities.................... EO 13355 Sec 6........ 983
Personnel standards and EO 13355 Sec 5........ 982
qualifications.
Responsibilities............... EO 12333 Sec 1.4...... 959
Senior officials duties and EO 12333 Sec 1.7...... 964
responsibilities.
Strengthened role in selecting EO 13355 Sec 4........ 982
heads of organizations.
Intelligence activities--Continued
Intelligence Oversight Board
Duties of...................... EO 12863 Sec 2.2...... 979
Establishment of............... EO 12863 Sec 2.1...... 979
Information sharing............ EO 12863 Sec 2.4...... 980
Reports........................ EO 12863 Sec 2.3...... 980
Law enforcement assistance....... EO 12333 Sec 2.6...... 973
National foreign intelligence EO 12333 Sec 1.3...... 959
advisory groups.
National Security Council
Committees..................... EO 12333 Sec 1.2(b)... 959
Purpose of..................... EO 12333 Sec 1.2(a)... 958
Physical searches within the
United States
Application certification...... EO 12949 Sec 3........ 981
Approval authority............. EO 12949 Sec 1........ 981
Authorization during time of PL 95-511 Sec 309..... 947
war.
Authorization of............... PL 95-511 Sec 302..... 936
Civil liability................ PL 95-511 Sec 308..... 946
Congressional oversight........ PL 95-511 Sec 306..... 945
Definitions.................... PL 95-511 Sec 301..... 934
Information use................ PL 95-511 Sec 305..... 943
Order application.............. PL 95-511 Sec 303..... 938
Order issuance................. PL 95-511 Sec 304..... 940
Orders for..................... EO 12949 Sec 2........ 981
Penalties...................... PL 95-511 Sec 307..... 946
President's Foreign Intelligence
Advisory Board
Authority...................... EO 12863 Sec 1.2...... 978
Duties of...................... EO 12863 Sec 1.4...... 979
Establishment of............... EO 12863 Sec 1.1...... 978
Information use................ EO 12863 Sec 3.1...... 980
Intention of order............. EO 12863 Sec 3.4...... 980
Reports........................ EO 12863 Sec 1.3...... 978
Transportation and per diem EO 12863 Sec 3.2...... 980
allowances.
Procedures....................... EO 12333 Sec 3.3...... 975
Purpose and effect............... EO 12333 Sec 3.5...... 977
Purpose of....................... EO 12333 Sec 2.2...... 971
Secretary of Defense
Intelligence components EO 12333 Sec 1.12..... 968
utilized by.
Strengthening the sharing of
information to protect Americans
Collection of information EO 13388 Sec 4........ 1211
inside the United States,
requirements for.
Definitions.................... EO 13388 Sec 6........ 1211
Duties of heads of agencies EO 13388 Sec 2........ 1210
possessing or acquiring
terrorism information.
General provisions............. EO 13388 Sec 7........ 1212
Information Sharing Council.... EO 13388 Sec 5........ 1211
Policy......................... EO 13388 Sec 1........ 1210
Preparing terrorism information EO 13388 Sec 3........ 1211
for maximum distribution.
Undisclosed participation in EO 12333 Sec 2.9...... 974
organizations within the United
States.
Intelligence and Research, Bureau
of
Computer upgrades
Appropriations authorization, PL 103-236 Sec 101.... 325
1995.
Intelligence Authorization Act for
Fiscal Year 1998
Information on violent crimes PL 105-107 Sec 307.... 1159
abroad, provision to victims and
victims' families, sense of
Congress.
Intelligence Community
Senior officials duties and EO 12333 Sec 1.7...... 964
responsibilities.
Intelligence Oversight Board
Duties of........................ EO 12863 Sec 2.2...... 979
Establishment of................. EO 12863 Sec 2.1...... 979
Information sharing.............. EO 12863 Sec 2.4...... 980
Reports.......................... EO 12863 Sec 2.3...... 980
Intelligence Reform and Terrorism PL 108-458............ 1054
Prevention Act of 2004
Aviation security
Advanced airline passenger PL 108-458 Sec 4012... 1054
prescreening, report.
Federal air marshals, PL 108-458 Sec 4017... 1055
international agreements to
allow maximum deployment.
Man-Portable Air Defense PL 108-458 Sec 4026... 1055
Systems.
Federal air marshals, PL 108-458 Sec 4017... 1055
international agreements to
allow maximum deployment.
Intelligence community use of PL 108-458 Sec 8101... 1062
National Infrastructure
Simulation and Analysis Center.
Prevention of terrorist access to PL 108-458 Sec 6902... 1060
destructive weapons.
Terrorism financing, report...... PL 108-458 Sec 6303... 1058
Transportation security.......... PL 108-458 Title IV... 1054
Intelligence surveillance
Pen registers and trap and trace
devices
Authorization during PL 95-511 Sec 403..... 950
emergencies.
Authorization during time of PL 95-511 Sec 404..... 951
war.
Congressional oversight........ PL 95-511 Sec 406..... 953
Definitions.................... PL 95-511 Sec 401..... 947
Information use................ PL 95-511 Sec 405..... 951
Order application and extension PL 95-511 Sec 402..... 947
Inter-American organizations
Sense of Congress................ PL 102-138 Sec 178.... 429
Interagency Security Committee..... EO 12977.............. 1207
Agency support and cooperation... EO 12977 Sec 6........ 1208
Chair of......................... EO 12977 Sec 2........ 1208
Consultation..................... EO 12977 Sec 4........ 1208
Duties and responsibilities...... EO 12977 Sec 5........ 1208
Establishment of................. EO 12977 Sec 1........ 1207
Judicial review.................. EO 12977 Sec 7........ 1209
Working groups................... EO 12977 Sec 3........ 1208
Interagency Working Group on Human
Rights Treaties
Establishment of................. EO 13107 Sec 4........ 998
Internal Oversight Services, Office
of
Authority of..................... PL 103-236 Sec 401(b). 345
International Academic Opportunity PL 106-309............ 1577
Act of 2000
Appropriations authorization..... PL 106-309 Sec 305.... 1578
Grant program for foreign study PL 106-309 Sec 303.... 1577
by United States college
students of limited financial
means.
Report........................... PL 106-309 Sec 304.... 1578
Statement of purpose............. PL 106-309 Sec 302.... 1577
International affairs
Training and education grants.... PL 84-885 Sec 47...... 57
International agreements. See also
Case-Zablocki Act
Coordination and reporting of
Agency-level agreements........ 22 CFR Part 181 Sec 991
181.2(b).
Case-Zablocki Act
Coordination and reporting of 22 CFR Part 181 Sec 988
international agreements. 181.1.
Enforcement of requirements.. PL 100-204 Sec 139.... 516
Certification of............... 22 CFR Part 181 Sec 994
181.6.
Criteria....................... 22 CFR Part 181 Sec 989
181.2.
International agreements--Continued
Coordination and reporting of--
Continued
Determinations................. 22 CFR Part 181 Sec 992
181.3.
Documentation of............... 22 CFR Part 181 Sec 994
181.6.
Extension and modification of 22 CFR Part 181 Sec 991
agreements. 181.2(d).
Implementing agreements........ 22 CFR Part 181 Sec 991
181.2(c).
Oral agreements................ 22 CFR Part 181 Sec 991
181.2(e).
Publication of................. 22 CFR Part 181 Sec 996
181.8.
Requirements................... 22 CFR Part 181 Sec 988
181.1.
Secretary of State 22 CFR Part 181 Sec 992
consultations. 181.4.
Transmittal to Congress........ 22 CFR Part 181 Sec 995
181.7.
Twenty-day rule for concluded 22 CFR Part 181 Sec 994
agreements. 181.5.
Expenses in arbitrating.......... PL 84-885 Sec 38(a)... 46
Federal air marshals, allowing PL 108-458 Sec 4017... 1055
maximum deployment of.
Human rights treaties
Cooperation among executive EO 13107 Sec 5........ 999
departments and agencies.
Implementation of obligations.. EO 13107 Sec 1........ 997
Inquiries and complaints....... EO 13107 Sec 3........ 998
Interagency Working Group on EO 13107 Sec 4........ 998
Human Rights Treaties.
Judicial review, scope, and EO 13107 Sec 6........ 999
administration.
Responsibility of executive EO 13107 Sec 2........ 997
departments and agencies.
Macau, Application of United PL 106-570 Sec 203(c). 215
States law to.
Plastic Explosives Convention
Implementation of.............. PL 104-132 Sec 601.... 1171
Secretary of State
Environment enhancement EO 11742.............. 1000
negotiation authority.
Sugar, repeal of provisions...... PL 105-277 Sec 2219... 290
Textile trade agreements
Commissioner of Customs actions EO 11651 Sec 2........ 1001
Committee for the EO 11651 Sec 1........ 1001
Implementation of Textile
Agreements, establishment of.
Treaty on Open Skies
Freedom of information PL 103-236 Sec 533.... 374
exemption on data.
Tripartite Agreement
Contributions for peacekeeping PL 101-246 Sec 417.... 483
activities in Southern Africa
and.
United States Treaties and Other
International Agreements
Admissibility in evidence...... USC Sec 112a.......... 984
Contents of.................... USC Sec 112a.......... 984
Transmission to Congress....... USC Sec 112b.......... 985
International Atomic Energy Agency
Bilateral and multilateral PL 103-236 Sec 841.... 395
initiatives.
Cuba, programs or projects in.... PL 105-277 Sec 2809... 311
Definitions...................... PL 103-236 Sec 844.... 398
Enforcement of nonproliferation PL 103-236 Sec 530.... 373
treaties.
Internal reforms................. PL 103-236 Sec 842.... 396
North Korea, United States policy PL 103-236 Sec 529.... 371
concerning.
Reporting requirement............ PL 103-236 Sec 843.... 397
International Bank for
Reconstruction and Development
Fighting terrorist financing..... PL 108-458 Sec 7701... 137
International Boundary and Water
Commission
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 103.... 509
1990 and 1991.................. PL 101-246 Sec 103.... 457
1992 and 1993.................. PL 102-138 Sec 103.... 412
1994 and 1995.................. PL 103-236 Sec 103.... 328
1996........................... PL 104-319 Sec 104.... 1475
1998 and 1999.................. PL 105-277 Sec 2102... 280
2000 and 2001.................. PL 106-113 Sec 102.... 231
2003........................... PL 107-228 Sec 114.... 162
2006........................... PL 109-108 Title IV... 675
Authority to assist State and PL 106-113 Sec 702.... 260
local governments.
International broadcasting
activities. See Broadcasting,
international
International Broadcasting
Operations Appropriations, 2006
Department of State provisions... PL 109-108 Title IV... 1729
International Broadcasting
Operations Emergency Supplemental
Appropriations, 2005
International programs........... PL 109-13 Title II.... 1731
International Career Program
Appropriations authorization, PL 102-138 Sec 101(c). 409
1993.
International Center
Fees for lease or use of......... PL 109-108 Title IV... 672
International Center Act........... PL 90-553............. 1314
Appropriations authorization..... PL 90-553 Sec 5....... 1316
Authorizations................... PL 90-553............. 1314
PL 90-553 Sec 2....... 1315
Construction authorizations...... PL 90-553 Sec 4....... 1315
National Capital Planning PL 90-553 Sec 3....... 1315
Commission approval.
International Center for the Study
of Preservation and Restoration of
Cultural Property
Funding limitation............... PL 102-138 Sec 176(c). 429
International Civil Aviation
Organization
Efforts to track terrorist travel PL 108-458 Sec 7204(b) 122
Funds allocation for United PL 84-885 Sec 6....... 21
States participation in.
International Coffee Organization
Contributions prohibition........ PL 103-236 Sec 428.... 352
Funding limitation............... PL 102-138 Sec 176(c). 429
Sense of Congress................ PL 102-138 Sec 179.... 429
International commissions
Appropriations authorization
1977........................... PL 94-350 Sec 101..... 655
1979........................... PL 95-426 Sec 101..... 627
1980 and 1981.................. PL 96-60 Sec 102...... 620
1982 and 1983.................. PL 97-241 Sec 102..... 610
1984 and 1985.................. PL 98-164 Sec 102..... 592
1986 and 1987.................. PL 99-93 Sec 101...... 570
1988 and 1989.................. PL 100-204 Sec 103.... 508
1990 and 1991.................. PL 101-246 Sec 103.... 457
1992 and 1993.................. PL 102-138 Sec 103.... 412
1994 and 1995.................. PL 103-236 Sec 103.... 328
1998 and 1999.................. PL 105-277 Sec 2102... 280
2000 and 2001.................. PL 106-113 Sec 102.... 231
2003........................... PL 107-228 Sec 114.... 161
2006........................... PL 109-108 Title IV... 675
Assignment of Foreign Service PL 96-465 Sec 503..... 742
members.
Construction
Appropriations authorization, PL 109-108 Title IV... 676
2006.
Great Lakes Fishery Commission
Appropriations authorization, PL 102-138 Sec 177.... 429
1992 and 1993.
International commissions--
Continued
Herbicides containing dioxin PL 98-164 Sec 135..... 601
compounds, use of.
International Joint Commission
Appointment of commissioner.... PL 94-350 Sec 115..... 658
Multilateral and bilateral PL 101-246 Sec 413.... 481
commissions, review of.
International Communication Agency. EO 12048.............. 1553
See also United States Information
Agency
Abolitions and supersessions..... RP 77-2 Sec 9......... 1549
Director's responsibilities...... EO 12048 Sec 3........ 1553
EO 12048 Sec 5........ 1554
EO 12048 Sec 6........ 1554
EO 12048 Sec 8........ 1554
Establishment of................. EO 12048 Sec 1........ 1553
Functions........................ EO 12048 Sec 2........ 1553
Name change...................... EO 12048 Sec 10....... 1554
References....................... PL 105-277 Sec 1331... 884
Reports.......................... EO 12048 Sec 4........ 1554
Transfer of functions............ RP 77-2 Sec 7......... 1546
Transfer of records, property, EO 12048 Sec 7........ 1554
personnel and unexpended
appropriations.
Transfers........................ RP 77-2 Sec 10........ 1550
United States Advisory Commission RP 77-2 Sec 8......... 1548
on International Communication,
Cultural and Educational Affairs.
International Communication Agency PL 95-426............. 1534
Authorization, FY 1979
Appropriations authorization..... PL 95-426 Sec 201..... 1534
Expanded exchange activities..... PL 95-426 Sec 203..... 1535
Mission of agency................ PL 95-426 Sec 202..... 1534
National Gallery of Art, PL 95-426 Sec 205..... 1535
functions relating to.
International Communication Agency
Authorization Act, FY 1980 and
1981
Appropriations authorization..... PL 96-60 Sec 202...... 1532
International conferences and
meetings
Expenses payment................. PL 84-885 Sec 50...... 59
United States participation in, PL 84-885 Sec 5....... 21
Secretary of State authority.
International Cooper Study Group
United States membership......... PL 103-236 Sec 425.... 352
International Cotton Advisory
Committee
Funding limitation............... PL 102-138 Sec 176(c). 429
International counterterrorism PL 108-458 Sec 7117(c) 108
policy contact group.
International Court of Justice
Sense of Congress................ PL 101-246 Sec 411.... 480
International Criminal Court
Establishment of, sense of Senate PL 103-236 Sec 517.... 362
Extradition or transfer of United PL 106-113 Sec 706.... 262
States citizens, prohibition on.
Participation restrictions....... PL 103-236 Sec 518.... 363
Protection of First and Fourth PL 103-236 Sec 519.... 363
Amendment rights.
United States accession PL 106-113 Sec 705.... 261
restriction.
International Criminal Tribunal
State Department rewards program. PL 105-323 Sec 102.... 271
United States accession PL 105-277 Sec 2502... 301
restriction.
International Development
Cooperation Agency
Abolition........................ PL 105-277 Sec 1401... 887
International Development
Cooperation Agency--Continued
Abolition--Continued
PL 105-277 Sec 1411... 888
PL 105-277 Sec 1412... 888
PL 105-277 Sec 1413... 888
PL 105-277 Sec 1421... 889
PL 105-277 Sec 1601... 892
International Development Law
Institute
United States participation...... PL 102-511 Sec 805.... 1627
International expositions
Funding limitations.............. PL 106-113 Sec 204.... 245
International Expositions, United PL 91-269............. 1680
States Recognition and
Participation in.
Federal participation............ PL 91-269 Sec 3....... 1681
Federal recognition.............. PL 91-269 Sec 2....... 1680
Standards and criteria PL 91-269 Sec 3....... 1683
establishment and publication.
PL 91-269 Sec 4....... 1683
International extradition
Policy and practice report....... PL 107-228 Sec 696.... 204
Report........................... PL 106-113 Sec 211.... 249
International financial
institutions
Definitions...................... PL 108-458 Sec 7702... 139
Expropriation of property and.... PL 103-236 Sec 527(b). 368
Fighting terrorist financing..... PL 108-458 Sec 7701... 138
Role in nuclear proliferation PL 103-236 Sec 823.... 391
prevention.
International Hydrographic
Organization
Funding limitation............... PL 102-138 Sec 176(c). 429
International Joint Commission
Appointment of commissioner...... PL 94-350 Sec 115..... 658
Entertainment expense funding.... PL 84-885 Sec 19...... 15
International Jute Organization
Contributions prohibition........ PL 103-236 Sec 429.... 353
Funding limitation............... PL 102-138 Sec 176(c). 429
International Lead and Zinc Study
Group
Funding limitation............... PL 102-138 Sec 176(c). 429
International Litigation Fund
Expenses......................... PL 84-885 Sec 38(d)... 46
International Maritime and Port PL 99-399............. 1137
Security Act.
Appropriations authorization, PL 99-399 Sec 912..... 1141
1987 through 1991.
Definitions...................... PL 99-399 Sec 911..... 1141
Foreign ports security standards. PL 99-399 Sec 907..... 1139
Panama Canal security............ PL 99-399 Sec 904..... 1138
Port, harbor, and coastal PL 99-399 Sec 906..... 1139
facility security.
Preventing unlawful acts against PL 99-399 Sec 903..... 1138
passengers and crews on board
ships.
Reports.......................... PL 99-399 Sec 913..... 1141
Seizure of vessels by terrorists, PL 99-399 Sec 910..... 1141
sanctions for.
Suspension of passenger services. PL 99-399 Sec 909..... 1140
Terrorism threat to United States PL 99-399 Sec 905..... 1139
ports and vessels, report.
Travel advisories concerning PL 99-399 Sec 908..... 1140
security at foreign ports.
International Monetary Fund
Fighting terrorist financing..... PL 108-458 Sec 7701... 137
International Money Laundering PL 107-56 Title III... 1086
Abatement and Financial Anti-
Terrorism Act of 2001.
Anti-terrorist forfeiture PL 107-56 Sec 316..... 1091
protection.
Cooperative efforts to deter PL 107-56 Sec 314..... 1089
money laundering.
Findings and purposes............ PL 107-56 Sec 301..... 1086
International cooperation in PL 107-56 Sec 330..... 1092
investigations.
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001--Continued
Use of authority of United States PL 107-56 Sec 360..... 1093
executive directors.
Wire transfers, international PL 107-56 Sec 328..... 1091
cooperation on identification of
originators.
International Office of Epizootics
Funding limitation............... PL 102-138 Sec 176(c). 429
International Organization for
Legal Metrology
Funding limitation............... PL 102-138 Sec 176(c). 429
International Organization for
Migration
United States membership......... PL 87-510 Sec 2....... 1333
International organizations. See
also Peacekeeping activities;
United Nations
Agreement on State and Local PL 103-236 Sec 421.... 351
Taxation.
Application of foreign mission PL 84-885 Sec 209..... 78
provisions.
Asian-Pacific Economic PL 103-236 Sec 424.... 352
Cooperation Organization, United
States membership.
Asian-Pacific Regional Human
Rights Convention
Report......................... PL 100-204 Sec 747.... 541
Assignment of Foreign Service PL 96-465 Sec 503..... 742
members.
British-American PL 102-138 Sec 168.... 424
Interparliamentary Group.
Bureau of the Interparliamentary PL 105-277 Sec 2503... 302
Union, United States membership
in.
Caribbean Community and Common PL 100-204 Sec 746.... 541
Market, recognition of.
Commission on the Ukraine Famine, PL 101-246 Sec 404.... 477
appropriations authorization,
1990.
Conference on Security and PL 103-236 Sec 422.... 352
Cooperation in Europe. See also
Organization for Security and
Cooperation in Europe.
Conferences and contingencies
Appropriations authorization
1977......................... PL 94-350 Sec 101..... 655
1978......................... PL 95-105 Sec 101..... 645
1979......................... PL 95-426 Sec 101..... 627
1980 and 1981................ PL 96-60 Sec 102...... 620
1982 and 1983................ PL 97-241 Sec 102..... 610
1984 and 1985................ PL 98-164 Sec 102..... 592
1986 and 1987................ PL 99-93 Sec 101...... 569
1990 and 1991................ PL 101-246 Sec 102(c). 457
1992 and 1993................ PL 102-138 Sec 102(c). 411
1994 and 1995................ PL 103-236 Sec 102(e). 327
1998 and 1999................ PL 105-277 Sec 2501... 301
Contributions to
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 102.... 507
1990 and 1991................ PL 101-246 Sec 102(a). 456
1992 and 1993................ PL 102-138 Sec 102(a). 410
1994 and 1995................ PL 103-236 Sec 102(a). 326
1998 and 1999................ PL 105-277 Sec 2104... 281
2000 and 2001................ PL 106-113 Sec 108.... 240
PL 106-113 Sec 106(a). 237
2003......................... PL 107-228 Sec 113.... 160
Foreign currency exchange rates PL 106-113 Sec 106(f). 239
Framework treaty-based PL 106-113 Sec 106(e). 239
organizations, funding
prohibition.
Global conferences, funding PL 106-113 Sec 106(d). 239
prohibition.
No growth budget............... PL 106-113 Sec 106(b). 238
Refund of excess contributions. PL 106-113 Sec 106(g). 239
Contributions to, 2006 PL 109-108 Title IV... 674
appropriations.
Democracy and human rights PL 108-458 Sec 7111... 102
promotion.
Employment of United States PL 102-138 Sec 181.... 430
citizens.
International organizations--
Continued
Food and Agriculture Organization PL 103-236 Sec 413.... 350
reforms.
Foreign currency exchange rates.. PL 103-236 Sec 102(f). 328
Foreign travel reports........... PL 105-277 Sec 2505... 303
Funds appropriation restrictions. PL 98-164 Sec 114(b).. 597
Housing allowances of PL 100-204 Sec 703.... 535
international civil servants.
Inter-American Cooperation in PL 99-93 Sec 149...... 581
Space, Science, and Technology.
Inter-American organizations..... PL 102-138 Sec 178.... 429
PL 103-236 Sec 427.... 352
Intergovernmental Negotiating
Committee for framework
convention on climate change
Sense of Congress.............. PL 102-138 Sec 172.... 427
International Boundary and Water
Commission
Authority to assist State and PL 106-113 Sec 702.... 260
local governments.
International Civil Aviation PL 93-475 Sec 8....... 662
Organization, restriction on
contributions to.
International Coffee Organization
Contributions prohibition...... PL 103-236 Sec 428.... 352
Sense of Congress.............. PL 102-138 Sec 179.... 429
International Committee of the
Red Cross
Contribution to
1982 and 1983................ PL 97-241 Sec 106..... 613
1986 and 1987................ PL 99-93 Sec 109...... 572
1990 and 1991................ PL 101-246 Sec 410.... 480
Contribution to regular budget PL 100-204 Sec 742.... 541
of.
International Cooper Study Group, PL 103-236 Sec 425.... 352
United States membership.
International Cotton Advisory PL 94-350 Sec 113..... 658
Committee membership.
International Court of Justice, PL 101-246 Sec 411.... 480
enhanced role in resolution of
international disputes, sense of
Congress.
International Criminal Court
Extradition or transfer of PL 106-113 Sec 706.... 262
United States citizens,
prohibition on.
United States accession PL 106-113 Sec 705.... 261
restriction.
International criminal tribunal, PL 105-277 Sec 2502... 301
United States accession
restriction.
International Jute Organization
Contributions prohibition...... PL 103-236 Sec 429.... 353
PL 99-93 Sec 145...... 579
International Lead and Zinc Study PL 94-350 Sec 113..... 658
Group membership.
International Organization for
Migration
United States membership....... PL 87-510 Sec 2....... 1333
International Rubber Study Group PL 94-350 Sec 113..... 658
membership.
International Seed Testing PL 94-350 Sec 113..... 658
Association membership.
International Sugar Organization, PL 101-246 Sec 401.... 476
United States membership in.
International Telecommunications PL 99-93 Sec 146...... 579
Satellite Organization.
Private sector representatives PL 97-241 Sec 120..... 616
to meetings and conferences.
International Tropical Timber
Organization
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
United States membership in.... PL 101-246 Sec 401.... 476
International organizations--
Continued
International Union for the
Conservation of Nature and
Natural Resources
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Membership authorization....... PL 101-246 Sec 402.... 476
Limitation on United States PL 103-236 Sec 410.... 349
contributions.
Membership of United States in PL 107-228 Sec 407.... 184
UNESCO, sense of Congress.
Organization of American States
Contributions to, 2000 and 2001 PL 106-113 Sec 108(b). 241
Parliamentary Assembly of the PL 102-138 Sec 169.... 425
Conference on Security and
Cooperation, United States
Delegation to.
Payment of assessed PL 97-241 Sec 105..... 613
contributions, 1982 and 1983.
Permanent International PL 102-138 Sec 164.... 424
Association of Road Congresses.
Red Shield of David, sense of PL 100-204 Sec 742(c). 541
Congress concerning recognition
of.
Responsibilities of United States PL 99-93 Sec 140...... 578
representatives to.
Service in....................... PL 105-277 Sec 2504... 303
Special purpose
Funding limitation............. PL 102-138 Sec 176.... 428
Taiwan's membership and PL 106-113 Sec 704.... 261
participation in, United States
support for.
United States membership on PL 107-228 Sec 408.... 184
Commission on Human Rights and
International Narcotics Control
Board.
United States personnel taken PL 103-236 Sec 405.... 348
prisoner while in multinational
forces, sense of Congress.
Water Policy and Water Resources PL 102-138 Sec 180.... 430
Policy, Special Coordinator for.
Wildlife conventions
Appropriations authorization, PL 101-246 Sec 403.... 477
1990 and 1991.
Withholding of funds............. PL 103-236 Sec 102(g). 328
Withholding of United States PL 103-236 Sec 431.... 353
contributions, 1994 and 1995.
World Alternate Energy Conference PL 95-426 Sec 609..... 640
World Commission on Environment
and Development
Appropriations authorization, PL 99-93 Sec 107...... 571
1986 and 1987.
World Health Organization
Contribution to, 1978.......... PL 95-105 Sec 103..... 646
Restriction on contributions to PL 93-475 Sec 8....... 662
World Health Organization reforms PL 103-236 Sec 412.... 350
World Heritage Convention
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
World Heritage Trust Fund
Appropriations authorization, PL 98-164 Sec 108..... 594
1984 and 1985.
World Intellectual Property PL 98-164 Sec 112..... 595
Organization.
International Peacekeeping Act of PL 102-311............ 451
1992.
United Nations activities........ PL 102-311 Sec 2...... 451
International Red Cross
Magen David Adom Society PL 107-228 Sec 690.... 202
admission, sense of Congress.
Visits to hostages in Iran....... PL 96-449 Sec 301..... 1205
International Religious Freedom,
Commission on
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
International Religious Freedom Act PL 105-292............ 1263
of 1998.
International Religious Freedom Act
of 1998--Continued
Ambassador at Large appointment, PL 105-292 Sec 101.... 1268
duties and funding.
Asylum claims, studies on effect PL 105-292 Sec 605.... 1296
of expedited removal provisions.
Asylum policy reform............. PL 105-292 Sec 603.... 1295
Business codes of conduct........ PL 105-292 Sec 701.... 1297
Claims of persecution, annual PL 105-292 Sec 601.... 1294
report as resource in cases
involving.
Commission on International
Religious Freedom
Administrative support......... PL 105-292 Sec 201(h). 1276
Applicability of other laws.... PL 105-292 Sec 206.... 1280
Appropriations authorization... PL 105-292 Sec 207.... 1280
Chair election................. PL 105-292 Sec 201(d). 1276
Duties of...................... PL 105-292 Sec 202.... 1277
Establishment of............... PL 105-292 Sec 201.... 1274
Funding........................ PL 105-292 Sec 201(i). 1276
Meetings....................... PL 105-292 Sec 201(f). 1276
Membership..................... PL 105-292 Sec 201(b). 1274
Personnel matters.............. PL 105-292 Sec 204.... 1278
Powers of...................... PL 105-292 Sec 203.... 1278
Quorum......................... PL 105-292 Sec 201(e). 1276
Report......................... PL 105-292 Sec 205.... 1279
Standards of conduct and PL 105-292 Sec 208.... 1280
disclosure.
Termination.................... PL 105-292 Sec 209.... 1282
Terms.......................... PL 105-292 Sec 201(c). 1275
Vacancies...................... PL 105-292 Sec 201(g). 1276
Definitions...................... PL 105-292 Sec 3...... 1266
Diplomatic missions
Equal access to missions for PL 105-292 Sec 107.... 1273
conducting religious
activities.
Programs and allocations of PL 105-292 Sec 106.... 1272
funds, sense of Congress.
Exports of certain items used in PL 105-292 Sec 423.... 1293
particularly severe violations.
Findings......................... PL 105-292 Sec 2(a)... 1264
Foreign Service awards........... PL 105-292 Sec 504.... 1294
Internet site establishment...... PL 105-292 Sec 103.... 1272
National Security Council
Special Adviser on PL 105-292 Sec 301.... 1282
International Religious
Freedom, sense of Congress.
Nongovernmental organizations, PL 105-292 Sec 105.... 1272
high-level contacts with.
Office on International Religious PL 105-292 Sec 101(a). 1268
Freedom establishment.
Policy........................... PL 105-292 Sec 2(b)... 1266
Presidential actions
Consultations.................. PL 105-292 Sec 403.... 1287
Description of................. PL 105-292 Sec 405.... 1289
Effects on existing contracts.. PL 105-292 Sec 406.... 1291
Particularly severe violations PL 105-292 Sec 402.... 1284
of religious freedom, response
to.
Preclusion of judicial review.. PL 105-292 Sec 410.... 1292
Publication in Federal Register PL 105-292 Sec 408.... 1291
Report......................... PL 105-292 Sec 404.... 1288
Termination of................. PL 105-292 Sec 409.... 1292
Violations of religious PL 105-292 Sec 401.... 1283
freedom, response to.
Waiver......................... PL 105-292 Sec 407.... 1291
Prisoner lists and issue briefs.. PL 105-292 Sec 108.... 1273
Promotion assistance............. PL 105-292 Sec 501.... 1293
Refugee policy reform............ PL 105-292 Sec 602.... 1294
Reports
Human Rights Reports, PL 105-292 Sec 102(a). 1269
assistance in preparing
portions of.
International Religious Freedom Act
of 1998--Continued
Reports--Continued
International religious freedom PL 105-292 Sec 102(b). 1269
annual report.
Violations of religious freedom PL 105-292 Sec 102(c). 1271
International Rubber Organization
Funding limitation............... PL 102-138 Sec 176(c). 429
International Rubber Study Group
Funding limitation............... PL 102-138 Sec 176(c). 429
International Sugar Organization
Funding limitation............... PL 102-138 Sec 176(c). 429
International Tin Council
Contribution to.................. PL 95-426 Sec 704..... 643
International Tropical Timber
Organization
Funding limitation............... PL 102-138 Sec 176(c). 429
International Union for the
Conservation of Nature and Natural
Resources
Funding limitation............... PL 102-138 Sec 176(c). 429
International Visitors Program
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 301.... 1513
1992 and 1993.................. PL 102-138 Sec 221.... 1495
International Youth Opportunity PL 108-458 Sec 7114... 106
Fund.
International Youth Year
Appropriations authorization, PL 98-164 Sec 208..... 1526
1984 and 1985.
Internship Program, Foreign Service
Administration of................ PL 96-465 Sec 1202(e). 860
Authorization of appropriations.. PL 96-465 Sec 1204.... 861
Compensation..................... PL 96-465 Sec 1202(g). 861
Eligibility to participate....... PL 96-465 Sec 1202(c). 860
Establishment of................. PL 96-465 Sec 1202(a). 859
Internships...................... PL 96-465 Sec 1202(d). 860
Mentors.......................... PL 96-465 Sec 1202(f). 861
Objectives....................... PL 96-465 Sec 1201(b). 859
Purpose of....................... PL 96-465 Sec 1202(b). 860
Report........................... PL 96-465 Sec 1203.... 861
Statement of policy.............. PL 96-465 Sec 1201(a). 859
Study of Foreign Service PL 96-465 Sec 1202(h). 861
examination.
Interparliamentary groups
British-American PL 102-138 Sec 168.... 424
Interparliamentary Group.
Deposit of funds in interest- PL 103-236 Sec 502(b). 355
bearing accounts.
IOB. See Intelligence Oversight
Board
Iran
Frozen or blocked assets, report PL 103-236 Sec 511.... 359
on use of.
Hostage Relief Act of 1980....... PL 96-449............. 1198
Compensation excluded from PL 96-449 Sec 201..... 1202
gross income.
Definitions.................... PL 96-449 Sec 101..... 1198
PL 96-449 Sec 205..... 1203
Education and training......... PL 96-449 Sec 104..... 1200
Income taxes of hostage where PL 96-449 Sec 202..... 1202
death results from captive
status.
International Red Cross visits PL 96-449 Sec 301..... 1205
to hostages.
Joint return filing by spouse.. PL 96-449 Sec 203..... 1202
Medical and health care and PL 96-449 Sec 103..... 1199
related expenses.
Pay and allowances allotted to PL 96-449 Sec 102..... 1199
special savings fund.
Soldiers' and Sailors' Civil PL 96-449 Sec 105..... 1201
Relief Act of 1940, extension
of applicability of benefits.
Tax treatment of hostages, PL 96-449 Sec 206..... 1205
study of.
Iran--Continued
Hostage Relief Act of 1980--
Continued
Time for performing certain tax PL 96-449 Sec 204..... 1203
acts postponed by reason of
captive status.
Human rights violations.......... PL 100-204 Sec 1235... 557
Payment of certain anti-terrorism PL 106-386 Sec 2002... 1148
judgments.
People's Mujaheddin, report...... PL 103-236 Sec 523.... 367
Persecution of the Baha'is....... PL 100-204 Sec 1236... 558
Radio broadcasting in Farsi
Appropriations authorization, PL 105-277 Sec 2417... 1712
1998 and 1999.
PL 105-277 Sec 2417... 1471
Iran-Iraq war
Policy toward.................... PL 100-204 Sec 1234... 556
Iraq
Accountability Review Board PL 99-399 Sec 301..... 1111
exemptions.
Frozen or blocked assets, report PL 103-236 Sec 511.... 359
on use of.
Release of prisoners held in, PL 102-138 Sec 356.... 441
sense of Congress.
Stability of Turkey and Iraqi PL 103-236 Sec 507.... 357
Kurdistan, sense of Congress.
Support for democratic opposition PL 105-277 Sec 2812... 1713
Support for democratic PL 105-277 Sec 2812... 313
opposition, justice programs,
and humanitarian relief and
reconstruction.
Irish Peace Process Cultural and PL 105-319............ 1376
Training Program Act of 1998.
PL 105-319............ 1602
Appropriations authorization..... PL 105-319 Sec 2(d)... 1378
PL 105-319 Sec 2(d)... 1603
Cost-sharing..................... PL 105-319 Sec 2(c)... 1378
PL 105-319 Sec 2(c)... 1603
Purpose.......................... PL 105-319 Sec 2(a)... 1376
PL 105-319 Sec 2(a)... 1602
Sunset........................... PL 105-319 Sec 2(e)... 1378
PL 105-319 Sec 2(e)... 1603
Temporary nonimmigrant visa...... PL 105-319 Sec 2(b)... 1377
Islamic countries. See Muslim
countries
Israel. See also Middle East
Arab League boycott of
Certification.................. PL 103-236 Sec 564.... 380
Definitions.................... PL 103-236 Sec 564.... 380
Discriminatory contracts PL 103-236 Sec 565.... 379
prohibition.
Prohibition on sales and leases PL 103-236 Sec 564.... 378
of defense articles or
services to participating
countries.
Commendation for Mayor of PL 99-93 Sec 811...... 587
Jerusalem.
Cultural, scientific, and PL 96-60 Sec 403...... 623
economic relations with Egypt,
sense of Congress.
Diplomatic relations with other PL 107-228 Sec 215.... 167
countries, report concerning
promotion efforts.
Diplomatic status................ PL 103-236 Sec 562.... 378
Israel-Arab Peace Partners
Program
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 235
2003......................... PL 107-228 Sec 112.... 159
Israel-only passports, PL 102-138 Sec 129.... 418
prohibition on issuance.
Israeli Arab Scholarship Program
Appropriations authorization
1992 and 1993................ PL 102-138 Sec 214.... 1493
2006......................... PL 109-108 Title IV... 677
Israel--Continued
Israeli Arab Scholarship Program--
Continued
Appropriations authorization--
Continued
2006--Continued
PL 109-108 Title IV... 1542
Jerusalem as capital of, United PL 107-228 Sec 214.... 166
States policy.
Jerusalem Embassy Act of 1995.... PL 104-45............. 1310
Appropriations authorization, PL 104-45 Sec 4....... 1312
1996 and 1997.
Definition..................... PL 104-45 Sec 8....... 1313
Findings....................... PL 104-45 Sec 2....... 1310
Presidential waiver............ PL 104-45 Sec 7....... 1312
Report on implementation....... PL 104-45 Sec 5....... 1312
Semiannual reports............. PL 104-45 Sec 6....... 1312
Timetable...................... PL 104-45 Sec 3....... 1311
Middle East Peace Conference..... PL 100-204 Sec 1231... 554
Middle East Peace Facilitation
Act of 1994
Authority to suspend certain PL 103-236 Sec 583.... 383
provisions.
Findings....................... PL 103-236 Sec 582.... 383
Prohibition on use of Diplomatic PL 99-399 Sec 414..... 1121
Security Program funds for
facility in.
Prohibition on use of funds...... PL 100-204 Sec 130.... 513
Recording of place of birth for PL 109-108 Sec 405.... 678
United States citizens born in
Jerusalem.
Refugees
Appropriations authorization
1978......................... PL 95-105 Sec 104..... 646
1979......................... PL 95-426 Sec 106..... 630
1980 and 1981................ PL 96-60 Sec 103...... 621
1982 and 1983................ PL 97-241 Sec 107..... 613
1986 and 1987................ PL 99-93 Sec 108...... 571
1988 and 1989................ PL 100-204 Sec 104.... 509
1990 and 1991................ PL 101-246 Sec 104.... 459
1992 and 1993................ PL 102-138 Sec 104.... 414
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(b). 162
Terrorism activity resulting in PL 106-113 Sec 805.... 265
deaths of United States
citizens, reporting requirements.
United Nations policy on......... PL 106-113 Sec 721.... 263
United States participation in PL 98-164 Sec 115..... 597
United Nations if Israel is
illegally expelled.
J
Japan
Illegal technology transfers..... PL 100-204 Sec 1251... 565
Security relationship with United PL 99-93 Sec 812...... 588
States.
Self-defense responsibilities.... PL 99-93 Sec 812...... 588
Support of mutual defense PL 100-204 Sec 1254... 565
alliances.
United States participation in PL 98-164 Sec 212..... 1527
Tsukuba, Japan Exposition 1985.
Japan-United States Friendship Act. PL 94-118............. 1651
Establishment of Fund............ PL 94-118 Sec 3....... 1652
Expenditures..................... PL 94-118 Sec 3....... 1652
Findings and purpose............. PL 94-118 Sec 2....... 1651
Japan-United States Friendship
Commission
Administrative provisions...... PL 94-118 Sec 6....... 1654
Establishment of............... PL 94-118 Sec 4(a).... 1653
Japan-United States Friendship Act--
Continued
Japan-United States Friendship
Commission--Continued
Functions of................... PL 94-118 Sec 5....... 1654
Membership..................... PL 94-118 Sec 4(b).... 1653
Management of Fund............... PL 94-118 Sec 7....... 1655
Jerusalem
As capital of Israel, United PL 107-228 Sec 214.... 166
States policy.
Prohibition on use of Diplomatic PL 99-399 Sec 414..... 1121
Security Program funds for
facility in.
Jerusalem Embassy Act of 1995...... PL 104-45............. 1310
Appropriations authorization, PL 104-45 Sec 4....... 1312
1996 and 1997.
Definition....................... PL 104-45 Sec 8....... 1313
Findings......................... PL 104-45 Sec 2....... 1310
Presidential waiver.............. PL 104-45 Sec 7....... 1312
Report on implementation......... PL 104-45 Sec 5....... 1312
Semiannual reports............... PL 104-45 Sec 6....... 1312
Timetable........................ PL 104-45 Sec 3....... 1311
JMIP. See Joint Military
Intelligence Program
John Fitzgerald Kennedy Library
Use of USIA films................ PL 95-105 Sec 205..... 1538
Joint commissions
Appointment of commissioner...... PL 94-350 Sec 115..... 658
Appropriations, 2006............. PL 109-108 Title IV... 676
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 103.... 509
1990 and 1991.................. PL 101-246 Sec 103.... 458
1992 and 1993.................. PL 102-138 Sec 103.... 412
1994 and 1995.................. PL 103-236 Sec 103.... 329
1998 and 1999.................. PL 105-277 Sec 2102... 281
2000 and 2001.................. PL 106-113 Sec 102.... 232
2003........................... PL 107-228 Sec 114.... 162
Joint Military Intelligence Program
Director of Central Intelligence EO 12333 Sec 1.5(n)... 963
responsibilities.
Jute Organization, International
United States membership in...... PL 99-93 Sec 145...... 579
K
Kampuchea. See Cambodia
Korea (Republic of)
United States policy............. PL 95-105 Sec 512..... 653
Korean War
POW/MIA asylum program........... PL 106-484 Sec 3...... 1370
Kosovo
Cultural Center
Establishment of............... PL 102-138 Sec 223(a). 1496
PL 102-138 Sec 223(a). 1630
Report......................... PL 102-138 Sec 223(b). 1496
PL 102-138 Sec 223(b). 1630
Kurdish people
Voice of America broadcasts for.. PL 102-138 Sec 234.... 1716
Kuwait
Liberation efforts, burdensharing PL 102-20 Sec 6....... 453
L
Labor-management relations, Foreign
Service
Administrative provisions........ PL 96-465 Sec 1018.... 846
Application...................... PL 96-465 Sec 1003.... 833
Authority, defined............... PL 96-465 Sec 1002.... 831
Labor-management relations, Foreign
Service--Continued
Board, defined................... PL 96-465 Sec 1002.... 831
Collective bargaining, defined... PL 96-465 Sec 1002.... 831
Collective bargaining agreement, PL 96-465 Sec 1002.... 831
defined.
Confidential employee, defined... PL 96-465 Sec 1002.... 831
Definitions...................... PL 96-465 Sec 1002.... 831
Dues, defined.................... PL 96-465 Sec 1002.... 832
Employee, defined................ PL 96-465 Sec 1002.... 832
Employee rights.................. PL 96-465 Sec 1004.... 833
Employees represented............ PL 96-465 Sec 1012.... 839
Employment conditions, defined... PL 96-465 Sec 1002.... 831
Exclusive representative, defined PL 96-465 Sec 1002.... 832
Foreign Service Impasse Disputes PL 96-465 Sec 1010.... 837
panel.
Foreign Service Labor Relations
Board
Establishment of............... PL 96-465 Sec 1006.... 834
Functions of................... PL 96-465 Sec 1007.... 835
Judicial review and enforcement PL 96-465 Sec 1009.... 836
Labor organization, exclusive PL 96-465 Sec 1011.... 837
recognition of.
Resolution of implementation PL 96-465 Sec 1014.... 841
disputes.
General Counsel
Defined........................ PL 96-465 Sec 1002.... 832
Functions of................... PL 96-465 Sec 1008.... 836
Labor, prevention of unfair PL 96-465 Sec 1016.... 843
practices.
Grievances
Access to records.............. PL 96-465 Sec 1108.... 857
Concerning former members...... PL 96-465 Sec 1102.... 849
Definition of.................. PL 96-465 Sec 1101.... 848
Foreign Service Grievance Board PL 96-465 Sec 1105.... 851
Decisions.................... PL 96-465 Sec 1107.... 854
Procedures................... PL 96-465 Sec 1106.... 853
Freedom of action.............. PL 96-465 Sec 1103.... 849
Judicial review................ PL 96-465 Sec 1110.... 858
Remedies....................... PL 96-465 Sec 1109.... 857
Time limitations for filing.... PL 96-465 Sec 1104.... 850
Labor organization, defined...... PL 96-465 Sec 1002.... 832
Management official, defined..... PL 96-465 Sec 1002.... 832
Management rights................ PL 96-465 Sec 1005.... 833
Panel, defined................... PL 96-465 Sec 1002.... 833
Person, defined.................. PL 96-465 Sec 1002.... 833
Policy findings.................. PL 96-465 Sec 1001.... 830
Representation rights and duties. PL 96-465 Sec 1013.... 839
Standards of conduct for labor PL 96-465 Sec 1017.... 845
organizations.
Unfair labor practices........... PL 96-465 Sec 1015.... 841
Languages, foreign
Competence in
Expansion of model posts....... PL 101-246 Sec 161.... 474
Repeal of provisions........... PL 105-277 Sec 2219... 290
Requirements within Foreign PL 103-236 Sec 191.... 343
Service.
Consideration of proficiency by PL 101-246 Sec 163.... 475
Foreign Service promotion panels.
Entrance requirement for Foreign PL 101-246 Sec 162.... 475
Service, report.
Foreign Language Resources PL 103-236 Sec 192.... 343
Coordinator, designation of.
Foreign language service fees.... PL 103-236 Sec 193.... 344
Foreign Service officers and PL 99-399 Sec 1305.... 1144
diplomatic personnel,
strengthening skills of, sense
of Congress.
Foreign Service requirements..... PL 96-465 Sec 702..... 755
Model Foreign Service competence PL 96-465 Sec 2207.... 868
posts.
Service fees..................... PL 103-236 Sec 193.... 344
Tibetan language training PL 107-228 Sec 619.... 187
requirement.
Languages, foreign--Continued
Training consideration in Foreign PL 102-138 Sec 155.... 424
Service promotion process.
Training for Foreign Service PL 95-105 Sec 414..... 650
spouses, sense of Congress.
Laos
Adjustment of status for parolees
Appropriations authorization... PL 101-167............ 1418
Date of approval............... PL 101-167 Sec 599E(d) 1420
Eligibility.................... PL 101-167 Sec 599E(b) 1419
General provisions............. PL 101-167 Sec 599E(a) 1419
No offset in number of visas PL 101-167 Sec 599E(e) 1420
available.
Waiver of certain grounds for PL 101-167 Sec 599E(c) 1420
inadmissibility.
Establishment of USIA office in PL 102-138 Sec 216.... 1494
Vientiane.
Human rights violations, report PL 105-277 Sec 2806... 309
and policy concerning.
Indochina refugees, status
adjustment
Applicability of Immigration PL 95-145 Sec 107..... 1413
and Nationality Act provisions.
General provisions............. PL 95-145 Sec 101..... 1412
Ineligibility.................. PL 95-145 Sec 105..... 1413
No offset of number of visas PL 95-145 Sec 106..... 1413
available.
Permanent residence PL 95-145 Sec 102..... 1412
establishment date.
PL 95-145 Sec 103..... 1412
Spouse and children............ PL 95-145 Sec 104..... 1413
Indochinese refugee resettlement. PL 100-204 Sec 904.... 544
Indochinese Refugee Resettlement PL 100-202............ 1407
and Protection Act of 1987.
Allocations of refugee PL 100-202 Sec 802(c). 1409
admissions.
Appropriations authorization... PL 100-202 Sec 101.... 1407
Declarations................... PL 100-202 Sec 804.... 1410
Findings....................... PL 100-202 Sec 804.... 1410
PL 100-202 Sec 802(a). 1407
International solutions to PL 100-202 Sec 802(d). 1409
refugee problems.
Recommendations................ PL 100-202 Sec 802(b). 1408
Reporting requirement.......... PL 100-202 Sec 803.... 1410
Laotian-American relations, sense PL 102-138 Sec 353.... 440
of Congress.
Refugees in Thailand............. PL 99-93 Sec 809...... 586
United States policy............. PL 103-236 Sec 515.... 361
Latin America. See also Clean Water
for the Americas Partnership Act
of 2002; individual countries
Improving building construction PL 107-228 Sec 688.... 201
and practices.
Latin American and Caribbean Data
Base
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 110.... 511
1990......................... PL 101-246 Sec 1010... 504
United States Scholarship Program
for Developing Countries
Authorization, 1986 and 1987
Latin American exchanges....... PL 99-93 Sec 613...... 1613
Latvia
Law and business training program
for graduate students
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Latvia--Continued
Law and business training program
for graduate students--Continued
Appropriations authorization,
1992 and 1993--Continued
PL 102-138 Sec 227(d). 1633
Congressional Budget Act PL 102-138 Sec 227(e). 1633
compliance.
Designation of program and PL 102-138 Sec 227(f). 1633
scholarships.
Guidelines..................... PL 102-138 Sec 227(c). 1632
Scholarship program authority.. PL 102-138 Sec 227(b). 1632
Statement of purpose........... PL 102-138 Sec 227(a). 1631
Self-determination, sense of PL 100-204 Sec 1206... 550
Congress.
Support for new democracies, PL 102-138 Sec 360.... 443
sense of Congress.
United States presence in, sense PL 102-138 Sec 352.... 439
of Congress.
Law enforcement, international
Counterterrorism technologies to PL 104-132 Sec 820.... 1175
foreign countries.
Funding source................... PL 104-132 Sec 823.... 1175
Narcotics and law enforcement
officer
Qualifications of.............. PL 84-885 Sec 1(g).... 15
Overseas training activities..... PL 104-132 Sec 801.... 1172
Participation of South Asian PL 107-228 Sec 685.... 198
countries.
Research and development to PL 104-132 Sec 821.... 1175
support counterterrorism
technologies.
Leadership programs
Open World Leadership Center..... PL 106-554............ 1579
Administrative provisions...... PL 106-554 Sec 313(e). 1582
Appropriations authorization... PL 106-554 Sec 313(f). 1582
Eligible foreign state defined. PL 106-554 Sec 313(j). 1582
Establishment of............... PL 106-554 Sec 313(a). 1579
Executive Director............. PL 106-554 Sec 313(d). 1582
Fund establishment............. PL 106-554 Sec 313(c). 1581
Purpose and authority of....... PL 106-554 Sec 313(b). 1580
Transfer of funds.............. PL 106-554 Sec 313(g). 1582
Russian Leadership Program....... PL 106-31............. 1583
Advisory Board................. PL 106-31 Sec 3011(e). 1585
Application.................... PL 106-31 Sec 3011(d). 1584
Definitions.................... PL 106-31 Sec 3011(h). 1586
Funding........................ PL 106-31 Sec 3011(g). 1585
Grants......................... PL 106-31 Sec 3011(b). 1584
Purpose of..................... PL 106-31 Sec 3011(a). 1583
Reporting...................... PL 106-31 Sec 3011(f). 1585
Use of funds................... PL 106-31 Sec 3011(c). 1584
Leaves of absence
Required leave for Foreign PL 96-465 Sec 903..... 828
Service members in the United
States after service abroad.
Lebanon
Policy toward.................... PL 100-204 Sec 1232... 555
Refugees and displaced persons
Appropriations authorization, PL 98-164 Sec 111..... 595
1984.
United Nations Interim Force in PL 100-204 Sec 708.... 536
Lebanon, protection of Tyre.
Legislative liaison offices
Department of State.............. PL 106-113 Sec 301.... 254
Liability insurance
Enforcement of compliance PL 84-885 Sec 204A.... 70
requirements.
LIBERTAD Act of 1996
Reporting requirements........... PL 105-277 Sec 2802... 306
Library of Congress
Russian Leadership Program....... PL 106-31............. 1583
Advisory Board................. PL 106-31 Sec 3011(e). 1585
Application.................... PL 106-31 Sec 3011(d). 1584
Definitions.................... PL 106-31 Sec 3011(h). 1585
Library of Congress--Continued
Russian Leadership Program--
Continued
Funding........................ PL 106-31 Sec 3011(g). 1585
Grants......................... PL 106-31 Sec 3011(b). 1584
Purpose of..................... PL 106-31 Sec 3011(a). 1583
Reporting...................... PL 106-31 Sec 3011(f). 1585
Use of funds................... PL 106-31 Sec 3011(c). 1584
Library programs
``American Corners'' in the PL 107-228 Sec 225.... 169
Russian Federation, allocation
of funds, 2003.
PL 107-228 Sec 225.... 1460
American studies collections
Appropriations authorization, PL 103-236 Sec 235.... 1480
1994 and 1995.
Benjamin Franklin House Museum PL 101-246 Sec 1004... 500
and Library.
Edward Zorinsky Memorial Library
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Memorial and plaque............ PL 100-204 Sec 306.... 1514
Islamic world, expansion of PL 108-458 Sec 7112... 104
United States programs in.
John Fitzgerald Kennedy Library PL 95-105 Sec 205..... 1538
use of USIA films.
Lithuania
Law and business training program
for graduate students.
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
PL 102-138 Sec 227(d). 1633
Congressional Budget Act PL 102-138 Sec 227(e). 1633
compliance.
Designation of program and PL 102-138 Sec 227(f). 1633
scholarships.
Guidelines..................... PL 102-138 Sec 227(c). 1632
Scholarship program authority.. PL 102-138 Sec 227(b). 1632
Statement of purpose........... PL 102-138 Sec 227(a). 1631
Self-determination, sense of PL 100-204 Sec 1206... 550
Congress.
Support for new democracies, PL 102-138 Sec 360.... 443
sense of Congress.
United States presence in, sense PL 102-138 Sec 352.... 439
of Congress.
Litigation Fund, International
Expenses......................... PL 84-885 Sec 38(d)... 46
M
Macau
United States-Macau Policy Act of PL 106-570............ 214
2000
Continued application of United PL 106-570 Sec 203.... 215
States law.
Definitions.................... PL 106-570 Sec 205.... 216
Findings and declarations...... PL 106-570 Sec 202.... 214
Reporting requirement.......... PL 106-570 Sec 204.... 216
Sense of Congress.............. PL 106-570 Sec 202.... 214
``Made in America'' labels
Prohibition against fraudulent PL 102-138 Sec 195.... 432
use of.
Magen David Adom Society
Sense of Congress................ PL 107-228 Sec 690.... 202
Man-Portable Air Defense Systems
Definitions...................... PL 108-458 Sec 4026(e) 1057
FAA airworthiness certification PL 108-458 Sec 4026(b) 1056
of missile defense systems for
commercial aircraft.
Findings......................... PL 108-458 Sec 6902... 1060
Man-Portable Air Defense Systems--
Continued
Nonproliferation and export PL 108-458 Sec 4026(a) 1055
control policy.
Programs to reduce number of..... PL 108-458 Sec 4026(c) 1056
Vulnerability assessments, report PL 108-458 Sec 4026(d) 1057
Management and Resources
Deputy Secretary of State for, PL 84-885 Sec 1(a).... 8
appointment of.
MANPADS. See Man-Portable Air
Defense Systems
Mansfield Fellowship Act. See Mike
Mansfield Fellowship Act
Marine resources
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental and
Scientific Affairs.
Moratorium on the commercial PL 96-60 Sec 405...... 623
killing of whales.
Secretary of Commerce PL 109-108 Sec 618.... 683
responsibility for negotiating
and monitoring international
agreements.
Sense of Congress................ PL 95-426 Sec 602..... 636
Maritime security
Appropriations authorization, PL 99-399 Sec 912..... 1141
1987 through 1991.
Definitions...................... PL 99-399 Sec 911..... 1141
Foreign ports security standards. PL 99-399 Sec 907..... 1139
International measures for PL 99-399 Sec 902..... 1138
seaport and shipboard security.
Panama Canal security............ PL 99-399 Sec 904..... 1138
Port, harbor, and coastal PL 99-399 Sec 906..... 1139
facility security.
Preventing unlawful acts against PL 99-399 Sec 903..... 1138
passengers and crews on board
ships.
Reports.......................... PL 99-399 Sec 913..... 1141
Seizure of vessels by terrorists, PL 99-399 Sec 910..... 1141
sanctions for.
Suspension of passenger services. PL 99-399 Sec 909..... 1140
Territorial sea, expansion of.... PL 104-132 Sec 901.... 1176
Terrorism threat to United States PL 99-399 Sec 905..... 1139
ports and vessels, report.
Travel advisories concerning PL 99-399 Sec 908..... 1140
security at foreign ports.
Marshall, General George C.
Memorial statue of............... PL 95-426 Sec 104..... 628
Media. See Free media
Medical services
Foreign Service
Malpractice or negligence...... PL 84-885 Sec 30...... 32
As a human right, United States PL 103-236 Sec 503.... 355
policy concerning.
Meetings, international
Expenses payment................. PL 84-885 Sec 50...... 59
United States participation in, PL 84-885 Sec 5....... 21
Secretary of State authority.
Mexico
Commendation of Ambassador....... PL 99-93 Sec 135...... 577
Improvement of consular PL 98-164 Sec 103..... 593
facilities in Mexico City.
International Boundary and Water
Commission
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 103.... 509
1990 and 1991................ PL 101-246 Sec 103.... 457
1992 and 1993................ PL 102-138 Sec 103.... 412
1994 and 1995................ PL 103-236 Sec 103.... 328
1998 and 1999................ PL 105-277 Sec 2102... 280
2000 and 2001................ PL 106-113 Sec 102.... 231
2003......................... PL 107-228 Sec 114.... 162
Mexico--Continued
International Boundary and Water
Commission--Continued
Appropriations authorization--
Continued
2006......................... PL 109-108 Title IV... 675
Reciprocal diplomatic status PL 102-138 Sec 351.... 439
with, sense of Congress.
Relationship with United States, PL 101-246 Sec 1009... 503
report.
Middle East. See also individual
countries
Arms sales policy................ PL 102-138 Sec 322.... 437
PL 103-236 Sec 563.... 378
Arms transfers restraint policy
Definitions.................... PL 102-138 Sec 405.... 450
Findings....................... PL 102-138 Sec 401.... 445
Limitation on United States PL 102-138 Sec 403.... 448
arms sales.
Multilateral arms transfer and PL 102-138 Sec 402.... 446
control regime.
Reports........................ PL 102-138 Sec 404.... 449
Broadcasting to, appropriations PL 107-228 Sec 121.... 164
authorization, 2003.
Center for Middle Eastern-Western
Dialogue Trust Fund
Appropriations authorization, PL 109-108 Title IV... 676
2006.
PL 109-108 Title IV... 1541
Establishment of............... PL 108-9 Sec 633...... 693
Education programs, report....... PL 108-458 Sec 7120(b) 112
International Youth Opportunity PL 108-458 Sec 7114... 106
Fund.
Iran-Iraq war
Policy toward.................. PL 100-204 Sec 1234... 556
Middle East Free Trade Area...... PL 108-458 Sec 7115(a) 107
Middle East Partnership PL 108-458 Sec 7116... 107
Initiative.
Middle East Peace Conference..... PL 100-204 Sec 1231... 554
Middle East Peace Facilitation PL 103-236............ 383
Act of 1994.
Research, repeal of provisions... PL 105-277 Sec 2219... 291
United Nations Relief and Works PL 101-246 Sec 415.... 482
Agency for Palestinian Refugees
in the Near East, sense of
Congress.
United Nations sponsorship of PL 101-246 Sec 416.... 483
peace conference.
Middle East Peace Facilitation Act PL 103-236............ 383
of 1994
Authority to suspend certain PL 103-236 Sec 583.... 383
provisions.
Findings......................... PL 103-236 Sec 582.... 383
Migration and refugee assistance.
See also Immigration
Africa
Appropriations authorization, PL 95-426 Sec 107..... 630
1979.
Appropriations authorization
1977........................... PL 94-350 Sec 101..... 655
1978........................... PL 95-105 Sec 101..... 645
1979........................... PL 95-426 Sec 101..... 627
1980 and 1981.................. PL 96-60 Sec 102...... 620
1982 and 1983.................. PL 97-241 Sec 102..... 611
1984 and 1985.................. PL 98-164 Sec 102..... 593
1986 and 1987.................. PL 99-93 Sec 101...... 570
PL 99-93 Sec 108...... 571
PL 99-93 Sec 110...... 572
1988 and 1989.................. PL 100-204 Sec 104.... 509
1990 and 1991.................. PL 101-246 Sec 104.... 458
1992 and 1993.................. PL 102-138 Sec 104.... 413
1994 and 1995.................. PL 103-236 Sec 101.... 325
PL 103-236 Sec 104.... 329
1998 and 1999.................. PL 105-277 Sec 2231... 294
2000 and 2001.................. PL 106-113 Sec 103.... 232
2003........................... PL 107-228 Sec 115.... 162
Bulgarian refugees in Turkey..... PL 101-246 Sec 704.... 486
Migration and refugee assistance--
Continued
Burmese, displaced
Humanitarian assistance
appropriations authorization
1992 and 1993................ PL 102-138 Sec 104.... 414
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(d). 163
Burmese refugees
Appropriations authorization, PL 101-246 Sec 702(b). 485
1990 and 1991.
Burmese students, report......... PL 101-246 Sec 703.... 486
Cambodia
Eligibility criteria for PL 95-624 Sec 16...... 1411
admission.
Consultations on admission of
refugees
Authorizations................. EO 12208 Sec 1-101.... 1381
Presidential functions......... EO 12208 Sec 1-102.... 1381
Cuban and Haitian refugees
Report on assistance costs..... PL 97-241 Sec 502..... 617
Cuban entrants................... EO 12341.............. 1402
Cuban nationals, processing for PL 100-204 Sec 903.... 544
admission to the United States.
Cuban political prisoners and
immigrants
Processing political prisoners PL 100-202 Sec 702.... 1396
as refugees.
Cuban Refugee Adjustment Act of
1966
Adjustment of status........... PL 89-732............. 1400
Application of Immigration and PL 89-732 Sec 4....... 1401
Nationality Act provisions.
Date of residence.............. PL 89-732 Sec 2....... 1401
No offset in number of visas PL 89-732 Sec 5....... 1401
available.
El Salvador
Appropriations authorization, PL 98-164 Sec 111..... 595
1984.
Haitian entrants................. EO 12341.............. 1402
Indochina refugees, status
adjustment
Applicability of Immigration PL 95-145 Sec 107..... 1413
and Nationality Act provisions.
General provisions............. PL 95-145 Sec 101..... 1412
Ineligibility.................. PL 95-145 Sec 105..... 1413
No offset of number of visas PL 95-145 Sec 106..... 1413
available.
Permanent residence PL 95-145 Sec 102..... 1412
establishment date.
PL 95-145 Sec 103..... 1412
Spouse and children............ PL 95-145 Sec 104..... 1413
Indochinese Refugee Resettlement PL 100-202............ 1407
and Protection Act of 1987.
Allocations of refugee PL 100-202 Sec 802(c). 1409
admissions.
Appropriations authorization... PL 100-202 Sec 101.... 1407
Declarations................... PL 100-202 Sec 804.... 1410
Findings....................... PL 100-202 Sec 804.... 1410
PL 100-202 Sec 802(a). 1407
International solutions to PL 100-202 Sec 802(d). 1409
refugee problems.
Recommendations................ PL 100-202 Sec 802(b). 1408
Reporting requirement.......... PL 100-202 Sec 803.... 1410
Indochinese resettlement......... PL 100-204 Sec 904.... 544
Involuntary return of, funding PL 105-277 Sec 2241... 295
prohibition.
Involuntary return of refugees, PL 84-885 Sec 58...... 63
funding prohibition.
PL 106-113 Sec 251.... 253
Israel
Appropriations authorization
1978......................... PL 95-105 Sec 104..... 646
Migration and refugee assistance--
Continued
Israel--Continued
Appropriations authorization--
Continued
1979......................... PL 95-426 Sec 106..... 630
1980 and 1981................ PL 96-60 Sec 103...... 621
1982 and 1983................ PL 97-241 Sec 107..... 613
1992 and 1993................ PL 102-138 Sec 104.... 414
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(b). 162
Lebanon
Appropriations authorization, PL 98-164 Sec 111..... 595
1984.
Migration and Refugee Assistance PL 87-510............. 1333
Act of 1962.
Audits of United States funds PL 87-510 Sec 8....... 1337
received by the United Nations
High Commissioner for Refugees.
Contracts and expenditure of PL 87-510 Sec 3....... 1335
funds authorization.
Delegation of authority........ PL 87-510 Sec 4....... 1336
Funds appropriation............ PL 87-510 Sec 5....... 1336
PL 87-510 Sec 7....... 1337
International Organization for PL 87-510 Sec 2....... 1333
Migration, United States
membership.
Migration and Refugee Assistance EO 11077.............. 1339
Act of 1962, administration of.
Definition..................... EO 11077 Sec 4........ 1340
Department of State EO 11077 Sec 1........ 1339
responsibilities.
Redelegation................... EO 11077 Sec 2........ 1340
Saving provisions.............. EO 11077 Sec 5........ 1341
Waivers........................ EO 11077 Sec 3........ 1340
Overseas assistance policy....... PL 103-236 Sec 501.... 354
Overseas refugee processing PL 107-228 Sec 243.... 172
report.
People's Republic of China, EO 12711.............. 1414
policy implementation with
respect to nationals.
Refugee Act of 1980
Purpose........................ PL 96-212............. 1367
Refugee Education Assistance Act
of 1980
Authorities for programs and PL 96-422 Sec 501..... 1398
activities.
Requirements for................. PL 103-236 Sec 501(c). 355
Romania
Human rights of Hungarians in PL 100-204 Sec 1205... 550
Transylvania.
Russian refugee assistance, PL 94-350 Sec 105..... 656
appropriations authorization,
1977.
Southeast Asia................... PL 100-204 Sec 906.... 547
Status eligibility............... PL 106-113 Sec 255.... 253
Thailand......................... PL 99-93 Sec 809...... 586
Tibet
Appropriations authorization, PL 101-246 Sec 702(a). 485
1990 and 1991.
Human rights violations by PL 100-204 Sec 1243(d) 561
People's Republic of China.
Tibetan refugees in India and
Nepal
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(c). 163
Turkish minority, treatment by PL 101-246 Sec 704.... 486
government of People's Republic
of Bulgaria.
United Nations Relief and Works PL 101-246 Sec 415.... 482
Agency for Palestinian Refugees
in the Near East, sense of
Congress.
Migration and refugee assistance--
Continued
Women and children, assistance PL 103-236 Sec 501.... 354
standards.
Mike Mansfield Fellowship Act PL 103-236............ 1483
Definitions...................... PL 103-236 Sec 257.... 1488
Establishment of program......... PL 103-236 Sec 252.... 1484
Liability for repayments......... PL 103-236 Sec 256.... 1488
Mansfield fellows on detail from PL 103-236 Sec 255.... 1487
Government service.
Program requirements............. PL 103-236 Sec 253.... 1484
Separation of Government PL 103-236 Sec 254.... 1487
personnel during fellowships.
Military activities
9/11 Commission recommendations.. PL 108-458 Sec 7101... 94
Military assistance
Bosnia-Herzegovina policy........ PL 103-236 Sec 520(c). 366
Military bases abroad
Terrorism security
Findings....................... PL 99-399 Sec 1101.... 1142
Report......................... PL 99-399 Sec 1103.... 1142
Secretary of Defense, PL 99-399 Sec 1102.... 1142
recommended actions, sense of
Congress.
Military expenditures
Restraint on..................... PL 93-126 Sec 16...... 666
Military personnel (United States)
Members of uniformed services
held as captives
Benefits for................... PL 99-399 Sec 806..... 1131
Disability and death PL 99-399 Sec 806..... 1133
compensation for dependents.
Educational assistance for PL 99-399 Sec 806..... 1135
members and their dependents.
Medical care for members and PL 99-399 Sec 806..... 1134
their dependents.
Notification of next of kin...... PL 84-885 Sec 43A..... 52
Personnel taken prisoner while PL 103-236 Sec 405.... 348
serving in multinational forces.
Minority groups
Assisting minority enterprise.... PL 95-426 Sec 123..... 631
Foreign Service, report.......... PL 105-277 Sec 2318... 300
Foreign Service and State PL 101-246 Sec 153(e). 471
Department recruitment.
Foreign Service employment report PL 107-228 Sec 324.... 180
Foreign Service placement program PL 103-236 Sec 178.... 341
Foreign Service recruitment
Appropriations authorization
1993......................... PL 102-138 Sec 101(c). 409
2000 and 2001................ PL 106-113 Sec 101.... 229
PL 96-465 Sec 105..... 714
PL 101-246 Sec 149.... 468
2003......................... PL 107-228 Sec 111.... 156
Increased participation of United PL 101-246 Sec 136(e). 468
States contractors in local
guard diplomatic security abroad.
Recruitment and retention in the PL 100-204 Sec 183.... 531
Foreign Service.
Representation in Foreign Service PL 99-93 Sec 152...... 582
Use of funds authorized for PL 107-228 Sec 325.... 181
recruitment of.
Money laundering
Fighting terrorist financing..... PL 108-458 Sec 7701... 138
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001
Anti-terrorist forfeiture PL 107-56 Sec 316..... 1091
protection.
Money laundering--Continued
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001--Continued
Cooperative efforts to deter PL 107-56 Sec 314..... 1089
money laundering.
Findings and purposes.......... PL 107-56 Sec 301..... 1086
International cooperation in PL 107-56 Sec 330..... 1092
investigations.
Use of authority of United PL 107-56 Sec 360..... 1093
States executive directors.
Wire transfers, cooperation on PL 107-56 Sec 328..... 1091
identification of originators.
Montenegro
Exchange program appropriations PL 107-228 Sec 112.... 158
authorization, 2003.
Moscow Embassy
Construction appropriations PL 102-138 Sec 101.... 408
authorization.
Extraordinary security safeguards PL 102-138 Sec 132.... 420
for construction of.
Multiyear contracting for PL 102-138 Sec 116.... 415
construction.
Most-favored-nation status
People's Republic of China
Conditions for continuing, PL 103-236 Sec 513.... 359
sense of Senate.
Multilateral diplomacy
Training......................... PL 108-458 Sec 7111(c) 103
Munitions Control, Office of
Appropriations authorization, PL 101-246 Sec 101(c). 456
1990 and 1991.
Museums
Benjamin Franklin House Museum PL 101-246 Sec 1004... 500
and Library.
Muslim countries
Economic policies to combat PL 108-458 Sec 7115... 107
terrorism.
Economic reform report........... PL 108-458 Sec 7120(b) 113
Education programs, report....... PL 108-458 Sec 7120(b) 112
Efforts to combat terrorism...... PL 108-458 Sec 7106... 98
Grants to United States-sponsored PL 108-458 Sec 7113... 105
schools to provide scholarships.
Promotion of United States values PL 108-458 Sec 7108(a) 99
through broadcast media.
Report........................... PL 108-458 Sec 7120(b) 111
United States scholarship and PL 108-458 Sec 7112... 104
exchange programs.
Mutual Educational and Cultural PL 87-256............. 1557
Exchange Act of 1961.
Agreements with foreign PL 87-256 Sec 103..... 1561
governments and international
organizations.
Appropriations authorization..... PL 87-256 Sec 105..... 1565
Authorizations................... PL 87-256 Sec 102..... 1558
PL 87-256 Sec 108..... 1568
Bureau of Educational and
Cultural Affairs
Allocation of funds............ PL 87-256 Sec 114..... 1576
Establishment of............... PL 87-256 Sec 112..... 1570
Delegation of powers............. PL 87-256 Sec 104..... 1562
Exchanges between United States PL 87-256 Sec 113..... 1575
and the Independent States of
the Former Soviet Union.
Federal employee acceptance of PL 87-256 Sec 108A.... 1569
grants and assistance.
J. William Fulbright Foreign PL 87-256 Sec 106..... 1566
Scholarship Board.
Reports.......................... PL 87-256 Sec 107..... 1568
Statement of purpose............. PL 87-256 Sec 101..... 1558
Mutual Educational and Cultural
Exchange Act of 1961--Continued
Working Group on United States PL 87-256 Sec 112(g).. 1573
Government Sponsored
International Exchanges and
Training.
Mutual Educational and Cultural EO 11034.............. 1589
Exchange Act of 1961,
administration of
Authority delegation............. EO 11034 Sec 5........ 1591
Definition....................... EO 11034 Sec 9........ 1593
Department of Commerce functions. EO 11034 Sec 3........ 1590
Department of Education functions EO 11034 Sec 4........ 1591
Department of State functions.... EO 11034 Sec 1........ 1589
Functions reserved to the EO 11034 Sec 7........ 1591
President.
Policy guidance.................. EO 11034 Sec 6........ 1591
Prior directives and actions..... EO 11034 Sec 11....... 1593
References to orders and Acts.... EO 11034 Sec 10....... 1593
United States Information Agency EO 11034 Sec 2........ 1590
functions.
Waivers.......................... EO 11034 Sec 8........ 1592
Myanmar. See Burma
N
Nairobi Forward-Looking Strategies PL 102-138 Sec 192.... 430
for the Advancement of Women,
implementation of, report
Nance-Donovan Foreign Relations PL 106-113............ 221
Authorization Act, FY 2000 and
2001.
Asia Foundation grants........... PL 106-113 Sec 105.... 237
Cambodia, report concerning PL 106-113 Sec 203.... 245
attack in.
Children's Issues, Office of
Authorities and activities..... PL 106-113 Sec 201.... 244
Cuban drug trafficking, report... PL 106-113 Sec 206.... 247
Department of State organization
Diplomatic telecommunications PL 106-113 Sec 305.... 256
service program office.
Legislative liaison offices.... PL 106-113 Sec 301.... 254
Official for Northeastern PL 106-113 Sec 302.... 255
Europe.
Science and Technology Adviser. PL 106-113 Sec 303.... 255
Department of State personnel
Financial disadvantages, report PL 106-113 Sec 338.... 258
Inspector General PL 106-113 Sec 339.... 258
investigations.
Management training, report.... PL 106-113 Sec 325.... 257
Survivors of terrorist attacks PL 106-113 Sec 340.... 259
overseas, compensation for.
Department of State provisions
Appropriations authorization... PL 106-113 Title I.... 227
Foreign affairs administration. PL 106-113 Sec 101.... 227
Forced abortion or sterilization, PL 106-113 Sec 801.... 264
denial of entry into United
States of foreign nationals.
Gender-related persecution task PL 106-113 Sec 254.... 253
force.
International Boundary and Water PL 106-113 Sec 702.... 260
Commission.
International broadcasting
activities
Appropriations authorization... PL 106-113 Sec 121.... 243
International commissions
Appropriations authorization... PL 106-113 Sec 102.... 231
International Criminal Court
Extradition or transfer of PL 106-113 Sec 706.... 262
United States citizens.
United States accession PL 106-113 Sec 705.... 261
restriction.
International expositions, PL 106-113 Sec 204.... 245
funding limitations.
International extradition, report PL 106-113 Sec 211.... 249
International organizations, PL 106-113 Sec 106.... 237
contributions to.
Nance-Donovan Foreign Relations
Authorization Act, FY 2000 and
2001--Continued
International organizations,
contributions to--Continued
PL 106-113 Sec 108.... 240
International organizations and PL 106-113 Title VII.. 260
commissions.
Joint funds under agreements for PL 106-113 Sec 210.... 249
cooperation.
North Korea Threat Reduction Act
of 1999
Definitions.................... PL 106-113 Sec 823.... 268
Nuclear cooperation PL 106-113 Sec 822.... 267
restrictions.
Organization of.................. PL 106-113 Sec 2...... 221
Passport restrictions on PL 106-113 Sec 238.... 252
individuals in arrears on child
support.
Passports for children under age PL 106-113 Sec 236.... 251
14.
Peacekeeping activities, PL 106-113 Sec 107.... 239
contributions to.
People's Republic of China
Diplomatic post personnel to PL 106-113 Sec 872.... 269
report on conditions.
Findings....................... PL 106-113 Sec 871.... 268
Prisoner Information Registry.. PL 106-113 Sec 873.... 270
Refugees
Status eligibility............. PL 106-113 Sec 255.... 253
United States involuntary PL 106-113 Sec 251.... 253
return policy.
Reporting requirements........... PL 106-113 Sec 209.... 248
Taiwan's membership in PL 106-113 Sec 704.... 261
international organizations,
United States support for.
Terrorism activity resulting in PL 106-113 Sec 805.... 265
deaths of United States
citizens, reporting requirements.
United Nations policy on Israel PL 106-113 Sec 721.... 263
and the Palestinians.
Visas
Application processing......... PL 106-113 Sec 237.... 251
Western Sahara, referendum PL 106-113 Sec 803.... 264
reports.
Narcotics. See Drug control
Narcotics and law enforcement
officer
Qualifications of................ PL 84-885 Sec 1(g).... 15
NASA. See National Aeronautics and
Space Administration
National Academy of Peace and
Conflict Resolution. See United
States Institute of Peace
National Aeronautics and Space
Administration
Funding restrictions............. PL 109-108 Sec 626.... 684
National and Community Service Act
of 1990
Exchange program with countries PL 101-610 Sec 602.... 1587
in transition from
totalitarianism to democracy.
National Commission on Educational,
Scientific, and Cultural
Cooperation
Appropriations authorization
1984 and 1985.................. PL 98-164 Sec 106..... 594
1986 and 1987.................. PL 99-93 Sec 105...... 571
National Counterterrorism Center
Relationship with Human Smuggling PL 108-458 Sec 7202(d) 119
and Trafficking Center.
Strategy......................... PL 108-458 Sec 7201(b) 114
Terrorist travel program......... PL 108-458 Sec 7215... 134
National Endowment for Democracy
Appropriations authorization
1984 and 1985.................. PL 98-164 Sec 205..... 1524
National Endowment for Democracy--
Continued
Appropriations authorization--
Continued
1988 and 1989.................. PL 100-204 Sec 210.... 1511
1990 and 1991.................. PL 101-246 Sec 201.... 1502
1992 and 1993.................. PL 102-138 Sec 201.... 1490
1998 and 1999.................. PL 105-277 Sec 2401... 1470
2000 and 2001.................. PL 106-113 Sec 104.... 235
2003........................... PL 107-228 Sec 112.... 159
2006........................... PL 109-108 Sec 408.... 679
PL 109-108 Title IV... 677
PL 109-108 Title IV... 1542
Establishment of free media PL 108-458 Sec 7108(c) 100
network.
Government Accountability Office PL 101-246 Sec 212.... 1504
study.
Program review................... PL 102-138 Sec 211.... 1491
National Endowment for Democracy PL 98-164............. 1615
Act.
Eligibility of Endowment for PL 98-164 Sec 504..... 1618
grants.
Findings and purposes............ PL 98-164 Sec 502..... 1616
Freedom of information........... PL 98-164 Sec 506..... 1620
Grants........................... PL 98-164 Sec 503..... 1617
Requirements relating to PL 98-164 Sec 505..... 1620
Endowment and grantees.
National Foreign Affairs Training
Center
Fees for use of.................. PL 84-885 Sec 53...... 61
National Foreign Intelligence
Program
Director of Central Intelligence EO 12333 Sec 1.5...... 960
responsibilities.
Heads of Executive branch EO 12333 Sec 1.6...... 963
departments and agencies
responsibilities.
National Gallery of Art
International Communication PL 95-426 Sec 205..... 1535
Agency functions.
National Infrastructure Simulation
and Analysis Center
Intelligence community use....... PL 108-458 Sec 8101... 1062
National Intelligence, Director of
Counterterrorist travel PL 108-458 Sec 7201(e) 118
intelligence program.
National Security Agency
Responsibilities of.............. EO 12333 Sec 1.12(b).. 968
National Security Council
Committees....................... EO 12333 Sec 1.2(b)... 959
Purpose of....................... EO 12333 Sec 1.2(a)... 958
Special Adviser on International PL 105-292 Sec 301.... 1282
Religious Freedom, sense of
Congress.
Nationality procedures. See also
Immigration
Birth abroad of United States
citizen
Application for consular report 22 CFR 50.5........... 1219
of.
Certification of report of..... 22 CFR 50.8........... 1221
Consular report of............. 22 CFR 50.7........... 1220
During time of war............. 22 CFR 50.6........... 1220
Definitions...................... 22 CFR 50.1........... 1218
Identity card.................... 22 CFR 50.9........... 1221
Identity certificate............. 22 CFR 50.11.......... 1221
Loss of nationality, 22 CFR 50.40.......... 1223
certification of.
Nationality
Renunciation................... 22 CFR 50.50.......... 1224
Resumption..................... 22 CFR 50.30.......... 1222
Retention...................... 22 CFR 50.20.......... 1222
Nationality certificate.......... 22 CFR 50.10.......... 1221
Notice of right to appeal loss of 22 CFR 50.51.......... 1224
nationality.
Passport application............. 22 CFR 50.4........... 1219
Persons abroad, determination of 22 CFR 50.2........... 1219
United States nationality.
Registration application......... 22 CFR 50.3........... 1219
NATO. See North Atlantic Treaty
Organization
Natural gas
International agreements......... PL 98-164 Sec 1009.... 606
Natural resources
International Union for the
Conservation of Nature and
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Membership authorization....... PL 101-246 Sec 402.... 476
Near and Middle East programs
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
PL 102-138 Sec 228.... 1499
NED. See National Endowment for
Democracy
Nepal
Tibetan refugees in
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2231... 295
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(c). 163
New Century Scholars Initiative
Appropriations authorization, PL 107-228 Sec 112.... 158
2003.
News media
International journalistic PL 95-426 Sec 603..... 637
freedom.
NFIP. See National Foreign
Intelligence Program
Nicaragua
Expropriation of United States PL 103-236 Sec 527(i). 370
property.
Trade embargo, partial lifting of PL 100-204 Sec 1212... 552
Nicaraguan Adjustment and Central PL 105-100............ 1389
American Relief Act.
Adjustment of status for
Nicaraguans and Cubans
Application of Immigration and PL 105-100 Sec 202(h). 1393
Nationality Act.
Availability of administrative PL 105-100 Sec 202(e). 1392
review.
Eligibility for................ PL 105-100 Sec 202(b). 1390
General provisions............. PL 105-100 Sec 202(a). 1389
Limitation on judicial review.. PL 105-100 Sec 202(f). 1392
No offset in number of visas PL 105-100 Sec 202(g). 1392
available.
Spouses and children........... PL 105-100 Sec 202(d). 1391
Stay of removal................ PL 105-100 Sec 202(c). 1391
Work authorization............. PL 105-100 Sec 202(c). 1391
Limitation on cancellations of PL 105-100 Sec 204.... 1394
removal and suspensions of
deportation.
Suspension of deportation, PL 105-100 Sec 203.... 1393
modification of transitional
rules.
9/11 Commission Implementation Act
of 2004
Intelligence community use of PL 108-458 Sec 8101... 1062
National Infrastructure
Simulation and Analysis Center.
PL 108-458 Title VII.. 94
9/11 Commission recommendations
Comprehensive coalition strategy PL 108-458 Sec 7117... 108
for fighting terrorism.
Democracy promotion at PL 108-458 Sec 7111... 102
international organizations.
Dictatorships, United States PL 108-458 Sec 7107... 98
policy toward, sense of Congress.
Economic policies to combat PL 108-458 Sec 7115... 107
terrorism.
Financing of terrorism
Coordination of United States PL 108-458 Sec 7704... 139
Government efforts against.
Definitions.................... PL 108-458 Sec 7702... 139
Findings....................... PL 108-458 Sec 7118(a) 109
9/11 Commission recommendations--
Continued
Financing of terrorism--Continued
Improving international PL 108-458 Sec 7701... 137
standards and cooperation
against.
Sense of Congress.............. PL 108-458 Sec 7118(b) 109
Findings......................... PL 108-458 Sec 7101... 94
Foreign terrorist organization PL 108-458 Sec 7119... 109
designation.
Free media promotion............. PL 108-458 Sec 7108... 99
Grants to United States-sponsored PL 108-458 Sec 7113... 105
schools to provide scholarships
in Muslim countries.
Human rights promotion at PL 108-458 Sec 7111... 102
international organizations.
International Youth Opportunity PL 108-458 Sec 7114... 106
Fund.
Islamist terrorism, efforts to PL 108-458 Sec 7106... 98
combat, sense of Congress.
Middle East Partnership PL 108-458 Sec 7116... 107
Initiative.
Pakistan, United States PL 108-458 Sec 7103... 96
commitment to future of.
Public diplomacy
Training....................... PL 108-458 Sec 7110... 101
Report........................... PL 108-458 Sec 7120... 109
Saudi Arabia, United States PL 108-458 Sec 7105... 97
relationship with.
Scholarship and exchange programs PL 108-458 Sec 7112... 104
in the Islamic world.
Social Security cards and numbers PL 108-458 Sec 7213... 134
Terrorist sanctuaries............ PL 108-458 Sec 7102... 95
Terrorist travel
Biometric entry and exit data PL 108-458 Sec 7208... 123
system.
Birth certificate standards.... PL 108-458 Sec 7211... 131
Consular officers' PL 108-458 Sec 7203... 119
responsibilities.
Counterterrorist travel PL 108-458 Sec 7201... 113
intelligence.
Department of Homeland Security PL 108-458 Sec 7215... 134
program.
Human Smuggling and Trafficking PL 108-458 Sec 7202... 118
Center establishment.
Immigration Security Initiative PL 108-458 Sec 7206... 123
International agreements to PL 108-458 Sec 7204... 120
track.
International document and PL 108-458 Sec 7205... 122
watchlist system standards.
Passports, lost or stolen, PL 108-458 Sec 7217... 134
study on.
Preinspection at foreign PL 108-458 Sec 7210... 130
airports.
Terrorist information exchange. PL 108-458 Sec 7210... 130
Travel documents............... PL 108-458 Sec 7209... 129
Visa and Passport Security PL 108-458 Sec 7218... 135
Program.
Visa waiver participants, PL 108-458 Sec 7207... 123
certification regarding
technology for.
9/11 Terrorist attacks
Condemnation of.................. PL 107-39............. 1099
1984 Act to Combat International PL 98-533............. 1192
Terrorism.
International cooperation........ PL 98-533 Sec 201..... 1195
Rewards for information on
international terrorism
Definitions.................... PL 98-533 Sec 3077.... 1194
Entitlement and maximum amount PL 98-533 Sec 3072.... 1193
determination.
Governmental officials PL 98-533 Sec 3074.... 1193
exception.
Identity protection............ PL 98-533 Sec 3073.... 1193
Information for which rewards PL 98-533 Sec 3071.... 1192
authorized.
Witness security program PL 98-533 Sec 3076.... 1194
eligibility.
United States missions abroad
Advisory Panel on Security of PL 98-533 Sec 301..... 1196
United States Missions Abroad.
1984 Act to Combat International
Terrorism--Continued
United States missions abroad--
Continued
Danger pay..................... PL 98-533 Sec 304..... 1196
Security enhancement........... PL 98-533 Sec 302..... 1196
Nonproliferation treaties
Enforcement of................... PL 103-236 Sec 530.... 373
North Korea, United States policy PL 103-236 Sec 529.... 371
concerning, sense of Congress.
North American National Security
Program
Feasibility study................ PL 107-173 Sec 401.... 1075
North Atlantic Treaty Organization
Appropriations authorization, PL 106-113 Sec 106.... 238
2000 and 2001.
Support of mutual defense PL 100-204 Sec 1254... 565
alliances.
North Korea
United States policy, sense of PL 103-236 Sec 529.... 371
Congress.
North Korea Threat Reduction Act of PL 106-113............ 267
1999.
Definitions...................... PL 106-113 Sec 823.... 268
Nuclear cooperation restrictions. PL 106-113 Sec 822.... 267
Northeastern Europe. See also
individual countries
Official for, Department of State PL 106-113 Sec 302.... 255
Northern Ireland
Peace process in, sense of PL 103-236 Sec 516.... 362
Congress.
Policing reform and human rights. PL 107-228 Sec 701.... 206
Northern Uganda Crisis Response Act
Findings......................... PL 108-283 Sec 2...... 144
Report........................... PL 108-283 Sec 4...... 146
Sense of Congress................ PL 108-283 Sec 3...... 145
Norway
Illegal technology transfers..... PL 100-204 Sec 1251... 565
Notification of next of kin
State Department procedures...... PL 84-885 Sec 43A..... 52
Nuclear energy. See also
International Atomic Energy Agency
Nuclear-powered satellites....... PL 95-426 Sec 608..... 640
World Alternate Energy Conference PL 95-426 Sec 609..... 640
Nuclear materials
Export to India, Argentina, and PL 98-164 Sec 1007.... 604
South Africa, policy toward.
Findings and purpose............. PL 104-132 Sec 501.... 1167
Suspension of export license PL 101-246 Sec 902.... 497
issuance to People's Republic of
China.
Thefts of explosive materials PL 104-132 Sec 503.... 1168
from armories, report.
Nuclear Proliferation Prevention PL 103-236............ 387
Act of 1994.
Definitions...................... PL 103-236 Sec 830.... 394
International financial PL 103-236 Sec 823.... 391
institutions' role.
Procurement sanctions............ PL 103-236 Sec 821.... 387
Prohibition on assisting PL 103-236 Sec 824.... 391
proliferation through financing.
Reports.......................... PL 103-236 Sec 828.... 393
Nuclear terrorism, international
Actions to combat................ PL 99-399 Sec 601..... 1123
International review of problem.. PL 99-399 Sec 605..... 1124
Physical security standards PL 99-399 Sec 604..... 1124
review.
Nuclear weapons. See also
International Atomic Energy Agency
Chinese proliferation practices, PL 102-138 Sec 324.... 438
report.
Countries aiding development in PL 105-277 Sec 2810... 312
Cuba, limitation on assistance.
Designed for deployment in PL 102-138 Sec 363.... 444
Europe, sense of Congress.
North Korea
United States policy, sense of PL 103-236 Sec 529.... 371
Congress.
Nuclear weapons--Continued
Nuclear Proliferation Prevention PL 103-236............ 387
Act of 1994.
People's Republic of China
Reports........................ PL 102-138 Sec 303.... 437
O
Oceania. See also individual
countries
Report........................... PL 101-246 Sec 1008... 503
Ombudsman for Civil Service
Employees, Office of
Establishment of................. PL 100-204 Sec 172(c). 528
Omnibus Diplomatic Security and PL 99-399............. 1101
Antiterrorism Act of 1986.
Accountability Review Boards
Convening...................... PL 99-399 Sec 301..... 1109
Facilities, services, supplies PL 99-399 Sec 302(b).. 1112
and staff.
Findings and recommendations... PL 99-399 Sec 304..... 1114
Membership..................... PL 99-399 Sec 302(a).. 1112
Procedures..................... PL 99-399 Sec 303..... 1112
Relation to other proceedings.. PL 99-399 Sec 305..... 1115
Afghanistan, policy toward....... PL 99-399 Sec 1308.... 1145
Demonstrations at embassies in PL 99-399 Sec 1302.... 1143
the District of Columbia, sense
of Congress.
Diplomatic security
Cooperation of other Federal PL 99-399 Sec 106..... 1107
agencies.
Findings and purposes.......... PL 99-399 Sec 102..... 1104
Protection of foreign PL 99-399 Sec 107..... 1108
consulates.
Secretary of State PL 99-399 Sec 103..... 1104
responsibilities.
Diplomatic Security Program
Advisory Panel on Overseas PL 99-399 Sec 407..... 1120
Security.
Authorization.................. PL 99-399 Sec 401..... 1115
Contracting efficiency......... PL 99-399 Sec 406..... 1119
Cost overruns.................. PL 99-399 Sec 405..... 1119
Department of State Inspector PL 99-399 Sec 413..... 1121
General.
Diplomatic construction program PL 99-399 Sec 402..... 1117
Facility in Israel, Jerusalem, PL 99-399 Sec 414..... 1121
or the West Bank, prohibition
on use of funds.
Maintenance and repair of PL 99-399 Sec 415..... 1122
facilities abroad, use of
cleared personnel.
Perimeter security training for PL 99-399 Sec 408..... 1120
diplomatic missions abroad.
Protective functions........... PL 99-399 Sec 410..... 1120
Public entrance protection for PL 99-399 Sec 409..... 1120
diplomatic missions abroad.
Qualifications of persons hired PL 99-399 Sec 404..... 1119
for diplomatic construction
program.
Reimbursement of Department of PL 99-399 Sec 411..... 1120
the Treasury for Secret
Service expenses.
Security requirements for PL 99-399 Sec 403..... 1119
contractors.
United States Information PL 99-399 Sec 412..... 1120
Agency Inspector General ,
appropriations for.
Foreign language skills, PL 99-399 Sec 1305.... 1144
strengthening of, sense of
Congress.
International convention, PL 99-399 Sec 1201.... 1143
encouragement for negotiation
of, sense of Congress.
Omnibus Diplomatic Security and
Antiterrorism Act of 1986--
Continued
Maritime security
Appropriations authorization, PL 99-399 Sec 912..... 1141
1987 through 1991.
Definitions.................... PL 99-399 Sec 911..... 1141
Foreign ports security PL 99-399 Sec 907..... 1139
standards.
International measures for PL 99-399 Sec 902..... 1138
seaport and shipboard security.
Panama Canal security.......... PL 99-399 Sec 904..... 1138
Port, harbor, and coastal PL 99-399 Sec 906..... 1139
facility security.
Preventing unlawful acts PL 99-399 Sec 903..... 1138
against passengers and crews
on board ships.
Reports........................ PL 99-399 Sec 913..... 1141
Seizure of vessels by PL 99-399 Sec 910..... 1141
terrorists, sanctions for.
Suspension of passenger PL 99-399 Sec 909..... 1140
services.
Terrorism threat to United PL 99-399 Sec 905..... 1139
States ports and vessels,
report.
Travel advisories concerning PL 99-399 Sec 908..... 1140
security at foreign ports.
Military bases abroad security
Findings....................... PL 99-399 Sec 1101.... 1142
Report......................... PL 99-399 Sec 1103.... 1142
Secretary of Defense, PL 99-399 Sec 1102.... 1142
recommended actions, sense of
Congress.
Multilateral cooperation
Diplomatic privileges and PL 99-399 Sec 704..... 1125
immunities, use for terrorism
purposes.
Increasing cooperation, reports PL 99-399 Sec 705..... 1125
on progress.
International Antiterrorism PL 99-399 Sec 701..... 1124
Committee.
Passports and visas, PL 99-399 Sec 702..... 1125
international arrangements
relating to.
Protection of Americans PL 99-399 Sec 703..... 1125
endangered by place of birth
on passports.
Nuclear terrorism, international
Actions to combat.............. PL 99-399 Sec 601..... 1123
International review of problem PL 99-399 Sec 605..... 1124
Physical security standards PL 99-399 Sec 604..... 1124
review.
Personnel
Contracting authority.......... PL 99-399 Sec 206..... 1109
Diplomatic Security Service.... PL 99-399 Sec 201..... 1108
Diplomatic Security Service PL 99-399 Sec 202..... 1108
Director.
Special agents................. PL 99-399 Sec 203..... 1108
Retirement allowance for Kurt PL 99-399 Sec 1303.... 1144
Waldheim, sense of Congress.
State Department authorities
Egypt, nonlethal airport PL 99-399 Sec 508..... 1123
security equipment and
commodities.
Rewards for information on PL 99-399 Sec 501..... 1122
international terrorists,
sense of Congress.
Terrorism-related travel PL 99-399 Sec 505..... 1123
advisories.
United States Telecommunications PL 99-399 Sec 1307.... 1145
Training Institute, support of
activities.
Victims of terrorism compensation
Alien employees, retention of PL 99-399 Sec 804..... 1131
leave after injury from
hostile action.
Benefits for captives and other PL 99-399 Sec 803..... 1126
victims of hostile action.
Compensation for disability or PL 99-399 Sec 803..... 1130
death.
Omnibus Diplomatic Security and
Antiterrorism Act of 1986--
Continued
Victims of terrorism
compensation--Continued
Disability and death PL 99-399 Sec 806..... 1133
compensation for dependents.
Educational assistance for PL 99-399 Sec 806..... 1135
members of uniformed services
held captive.
Medical care for members of PL 99-399 Sec 806..... 1134
uniformed services and their
dependents.
Members of uniformed services PL 99-399 Sec 806..... 1131
held as captives, benefits for.
Payment of compensation for PL 99-399 Sec 806..... 1137
victims.
Payment to individuals in PL 99-399 Sec 802..... 1126
captive status between
11/4/1979 and 1/21/1981.
Regulations.................... PL 99-399 Sec 807..... 1137
Transition provisions.......... PL 99-399 Sec 805..... 1131
Open Skies Treaty
Freedom of information exemption PL 103-236 Sec 533.... 374
on data.
Open World Leadership Center....... PL 106-554............ 1579
Administrative provisions........ PL 106-554 Sec 313(e). 1582
Appropriations authorization..... PL 106-554 Sec 313(f). 1582
Eligible foreign state defined... PL 106-554 Sec 313(j). 1582
Establishment of................. PL 106-554 Sec 313(a). 1579
Executive Director............... PL 106-554 Sec 313(d). 1582
Fund establishment............... PL 106-554 Sec 313(c). 1581
Purpose and authority of......... PL 106-554 Sec 313(b). 1580
Transfer of funds................ PL 106-554 Sec 313(g). 1582
Operation Smile
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
OPIC. See Overseas Private
Investment Corporation
Organization for Security and
Cooperation in Europe. See also
Commission on Security and
Cooperation in Europe; Conference
on Security and Cooperation in
Europe
Anti-Semitism conference......... PL 108-332 Sec 2...... 142
Organization of American States
Contributions to, 2000 and 2001.. PL 106-113 Sec 108(b). 241
Overseas Private Investment
Corporation
East Timor trade assistance...... PL 107-228 Sec 634.... 189
Suspension of activities in PL 101-246 Sec 902.... 496
People's Republic of China.
Transfer of functions............ PL 105-277 Sec 1412(b) 888
P
Pacific Charter Commission Act of
2000
Appropriations authorization..... PL 106-570 Sec 409.... 220
Duties of Commission............. PL 106-570 Sec 404.... 217
Establishment of Commission...... PL 106-570 Sec 403.... 217
Membership of Commission......... PL 106-570 Sec 405.... 218
Powers of Commission............. PL 106-570 Sec 406.... 219
Purposes of...................... PL 106-570 Sec 402.... 217
Staff and support services of PL 106-570 Sec 407.... 219
Commission.
Termination of Commission........ PL 106-570 Sec 408.... 220
Pakistan
Report........................... PL 108-458 Sec 7120(b) 110
United States commitment to PL 108-458 Sec 7103... 96
future of.
Palestine Liberation Organization
Findings and determinations...... PL 100-204 Sec 1002... 1188
Palestine Liberation Organization--
Continued
Funding restrictions related PL 97-241 Sec 104..... 612
projects providing political
benefits to.
Funds appropriation restrictions. PL 98-164 Sec 114..... 596
Membership in United Nations PL 101-246 Sec 414.... 482
agencies.
Middle East Peace Facilitation
Act of 1994
Authority to suspend certain PL 103-236 Sec 583.... 383
provisions.
Findings....................... PL 103-236 Sec 582.... 383
PLO Commitments Compliance Act of PL 101-246............ 488
1989.
Findings....................... PL 101-246 Sec 802.... 488
Reporting requirement.......... PL 101-246 Sec 804.... 490
United States policy........... PL 101-246 Sec 803.... 489
Prohibitions regarding........... PL 100-204 Sec 1003... 1189
Palestinian territories
Funding restrictions related to PL 97-241 Sec 104..... 612
Palestinian Rights Units.
Palestinian Broadcasting
Corporation
Funding restrictions, 2006..... PL 109-108 Sec 403.... 678
Palestinian Rights Units......... PL 95-426 Sec 614..... 643
PL 97-241 Sec 104..... 612
Prohibition on use of funds...... PL 100-204 Sec 130.... 513
United Nations policy on......... PL 106-113 Sec 721.... 263
Pan American Games
Appropriations authorization..... PL 94-350 Sec 110..... 657
Exchange activities
Appropriations authorization, PL 99-93 Sec 206...... 1520
1986 and 1987.
Pan American Institute of Geography
and History
Appropriations authorization, PL 97-241 Sec 113..... 615
1982 and 1983.
Panama Canal
Protection of United States PL 94-350 Sec 114..... 658
interests.
PL 95-105 Sec 506..... 651
Security against terrorism....... PL 99-399 Sec 904..... 1138
Pandemic influenza
Emergency Supplemental PL 109-148............ 687
Appropriations Act To Address
Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006.
Paraguay
Human rights in.................. PL 100-204 Sec 1214... 552
Parking
Availability for Department of PL 103-236 Sec 129.... 333
State members.
Partnership for Peace
Implementation of................ PL 103-236 Sec 514.... 360
Passports
Application...................... 22 CFR 50.4........... 1219
22 CFR 51.20.......... 1228
Affidavit of identifying 22 CFR 51.31.......... 1234
witness.
Amendment of passports......... 22 CFR 51.32.......... 1234
Change of name................. 22 CFR 51.24.......... 1230
Execution of................... 22 CFR 51.21.......... 1228
Identity of applicant.......... 22 CFR 51.28.......... 1233
Incompetents................... 22 CFR 51.26.......... 1230
Minors......................... 22 CFR 51.27.......... 1231
Name of applicant to be used... 22 CFR 51.23.......... 1230
Persons unacceptable as 22 CFR 51.30.......... 1234
witnesses.
Photographs.................... 22 CFR 51.25.......... 1230
Release of information......... 22 CFR 51.33.......... 1234
Written recital of matters of 22 USC 213 Sec 1...... 1251
fact.
Attempt of a citizen to enter 22 CFR 53.3........... 1249
without a valid passport.
Passports--Continued
Authority delegation............. EO 11295 Sec 1........ 1216
Saving provisions.............. EO 11295 Sec 3........ 1217
Superseded orders.............. EO 11295 Sec 2........ 1216
Cancellation of previously issued 22 CFR 51.8........... 1227
passport.
Citizens abroad, protection of... 22 USC 1732........... 1213
Citizenship by act of Congress or
treaty
Citizenship by birth in 22 CFR 51.52.......... 1237
territory under sovereignty of
the United States.
Former nationals of Spain or 22 CFR 51.51.......... 1237
Denmark.
Proof of resumption of United 22 CFR 51.53.......... 1238
States citizenship.
Requirement of additional 22 CFR 51.54.......... 1238
evidence of United States
citizenship.
Return or retention of evidence 22 CFR 51.55.......... 1238
of citizenship.
Criminal provisions
False statement in application 18 USC 1542........... 1258
and use.
Forgery or false use........... 18 USC 1543........... 1258
Fraud and misuse of visas, 18 USC 1546........... 1259
permits, and other documents.
Issuance without authority..... 18 USC 1541........... 1257
Misuse......................... 18 USC 1544........... 1259
Safe conduct violation......... 18 USC 1545........... 1259
Statute of limitations......... 18 USC 3291........... 1262
Damaged, mutilated or altered.... 22 CFR 51.6........... 1227
Definitions...................... 22 CFR 50.1........... 1218
22 CFR 51.1........... 1224
Denial to convicted drug PL 84-885 Sec 42...... 50
traffickers.
Diplomatic and official passports PL 95-426 Sec 125..... 631
Evidence of United States
citizenship or nationality
Burden of proof................ 22 CFR 51.40.......... 1234
Documentary evidence........... 22 CFR 51.41.......... 1235
Persons born abroad applying 22 CFR 51.44.......... 1235
for the first time.
Persons born in the United 22 CFR 51.43.......... 1235
States applying for the first
time.
Fees
Execution fee not refundable... 22 CFR 51.65.......... 1240
Exemption from payment......... 22 CFR 51.62.......... 1239
Expedited passport processing.. 22 CFR 51.66.......... 1240
Form of remittance............. 22 CFR 51.60.......... 1238
Passport Act of June 4, 1920... ...................... 1252
Refunds........................ 22 CFR 51.63.......... 1240
Replacement passports.......... 22 CFR 51.64.......... 1240
Services collected for......... 22 CFR 51.61.......... 1238
Impermissible basis for denial... PL 84-885 Sec 49...... 59
International agreements to PL 99-399 Sec 702..... 1125
combat terrorism.
Israel-only passports, PL 102-138 Sec 129.... 418
prohibition on issuance.
Issuance to children under age 14 PL 106-113 Sec 236.... 251
Issued to nationals only......... 22 CFR 51.2........... 1225
Limitation on geographical travel PL 95-426 Sec 124..... 631
restrictions.
Limitation on issuance or use
Allegiance to the United States 22 USC 212............ 1250
Denial of...................... 22 CFR 51.70.......... 1241
Denial to certain convicted 22 CFR 51.71.......... 1242
drug traffickers.
Notification of denial or 22 CFR 51.75.......... 1244
withdrawal of.
Revocation or restriction of... 22 CFR 51.72.......... 1243
Passports--Continued
Limitation on issuance or use--
Continued
Special validation for travel 22 CFR 51.74.......... 1244
to restricted areas.
Surrender of................... 22 CFR 51.76.......... 1244
Travel into or through 22 CFR 51.73.......... 1243
restricted areas, invalid for.
Lost or stolen, study on......... PL 108-458 Sec 7217... 134
Machine readable................. PL 107-56 Sec 417..... 1097
PL 82-414 Sec 217(a).. 1344
PL 82-414 Sec 217(c).. 1346
Marriages
Authentication of marriage and 22 CFR 52.2........... 1247
divorce documents.
Celebration of................. 22 CFR 52.1........... 1247
Certification as to marriage 22 CFR 52.3........... 1248
laws.
Married women
Alien born woman, marriage to 22 CFR 51.50.......... 1237
citizen prior to September 22,
1922.
Marriage between September 22, 22 CFR 51.48.......... 1237
1922 and March 3, 1931 to an
alien ineligible to
citizenship.
Marriage on or after September 22 CFR 51.49.......... 1237
22, 1922 to an alien eligible
to naturalization.
Marriage prior to September 22, 22 CFR 51.47.......... 1237
1922 to an alien who acquired
United States citizenship by
naturalization prior to
September 22, 1922.
Marriage to an alien between 22 CFR 51.46.......... 1236
March 2, 1907 and September
22, 1922.
Marriage to an alien prior to 22 CFR 51.45.......... 1236
March 2, 1907.
Optional use of a valid passport. 22 CFR 53.4........... 1249
Place of birth on................ PL 100-204 Sec 1253... 565
Processing fees used for enhanced PL 105-277 Sec 2221... 291
services.
Proof of United States PL 84-885 Sec 33...... 35
citizenship.
Property of United States 22 CFR 51.9........... 1228
Government.
Protection of Americans PL 99-399 Sec 703..... 1125
endangered by place of birth on
passports.
Reporting thefts................. PL 82-414 Sec 217(c).. 1347
Requirement exceptions........... 22 CFR 53.2........... 1248
Requirements..................... 22 CFR 53.1........... 1248
PL 108-458 Sec 7209(b) 129
Restrictions on individuals in PL 106-113 Sec 238.... 252
arrears on child support.
Review of adverse action,
procedures for
Admissibility of evidence...... 22 CFR 51.86.......... 1246
Appearance at hearing.......... 22 CFR 51.84.......... 1246
Applicability of............... 22 CFR 51.80.......... 1245
Decision of Deputy Assistant 22 CFR 51.89.......... 1247
Secretary for Passport
Services.
Functions of hearing officer... 22 CFR 51.83.......... 1245
Notice of hearing.............. 22 CFR 51.82.......... 1245
Privacy of hearing............. 22 CFR 51.87.......... 1246
Proceedings before hearing 22 CFR 51.85.......... 1246
officer.
Time limits on hearing to 22 CFR 51.81.......... 1245
review adverse action.
Transcript of hearing.......... 22 CFR 51.88.......... 1247
Secretary of State authority..... 22 USC 211a........... 1214
Security of...................... PL 103-236 Sec 131.... 333
Stolen, tracking system for...... PL 107-173 Sec 308.... 1074
Surcharges for enhanced border PL 108-447 Title IV... 691
security.
Passports--Continued
Taiwanese-Americans, record of PL 103-236 Sec 132.... 334
place of birth.
Travel document and issuance PL 94-141 Sec 102..... 660
system.
Travel documentation of aliens PL 82-414............. 1255
and citizens.
Types of......................... 22 CFR 51.3........... 1225
United States citizens born in PL 109-108 Sec 405.... 678
Jerusalem.
PL 107-228 Sec 214(d). 166
United States Passport Office, PL 94-350 Sec 106..... 657
appropriations authorization,
1977.
Validity, ten year............... 22 USC 217a Sec 2..... 1254
Validity of...................... 22 CFR 51.4........... 1226
Verification of.................. 22 CFR 51.7........... 1227
Visa and Passport Security PL 108-458 Sec 7218... 135
Program, Department of State.
Peace and conflict resolution. See
United States Institute of Peace;
peacekeeping operations
Peace Corps
Appropriations authorization
1994 and 1995.................. PL 103-236 Sec 601.... 386
2006........................... PL 109-148 Title II... 688
Location of offices abroad, sense PL 107-228 Sec 691.... 202
of Congress.
Notification of next of kin...... PL 84-885 Sec 43A..... 52
Peace process
Irish Peace Process Cultural and PL 105-319............ 1376
Training Program Act of 1998.
PL 105-319............ 1602
Appropriations authorization... PL 105-319 Sec 2(d)... 1378
PL 105-319 Sec 2(d)... 1603
Cost-sharing................... PL 105-319 Sec 2(c)... 1378
PL 105-319 Sec 2(c)... 1603
Purpose........................ PL 105-319 Sec 2(a)... 1376
PL 105-319 Sec 2(a)... 1602
Sunset......................... PL 105-319 Sec 2(e)... 1378
PL 105-319 Sec 2(e)... 1603
Peacekeeping activities
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 102(b). 508
1990 and 1991.................. PL 101-246 Sec 102(b). 457
1992 and 1993.................. PL 102-138 Sec 102(b). 411
Assessed contributions for United PL 103-236 Sec 404.... 347
Nations operations.
Contributions appropriations PL 109-108 Title IV... 675
authorization, 2006.
Contributions appropriations PL 109-108 Sec 409.... 679
limitation, 2006.
PL 109-108 Sec 413.... 680
Contributions to
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 102.... 327
1998 and 1999................ PL 105-277 Sec 2105... 283
2000 and 2001................ PL 106-113 Sec 107.... 239
2003......................... PL 107-228 Sec 113(b). 160
Defense Department funding for PL 103-236 Sec 403.... 346
United Nations operations, sense
of Senate.
Enhanced support for United PL 102-138 Sec 175.... 428
Nations operations.
International Peacekeeping Act of
1992
United Nations activities...... PL 102-311 Sec 2...... 451
Material donations to United PL 102-138 Sec 161.... 424
Nations operations.
Southern Africa, contributions PL 101-246 Sec 417.... 483
for.
United Nations activities, sense PL 107-228 Sec 689.... 201
of Congress.
United Nations Security Council.. PL 103-236 Sec 411.... 349
Peacekeeping activities--Continued
Withholding of assessed PL 103-236 Sec 401(a). 345
contributions, 1994 and 1995.
Pen registers. See Intelligence
surveillance
Pension System, Foreign Service
Administration of................ PL 96-465 Sec 859..... 821
Annuity, entitlement to.......... PL 96-465 Sec 855..... 818
Cost-of-living adjustments....... PL 96-465 Sec 858..... 821
Court order, defined............. PL 96-465 Sec 852..... 814
Creditable service............... PL 96-465 Sec 854..... 816
Deductions and withholdings from PL 96-465 Sec 856..... 820
pay.
Definitions...................... PL 96-465 Sec 852..... 814
Determinations of Secretary of PL 96-465 Sec 859(b).. 822
State.
Establishment of................. PL 96-465 Sec 851..... 813
Former spouses, entitlement of... PL 96-465 Sec 861..... 822
Fund, defined.................... PL 96-465 Sec 852..... 814
Government contributions......... PL 96-465 Sec 857..... 821
Lump-sum credit, defined......... PL 96-465 Sec 852..... 814
Normal cost, defined............. PL 96-465 Sec 852..... 814
Participant, defined............. PL 96-465 Sec 852..... 814
Participants..................... PL 96-465 Sec 853..... 815
Pro rata share, defined.......... PL 96-465 Sec 852..... 814
Special agent, defined........... PL 96-465 Sec 852..... 815
Spousal agreements............... PL 96-465 Sec 862..... 824
Supplemental liability, defined.. PL 96-465 Sec 852..... 814
System, defined.................. PL 96-465 Sec 852..... 815
Transition provisions............ PL 96-465 Sec 860..... 822
Valuations of.................... PL 96-465 Sec 859(c).. 822
People's Republic of China
Chinese Student Protection Act of
1992
Adjustment to lawful permanent PL 102-404 Sec 2...... 1404
resident status.
Congressional-Executive
Commission
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
Denial of entry into United PL 107-228 Sec 232.... 171
States of nationals engaged in
coerced organ transplantation.
Diplomatic post personnel to PL 106-113 Sec 872.... 269
report on political, economic,
and human rights matters.
Findings......................... PL 101-246 Sec 901.... 492
PL 106-113 Sec 871.... 268
Human rights in.................. PL 100-204 Sec 1245... 563
Human rights violations in Tibet. PL 100-204 Sec 1243... 559
Most-favored-nation status
Conditions for continuing, PL 103-236 Sec 513.... 359
sense of Senate.
Policy implementation with EO 12711.............. 1414
respect to nationals.
Prisoner Information Registry.... PL 106-113 Sec 873.... 270
Release of prisoners and access PL 107-228 Sec 617.... 187
to prisons.
Release of Yang Wei.............. PL 100-204 Sec 907.... 548
Religious persecution in Tibet... PL 107-228 Sec 620.... 187
Reports.......................... PL 102-138 Sec 303.... 435
Restrictions on exports of PL 109-108 Title IV... 672
satellites to.
Statements of policy, sense of PL 101-246 Sec 901.... 494
Congress.
Suspension of programs and PL 101-246 Sec 902.... 496
activities.
Tibet negotiations, United States PL 107-228 Sec 613.... 185
efforts.
Trade with United States......... PL 99-93 Sec 807...... 585
Transfer of defense articles..... PL 100-204 Sec 1243(c) 561
United Nations Fund for
Population Activities
Funding prohibition............ PL 106-113 Sec 108(d). 242
People's Republic of China--
Continued
United States-China Economic and
Security Review Commission
Responsibilities of............ PL 109-108 Sec 635.... 684
Salaries and expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
United States Senate-China
Interparliamentary Group
Salaries and expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
Voice of America broadcasts...... PL 101-246 Sec 236.... 1508
Weapons proliferation practices, PL 102-138 Sec 324.... 438
report.
Performance pay
Review of programs............... PL 100-204 Sec 175.... 529
Senior Foreign Service positions. PL 103-236 Sec 173.... 340
Permanent International Association
of Road Congresses
Funding limitation............... PL 102-138 Sec 176(c). 429
Persian Gulf
Acting in accordance with PL 100-204 Sec 1233... 556
international law in.
Arms transfers restraint policy
Definitions.................... PL 102-138 Sec 405.... 450
Findings....................... PL 102-138 Sec 401.... 445
Limitation on United States PL 102-138 Sec 403.... 448
arms sales.
Multilateral arms transfer and PL 102-138 Sec 402.... 446
control regime.
Reports........................ PL 102-138 Sec 404.... 449
Foreign Relations Persian Gulf PL 102-20............. 452
Conflict Emergency Supplemental
Authorization Act, 1991.
AID emergency evacuation PL 102-20 Sec 5....... 452
expenses.
Burdensharing.................. PL 102-20 Sec 6....... 453
Diplomatic and Consular Service PL 102-20 Sec 3....... 452
emergencies.
Salaries and expenses.......... PL 102-20 Sec 2....... 452
War criminals, sense of Congress. PL 102-138 Sec 301.... 434
Persian Gulf War
POW/MIA asylum program........... PL 106-484 Sec 3A..... 1371
Personnel management officer
Qualifications of................ PL 84-885 Sec 1(g).... 15
PFIAB. See President's Foreign
Intelligence Advisory Board
Philippines
Constitutional democracy PL 100-204 Sec 304.... 1514
professorship.
Physical searches. See also
Intelligence activities
Application certification........ EO 12949 Sec 3........ 981
Approval authority............... EO 12949 Sec 1........ 981
Authorization during time of war. PL 95-511 Sec 309..... 947
Authorization of................. PL 95-511 Sec 302..... 936
Civil liability.................. PL 95-511 Sec 308..... 946
Congressional oversight.......... PL 95-511 Sec 306..... 945
Definitions...................... PL 95-511 Sec 301..... 934
Information use.................. PL 95-511 Sec 305..... 943
Order application................ PL 95-511 Sec 303..... 938
Order issuance................... PL 95-511 Sec 304..... 940
Orders for....................... EO 12949 Sec 2........ 981
Penalties........................ PL 95-511 Sec 307..... 946
Plastic Explosives Convention
Implementation of
Findings and purposes.......... PL 104-132 Sec 601.... 1171
PLO Commitments Compliance Act of PL 101-246............ 488
1989
Findings......................... PL 101-246 Sec 802.... 488
Reporting requirement............ PL 101-246 Sec 804.... 490
United States policy............. PL 101-246 Sec 803.... 489
Poland
Assistance in support of PL 100-204 Sec 1207... 551
democracy.
Policing reform
Northern Ireland................. PL 107-228 Sec 701.... 206
Political prisoners
Cuban political prisoners and
immigrants
Appropriations authorization... PL 100-202 Sec 101.... 1396
Processing as refugees......... PL 100-202 Sec 702.... 1396
Political reporting
Funding for additional positions. PL 98-164 Sec 104..... 593
Polygraph program
Department of State, report...... PL 101-246 Sec 154.... 472
Diplomatic Security Service PL 100-204 Sec 163.... 526
personnel counterintelligence
screening.
Postal services
Diplomatic posts services........ PL 101-524 Sec 413.... 901
International arrangements....... PL 101-524 Sec 407.... 900
Preservation of America's Heritage
Abroad, Commission for
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
President
Foreign Service Star awarding.... PL 84-885 Sec 36A..... 43
Imposition of procurement PL 103-236 Sec 821.... 387
sanctions for acts contributing
to nuclear proliferation.
Middle East Peace Facilitation
Act of 1994
Authority to suspend certain PL 103-236 Sec 583.... 383
provisions.
Prohibition on assisting nuclear PL 103-236 Sec 824.... 391
proliferation through financing.
President's Foreign Intelligence
Advisory Board
Authority........................ EO 12863 Sec 1.2...... 978
Duties of........................ EO 12863 Sec 1.4...... 979
Establishment of................. EO 12863 Sec 1.1...... 978
Information use.................. EO 12863 Sec 3.1...... 980
Intelligence Oversight Board
Duties of...................... EO 12863 Sec 2.2...... 979
Establishment of............... EO 12863 Sec 2.1...... 979
Information sharing............ EO 12863 Sec 2.4...... 980
Information use................ EO 12863 Sec 3.1...... 980
Reports........................ EO 12863 Sec 2.3...... 980
Intention of order............... EO 12863 Sec 3.4...... 980
Reports.......................... EO 12863 Sec 1.3...... 978
Transportation and per diem EO 12863 Sec 3.2...... 980
allowances.
Prevention of Terrorist Access to
Destructive Weapons Act of 2004
Findings and purpose............. PL 108-458 Sec 6902... 1060
Prisoners of war
Bring Them Home Alive Act of 2000 PL 106-484............ 1369
Broadcasting information PL 106-484 Sec 4...... 1372
concerning.
Independent States of the PL 106-484 Sec 5...... 1373
Former Soviet Union defined.
Korean War POW/MIA asylum PL 106-484 Sec 3...... 1370
program.
Persian Gulf War POW/MIA asylum PL 106-484 Sec 3A..... 1371
program.
Vietnam War POW/MIA asylum PL 106-484 Sec 2...... 1369
program.
Vietnam War
POW/MIA
Report....................... PL 103-236 Sec 522.... 366
Sense of Congress............ PL 102-138 Sec 354.... 440
Sense of Senate.............. PL 103-236 Sec 521.... 366
Prisons
People's Republic of China
Prisoner Information Registry.. PL 106-113 Sec 873.... 270
Privacy Act
Foreign Relations of the United PL 84-885 Sec 405(a).. 91
States historical series.
Propaganda
Appropriation restrictions....... PL 93-126 Sec 14...... 665
PL 109-108 Sec 601.... 682
Prohibition on use of funds for PL 100-204 Sec 109.... 511
political purposes.
Property, expropriation of
Prohibition against.............. PL 103-236 Sec 527.... 368
Protection and Reduction of PL 103-236............ 398
Government Secrecy Act.
Compensation for Commission PL 103-236 Sec 908.... 401
members.
Composition of Commission........ PL 103-236 Sec 904.... 399
Final report of Commission....... PL 103-236 Sec 910.... 402
Findings......................... PL 103-236 Sec 902.... 398
Functions of Commission.......... PL 103-236 Sec 905.... 400
Powers of Commission............. PL 103-236 Sec 906.... 400
Purpose.......................... PL 103-236 Sec 903.... 399
Security clearances for PL 103-236 Sec 909.... 402
Commission members.
Staff of Commission.............. PL 103-236 Sec 907.... 401
Travel expenses for Commission PL 103-236 Sec 908.... 401
members.
Protective services, extraordinary
Foreign missions requirements.... PL 84-885 Sec 214..... 81
Public diplomacy. See also
Diplomacy
Advisory Commission
Continued service of members... PL 101-246 Sec 206(b). 1503
Duties and responsibilities.... PL 80-402 Sec 604(c).. 1443
Establishment of............... PL 80-402 Sec 604(a).. 1442
Limitation on authority........ PL 80-402 Sec 604(d).. 1443
Staff.......................... PL 80-402 Sec 604(b).. 1443
Sunset of...................... PL 106-113 Sec 1334... 1463
Congressional Presentation PL 105-277 Sec 1333(e) 886
Document.
Enhancing free and independent PL 108-458 Sec 7108(b) 100
media.
Nance-Donovan Foreign Relations
Authorization Act, 2000 and 2001
Appropriations authorization... PL 106-113 Sec 101.... 227
9/11 Commission recommendations.. PL 108-458 Sec 7101... 94
Plan for achievement of
objectives
Appropriations authorizations, PL 107-228 Sec 223.... 1458
2003.
PL 107-228 Sec 223.... 168
United States Information and PL 80-402 Sec 812..... 1452
Educational Exchange Act of
1948 funds authorization.
Program appropriations PL 107-228 Sec 112.... 157
authorization, 2003.
Restriction on use of funds...... PL 100-204 Sec 141.... 521
State Department responsibilities PL 84-885 Sec 60...... 65
Training......................... PL 108-458 Sec 7110... 101
Under Secretary.................. PL 105-277 Sec 1313... 880
PL 105-277 Sec 1313... 1706
PL 84-885 Sec 1(b).... 9
United States Advisory Commission
Sunset of...................... PL 105-277 Sec 1334... 886
United States Information Agency, PL 105-277 Sec 1333(d) 886
report.
Public international organizations.
See also International
organizations
Application of foreign mission PL 84-885 Sec 209..... 78
provisions.
Publicity
Appropriation restrictions....... PL 93-126 Sec 14...... 665
Publicity--Continued
Appropriation restrictions--
Continued
PL 109-108 Sec 601.... 682
Prohibition on use of funds for PL 100-204 Sec 109.... 511
political purposes.
R
Radio. See Broadcasting,
international
Radio Broadcasting to Cuba Act PL 98-111............. 1745
Advisory Board for Cuba PL 98-111 Sec 5....... 1748
Broadcasting.
Amendments....................... PL 101-246 Sec 245.... 1741
Appropriations authorization..... PL 98-111 Sec 8....... 1751
Assistance from other government PL 98-111 Sec 6....... 1749
agencies.
Broadcasting Board of Governors PL 98-111 Sec 3....... 1746
functions.
Cuba Service of the International PL 98-111 Sec 4....... 1748
Broadcasting Bureau.
Facility compensation............ PL 98-111 Sec 7....... 1750
Findings and purposes............ PL 98-111 Sec 2....... 1746
Radio Free Afghanistan Act
Appropriations authorization..... PL 107-148 Sec 3...... 1733
Establishment of................. PL 107-148 Sec 2...... 1733
Radio Free Asia Act of 1998........ PL 105-261............ 1735
Appropriations authorization..... PL 105-261 Sec 3902... 1735
Reporting requirement............ PL 105-261 Sec 3903... 1736
Rape counseling program
Appropriations authorization, PL 106-113 Sec 103(a). 233
2000 and 2001.
Reagan-Fascell Democracy Fellows
Appropriations authorization
2000 and 2001.................. PL 106-113 Sec 104.... 236
2003........................... PL 107-228 Sec 112.... 159
Real property
Acceptance of.................... PL 84-885 Sec 25(d)... 30
Disposition in event of death PL 84-885 Sec 43B(b).. 54
abroad.
Foreign mission requirements..... PL 84-885 Sec 205..... 73
Reconstruction
Iraq
Appropriations authorization, PL 105-277 Sec 2812(c) 313
1998.
Red Crescent Movement
Magen David Adom Society PL 107-228 Sec 690.... 202
admission, sense of Congress.
Red Cross, International Committee
of
Contribution to
1982 and 1983.................. PL 97-241 Sec 106..... 613
1986 and 1987.................. PL 99-93 Sec 109...... 572
1990 and 1991.................. PL 101-246 Sec 410.... 480
Regular budget of.............. PL 100-204 Sec 742.... 541
Recognition of Red Shield of PL 100-204 Sec 742(c). 541
David, sense of Congress.
REDI Center. See Regional Emerging
Diseases Intervention (REDI)
Center
Refugee Act of 1980
Purpose.......................... PL 96-212 Sec 101..... 1367
Refugee Education Assistance Act of
1980
Authorities for programs and PL 96-422 Sec 501..... 1398
activities.
Refugees. See Migration and refugee
assistance
Regional Emerging Diseases PL 109-140 Sec 1...... 871
Intervention (REDI) Center.
Regional nonproliferation
Reporting reduction.............. PL 105-277 Sec 2219(b) 291
Registered traveler program........ PL 108-458 Sec 7208(k) 128
Religious freedom
Commission on International
Religious Freedom
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
International Religious Freedom PL 105-292............ 1263
Act of 1998.
Ambassador at Large PL 105-292 Sec 101.... 1268
appointment, duties and
funding.
Asylum claims, studies on PL 105-292 Sec 605.... 1296
effect of expedited removal
provisions.
Asylum policy reform........... PL 105-292 Sec 603.... 1295
Business codes of conduct...... PL 105-292 Sec 701.... 1297
Claims of persecution, annual PL 105-292 Sec 601.... 1294
report as resource in cases
involving.
Commission on International PL 105-292 Title II... 1274
Religious Freedom.
Definitions.................... PL 105-292 Sec 3...... 1266
Equal access to United States PL 105-292 Sec 107.... 1273
missions abroad for conducting
religious activities.
Exports of certain items used PL 105-292 Sec 423.... 1293
in particularly severe
violations.
Findings....................... PL 105-292 Sec 2(a)... 1264
Foreign Service awards......... PL 105-292 Sec 504.... 1294
Internet site establishment.... PL 105-292 Sec 103.... 1272
National Security Council...... PL 105-292 Title III.. 1282
Nongovernmental organizations, PL 105-292 Sec 105.... 1272
high-level contacts with.
Office on International PL 105-292 Sec 101(a). 1268
Religious Freedom
establishment.
Particularly severe violations PL 105-292 Sec 402.... 1284
of religious freedom,
Presidential response to.
Policy......................... PL 105-292 Sec 2(b)... 1266
Preclusion of judicial review.. PL 105-292 Sec 410.... 1292
Presidential actions........... PL 105-292 Sec 405.... 1289
PL 105-292 Sec 406.... 1291
PL 105-292 Sec 408.... 1291
PL 105-292 Sec 409.... 1292
PL 105-292 Title IV... 1283
Presidential consultations..... PL 105-292 Sec 403.... 1287
Presidential waiver............ PL 105-292 Sec 407.... 1291
Prisoner lists and issue briefs PL 105-292 Sec 108.... 1273
Programs and allocations of PL 105-292 Sec 106.... 1272
funds by United States
missions abroad, sense of
Congress.
Promotion assistance........... PL 105-292 Sec 501.... 1293
Refugee policy reform.......... PL 105-292 Sec 602.... 1294
Reports........................ PL 105-292 Sec 102.... 1269
PL 105-292 Sec 404.... 1288
Special Adviser on PL 105-292 Sec 301.... 1282
International Religious
Freedom, sense of Congress.
Violations of religious PL 105-292 Sec 401.... 1283
freedom, Presidential response
to.
Soviet Union
State sponsored harassment of PL 100-204 Sec 1204... 550
religious groups, sense of
Congress.
Tibet, religious persecution in.. PL 107-228 Sec 620.... 187
Reorganization Plan No. 2 of 1977.. RP 77-2............... 1546
International Communication ...................... 1546
Agency.
Abolitions and supersessions... Sec 9................. 1549
Transfer of functions.......... Sec 7................. 1546
Transfers...................... Sec 10................ 1550
Reorganization Plan No. 2 of 1977--
Continued
International Communication
Agency--Continued
United States Advisory Sec 8................. 1548
Commission on International
Communication, Cultural and
Educational Affairs.
Reorganization Plan No. 8 of 1953.. RP 53-8............... 1545
United States Information Agency
Transfer of functions.......... Sec 2................. 1545
Repatriation loans
Appropriations authorization
1994 and 1995.................. PL 103-236 Sec 101.... 324
1998 and 1999.................. PL 105-277 Sec 2101... 280
2000 and 2001.................. PL 106-113 Sec 101.... 231
2003........................... PL 107-228 Sec 111.... 157
2006........................... PL 109-108 Title IV... 674
Secretary of State authority..... PL 84-885 Sec 4(d).... 20
Reports to Congress
Accountability Review Boards..... PL 99-399 Sec 301..... 1111
PL 99-399 Sec 304..... 1114
Advisory Commissions for PL 80-402 Sec 603..... 1441
Information and Educational
Exchange.
Advisory Panel on Overseas PL 99-399 Sec 407..... 1120
Security.
Advisory Panel on Radio Marti and PL 103-121 Title V.... 1753
TV Marti.
Afghanistan
Administration policy on....... PL 100-204 Sec 1242... 558
USIA plan...................... PL 101-246 Sec 211(b). 1504
USIA programming............... PL 100-204 Sec 206(b). 1510
Aliens
Failure to appear.............. PL 107-173 Sec 605.... 1081
International electronic data PL 107-173 Sec 603(b). 1080
system.
List of those denied visas..... PL 105-277 Sec 616.... 700
Nonimmigrant information PL 107-173 Sec 602.... 1080
requirements, study of.
Anti-Semitism.................... PL 108-332 Sec 4...... 142
Asian-Pacific Regional Human PL 100-204 Sec 747.... 541
Rights Convention.
Au pair programs extension....... PL 104-72 Sec 1....... 1543
Aviation security
Advanced airline passenger PL 108-458 Sec 4012... 1054
prescreening.
Biometric entry and exit data PL 108-458 Sec 7207(c) 124
system.
Biometric identifier scanning PL 107-56 Sec 1008.... 1098
system.
Bosnia-Herzegovina
Safety and security of PL 103-236 Sec 130.... 333
personnel in Sarajevo.
Boundaries of the United States, PL 101-246 Sec 1007... 503
agreements pertaining to.
British-American PL 102-138 Sec 168.... 424
Interparliamentary Group.
Bureau of International Narcotics PL 99-93 Sec 131...... 576
Matters personnel system.
Business records access.......... PL 95-511 Sec 502..... 955
Cambodia, attack in.............. PL 106-113 Sec 203.... 245
Cambodian Genocide Justice Act, PL 103-236 Sec 574.... 382
State Department Office
activities.
Clean Water for the Americas PL 107-228 Sec 650.... 194
Partnership Act of 2002.
Colombia
Activities in.................. PL 107-228 Sec 694.... 203
United States-sponsored PL 107-228 Sec 695.... 204
activities.
Commission for the Study of PL 99-603 Sec 601(c).. 1366
International Migration and
Cooperative Economic Development.
Reports to Congress--Continued
Commission on Proposals for the PL 95-561 Sec 1516.... 1019
National Academy of Peace and
Conflict Resolution.
Commission on Protecting and PL 103-236 Sec 910.... 402
Reducing Government Secrecy.
Commission on Security and PL 94-304 Sec 6....... 1757
Cooperation in Europe.
Conferences, international
Travel reports................. PL 105-277 Sec 2505... 303
Consolidation of administrative PL 103-236 Sec 128.... 333
operations.
Consolidation of foreign affairs PL 105-277 Sec 1601... 892
agencies.
PL 105-277 Sec 1617... 899
Constitutionality of restricting PL 104-132 Sec 709.... 1172
instructional materials.
Counterdrug activities, State PL 105-277 Sec 2214(a) 288
Department.
Counterfeiting
Combatting international PL 104-132 Sec 807(c). 1173
counterfeiting of United
States currency.
Counterterrorist travel PL 108-458 Sec 7201(d) 117
intelligence training program.
Credit reports, international.... PL 102-138 Sec 197.... 432
Criminal history records access PL 107-56 Sec 403..... 1094
of visa applicants and
applicants for admission to the
United States.
Cuba
Drug trafficking............... PL 106-113 Sec 206.... 247
Emigration policies............ PL 105-277 Sec 2245... 297
International Atomic Energy PL 105-277 Sec 2809(c) 312
Agency programs or projects.
Cuban Liberty and Democratic PL 105-277 Sec 2802... 306
Solidarity (LIBERTAD) Act of
1996.
Cultural Center in Kosovo........ PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Cultural Property Advisory PL 97-446 Sec 306(f).. 1672
Committee.
Democracy effectiveness study.... PL 103-236 Sec 534.... 375
Diplomatic and Consular Service PL 100-204 Sec 124.... 512
emergency expenditures.
Diplomatic construction security PL 102-138 Sec 136.... 421
needs.
Diplomatic facilities security PL 106-113 Sec 605.... 1153
obligations and expenditures.
Diplomatic immunity.............. PL 100-204 Sec 137.... 514
PL 84-885 Sec 56(a)... 61
PL 84-885 Sec 204B(a). 71
Diplomatic Security Service PL 102-138 Sec 134.... 420
Special Agents.
Diplomatic telecommunications PL 106-113 Sec 305(c). 256
service program office reform.
Diplomats, crimes committed by... PL 84-885 Sec 56(a)... 61
PL 84-885 Sec 204B(a). 71
Disadvantaged enterprises, PL 101-246 Sec 126(g). 463
participation in foreign
relations activities.
Drug control
Alliance against trafficking in PL 105-277 Sec 2807(b) 310
the Western Hemisphere.
International certification PL 107-228 Sec 706.... 211
procedures.
East Timor
Information requirements....... PL 107-228 Sec 638.... 191
Security assistance............ PL 107-228 Sec 637.... 190
Education
Burmese students............... PL 101-246 Sec 703.... 486
Expansion of United States PL 108-458 Sec 7120(b) 112
programs in Islamic world.
Reports to Congress--Continued
Education--Continued
Grant program for foreign study PL 106-309 Sec 304.... 1578
by United States college
students of limited financial
means.
Pilot program to provide grants PL 108-458 Sec 7113(g) 106
to United States-sponsored
schools for scholarships in
Muslim countries.
Educational and cultural exchange PL 87-256 Sec 107..... 1568
programs.
Eisenhower Exchange Fellowships.. PL 101-454 Sec 7...... 1637
Electronic surveillance within PL 95-511 Sec 107..... 932
the United States.
PL 95-511 Sec 108..... 933
Expropriation of United States PL 103-236 Sec 527(f). 369
property.
Extradition policy and practice.. PL 107-228 Sec 696.... 204
Foreign Emergency Support Team... PL 106-113 Sec 606.... 1157
Foreign intelligence surveillance PL 95-511 Sec 601..... 955
Foreign language entrance PL 101-246 Sec 162.... 475
requirement for Foreign Service.
Foreign missions, allocation of PL 100-204 Sec 129.... 512
shared costs.
Foreign nationals, employment at PL 100-204 Sec 159.... 525
foreign service posts abroad.
Foreign ports security standards. PL 99-399 Sec 907(c).. 1140
Foreign Service
Classification of Senior PL 103-236 Sec 175.... 341
positions.
Diversity of personnel......... PL 101-246 Sec 153.... 470
Internship Program............. PL 96-465 Sec 1203.... 861
PL 101-246 Sec 149(d). 469
Lateral entry program for PL 99-93 Sec 121(b)... 573
businessmen and farmers,
feasibility study.
Merit personnel system audit... PL 100-204 Sec 174.... 529
Personnel plan................. PL 96-465 Sec 601(c).. 745
Personnel security program for PL 100-204 Sec 155(b). 524
embassies in high intelligence
threat countries.
Placement program for women and PL 105-277 Sec 2318... 300
minorities.
PL 103-236 Sec 178(c). 341
Post differentials and danger PL 109-140 Sec 4(e)... 872
pay allowances.
Safety and security of PL 103-236 Sec 130.... 333
personnel in Sarajevo.
Security requirements for PL 106-113 Sec 606.... 1155
United States diplomatic
facilities.
State Department personnel..... PL 100-204 Sec 184.... 531
Western Sahara referendum PL 106-113 Sec 803.... 264
reports.
Foreign Service buildings
Listing of surplus properties.. PL 69-186 Sec 12...... 1307
Foreign travel................... PL 105-277 Sec 2505(d) 304
Free media....................... PL 108-458 Sec 7120(b) 111
FREEDOM Support Act exchange and PL 102-511 Sec 807.... 1627
training programs.
Frozen or blocked assets......... PL 103-236 Sec 511.... 359
German Foundation ``Remembrance, PL 107-228 Sec 704.... 209
Responsibility, and the Future''.
Global Anti-Semitism Review Act PL 108-332 Sec 4...... 142
of 2004.
Hague Convention on Civil Aspects PL 105-277 Sec 2803... 307
of Child International Abduction.
Haitian nationals, adjustment of PL 105-277 Sec 902(k). 1386
status.
Human Smuggling and Trafficking PL 108-458 Sec 7202(d) 119
Center needs.
Illegal technology transfers..... PL 100-204 Sec 1251... 565
Reports to Congress--Continued
Immigration
Interoperable law enforcement PL 107-173 Sec 202.... 1069
and intelligence information
data system with name-matching
capacity.
Independent States of the Former
Soviet Union.
Russian military operations in. PL 103-236 Sec 528.... 370
Inspector General, Office of
Annual reports................. PL 96-465 Sec 209(d).. 721
Personnel investigations, State PL 105-277 Sec 2208(c) 286
Department.
Integrated Automated Fingerprint PL 107-56 Sec 405..... 1095
Identification System.
Inter-American Cooperation in PL 99-93 Sec 149...... 581
Space, Science, and Technology.
International agreements......... 22 CFR Part 181 Sec 995
181.7.
International broadcasting
Personnel...................... PL 107-228 Sec 506.... 1702
PL 102-138 Sec 235.... 1717
Radio Free Asia................ PL 105-261 Sec 3903... 1736
Radio to Iran in Farsi......... PL 105-277 Sec 2417... 1471
Soviet Jewish population....... PL 99-93 Sec 306...... 1725
International Communication EO 12048 Sec 4........ 1554
Agency.
International criminals PL 105-277 Sec 2214(b) 289
information system.
International expositions........ PL 106-113 Sec 204(d). 246
International extradition........ PL 106-113 Sec 211.... 249
PL 107-228 Sec 696.... 204
International organizations
Employment of United States PL 102-138 Sec 181.... 430
citizens.
Parliamentary Assembly of the PL 102-138 Sec 169.... 425
Conference on Security and
Cooperation, United States
Delegation to.
Special purpose................ PL 102-138 Sec 176.... 428
International Religious Freedom PL 105-292 Sec 102.... 1269
Act of 1998.
Involuntary return of refugees... PL 84-885 Sec 58(b)... 64
Iran
People's Mujaheddin of......... PL 103-236 Sec 523.... 367
Iraq
Democratic opposition in, PL 105-277 Sec 2812(g) 314
support for.
Release of prisoners held in... PL 102-138 Sec 356.... 441
Israel's diplomatic relations PL 107-228 Sec 215.... 167
with other countries, promotion
efforts.
Jerusalem Embassy Act of 1995
Implementation of.............. PL 104-45 Sec 5....... 1312
Semiannual reports............. PL 104-45 Sec 6....... 1312
Laos
Human rights violations........ PL 105-277 Sec 2806... 309
LIBERTAD Act of 1996............. PL 105-277 Sec 2802... 306
Macau, United States policy with PL 106-570 Sec 204.... 216
respect to.
Man-Portable Air Defense Systems
Nonproliferation and control PL 108-458 Sec 4026(a) 1055
policy.
Vulnerability assessments PL 108-458 Sec 4026(d) 1057
report.
Maritime security................ PL 99-399 Sec 913..... 1141
Mexico and United States PL 101-246 Sec 1009... 503
relationship.
Middle East
Arms sales policy.............. PL 103-236 Sec 563(b). 378
Arms transfers restraint policy PL 102-138 Sec 404.... 449
Middle East Peace Facilitation PL 103-236 Sec 583.... 385
Act of 1994 authority.
Multilateral and bilateral PL 101-246 Sec 413.... 481
commissions.
Reports to Congress--Continued
Muslim countries
Economic reform................ PL 108-458 Sec 7120(b) 113
Education programs............. PL 108-458 Sec 7120(b) 112
PL 108-458 Sec 7120(b) 111
Nairobi Forward-Looking PL 102-138 Sec 192.... 430
Strategies for the Advancement
of Women.
National Endowment for Democracy
Government Accountability PL 101-246 Sec 212(b). 1504
Office study.
9/11 Commission recommendations.. PL 108-458 Sec 7120... 109
North American National Security PL 107-173 Sec 401(c). 1076
Program, feasibility study.
Northern Ireland
Policing reform and human PL 107-228 Sec 701(d). 207
rights.
Northern Uganda, situation in.... PL 108-283 Sec 4...... 146
Nuclear non-proliferation PL 103-236 Sec 843.... 397
initiatives.
Nuclear Proliferation Prevention PL 103-236 Sec 828.... 393
Act of 1994.
Nuclear proliferation procurement PL 103-236 Sec 821(b). 388
sanctions.
Nuclear terrorism physical PL 99-399 Sec 604..... 1124
security standards.
Oceania.......................... PL 101-246 Sec 1008... 503
Overseas coordination of PL 105-277 Sec 2214(c) 289
counterdrug and anticrime
programs.
Overseas presence................ PL 106-113 Sec 607.... 1157
Pacific Charter Commission....... PL 106-570 Sec 404(e). 218
Pakistan......................... PL 108-458 Sec 7120(b) 110
Panama Canal security............ PL 99-399 Sec 904..... 1138
Partnership for Peace, PL 103-236 Sec 514.... 360
implementation of.
Passenger manifests.............. PL 107-173 Sec 402.... 1076
Passports
Arab League rejection of PL 102-138 Sec 129(c). 419
persons visiting Israel.
Deletion of place of birth..... PL 99-399 Sec 703..... 1125
Lost or stolen, study on....... PL 108-458 Sec 7217... 134
Restrictions on individuals in PL 106-113 Sec 238.... 252
arrears on child support,
feasibility study.
Pen registers for foreign PL 95-511 Sec 406..... 953
intelligence purposes.
People's Mujaheddin of Iran...... PL 103-236 Sec 523.... 367
People's Republic of China
Arms control................... PL 102-138 Sec 303.... 436
Nuclear weapons................ PL 102-138 Sec 303.... 437
PL 102-138 Sec 303.... 435
Suspension of programs and PL 101-246 Sec 902(c). 499
activities.
Weapons proliferation practices PL 102-138 Sec 324.... 438
Performance pay, review of PL 100-204 Sec 175.... 529
programs.
Persian Gulf
Arms transfers restraint policy PL 102-138 Sec 404.... 449
War criminals proposal......... PL 102-138 Sec 301(c). 435
Physical searches for foreign PL 95-511 Sec 306..... 945
intelligence purposes.
PLO Commitments Compliance Act of PL 101-246 Sec 804.... 490
1989.
Prohibition on assisting nuclear PL 103-236 Sec 824(e). 392
proliferation through financing.
Refugees
Costs to assist refugees and PL 97-241 Sec 502..... 617
Cuban and Haitian entrants.
Indochinese resettlement and PL 100-202 Sec 803.... 1410
protection.
Overseas processing............ PL 107-228 Sec 243.... 172
Reports to Congress--Continued
Regional Emerging Diseases PL 109-140 Sec 1(b)... 871
Intervention (REDI) Center.
Religious freedom
Commission on International PL 105-292 Sec 205.... 1279
Religious Freedom.
Presidential actions........... PL 105-292 Sec 404.... 1288
Reorganization of Department of PL 101-246 Sec 127.... 463
State.
Reporting reduction.............. PL 105-277 Sec 2219... 290
Research and Training for Eastern PL 98-164 Sec 807..... 1642
Europe and the Independent
States of the Former Soviet
Union Act of 1983.
RFE/RL, Incorporated, PL 105-277 Sec 1328... 884
privatization.
PL 105-277 Sec 1328... 1710
Russian Leadership Program....... PL 106-31 Sec 3011(f). 1585
Saudi Arabia..................... PL 108-458 Sec 7120(b) 110
Claims by United States firms PL 105-277 Sec 2801... 305
against government.
Secretary of State
Diplomatic immunity cases...... PL 84-885 Sec 56(a)... 61
Official residence............. PL 99-93 Sec 130...... 575
Security at military bases abroad PL 99-399 Sec 1103.... 1142
Security measures to prevent PL 99-399 Sec 903..... 1138
unlawful acts against passengers
and crews on board ships.
Security of passports............ PL 103-236 Sec 131(b). 333
Sexual harassment at Department PL 102-138 Sec 194.... 431
of State.
PL 101-246 Sec 155(d). 473
Sharing of information concerning PL 99-93 Sec 132...... 576
drug traffickers.
Small business participation in PL 107-228 Sec 687.... 198
USAID procurement contracts.
Soviet employees at United States PL 99-93 Sec 137(b)... 577
missions in Soviet Union.
Spoils of war, transfers PL 103-236 Sec 554.... 377
subsequent to August 2, 1990.
SS-23 missiles................... PL 102-138 Sec 325.... 439
Staff element review............. PL 108-447 Sec 409.... 692
State, Department of
Audit of emergency expenditures PL 84-885 Sec 4(c).... 20
Commission to study personnel PL 102-138 Sec 150(c). 422
questions.
Compensation for personal PL 102-138 Sec 154.... 423
property loss incident to
service.
Diversity of personnel......... PL 101-246 Sec 153.... 470
Financial disadvantages for PL 106-113 Sec 338.... 258
administrative and technical
personnel.
Management training............ PL 106-113 Sec 325.... 257
Polygraph program.............. PL 101-246 Sec 154.... 472
Reprogramming of funds......... PL 84-885 Sec 34...... 36
Rewards program................ PL 84-885 Sec 36(g)... 41
Survivors of terrorist attacks PL 106-113 Sec 340.... 259
overseas, compensation for.
Taiwan's membership in PL 106-113 Sec 704.... 261
international organizations,
United States support for.
Tax treatment of hostages........ PL 96-449 Sec 206..... 1205
Technical security and PL 102-138 Sec 193.... 431
counterintelligence capabilities.
Terrorism
Annual country reports on...... PL 100-204 Sec 140.... 516
Activity resulting in deaths of PL 106-113 Sec 805.... 265
United States citizens.
Financing...................... PL 108-458 Sec 6303... 1058
Increasing multilateral PL 99-399 Sec 705..... 1125
cooperation to combat.
Reports to Congress--Continued
Terrorism--Continued
International efforts to track PL 108-458 Sec 7204(c) 122
terrorist travel.
Related services control PL 84-885 Sec 40(g)... 49
authority.
Threat to United States ports PL 99-399 Sec 905..... 1139
and vessels.
Terrorist assets in the United PL 102-138 Sec 304.... 437
States.
Terrorist information exchange... PL 108-458 Sec 7210(c) 130
Terrorist lookout committees..... PL 107-173 Sec 304(f). 1073
Thefts of explosive materials PL 104-132 Sec 503.... 1168
from armories.
Tibet............................ PL 107-228 Sec 614.... 186
Negotiations................... PL 107-228 Sec 613.... 185
Occupied....................... PL 103-236 Sec 536.... 375
Voice of America broadcasts.... PL 101-246 Sec 234(c). 1507
Trap and trace devices for PL 95-511 Sec 406..... 953
foreign intelligence purposes.
Uganda........................... PL 108-283 Sec 4...... 146
United Nations
Employees of, requirement to PL 99-93 Sec 151(b)... 582
return salaries to their
governments.
Peacekeeping activities, PL 102-138 Sec 175.... 428
enhanced support for.
Policy on Israel and the PL 106-113 Sec 721(c). 263
Palestinians.
United States mission to, PL 102-138 Sec 174(b). 428
housing benefits.
Voting practices............... PL 101-246 Sec 406.... 477
United Nations Educational, PL 101-246 Sec 408.... 479
Scientific and Cultural
Organization (UNESCO).
PL 102-138 Sec 170.... 427
United Nations Fund for PL 106-113 Sec 108(d). 242
Population Activities, funding
prohibition.
United Nations Relief and Works PL 101-246 Sec 415.... 482
Agency for Palestinian Refugees
in the Near East.
United States Commission on PL 100-204 Sec 726.... 539
Improving the Effectiveness of
the United Nations.
United States Information Agency
Coordination of exchange PL 103-236 Sec 229.... 1479
programs.
Cultural Center in Kosovo...... PL 102-138 Sec 223(b). 1496
PL 102-138 Sec 223(b). 1630
International exchange programs PL 103-236 Sec 242.... 1483
involving disability related
matters.
Office in Lhasa, Tibet......... PL 103-236 Sec 221(b). 1479
Public diplomacy functions..... PL 105-277 Sec 1333(d) 886
Public programming materials PL 101-246 Sec 213.... 1504
acquisition and use.
United States Institute of Peace. PL 98-525 Sec 1712.... 1016
PL 98-525 Sec 1708(h). 1014
United States Treaties and Other 1 USC Sec 112b........ 985
International Agreements.
United States-Vietnam dialogue PL 107-228 Sec 702.... 208
meetings.
Vietnam
POW/MIA........................ PL 103-236 Sec 522.... 366
Relations with................. PL 105-277 Sec 2805... 308
Vietnam Education Foundation..... PL 106-554 Sec 209(b). 1600
Violations of humanitarian law PL 105-323 Sec 102(f). 272
relating to the Former
Yugoslavia or Rwanda,
information concerning.
Visa and Passport Security PL 108-458 Sec 7218(d) 137
Program.
Visa lookout systems............. PL 102-138 Sec 128.... 417
Visas
Denial of...................... PL 84-885 Sec 51(a)... 59
Reports to Congress--Continued
Visas--Continued
Denial to confiscators of PL 105-277 Sec 2225(c) 293
American property.
Denial to drug traffickers, PL 100-204 Sec 804.... 542
information-sharing system.
Participants in United States PL 108-458 Sec 7120(b) 112
exchange programs.
Participants in United States PL 108-458 Sec 7120(b) 112
programs.
Participants in United States PL 108-458 Sec 7120(b) 112
scholarship programs.
Voice of America................. PL 105-277 Sec 2420... 1712
PL 105-277 Sec 2420(b) 1472
Voice of America broadcasts...... PL 105-277 Sec 2420... 1472
Withdrawal of Cuban troops from PL 101-246 Sec 417(c). 484
Southern Africa, compliance with
obligations.
Women's human rights protection.. PL 103-236 Sec 142(b). 338
Reporting reduction................ PL 105-277 Sec 2219... 290
Representation allowances
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 101(a). 506
1990 and 1991.................. PL 101-246 Sec 101(a). 455
1992 and 1993.................. PL 102-138 Sec 101.... 407
1994 and 1995.................. PL 103-236 Sec 101.... 324
1998 and 1999.................. PL 105-277 Sec 2101... 279
2000 and 2001.................. PL 106-113 Sec 101.... 229
2003........................... PL 107-228 Sec 111.... 157
2006........................... PL 109-108 Title IV... 673
Foreign Service members.......... PL 96-465 Sec 905..... 830
Reprogramming of funds
Restrictions..................... PL 109-108 Sec 605.... 682
State Department................. PL 84-885 Sec 34...... 36
Republic of Korea
Transfer of obsolete or surplus PL 103-236 Sec 509.... 358
defense articles to.
Research and Training for Eastern PL 98-164............. 1638
Europe and the Independent States
of the Former Soviet Union Act of
1983.
Advisory Committee establishment. PL 98-164 Sec 804..... 1639
Allocation of funds.............. PL 98-164 Sec 809..... 1643
Applications..................... PL 98-164 Sec 806..... 1642
Authority to make payments....... PL 98-164 Sec 805..... 1640
Definitions...................... PL 98-164 Sec 803..... 1639
Federal control of education PL 98-164 Sec 808..... 1642
prohibited.
Findings and declarations........ PL 98-164 Sec 802..... 1638
Payments to eligible PL 98-164 Sec 806..... 1642
organizations.
Report........................... PL 98-164 Sec 807..... 1642
Retirement
Foreign Service
Based on relative performance.. PL 96-465 Sec 608..... 749
Career ministers............... PL 94-350 Sec 524(o).. 905
Credit for Government service PL 107-228 Sec 321.... 176
abroad.
For expiration of time in class PL 96-465 Sec 607..... 748
Former spouses, survivor PL 96-465 Sec 2109.... 867
benefits for.
Grants to widows............... PL 94-350 Sec 523..... 902
Member benefits................ PL 96-465 Sec 609..... 749
Recall and reemployment of PL 96-465 Sec 308..... 728
career members.
Special annuity for officers PL 95-105 Sec 411..... 648
selected-out from the Service.
Survivor annuity elections..... PL 94-350 Sec 523..... 902
Retirement--Continued
Foreign Service--Continued
Survivor annuity elections--
Continued
PL 94-350 Sec 524..... 903
Foreign Service Retirement PL 94-350............. 902
Amendments of 1976.
Foreign Service Retirement and
Disability Fund
Appropriations authorization, PL 109-108 Title IV... 674
2006.
Foreign Service Retirement and
Disability System
Administration................. PL 96-465 Sec 801..... 760
Annuitant, defined............. PL 96-465 Sec 804..... 761
Annuities, computation of...... PL 96-465 Sec 806..... 770
Annuities, cost-of-living PL 96-465 Sec 826..... 801
adjustments.
Annuity, payment of............ PL 96-465 Sec 807..... 778
Annuity adjustment for recall PL 96-465 Sec 823..... 798
service.
Appropriations, estimate of.... PL 96-465 Sec 818..... 796
Assignment and attachment of PL 96-465 Sec 820..... 796
moneys.
Benefits, payment of........... PL 96-465 Sec 821..... 797
Child, defined................. PL 96-465 Sec 804..... 761
Civil Service, compatibility... PL 96-465 Sec 827..... 803
Court, defined................. PL 96-465 Sec 804..... 762
Court order, defined........... PL 96-465 Sec 804..... 762
Creditable service............. PL 96-465 Sec 816..... 791
Death in service............... PL 96-465 Sec 809..... 782
Definitions.................... PL 96-465 Sec 804..... 761
Discontinued service retirement PL 96-465 Sec 810..... 783
Extra credit for service at PL 96-465 Sec 817..... 795
unhealthful posts.
Foreign Service normal cost, PL 96-465 Sec 804..... 762
defined.
Former spouses
Benefits for................. PL 96-465 Sec 830..... 805
PL 96-465 Sec 831..... 807
Defined...................... PL 96-465 Sec 804..... 762
Entitlement to annuity....... PL 96-465 Sec 814..... 785
Health benefits for.......... PL 96-465 Sec 832..... 811
PL 96-465 Sec 833..... 812
Survivor benefits for........ PL 96-465 Sec 831..... 808
PL 96-465 Sec 832..... 810
Fund
Balance, defined............. PL 96-465 Sec 804..... 762
Contributions to............. PL 96-465 Sec 805..... 765
Investment of................ PL 96-465 Sec 819..... 796
Maintenance of............... PL 96-465 Sec 802..... 760
Lump-sum credit, defined....... PL 96-465 Sec 804..... 762
Lump-sum payments.............. PL 96-465 Sec 815..... 789
Military and naval service, PL 96-465 Sec 804..... 763
defined.
Participants................... PL 96-465 Sec 803..... 761
Pro rata share, defined........ PL 96-465 Sec 804..... 763
Qualified former wives and PL 96-465 Sec 830..... 804
husbands.
Reassignment and retirement of PL 96-465 Sec 813..... 785
former Presidential appointees.
Reemployment................... PL 96-465 Sec 824..... 799
Remarriage, effect on benefits. PL 96-465 Sec 828..... 804
Retirement, mandatory.......... PL 96-465 Sec 812..... 784
Retirement for disability or PL 96-465 Sec 808..... 779
incapacity.
Secretary of State information EO 12293 Sec 7........ 910
requests.
Special agent, defined......... PL 96-465 Sec 804..... 764
Retirement--Continued
Foreign Service Retirement and
Disability System--Continued
Spousal agreement, defined..... PL 96-465 Sec 804..... 763
Student, defined............... PL 96-465 Sec 804..... 763
Surviving spouse, defined...... PL 96-465 Sec 804..... 763
Thrift savings fund PL 96-465 Sec 829..... 804
participation.
Unfunded liability
Defined...................... PL 96-465 Sec 804..... 764
Obligations.................. PL 96-465 Sec 822..... 798
Voluntary contributions........ PL 96-465 Sec 825..... 800
Voluntary retirement........... PL 96-465 Sec 811..... 783
Rewards for Information Concerning PL 105-323............ 271
Violations of Humanitarian Law-
Former Yugoslavia and Rwanda
Rewards Program, Department of
State
Coordination..................... PL 84-885 Sec 36(c)... 40
Definitions...................... PL 84-885 Sec 36(k)... 42
Determinations of the Secretary.. PL 84-885 Sec 36(j)... 42
Establishment of................. PL 84-885 Sec 36(a)... 38
Funding.......................... PL 84-885 Sec 36(d)... 40
Ineligibility.................... PL 84-885 Sec 36(f)... 41
Limitations and certification.... PL 84-885 Sec 36(e)... 41
Media surveys and advertisements. PL 84-885 Sec 36(i)... 42
Publication regarding rewards PL 84-885 Sec 36(h)... 42
offered by foreign governments.
Report requirements.............. PL 84-885 Sec 36(g)... 41
Rewards authorized............... PL 84-885 Sec 36(b)... 39
Violations of humanitarian law PL 105-323 Sec 102.... 271
relating to the Former
Yugoslavia or Rwanda,
information concerning.
RFE/RL, Incorporated
Management of.................... PL 99-93 Sec 304...... 1723
Privatization report............. PL 105-277 Sec 1328... 884
PL 105-277 Sec 1328... 1710
Secretary of State role.......... PL 99-93 Sec 305...... 1724
Soviet broadcast jamming, sense PL 98-164 Sec 308..... 1727
of Congress.
Soviet religious persecution PL 98-164 Sec 306..... 1726
broadcast policy.
Right-Sizing the United States
Government Overseas Presence,
Office on
Appropriations authorization, PL 109-108 Title IV... 672
2006.
Romania
Human rights of Hungarians in PL 100-204 Sec 1205... 550
Transylvania.
Royal Ulster Constabulary Training
Appropriations authorization, PL 106-113 Sec 405.... 1463
2000 and 2001.
Russia
Edmund S. Muskie Fellowship
Program
Appropriations authorization, PL 106-113 Sec 104.... 236
2000 and 2001.
FREEDOM Support Act.............. PL 102-511............ 1626
Exchanges and training programs PL 102-511 Sec 807.... 1627
International Development Law PL 102-511 Sec 805.... 1627
Institute.
New diplomatic posts in the PL 102-511 Sec 802.... 1626
Independent States of the
Former Soviet Union.
Positions at United States PL 102-511 Sec 804.... 1626
missions.
Military operations in the PL 103-236 Sec 528.... 370
Independent States of the Former
Soviet Union, report.
Moscow Embassy
Construction appropriations PL 102-138 Sec 101.... 408
authorization.
Russia--Continued
Moscow Embassy--Continued
Extraordinary security PL 102-138 Sec 132.... 420
safeguards for construction of.
Multiyear contracting for PL 102-138 Sec 116.... 415
construction.
Refugee assistance, PL 94-350 Sec 105..... 656
appropriations authorization,
1977.
Russian and Ukrainian Business
Management Education
Appropriations authorization, PL 106-113 Sec 426.... 1467
2000 and 2001.
Authorization for training PL 106-113 Sec 423.... 1465
program and internships.
Definitions.................... PL 106-113 Sec 422.... 1465
Purpose........................ PL 106-113 Sec 421.... 1465
Restrictions................... PL 106-113 Sec 425.... 1467
Technical assistance........... PL 106-113 Sec 424.... 1466
Russian Federation
``American Corners'' in, PL 107-228 Sec 225.... 169
allocation of funds, 2003.
PL 107-228 Sec 225.... 1460
Russian Leadership Program......... PL 106-31............. 1583
Advisory Board................... PL 106-31 Sec 3011(e). 1585
Application...................... PL 106-31 Sec 3011(d). 1584
Definitions...................... PL 106-31 Sec 3011(h). 1586
Funding.......................... PL 106-31 Sec 3011(g). 1585
Grants........................... PL 106-31 Sec 3011(b). 1584
Purpose of....................... PL 106-31 Sec 3011(a). 1583
Reporting........................ PL 106-31 Sec 3011(f). 1585
Use of funds..................... PL 106-31 Sec 3011(c). 1584
Rwanda
Rewards program for information PL 105-323 Sec 102.... 271
concerning violations of
humanitarian law.
S
Saint Lawrence Seaway
Toll negotiations................ PL 95-105 Sec 110..... 647
Salaries and compensation
Advisory Committee on Cultural PL 107-228 Sec 224(g). 169
Diplomacy.
PL 107-228 Sec 224(g). 1459
Agriculture, Department of, PL 96-465 Sec 2105.... 865
conversion of certain positions.
Bureau of Educational and
Cultural Affairs
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
Chiefs of mission................ PL 96-465 Sec 401..... 730
Commission on Protecting and PL 103-236 Sec 908.... 401
Reducing Government Secrecy
members.
Commission on Security and
Cooperation in Europe
Appropriations authorization, PL 109-108 Title V.... 681
2006.
Consular agents.................. PL 96-465 Sec 409..... 738
Diplomatic and Consular Service
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(a). 506
1990 and 1991................ PL 101-246 Sec 101(a). 455
Diplomatic security program
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(b). 507
1990 and 1991................ PL 101-246 Sec 101(b). 456
1992 and 1993................ PL 102-138 Sec 101.... 408
Salaries and compensation--
Continued
Drug control
Danger pay allowance........... PL 101-246 Sec 151.... 469
Emergency supplemental PL 102-20 Sec 2....... 452
appropriations authorization,
1991.
Foreign Affairs administration, PL 105-277 Sec 2101... 279
1998 and 1999.
Foreign national employees PL 102-138 Sec 151.... 423
separation pay.
Foreign national pay plans....... PL 96-60 Sec 107...... 621
Foreign Service
Annuities, computation of...... PL 96-465 Sec 806..... 770
Assignment to a salary class... PL 96-465 Sec 404..... 733
Bases for pay increases........ PL 96-465 Sec 606..... 747
Border equalization pay PL 96-465 Sec 414..... 740
adjustment for employees
commuting across border.
Contributions to Retirement and PL 96-465 Sec 805..... 765
Disability System Fund.
Conversion, preservation of PL 96-465 Sec 2106.... 865
status and benefits.
Conversion from................ PL 96-465 Sec 2104.... 864
Conversion to.................. PL 96-465 Sec 2102.... 862
PL 96-465 Sec 2103.... 862
Danger pay allowance........... PL 98-164 Sec 131..... 601
Death gratuity to dependents of PL 96-465 Sec 413..... 740
employees.
Local compensation plans....... PL 96-465 Sec 408..... 736
Pay and benefits pending PL 96-465 Sec 2101.... 862
conversion.
Performance pay for Senior PL 96-465 Sec 405..... 733
Foreign Service.
PL 103-236 Sec 173.... 340
Personal property loss incident PL 102-138 Sec 154.... 423
to service, compensation for.
Personal property loss incident PL 102-138 Sec 154.... 423
to State Department service.
Personnel abroad who perform PL 96-465 Sec 407..... 735
routine duties.
Reimbursement for detailed PL 93-126 Sec 11...... 665
State Department personnel.
Salary classes for senior EO 12293 Sec 4........ 909
positions.
Schedule....................... PL 96-465 Sec 403..... 732
Secretary of State authority... EO 12293 Sec 5........ 910
Senior Foreign Service......... PL 96-465 Sec 402..... 731
Special differentials for PL 96-465 Sec 412..... 739
officers required to perform
substantial additional work.
Temporary service as principal PL 96-465 Sec 411..... 739
officer.
Within-class salary increases.. PL 96-465 Sec 406..... 735
Imprisoned foreign national PL 96-465 Sec 410..... 738
employees.
International Boundary and Water
Commission, United States and
Mexico
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 103.... 457
1992 and 1993................ PL 102-138 Sec 103.... 412
1994 and 1995................ PL 103-236 Sec 103.... 328
1998 and 1999................ PL 105-277 Sec 2102... 280
2006......................... PL 109-108 Title IV... 675
International Religious Freedom,
Commission on
Appropriations authorization, PL 109-108 Title V.... 681
2006.
Payment to Lady Catherine Helen PL 94-350 Sec 108..... 657
Shaw.
Preservation of America's
Heritage Abroad, Commission for
Appropriations authorization, PL 109-108 Title V.... 681
2006.
Salaries and compensation--
Continued
State, Department of
Allocations for increases in PL 84-885 Sec 24(a)... 27
pay and benefits.
Appropriations authorization
1992 and 1993................ PL 102-138 Sec 101.... 407
1994 and 1995................ PL 103-236 Sec 101.... 323
Appropriations authorization PL 103-236 Sec 101.... 324
limitations, 1994 and 1995.
Transfer of funds for.......... PL 100-204 Sec 107.... 510
United States Information Agency
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 201.... 1509
1990 and 1991................ PL 101-246 Sec 201.... 1501
1992 and 1993................ PL 102-138 Sec 201.... 1490
1994 and 1995................ PL 103-236 Sec 201.... 1478
United States-China Economic and
Security Review Commission
Appropriations authorization, PL 109-108 Title V.... 682
2006.
United States Senate-China
Interparliamentary Group
Appropriations authorization, PL 109-108 Title V.... 682
2006.
Voice of America
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 401.... 1515
1990 and 1991................ PL 101-246 Sec 231.... 1506
Samantha Smith Memorial Exchange
Program
Appropriations authorization, PL 100-204 Sec 302.... 1514
1988 and 1989.
Satellites
Nuclear-powered.................. PL 95-426 Sec 608..... 640
People's Republic of China
Restrictions on exports to..... PL 109-108 Title IV... 672
Suspension of export license PL 101-246 Sec 902.... 497
issuance.
Saudi Arabia
Claims by United States firms PL 105-277 Sec 2801... 305
against government, reporting
requirements.
Report........................... PL 108-458 Sec 7120(b) 110
United States relationship with.. PL 108-458 Sec 7105... 97
Saunders, Richard
Photographic works of, PL 102-138 Sec 213.... 1493
distribution within the United
States.
Scholar Rescue Fund
Appropriations authorization, PL 109-108 Title IV... 672
2006.
Scholarship programs
Burma
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 225.... 1506
1996......................... PL 104-319 Sec 103.... 1474
1998 and 1999................ PL 105-277 Sec 2415... 1471
2000......................... PL 106-113 Sec 401.... 1462
Cambodia
Appropriations authorization, PL 103-236 Sec 238.... 1482
1994 and 1995.
Caribbean and Central America
students, cooperative public and
private sector program
Agreement with States.......... PL 101-382 Sec 231(d). 1606
Definitions.................... PL 101-382 Sec 231(j). 1606
Establishment of............... PL 101-382 Sec 231(b). 1606
Federal share.................. PL 101-382 Sec 231(e). 1606
Forgiveness of................. PL 101-382 Sec 231(g). 1606
Funding........................ PL 101-382 Sec 231(i). 1606
Grants to States............... PL 101-382 Sec 231(c). 1606
Non-Federal share.............. PL 101-382 Sec 231(f). 1606
Private sector................. PL 101-382 Sec 231(h). 1606
Scholarship programs--Continued
Caribbean and Central America
students, cooperative public and
private sector program--
Continued
Statement of purpose........... PL 101-382 Sec 231(a). 1605
Caribbean region undergraduate
program
Appropriations authorization, PL 100-204 Sec 216.... 1512
1988 and 1989.
Claude and Mildred Pepper
Scholarship Program
Appropriations authorization, PL 102-138 Sec 210.... 1491
1992 and 1993.
PL 102-138 Sec 210(b). 1629
Grants......................... PL 102-138 Sec 210(b). 1629
Purpose........................ PL 102-138 Sec 210(a). 1629
East Timor
Appropriations authorization, PL 103-236 Sec 237.... 1481
1994 and 1995.
Independent States of the Former
Soviet Union, Lithuania, Latvia,
and Estonia
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
Islamic world, expansion of PL 108-458 Sec 7112... 104
United States programs in.
Israeli Arab Scholarship Program
Appropriations authorization, PL 102-138 Sec 214.... 1493
1992 and 1993.
J. William Fulbright Foreign PL 101-246 Sec 204.... 1503
Scholarship Board.
Law and business graduate
training program
Appropriations authorization, PL 102-138 Sec 227.... 1497
1992 and 1993.
PL 102-138 Sec 227.... 1631
Tibet
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 225.... 1506
1996......................... PL 104-319 Sec 103.... 1474
1998 and 1999................ PL 105-277 Sec 2415... 1471
2000......................... PL 106-113 Sec 401.... 1462
United States Scholarship Program PL 99-93.............. 1608
for Developing Countries
Authorization, 1986 and 1987.
Authority to enter into PL 99-93 Sec 605...... 1611
agreements.
Board of Foreign Scholarships.. PL 99-93 Sec 608...... 1612
Congressional Budget Act PL 99-93 Sec 615...... 1614
compliance.
Counseling services............ PL 99-93 Sec 607...... 1612
Findings and declarations of PL 99-93 Sec 602...... 1608
policy.
Funding........................ PL 99-93 Sec 612...... 1613
General authorities............ PL 99-93 Sec 609...... 1612
Guidelines..................... PL 99-93 Sec 604...... 1610
International educational PL 99-93 Sec 606...... 1611
programs policy.
Latin American exchanges....... PL 99-93 Sec 613...... 1613
Scholarship program authority.. PL 99-93 Sec 603...... 1609
Statement of purpose........... PL 99-93 Sec 601...... 1608
Textbooks and teaching PL 99-93 Sec 610...... 1613
materials.
Training programs in Hispanic PL 99-93 Sec 614...... 1614
populations.
Vietnam
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
PL 102-138 Sec 229.... 1499
Visas for participants in United PL 108-458 Sec 7120(b) 112
States programs, report.
Schomburg Center for Black Studies
USIA photographic works of PL 102-138 Sec 213.... 1493
Richard Saunders, distribution
of.
Schools. See Education
Science
Appropriations authorization, PL 103-236 Sec 101.... 325
1994 and 1995.
Bilateral Science and Technology
Agreements
Appropriations authorization
1980 and 1981................ PL 96-60 Sec 104...... 621
1982 and 1983................ PL 97-241 Sec 110..... 615
1984 and 1985................ PL 98-164 Sec 102..... 593
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental and
Scientific Affairs.
Declaration of policy............ PL 95-426 Sec 502..... 633
Findings......................... PL 95-426 Sec 501..... 633
Inter-American Cooperation in PL 99-93 Sec 149...... 581
Space, Science, and Technology.
Joint funds under agreements for PL 106-113 Sec 210.... 249
cooperation.
National Commission on
Educational, Scientific, and
Cultural Cooperation
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 106..... 594
1986 and 1987................ PL 99-93 Sec 105...... 571
Presidential responsibilities.... PL 95-426 Sec 503..... 634
Science and Technology Adviser, PL 106-113 Sec 303.... 255
Department of State.
Secretary of State PL 95-426 Sec 504..... 635
responsibilities.
Technology America Centers
Establishment of............... PL 107-228 Sec 645.... 192
United Nations Conference on PL 95-105 Sec 507..... 651
Science and Technology for
Development.
PL 95-426 Sec 103..... 627
United Nations Educational, PL 102-138 Sec 170.... 427
Scientific and Cultural
Organization, report.
United States Bilateral Science
and Technology Agreements
Appropriations authorization
1986 and 1987................ PL 99-93 Sec 101...... 570
1988 and 1989................ PL 100-204 Sec 105.... 510
1990 and 1991................ PL 101-246 Sec 105.... 460
1992 and 1993................ PL 102-138 Sec 105.... 414
1994 and 1995................ PL 103-236 Sec 105.... 330
United States-India Fund for PL 98-164............. 1644
Cultural, Educational, and
Scientific Cooperation Act.
Allocation of rupees for EO 12517 Sec 2........ 1646
investment to generate
earnings.
Fund establishment............. PL 98-164 Sec 902..... 1644
Secretary of State functions... EO 12517 Sec 1........ 1646
Use of United States owned PL 98-164 Sec 903..... 1645
rupees to capitalize Fund.
Searches. See Physical searches
Seattle Goodwill Games Organizing
Committee for Cultural Exchange
Appropriations authorization, PL 100-204 Sec 301.... 1513
1988 and 1989.
Secrecy. See Government Secrecy,
Commission on Protecting and
Reducing
Secretary of Agriculture
Use of Foreign Service personnel PL 96-465 Sec 202..... 716
system.
Secretary of Commerce
Senior Foreign Service PL 96-465 Sec 305(c).. 727
appointments.
Secretary of Defense
Intelligence components utilized EO 12333 Sec 1.12..... 968
by.
Secretary of Defense--Continued
Recommended actions for security PL 99-399 Sec 1102.... 1142
at military bases abroad, sense
of Congress.
Secretary of State. See also State,
Department of
AID Administrator reporting to... PL 105-277 Sec 1522... 891
Assistance programs coordination PL 105-277 Sec 1523... 891
and oversight.
Assistant Secretaries of State
Authority of................... PL 84-885 Sec 1(c).... 10
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental
and Scientific Affairs.
Democracy, Human Rights and PL 95-105 Sec 109..... 647
Labor.
Nomination of.................. PL 84-885 Sec 1(c).... 12
Responsibilities concerning PL 103-236 Sec 503(a). 356
rights to food and medical
care.
South Asian Affairs............ PL 102-138 Sec 122.... 416
Basic authority of............... PL 84-885 Sec 1(a).... 8
Center for Cultural and Technical PL 86-472 Sec 703..... 1649
Interchange between East and
West authority.
PL 86-472 Sec 704..... 1650
Child care facilities grants..... PL 84-885 Sec 31(e)... 35
Compensation funding............. PL 84-885 Sec 22...... 26
Debt collection authority........ PL 84-885 Sec 44...... 56
Deputy Secretaries of State, PL 84-885 Sec 1(a).... 8
appointment of.
Diplomatic security PL 99-399 Sec 103..... 1104
responsibilities.
Duties of........................ RS 202................ 5
RS 203................ 5
RS 206................ 6
RS 210................ 6
Emergency expenditures authority. PL 84-885 Sec 4....... 18
Entertainment expense funding.... PL 84-885 Sec 19...... 25
Establishment of free media PL 108-458 Sec 7108(c) 100
network.
Establishment of services and PL 84-885 Sec 31...... 34
facilities abroad.
Expenditures authority........... PL 84-885 Sec 3....... 17
Facilitating employment of PL 84-885 Sec 27...... 31
Government personnel family
members abroad.
Fascell Fellowship Act PL 99-399 Sec 1005.... 1624
authorities.
Foreign affairs agencies, PL 105-277 Sec 1616... 899
authority to facilitate
consolidation of.
Foreign country contracts........ PL 84-885 Sec 9....... 22
Foreign missions authorities..... PL 84-885 Sec 203..... 68
PL 84-885 Title II.... 66
Foreign Service
Appointments................... PL 96-465 Sec 303..... 725
Building authorizations........ PL 69-186............. 1299
PL 69-186 Sec 5....... 1304
PL 69-186 Sec 9....... 1305
Functions...................... EO 12293.............. 909
Management..................... PL 96-465 Sec 201..... 716
Pay and benefits authority..... EO 12293 Sec 5........ 910
Funding of United States PL 84-885 Sec 5....... 20
participation in international
activities.
Funds allocation................. PL 84-885 Sec 8....... 21
PL 84-885 Sec 17...... 25
Gifts, acceptance of............. PL 84-885 Sec 25...... 29
Immigration and nationality PL 82-414 Sec 104..... 1342
powers and duties.
International affairs training PL 84-885 Sec 47...... 57
and education grants.
Secretary of State--Continued
International agreements
Consultations.................. 22 CFR Part 181 Sec 992
181.4.
Environment enhancement EO 11742.............. 1000
negotiation authority.
International broadcasting role.. PL 103-236 Sec 306.... 1691
International communications and PL 84-885 Sec 35...... 37
information policy authority.
Legal services procurement PL 84-885 Sec 26...... 31
authorization.
Migration and Refugee Assistance EO 11077 Sec 1........ 1339
Act of 1962 administration
responsibilities.
Official residence
Prohibition on acquisition..... PL 100-204 Sec 132.... 513
Sense of Congress.............. PL 99-93 Sec 130...... 575
Order of succession.............. EO 13251.............. 913
Passport, delegation of authority EO 11295 Sec 1........ 1216
Saving provisions.............. EO 11295 Sec 3........ 1217
Superseded orders.............. EO 11295 Sec 2........ 1216
Passport authority............... 22 USC 211a........... 1214
Per diem allocations............. PL 84-885 Sec 12...... 22
Real property, acceptance of..... PL 84-885 Sec 25(d)... 30
RFE/RL, Incorporated, role....... PL 99-93 Sec 305...... 1724
Science, technology, and foreign PL 95-426 Sec 504..... 635
policy responsibilities.
Subsistence expense payments..... PL 84-885 Sec 32...... 35
Tangible personal property, PL 84-885 Sec 25(d)... 30
acceptance of.
Transfer of functions
Arms Control and Disarmament PL 105-277 Sec 1212... 878
Agency.
United States Information PL 105-277 Sec 1312... 879
Agency.
United States International PL 105-277 Sec 1412... 888
Development Cooperation Agency.
Travel restrictions for personnel PL 84-885 Sec 216..... 82
of certain countries and
organizations.
Under Secretaries of State
Authority of................... PL 84-885 Sec 1(b).... 9
Nomination of.................. PL 84-885 Sec 1(b).... 10
United States-India Fund for EO 12517 Sec 1........ 1646
Cultural, Educational, and
Scientific Cooperation functions.
United States Information and PL 80-402 Sec 801..... 1445
Educational Exchange Act of 1948
authority.
Use of funds..................... PL 84-885 Sec 2....... 15
Vehicle use authorization........ PL 84-885 Sec 28...... 31
Secretary of Treasury
East Timor multilateral PL 107-228 Sec 633.... 189
assistance.
Fighting terrorist financing
Coordination of United States PL 108-458 Sec 7704... 139
Government efforts.
Sense of Congress.............. PL 108-458 Sec 7701(b) 139
Secure Embassy Construction and PL 106-113............ 1151
Counterterrorism Act of 1999.
Africa, increased anti-terrorism PL 106-113 Sec 609.... 1158
training in.
Appropriations authorizations, PL 106-113 Sec 604.... 1152
2000 through 2004.
Findings......................... PL 106-113 Sec 602.... 1151
Obligations and expenditures..... PL 106-113 Sec 605.... 1153
Overseas presence, report........ PL 106-113 Sec 607.... 1157
Security requirements for United PL 106-113 Sec 606.... 1154
States diplomatic facilities.
United States diplomatic facility PL 106-113 Sec 603.... 1152
defined.
Security
Appropriations authorization
1986........................... PL 99-93 Sec 104...... 571
Security--Continued
Appropriations authorization--
Continued
2000 and 2001.................. PL 106-113 Sec 101.... 229
2003........................... PL 107-228 Sec 111.... 156
Capital Security Cost Sharing
program
Funding availability........... PL 109-108 Sec 625.... 684
Commission on Security and PL 94-304............. 1755
Cooperation in Europe,
establishment of.
Appropriations authorization... PL 94-304 Sec 7....... 1757
Authority...................... PL 94-304 Sec 2....... 1755
Costs coverage................. PL 94-304 Sec 9....... 1759
Membership of.................. PL 94-304 Sec 3....... 1755
Personnel and administration PL 94-304 Sec 8....... 1758
committee.
Reports........................ PL 94-304 Sec 5....... 1757
PL 94-304 Sec 6....... 1757
Requirements of witnesses...... PL 94-304 Sec 4....... 1756
East Timor assistance............ PL 107-228 Sec 637.... 190
Interagency Security Committee
Agency support and cooperation. EO 12977 Sec 6........ 1208
Chair of....................... EO 12977 Sec 2........ 1208
Consultation................... EO 12977 Sec 4........ 1208
Duties and responsibilities.... EO 12977 Sec 5........ 1208
Establishment of............... EO 12977 Sec 1........ 1207
Judicial review................ EO 12977 Sec 7........ 1209
Working groups................. EO 12977 Sec 3........ 1208
International exchanges and PL 97-241 Sec 305..... 1529
national security.
Technical security and PL 102-138 Sec 193.... 431
counterintelligence capabilities.
Worldwide upgrades, PL 109-108 Title IV... 672
appropriations authorization,
2006.
Security clearances
Commission on Protecting and PL 103-236 Sec 909.... 402
Reducing Government Secrecy
members.
Senate Caucus on International PL 99-93 Sec 814...... 589
Narcotics Control.
Senior Foreign Service
Appointment to................... PL 96-465 Sec 305..... 726
Appointments..................... PL 96-465 Sec 305(c).. 727
Conversion to schedule........... PL 96-465 Sec 2103.... 862
Performance pay.................. PL 96-465 Sec 405..... 733
Promotions....................... PL 96-465 Sec 601..... 744
Salaries of...................... PL 96-465 Sec 402..... 731
Serbia, Republic of
Democracy development, sense of PL 105-277 Sec 2813... 314
Congress.
Seville World's Fair
Appropriations authorization, PL 101-246 Sec 201(b). 1502
1990 and 1991.
Sexual harassment
Department of State study........ PL 101-246 Sec 155.... 472
PL 102-138 Sec 194.... 431
Sierra Leone
Assistance for displaced......... PL 106-113 Sec 103(a). 233
Special court for................ PL 107-228 Sec 697.... 205
Singapore
Regional Emerging Diseases PL 109-140 Sec 1...... 871
Intervention (REDI) Center.
Small businesses
Increased participation of United PL 101-246 Sec 136(f). 468
States contractors in local
guard diplomatic security abroad.
USAID procurement contracts, PL 107-228 Sec 687.... 198
participation in.
Smith-Mundt Act. See United States
Information and Educational
Exchange Act of 1948
Social Security cards and numbers.. PL 108-458 Sec 7213... 134
Solar energy
Foreign mission demonstration.... PL 95-426 Sec 105..... 628
Soldiers' and Sailors' Civil Relief
Act of 1940
Extension of applicability of PL 96-449 Sec 105..... 1201
benefits.
South Africa
Export of nuclear-related PL 98-164 Sec 1007.... 604
equipment, materials, and
technology, policy toward.
South Asian countries. See also
individual countries
Participation in international PL 107-228 Sec 685.... 198
law enforcement.
South Pacific. See also individual
countries
Exchange program
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 241.... 1483
1998 and 1999................ PL 105-227 Sec 2401... 1469
2000 and 2001................ PL 106-113 Sec 104.... 234
2003......................... PL 107-228 Sec 112.... 158
South West Africa People's
Organization (SWAPO)
Funds appropriation restrictions. PL 98-164 Sec 114..... 596
Southeast Asia. See also individual
countries
Indochinese refugee assistance PL 102-138 Sec 104.... 414
appropriations authorization,
1992 and 1993.
POW/MIA status, sense of Congress PL 102-138 Sec 354.... 440
United Nations cooperation PL 94-141 Sec 503..... 661
regarding members of United
States Armed Forces missing in
action in.
Soviet-American Interparliamentary
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
Soviet-East European Research and
Training
Appropriations authorization
1986 and 1987.................. PL 99-93 Sec 101...... 570
1988 and 1989.................. PL 100-204 Sec 105.... 510
1990 and 1991.................. PL 101-246 Sec 105.... 460
1992 and 1993.................. PL 102-138 Sec 105.... 415
Soviet-Eastern Europe Educational PL 102-138............ 1629
Exchange Programs, FY 1992 and
1993.
Bureau of Educational and
Cultural Affairs
Appropriations authorization... PL 102-138 Sec 221.... 1630
Claude and Mildred Pepper PL 102-138 Sec 210.... 1629
Scholarship Program.
Enhanced educational exchange PL 102-138 Sec 226.... 1630
program.
Law and business training program PL 102-138 Sec 227.... 1631
for graduate students.
Soviet Scientists Immigration Act
of 1992
Classification of independent PL 102-509 Sec 4...... 1416
states scientists as having
exceptional ability.
Definitions...................... PL 102-509 Sec 2...... 1416
Job offer requirement waiver..... PL 102-509 Sec 3...... 1416
Soviet Union
Arrests of Raoul Wallenberg and PL 98-164 Sec 1006.... 604
Jan Kaplan.
Broadcasts to Jewish population, PL 99-93 Sec 306...... 1725
task force.
Exchanges with the United States
Appropriations authorization, PL 100-204 Sec 301(b). 1514
1988 and 1989.
Soviet Union--Continued
Extraordinary security safeguards PL 102-138 Sec 132.... 420
for Moscow Embassy construction.
International Court of Justice, PL 101-246 Sec 411.... 481
role in resolution of
international disputes.
Military expenditures, mutual PL 93-126 Sec 16...... 666
restraint on.
Moscow Embassy construction PL 102-138 Sec 101.... 408
appropriations authorization.
Multiyear contracting for Moscow. PL 102-138 Sec 116.... 415
Policy regarding United States PL 102-138 Sec 361.... 443
assistance, sense of Congress.
Religious persecution broadcast PL 98-164 Sec 306..... 1726
policy.
Soviet employees at United States PL 99-93 Sec 137...... 577
missions.
State sponsored harassment of PL 100-204 Sec 1204... 550
religious groups, sense of
Congress.
Support for new democracies, PL 102-138 Sec 360.... 443
sense of Congress.
Yalta Agreement, policy toward PL 99-93 Sec 804...... 584
application of.
Spain
Democracy in..................... PL 95-426 Sec 605..... 638
Former nationals acquiring 22 CFR 51.51.......... 1237
nationality or citizenship by
act of Congress or treaty.
Special Adviser on International
Religious Freedom
Sense of Congress................ PL 105-292 Sec 301.... 1282
Special agents
Agreements with Attorney General PL 84-885 Sec 37(b)... 45
and Secretary of Treasury.
Annuities, computation of........ PL 96-465 Sec 806..... 772
Authorities...................... PL 84-885 Sec 37(a)... 44
Availability pay for criminal PL 105-277 Sec 2316... 299
investigators.
Contributions to Foreign Service PL 96-465 Sec 805..... 767
Retirement and Disability System
Fund.
Diplomatic security.............. PL 99-399 Sec 203..... 1108
Firearms regulations............. PL 84-885 Sec 37(b)... 45
Secret Service authority not PL 84-885 Sec 37(c)... 46
affected.
Subsistence expense payments..... PL 84-885 Sec 32...... 35
Spoils of War Act of 1994.......... PL 103-236............ 376
Construction..................... PL 103-236 Sec 556.... 377
Definitions...................... PL 103-236 Sec 555.... 377
Previous transfers, report....... PL 103-236 Sec 554.... 377
Prohibition on transfers to PL 103-236 Sec 553.... 376
countries supporting terrorism.
Transfers of spoils of war....... PL 103-236 Sec 552.... 376
State, Department of. See also
Foreign Service; International
commissions; Secretary of State;
specific Acts by name
Accounting of collections in PL 84-885 Sec 55...... 61
budget presentation documents.
Acid rain........................ PL 98-164 Sec 1008.... 605
Administrative services
Agreements..................... PL 84-885 Sec 23(a)... 26
Buying Power Maintenance PL 84-885 Sec 24(b)... 28
account.
Diplomatic and Consular PL 84-885 Sec 24(d)... 29
Programs.
Employee salary, pay, PL 84-885 Sec 24(a)... 27
retirement and benefits
allocations.
Payment........................ PL 84-885 Sec 23(b)... 27
Twelve-month contracts......... PL 84-885 Sec 24(e)... 29
Affidavits of support fees....... PL 106-113 Sec 232.... 250
Air travel
Use of foreign air carriers.... PL 95-426 Sec 706..... 644
State, Department of--Continued
Alternative communications PL 98-164 Sec 105..... 593
center, funding for.
Ambassadors to foreign countries, PL 84-885 Sec 18...... 25
competence requirements.
``American Corners'' in the PL 107-228 Sec 225.... 169
Russian Federation, allocation
of funds for.
PL 107-228 Sec 225.... 1460
American flag display at American PL 107-228 Sec 693.... 203
Institute in Taiwan, sense of
Congress.
Anti-Semitism
Monitoring and combating....... PL 84-885 Sec 59...... 64
Appropriation restrictions, 2006. PL 109-108 Sec 602.... 682
Appropriations authorization, PL 100-202 Sec 303.... 705
1988.
Appropriations restrictions...... PL 84-885 Sec 15...... 24
Armed Forces
Hostilities outside the United PL 98-164 Sec 1013.... 608
States, expedited procedures
for joint resolutions and
bills requiring removal of
forces.
Arms control
Chinese weapons proliferation PL 102-138 Sec 324.... 438
practices, report.
Middle East arms sales policy.. PL 102-138 Sec 322.... 437
SS-23 missiles, report......... PL 102-138 Sec 325.... 439
Arms Control and Disarmament
Agency
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 106.... 331
1999......................... PL 105-277 Sec 2601... 305
Asia Foundation grants
Appropriations authorization
1982 and 1983................ PL 97-241 Sec 111..... 615
1992 and 1993................ PL 102-138 Sec 105.... 415
1994 and 1995................ PL 103-236 Sec 105.... 330
1998 and 1999................ PL 105-277 Sec 2103... 281
2000 and 2001................ PL 106-113 Sec 105.... 237
2006......................... PL 109-108 Title IV... 676
Association of Democratic Nations PL 101-246 Sec 1005... 501
Authorities and activities....... PL 107-228 Title II... 164
PL 105-277 Title XXII. 285
Availability of appropriations PL 109-148 Sec 5001... 689
beyond FY 2006.
Belgrade Conference
Findings....................... PL 95-105 Sec 502..... 650
Benjamin Franklin House Museum PL 101-246 Sec 1004... 500
and Library.
Boundaries of the United States, PL 101-246 Sec 1007... 503
agreements pertaining to.
Broadcasting, international
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 121.... 243
2003......................... PL 107-228 Sec 121.... 163
2006......................... PL 109-108 Title IV... 677
Capital improvements, 2006
Appropriations authorization. PL 109-108 Title IV... 678
Funds appropriations......... PL 109-108 Sec 408.... 679
East Timor..................... PL 107-228 Sec 636.... 190
Funding restrictions, 2006..... PL 109-108 Sec 403.... 678
Funds appropriations, 2006..... PL 109-108 Sec 407.... 679
PL 109-108 Sec 408.... 679
World Administrative Radio PL 96-60 Sec 406...... 624
Conference, private sector
representatives on United
States Delegation to.
Bureau of Oceans and PL 93-126 Sec 9....... 664
International Environmental and
Scientific Affairs.
Buy-American requirement......... PL 101-246 Sec 1003... 500
State, Department of--Continued
Capital investment fund
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2101... 279
2000 and 2001................ PL 106-113 Sec 101.... 229
2003......................... PL 107-228 Sec 111.... 156
2006......................... PL 109-108 Title IV... 672
Availability................... PL 103-236 Sec 135(c). 334
Establishment of............... PL 103-236 Sec 135(a). 334
Expenditures from fund......... PL 103-236 Sec 135(d). 334
Funding........................ PL 103-236 Sec 135(b). 334
Reprogramming procedures....... PL 103-236 Sec 135(e). 335
Capital Security Cost Sharing PL 109-108 Sec 625.... 684
program, funding availability.
Center for Middle Eastern-Western
Dialogue Trust Fund
Appropriations authorization, PL 109-108 Title IV... 676
2006.
PL 109-108 Title IV... 1541
Establishment of............... PL 108-9 Sec 633...... 693
Centralized information
technology modernization program
Appropriations authorization, PL 109-108 Title IV... 672
2006.
Change in statutory reference.... PL 96-60 Sec 402...... 623
Children's Issues, Office of..... PL 106-113 Sec 201.... 244
Citizens abroad (United States)
Assistance to bereaved families PL 95-426 Sec 121..... 630
Equitable treatment of......... PL 95-426 Sec 611..... 641
Closing of consular and PL 84-885 Sec 48...... 58
diplomatic posts abroad.
Commercial services fees......... PL 84-885 Sec 52...... 60
Commission on Security and
Cooperation in Europe
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
Comprehensive workforce plan..... PL 107-228 Sec 301.... 173
Congressional committee PL 102-138 Sec 196.... 432
questions, deadline for
responses.
Consulates not to be closed...... PL 96-60 Sec 108...... 622
Coordinator for Reconstruction
and Stabilization, Office of
Establishment of............... PL 108-447 Sec 408.... 691
Counterdrug activities........... PL 105-277 Sec 2214... 287
Counterterrorist travel PL 108-458 Sec 7201(d) 117
intelligence training program.
Credit reports, international.... PL 102-138 Sec 197.... 432
Crime prevention
International criminals PL 105-277 Sec 2214(b) 289
information system.
Overseas coordination of PL 105-277 Sec 2214(c) 289
programs, policy and
assistance.
Crimes committed by diplomats.... PL 84-885 Sec 56...... 61
Cultural Diplomacy programs, PL 107-228 Sec 224.... 168
Advisory Committee.
PL 107-228 Sec 224.... 1459
Cultural programs
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 234
2003......................... PL 107-228 Sec 112.... 157
Death reports.................... PL 84-885 Sec 43A..... 52
Defense Trade Controls PL 84-885 Sec 45...... 56
registration fees.
Deficit reduction, compliance PL 100-204 Sec 108.... 511
with Presidential-Congressional
summit agreement.
Democracy effectiveness study.... PL 103-236 Sec 534.... 375
Denial of entry into United PL 107-228 Sec 232.... 171
States of nationals engaged in
coerced organ transplantation.
State, Department of--Continued
Diplomacy
Conduct of diplomatic relations PL 95-426 Sec 607..... 639
Diplomacy program appropriations PL 107-228 Sec 112.... 157
authorization, 2003.
Diplomatic construction security PL 102-138 Sec 136.... 421
needs.
Diplomatic reception rooms, fees PL 84-885 Sec 54...... 61
for use of.
Diplomatic relations with the PL 98-164 Sec 134..... 601
Vatican.
Diplomatic security officer PL 84-885 Sec 1(g).... 15
qualifications.
Diplomatic Security Service PL 102-138 Sec 134.... 420
Special Agents.
Diplomatic Telecommunications
Service
Consolidation pilot program.... PL 103-317 Sec 507(c). 703
Financial management........... PL 103-317 Sec 507(a). 701
Planning report................ PL 103-317 Sec 507(d). 703
Policy Board................... PL 103-317 Sec 507(b). 702
Diplomatic Telecommunications PL 106-113 Sec 305.... 256
Service Program Office reform.
Disadvantaged enterprises, PL 101-246 Sec 126.... 461
participation in foreign
relations activities.
Discrimination policy............ PL 94-350 Sec 121..... 658
Disposition of estates abroad.... PL 84-885 Sec 43B(b).. 54
Disposition of personal property
abroad
Definitions.................... PL 84-885 Sec 301..... 84
Limitations on................. PL 84-885 Sec 302..... 85
Regulations.................... PL 84-885 Sec 303..... 86
Drug control
Alliance against trafficking in PL 105-277 Sec 2807... 309
the Western Hemisphere, report.
Bureau of International PL 99-93 Sec 131...... 576
Narcotics Matters,
strengthening personnel system.
Commendation of Ambassador of PL 99-93 Sec 135...... 577
Mexico.
Denial of visas to drug PL 100-204 Sec 804.... 542
traffickers, information-
sharing system.
Drug Enforcement PL 100-204 Sec 801.... 542
Administration, assignment of
agents abroad.
Extradition of drug PL 100-204 Sec 803.... 542
traffickers, priority of
United States missions in
major illicit drug producing
or transit countries.
Extradition treaties........... PL 99-93 Sec 133...... 576
Sharing of information PL 99-93 Sec 132...... 576
concerning drug traffickers.
United States Senate Caucus on PL 99-93 Sec 814...... 589
International Narcotics
Control.
East-West Center
Appropriations authorization, PL 109-108 Title IV... 677
2006.
PL 109-108 Title IV... 1542
Education Exchange
Appropriations authorization
1977......................... PL 94-350 Sec 101..... 655
1978......................... PL 95-105 Sec 101..... 645
Strengthening programs......... PL 95-105 Sec 107..... 646
Educational and cultural exchange
programs
Appropriations authorization, PL 109-108 Title IV... 673
2006.
PL 109-108 Title IV... 1541
Educational programs
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 234
2003......................... PL 107-228 Sec 112.... 157
Eisenhower Exchange Fellowship
Program
Appropriations authorization, PL 109-108 Title IV... 676
2006.
State, Department of--Continued
Eisenhower Exchange Fellowship
Program--Continued
Appropriations authorization,
2006--Continued
PL 109-108 Title IV... 1541
Emergency expenditures, Inspector PL 84-885 Sec 4(c).... 20
General audit.
Environmental issues
United States-Canada PL 95-426 Sec 612..... 642
negotiations on air quality.
Establishment of................. RS 199................ 5
Estates abroad, conservation and PL 84-885 Sec 43B..... 53
disposition of.
Expenses relating to PL 84-885 Sec 38...... 46
participation in arbitrations.
Export Controls, Coordinating
Committee on
Appropriations authorization, PL 98-164 Sec 107..... 594
1984.
Exports
Nuclear-related equipment, PL 98-164 Sec 1007.... 604
materials, and technology to
India, Argentina, and South
Africa, policy toward.
Expropriation of United States PL 103-236 Sec 527.... 368
property.
Extradition policy and practice, PL 107-228 Sec 696.... 204
report.
Facilitating access to building.. PL 103-236 Sec 129.... 333
Food and medical care as human PL 103-236 Sec 503.... 355
rights, policy concerning.
Forced abortion or sterilization, PL 106-113 Sec 801.... 264
denial of entry into United
States.
Foreign affairs administration
Appropriations authorization
1977......................... PL 94-350 Sec 101..... 655
1978......................... PL 95-105 Sec 101..... 645
1979......................... PL 95-426 Sec 101..... 626
1980 and 1981................ PL 96-60 Sec 102...... 619
1982 and 1983................ PL 97-241 Sec 102..... 610
1984 and 1985................ PL 98-164 Sec 102..... 592
1986 and 1987................ PL 99-93 Sec 101...... 569
1988 and 1989................ PL 100-204 Sec 101.... 506
1990 and 1991................ PL 101-246 Sec 101.... 455
1992 and 1993................ PL 102-138 Sec 101.... 406
1994 and 1995................ PL 103-236 Sec 101.... 322
1998 and 1999................ PL 105-277 Sec 2101... 277
PL 106-113 Sec 101.... 227
2003......................... PL 107-228 Sec 111.... 155
2006......................... PL 109-108 Title IV... 671
Travel document and issuance PL 94-141 Sec 102..... 660
system.
Foreign Affairs Reform and PL 105-277............ 274
Restructuring Act of 1998.
PL 105-277............ 873
Foreign claims settlement........ PL 84-885 Sec 2(b).... 15
Foreign exchange intervention, PL 99-93 Sec 810...... 586
policy regarding.
Foreign frozen or blocked assets, PL 103-236 Sec 511.... 359
report on use of.
Foreign gifts.................... PL 95-105 Sec 515..... 654
Foreign Policy Study Commission
Duties of...................... PL 92-352 Sec 603..... 668
Establishment of............... PL 92-352 Sec 602..... 668
Expenses of.................... PL 92-352 Sec 606..... 670
Findings and purpose........... PL 92-352 Sec 601..... 668
Powers of...................... PL 92-352 Sec 604..... 669
Staff of....................... PL 92-352 Sec 605..... 670
State, Department of--Continued
Foreign Relations of the United PL 84-885 Title IV.... 86
States historical series.
Advisory committee............. PL 84-885 Sec 406..... 91
Contents of publication........ PL 84-885 Sec 401..... 86
Declassification of records.... PL 84-885 Sec 404..... 89
Definitions.................... PL 84-885 Sec 407..... 93
Freedom of Information Act..... PL 84-885 Sec 405(b).. 91
General authority.............. PL 84-885 Sec 401..... 86
Privacy Act.................... PL 84-885 Sec 405(a).. 91
Procedures for identifying PL 84-885 Sec 403..... 87
records.
Publication delays............. PL 98-164 Sec 133..... 601
Publication of................. PL 95-426 Sec 120..... 630
Responsibility for preparation. PL 84-885 Sec 402..... 87
Free trade in ideas.............. PL 103-236 Sec 525.... 367
Freedom of expression............ PL 100-204 Sec 133.... 513
Fulbright-Hays Act administration EO 11034 Sec 1........ 1589
functions.
Funding ceilings and earmarks, PL 109-108 Sec 417.... 680
2006.
Funding rescissions, 2006........ PL 109-108 Sec 638.... 686
PL 109-148 Title III.. 689
Funding restrictions for PL 109-108 Sec 631.... 684
bilateral or multilateral trade
agreements.
Funding restrictions related to PL 109-108 Sec 637.... 686
acts of international terrorism.
Funding restrictions related to PL 109-108 Sec 624.... 683
use of torture by any official
or contract employee of the
United States Government.
Funds appropriations PL 109-108 Sec 414.... 680
restrictions, 2006.
PL 109-108 Sec 415.... 680
PL 109-108 Sec 630.... 684
Funds transfer authority, 1977... PL 94-350 Sec 102..... 656
Funds transfer authority, 1978... PL 95-105 Sec 102..... 646
Gender-related persecution task PL 106-113 Sec 254.... 253
force.
Gifts to any person of any PL 84-885 Sec 20...... 25
foreign country, audit of.
Hague Convention on Civil Aspects
of International Child Abduction
Report on compliance........... PL 105-277 Sec 2803... 307
Strengthening implementation of PL 106-113 Sec 202.... 245
Health research, international, PL 107-228 Sec 228.... 170
ethical issues.
HIV/AIDS
Response Coordinator........... PL 84-885 Sec 1(f).... 13
Sense of Congress.............. PL 107-228 Sec 689.... 201
Holocaust victims' portraits, PL 107-228 Sec 705.... 210
return to artist Dina Babbitt.
Human rights
Protection of women's rights... PL 103-236 Sec 142.... 338
Information offices in the United PL 95-105 Sec 504..... 651
States, sense of Congress.
Inspector General, Office of
Appointment limitation......... PL 99-399 Sec 413(d).. 1121
Appropriations authorization
1987......................... PL 99-399 Sec 413(c).. 1121
2006......................... PL 109-108 Title IV... 673
Direction to establish......... PL 99-399 Sec 413(a).. 1121
Duties and responsibilities.... PL 99-399 Sec 413(b).. 1121
Inspector General Act, sense of PL 103-236 Sec 505.... 356
the Senate.
Intelligence activities.......... EO 12333 Sec 1.9...... 966
Interagency working group........ PL 107-228 Sec 302(b). 174
International Atomic Energy
Agency
Bilateral and multilateral PL 103-236 Sec 841.... 395
initiatives.
Definitions.................... PL 103-236 Sec 844.... 398
Internal reforms............... PL 103-236 Sec 842.... 396
Reporting requirement.......... PL 103-236 Sec 843.... 397
State, Department of--Continued
International Boundary and Water PL 106-113 Sec 702.... 260
Commission.
International broadcasting
Activities..................... PL 106-113............ 243
Appropriations authorization, PL 109-108 Title IV... 1729
2006.
International Civil Aviation PL 84-885 Sec 6....... 21
Organization, funds allocation
for United States participation
in.
International Code of Marketing PL 97-241 Sec 504..... 617
of Breastmilk Substitutes.
International communications and
information policy
Funding for additional PL 98-164 Sec 104..... 593
positions.
PL 84-885 Sec 35...... 37
Sense of Congress.............. PL 95-426 Sec 601..... 636
International conferences
Funding restrictions for PL 109-108 Sec 634.... 684
attendance.
International Criminal Court
Establishment of, sense of PL 103-236 Sec 517.... 362
Senate.
Extradition of United States PL 106-113 Sec 706.... 262
citizens.
Participation restrictions..... PL 103-236 Sec 518.... 363
Protection of First and Fourth PL 103-236 Sec 519.... 363
Amendment rights.
United States accession PL 106-113 Sec 705.... 261
restriction.
International drug control PL 107-228 Sec 706.... 211
certification procedures.
International expositions, PL 106-113 Sec 204.... 245
funding limitations.
International extradition, report PL 106-113 Sec 211.... 249
International food reserve....... PL 95-105 Sec 510..... 652
PL 95-426 Sec 604..... 637
International journalistic PL 95-426 Sec 603..... 637
freedom.
International law enforcement, PL 107-228 Sec 685.... 198
participation of South Asian
countries.
International Litigation Fund.... PL 84-885 Sec 38(d)... 46
International materials, sense of PL 93-475 Sec 14...... 662
Congress.
International meetings expense PL 84-885 Sec 50...... 59
payment.
International narcotics and law PL 84-885 Sec 1(g).... 15
enforcement officer
qualifications.
International Religious Freedom,
Commission on
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
International Tin Council
Contribution to................ PL 95-426 Sec 704..... 643
Interparliamentary exchanges..... PL 103-236 Sec 502.... 355
Involuntary return of persons in PL 105-277 Sec 2242... 296
danger of subjection to torture.
Israeli Arab Scholarship Program
Appropriations authorization, PL 109-108 Title IV... 677
2006.
PL 109-108 Title IV... 1542
Joint funds under agreements for PL 106-113 Sec 210.... 249
cooperation.
Legislative liaison offices...... PL 106-113 Sec 301.... 254
``Made in America'' labels, PL 102-138 Sec 195.... 432
prohibition against fraudulent
use of.
Magen David Adom Society, sense PL 107-228 Sec 690.... 202
of Congress.
Major disasters and incidents PL 84-885 Sec 43...... 52
abroad affecting United States
citizens.
Marine resources
Moratorium on the commercial PL 96-60 Sec 405...... 623
killing of whales.
Sense of Congress.............. PL 95-426 Sec 602..... 636
Medical care malpractice or PL 84-885 Sec 30...... 32
negligence.
State, Department of--Continued
Memorial statue of General PL 95-426 Sec 104..... 628
Marshall.
Migration and refugee assistance
Adjustment and extended PL 100-204 Sec 902.... 543
voluntary departure.
Amerasian children in Vietnam.. PL 100-204 Sec 905.... 546
Appropriations authorization
1977......................... PL 94-350 Sec 101..... 655
1978......................... PL 95-105 Sec 101..... 645
1979......................... PL 95-426 Sec 101..... 627
1980 and 1981................ PL 96-60 Sec 102...... 620
1982 and 1983................ PL 97-241 Sec 102..... 611
1984 and 1985................ PL 98-164 Sec 102..... 593
1986 and 1987................ PL 99-93 Sec 101...... 570
PL 99-93 Sec 108...... 571
1988 and 1989................ PL 100-204 Sec 104.... 509
1990 and 1991................ PL 101-246 Sec 104.... 458
2000 and 2001................ PL 106-113 Sec 103.... 232
2003......................... PL 107-228 Sec 115.... 162
Assistance appropriations, 1994 PL 103-236 Sec 101.... 325
and 1995.
Assistance appropriations
authorization
1994 and 1995................ PL 103-236 Sec 104.... 329
1998 and 1999................ PL 105-277 Sec 2231... 294
Assistance for refugees in PL 95-426 Sec 107..... 630
Africa, 1979.
Assistance for refugees
settling in Israel
1978......................... PL 95-105 Sec 104..... 646
1979......................... PL 95-426 Sec 106..... 630
1980 and 1981................ PL 96-60 Sec 103...... 621
1982 and 1983................ PL 97-241 Sec 107..... 613
Bulgarian refugees in Turkey... PL 101-246 Sec 704.... 486
Burmese refugees............... PL 101-246 Sec 702.... 485
Burmese students, report....... PL 101-246 Sec 703.... 486
Cuban nationals, processing for PL 100-204 Sec 903.... 544
admission to the United States.
El Salvador, appropriations PL 98-164 Sec 111..... 595
authorization, 1984.
Indochinese refugee PL 100-204 Sec 904.... 544
resettlement.
Involuntary return of refugees, PL 84-885 Sec 58...... 63
funding prohibition.
PL 105-277 Sec 2241... 295
PL 106-113 Sec 251.... 253
Lebanon, appropriations PL 98-164 Sec 111..... 595
authorization, 1984.
Overseas assistance policy..... PL 103-236 Sec 501.... 354
Overseas refugee processing, PL 107-228 Sec 243.... 172
report.
Release of Yang Wei............ PL 100-204 Sec 907.... 548
Report on costs to assist PL 97-241 Sec 502..... 617
refugees and Cuban and Haitian
entrants.
Russian refugee assistance, PL 94-350 Sec 105..... 656
appropriations authorization,
1977.
Southeast Asia, refugees from.. PL 100-204 Sec 906.... 547
Status eligibility............. PL 106-113 Sec 255.... 253
Thailand, refugees in.......... PL 99-93 Sec 809...... 586
Tibet.......................... PL 101-246 Sec 702.... 485
Turkish minority, treatment by PL 101-246 Sec 704.... 486
government of People's
Republic of Bulgaria.
Migration and Refugee Assistance EO 11077 Sec 1........ 1339
Act of 1962 administration
responsibilities.
Military expenditures, restraint PL 93-126 Sec 16...... 666
on.
Minority enterprise, assistance PL 95-426 Sec 123..... 631
for.
Multilateral diplomacy training.. PL 108-458 Sec 7111(c) 103
Mutual defense alliances, support PL 100-204 Sec 1254... 565
of.
State, Department of--Continued
National Commission on
Educational, Scientific, and
Cultural Cooperation
Appropriations authorization
1984 and 1985................ PL 98-164 Sec 106..... 594
1986 and 1987................ PL 99-93 Sec 105...... 571
National Endowment for Democracy
Appropriations authorization, PL 109-108 Title IV... 677
2006.
PL 109-108 Title IV... 1542
National Foreign Affairs Training PL 84-885 Sec 53...... 61
Center, fees for use of.
Natural gas, international PL 98-164 Sec 1009.... 606
agreements.
Nonproliferation treaties PL 103-236 Sec 530.... 373
enforcement.
Notification of next of kin...... PL 84-885 Sec 43A..... 52
Official for Northeastern Europe. PL 106-113 Sec 302.... 255
Organization of.................. PL 84-885 Title I..... 8
Overseas property maintenance PL 102-138 Sec 125.... 416
management.
Palestine Liberation Organization
Funds appropriation PL 98-164 Sec 114..... 596
restrictions.
Palestinian territories
Funding restrictions related to PL 97-241 Sec 104..... 612
Palestinian Rights Units and
projects providing political
benefits to the PLO.
Palestinian Rights Units....... PL 95-426 Sec 614..... 643
Pan American Games
Appropriations authorization... PL 94-350 Sec 110..... 657
Pan American Institute of
Geography and History
Appropriations authorization, PL 97-241 Sec 113..... 615
1982 and 1983.
Panama Canal
Protection of United States PL 94-350 Sec 114..... 658
interests.
PL 95-105 Sec 506..... 651
Partnership for Peace, PL 103-236 Sec 514.... 360
implementation of.
Passports
For children under age 14...... PL 106-113 Sec 236.... 251
Denial to convicted drug PL 84-885 Sec 42...... 50
traffickers.
Diplomatic and official PL 95-426 Sec 125..... 631
passports.
Impermissible basis for denial PL 84-885 Sec 49...... 59
of.
Israel-only passports, PL 102-138 Sec 129.... 418
prohibition on issuance.
Limitation on geographical PL 95-426 Sec 124..... 631
travel restrictions.
Place of birth on, protection PL 100-204 Sec 1253... 565
of Americans endangered by.
Processing fees used for PL 105-277 Sec 2221... 291
enhanced services.
Restrictions................... PL 106-113 Sec 238.... 252
Security of.................... PL 103-236 Sec 131.... 333
United States citizens born in PL 109-108 Sec 405.... 678
Jerusalem.
United States Passport Office, PL 94-350 Sec 106..... 657
appropriations authorization,
1977.
Payment to Lady Catherine Helen PL 94-350 Sec 108..... 657
Shaw.
Peace Corps
Appropriations authorization, PL 103-236 Sec 601.... 386
1994 and 1995.
Offices location abroad, sense PL 107-228 Sec 691.... 202
of Congress.
Peacekeeping activities
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 102.... 327
1998 and 1999................ PL 105-277 Sec 2105... 283
2000 and 2001................ PL 106-113 Sec 107.... 239
State, Department of--Continued
Peacekeeping activities--
Continued
Appropriations authorization--
Continued
Assessed contributions for PL 103-236 Sec 404.... 347
United Nations operations.
Contributions appropriations
authorization
1988 and 1989................ PL 100-204 Sec 102(b). 508
1990 and 1991................ PL 101-246 Sec 102(b). 457
1992 and 1993................ PL 102-138 Sec 102(b). 411
2006......................... PL 109-108 Title IV... 675
Contributions appropriations PL 109-108 Sec 409.... 679
limitation, 2006.
PL 109-108 Sec 413.... 680
Defense Department funding for PL 103-236 Sec 403.... 346
United Nations operations,
sense of Senate.
Enhanced support for United PL 102-138 Sec 175.... 428
Nations operations.
Material donations to United PL 102-138 Sec 161.... 424
Nations operations.
Sense of Congress.............. PL 107-228 Sec 689.... 201
Southern Africa, contributions PL 101-246 Sec 417.... 483
for.
Permanent authorizations of PL 99-93 Sec 102...... 570
appropriations.
Personnel matters
Authorized strength of Foreign PL 103-236 Sec 121.... 331
Service, 1994 and 1995.
Broadening cultural, PL 101-246 Sec 153.... 470
geographic, and ethnic
representation.
Civil Service employees, PL 100-204 Sec 172.... 528
protection of.
Classification of Senior PL 103-236 Sec 175.... 341
Foreign Service positions,
report.
Commission to study Foreign PL 100-204 Sec 171.... 527
Service personnel system.
Commission to study personnel PL 102-138 Sec 150.... 421
questions.
Compliance with law requiring PL 100-204 Sec 184.... 531
reports to Congress.
Consolidation of administrative PL 103-236 Sec 128.... 333
operations, report.
Consular officers.............. PL 105-277 Sec 2222... 291
Costs and currency fluctuations PL 84-885 Sec 24(b)... 27
Danger pay allowance........... PL 98-164 Sec 131..... 601
PL 101-246 Sec 151.... 469
PL 109-140 Sec 4...... 871
Diplomatic security service, PL 105-277 Sec 2316... 299
availability pay for criminal
investigators.
Employment assistance referral PL 103-236 Sec 179.... 342
system.
Expression of individual views PL 92-352 Sec 502..... 667
to Congress.
Financial disadvantages for PL 106-113 Sec 338.... 258
administrative and technical
personnel.
Foreign language competence PL 103-236 Sec 191.... 343
within Foreign Service.
Foreign Language Resources PL 103-236 Sec 192.... 343
Coordinator, designation of.
Foreign language service fees.. PL 103-236 Sec 193.... 344
Foreign national employees PL 102-138 Sec 151.... 423
separation pay.
Foreign national pay plans..... PL 96-60 Sec 107...... 621
Foreign Service Internship PL 101-246 Sec 149.... 468
Program.
Foreign Service reform......... PL 105-277 Sec 2311... 298
Funds for transportation....... PL 109-108 Sec 401.... 678
State, Department of--Continued
Personnel matters--Continued
Housing benefits limitation.... PL 101-246 Sec 156.... 473
Inspector General PL 105-277 Sec 2208... 286
investigations.
PL 106-113 Sec 339.... 258
Judicial review of grievances.. PL 101-246 Sec 152.... 470
Language training consideration PL 102-138 Sec 155.... 424
in Foreign Service promotion
process.
Management training, report.... PL 106-113 Sec 325.... 257
Merit personnel system of PL 100-204 Sec 174.... 529
Foreign Service, audit of.
Mid-level women and minority PL 103-236 Sec 178.... 341
placement program.
Minorities and Foreign Service, PL 105-277 Sec 2318... 300
report.
Minority employment, report.... PL 107-228 Sec 324.... 180
Minority recruitment authorized PL 107-228 Sec 325.... 181
funds.
Nonovertime differential pay... PL 105-277 Sec 2317... 300
Performance pay................ PL 100-204 Sec 175.... 529
Personal property loss incident PL 102-138 Sec 154.... 423
to service, compensation for.
Personnel management officer PL 84-885 Sec 1(g).... 15
qualifications.
Polygraph program, report...... PL 101-246 Sec 154.... 472
Prepublication review of PL 98-164 Sec 1010.... 607
writings of former Federal
employees.
Prohibition on member of PL 100-204 Sec 180.... 530
Foreign Service union
negotiating on behalf of State
Department.
Recruitment of veterans........ PL 107-228 Sec 323.... 180
Reimbursement for detailed PL 93-126 Sec 11...... 665
personnel.
Restoration of withheld PL 103-236 Sec 182.... 342
benefits.
Retirement credit for PL 107-228 Sec 321.... 176
Government service abroad.
Senior Foreign Service PL 103-236 Sec 173.... 340
performance pay.
Sexual harassment study........ PL 101-246 Sec 155.... 472
Staff element review........... PL 108-447 Sec 409.... 692
Survivors of terrorist attacks PL 106-113 Sec 340.... 259
overseas, compensation for.
Thomas Jefferson Star for PL 84-885 Sec 36A..... 43
Foreign Service.
Women and minorities in the PL 100-204 Sec 183.... 531
Foreign Service.
Political and economic reporting, PL 98-164 Sec 104..... 593
funding for additional positions.
Political purposes, prohibition PL 100-204 Sec 109.... 511
on use of funds for.
POW/MIA status, sense of Congress PL 102-138 Sec 354.... 440
Preservation of America's
Heritage Abroad, Commission for
Salaries and expenses, PL 109-108 Title V.... 681
appropriations authorization,
2006.
Procurement contracts............ PL 84-885 Sec 14...... 24
Proof of United States PL 84-885 Sec 33...... 35
citizenship documents.
Property agreements.............. PL 103-236 Sec 134.... 334
Public diplomacy programs
Appropriations authorization, PL 107-228 Sec 112.... 157
2003.
Authorities.................... PL 107-228 Sec 223.... 168
Plan for achievement of PL 107-228 Sec 223.... 168
objectives.
Public diplomacy responsibilities PL 84-885 Sec 60...... 65
Publicity and propaganda, PL 93-126 Sec 14...... 665
appropriation restrictions.
State, Department of--Continued
Publicity and propaganda,
appropriation restrictions--
Continued
PL 109-108 Sec 601.... 682
Qualifications of officers....... PL 84-885 Sec 1(g).... 14
Records of overseas deaths of PL 84-885 Sec 57...... 63
United States citizens.
Reduction in earmarks............ PL 100-204 Sec 106.... 510
Reduction in earmarks if PL 84-885 Sec 11...... 22
appropriations less than
authorization amounts.
Regional Emerging Diseases PL 109-140 Sec 1...... 871
Intervention (REDI) Center.
Reopening certain United States PL 97-241 Sec 103..... 611
consulates.
Reorganization of, report........ PL 101-246 Sec 127.... 463
Repatriation loans program
account
Appropriations authorization, PL 109-108 Title IV... 674
2006.
Repatriations loan program PL 84-885 Sec 4(d).... 20
requirements.
Reporting reduction.............. PL 105-277 Sec 2219... 290
Representation allowances
Appropriations authorization, PL 109-108 Title IV... 673
2006.
Reprogramming of funds........... PL 84-885 Sec 34...... 36
PL 109-108 Sec 605.... 682
Rewards Program
Coordination................... PL 84-885 Sec 36(c)... 40
Definitions.................... PL 84-885 Sec 36(k)... 42
Determinations of the Secretary PL 84-885 Sec 36(j)... 42
Establishment of............... PL 84-885 Sec 36(a)... 38
Funding........................ PL 84-885 Sec 36(d)... 40
Ineligibility.................. PL 84-885 Sec 36(f)... 41
Limitations and certification.. PL 84-885 Sec 36(e)... 41
Media surveys and PL 84-885 Sec 36(i)... 42
advertisements.
Publication regarding rewards PL 84-885 Sec 36(h)... 42
offered by foreign governments.
Report requirements............ PL 84-885 Sec 36(g)... 41
Rewards authorized............. PL 84-885 Sec 36(b)... 39
Violations of humanitarian law PL 105-323 Sec 102.... 271
relating to the Former
Yugoslavia or Rwanda,
information concerning.
Rightsizing overseas posts....... PL 107-228 Sec 302.... 174
Saint Lawrence Seaway
Toll negotiations.............. PL 95-105 Sec 110..... 647
Satellites, nuclear-powered...... PL 95-426 Sec 608..... 640
Science, technology, and foreign
policy
Declaration of policy.......... PL 95-426 Sec 502..... 633
Findings....................... PL 95-426 Sec 501..... 633
Presidential responsibilities.. PL 95-426 Sec 503..... 634
Responsibilities of Secretary PL 95-426 Sec 504..... 635
of State.
Science and Technology Adviser to PL 106-113 Sec 303.... 255
Secretary of State.
Security
Appropriations authorization, PL 99-93 Sec 104...... 571
1986.
Senior officials authority....... PL 84-885 Sec 1(d).... 12
Senior Policy Operating Group on
Trafficking in Persons
Establishment of............... PL 108-7 Sec 406...... 695
Funding limitations, 2006...... PL 109-108 Sec 404.... 678
Sexual harassment study.......... PL 102-138 Sec 194.... 431
South West Africa People's
Organization
Funds appropriation PL 98-164 Sec 114..... 596
restrictions.
Soviet-East European Research and
Training
Appropriations authorization
1986 and 1987................ PL 99-93 Sec 101...... 570
1988 and 1989................ PL 100-204 Sec 105.... 510
State, Department of--Continued
Soviet-East European Research and
Training--Continued
Appropriations authorization--
Continued
1990 and 1991................ PL 101-246 Sec 105.... 460
1992 and 1993................ PL 102-138 Sec 105.... 415
Special agents
Agreements with Attorney PL 84-885 Sec 37(b)... 45
General and Secretary of
Treasury.
Authorities.................... PL 84-885 Sec 37(a)... 44
Firearms regulations........... PL 84-885 Sec 37(b)... 45
Secret Service authority not PL 84-885 Sec 37(c)... 46
affected.
State Department Basic PL 84-885............. 7
Authorities Act of 1956.
Systematic information-sharing... PL 95-426 Sec 122..... 630
Tactical nuclear weapons designed PL 102-138 Sec 363.... 444
for deployment in Europe, sense
of Congress.
Technical security and PL 102-138 Sec 193.... 431
counterintelligence capabilities
study.
Technology, report on illegal PL 100-204 Sec 1251... 565
transfers.
Telecommunications, PL 105-277 Sec 2218... 290
international, reaffirming
United States policy.
Terrorism
Nonlethal airport security PL 99-399 Sec 508..... 1123
equipment and commodities for
Egypt.
Rewards for information on PL 99-399 Sec 501..... 1122
international terrorists,
sense of Congress.
Travel advisories.............. PL 99-399 Sec 505..... 1123
World summit on, report on PL 100-204 Sec 1252... 565
progress.
Terrorism activity resulting in PL 106-113 Sec 805.... 265
deaths of United States
citizens, reporting requirements.
Terrorism-related services PL 84-885 Sec 40...... 48
control authority.
Terrorism rewards and reports.... PL 103-236 Sec 133.... 334
Terrorist assets in the United PL 102-138 Sec 304.... 437
States, report.
Tort claims payments in foreign PL 105-277 Sec 409.... 696
countries.
Trade issues
Discriminatory practices PL 95-426 Sec 606..... 639
affecting United States
foreign relations.
Transfer of funds................ PL 84-885 Sec 8....... 21
PL 100-204 Sec 107.... 510
PL 109-108 Sec 402.... 678
PL 109-108 Sec 616.... 683
Transparency in armaments policy. PL 103-236 Sec 504.... 356
Travel expenses for personnel PL 84-885 Sec 10...... 22
outside United States.
Travel restrictions on foreign PL 95-426 Sec 126..... 632
citizens.
Treaty on Open Skies, freedom of PL 103-236 Sec 533.... 374
information exemption on data.
Unobligated funds, quarterly PL 109-108 Sec 608.... 683
accounting of.
United States Bilateral Science
and Technology Agreements
Appropriations authorization
1982 and 1983................ PL 97-241 Sec 110..... 615
1984 and 1985................ PL 98-164 Sec 102..... 593
1986 and 1987................ PL 99-93 Sec 101...... 570
1988 and 1989................ PL 100-204 Sec 105.... 510
1990 and 1991................ PL 101-246 Sec 105.... 460
1992 and 1993................ PL 102-138 Sec 105.... 414
1994 and 1995................ PL 103-236 Sec 105.... 330
State, Department of--Continued
United States-China Economic and
Security Review Commission
Responsibilities of............ PL 109-108 Sec 635.... 684
Salaries and expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
United States Institute of Peace
Board of Directors............. PL 99-93 Sec 802...... 583
Operating expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
United States personnel taken PL 103-236 Sec 405.... 348
prisoner while in multinational
forces.
United States Senate-China
Interparliamentary Group
Salaries and expenses, PL 109-108 Title V.... 682
appropriations authorization,
2006.
Visas
Applications processing........ PL 107-228 Sec 233.... 171
Automated lookout system....... PL 103-236 Sec 140(b). 336
Criminal history records access PL 107-56 Sec 403..... 1093
of applicants.
Denial of...................... PL 84-885 Sec 51...... 59
Denial to confiscators of PL 105-277 Sec 2225... 293
American property.
Fingerprint checks............. PL 103-236 Sec 140(e). 337
PL 103-236 Sec 140(g). 337
Funding restrictions related to PL 105-277 Sec 616.... 699
persons involved in political
killings.
Interstate Identification Index PL 103-236 Sec 140(d). 336
access.
PL 103-236 Sec 140(g). 337
Lookout systems................ PL 102-138 Sec 128.... 417
Machine readable............... PL 106-113 Sec 231.... 250
Machine readable combined PL 105-277 Sec 410.... 696
border crossing card and
nonimmigrant visa.
Processing for admission to the PL 103-236 Sec 140(c). 336
United States.
Processing surcharge........... PL 103-236 Sec 140(a). 335
Reports........................ PL 103-236 Sec 140(f). 337
World Administrative Radio PL 96-60 Sec 406...... 624
Conference, private sector
representatives on United States
Delegation to.
World Alternate Energy Conference PL 95-426 Sec 609..... 640
World Commission on Environment
and Development
Appropriations authorization, PL 99-93 Sec 107...... 571
1986 and 1987.
World Heritage Trust Fund
Appropriations authorization, PL 98-164 Sec 108..... 594
1984 and 1985.
World Intellectual Property PL 98-164 Sec 112..... 595
Organization.
Yalta Agreement, policy toward PL 99-93 Sec 804...... 584
application of.
State Department Basic Authorities PL 84-885............. 7
Act of 1956
State Department/USIA Authorization PL 93-475............. 662
Act, FY 1975
Sterilizations
Forced, denial of entry into PL 106-113 Sec 801.... 264
United States of foreign
nationals engaged in.
Students. See also Education
Burmese, report.................. PL 101-246 Sec 703.... 486
Defined, Foreign Service PL 96-465 Sec 804..... 763
Retirement and Disability System.
Foreign student monitoring PL 107-56 Sec 416..... 1096
program.
Students--Continued
Foreign student monitoring
program--Continued
PL 107-173 Sec 501.... 1077
Sudan
Sudanese Scholarships, PL 107-228 Sec 112.... 159
appropriations authorization,
2003.
United States Envoy for Peace.... PL 107-228 Sec 698.... 205
Sugar
International agreement, 1997
Repeal of provisions........... PL 105-277 Sec 2219... 290
International Sugar Organization
Funding limitation............. PL 102-138 Sec 176(c). 429
United States membership in.... PL 101-246 Sec 401.... 476
Surveillance. See Electronic
surveillance
Sweden
Reopening of consulate at PL 94-141 Sec 105..... 660
Gothenburg.
Syria
Syrian nationals--adjustment of
immigration status
Findings....................... PL 106-378 Sec 1...... 1374
Requirements for adjustment of PL 106-378 Sec 2...... 1374
status.
Termination of assistance PL 98-164 Sec 1004.... 603
programs.
T
Tactical Intelligence and Related
Activities Program
Director of Central Intelligence EO 12333 Sec 1.5(n)... 963
responsibilities.
Taiwan
American Institute in Taiwan
American flag display, sense of PL 107-228 Sec 693.... 203
Congress.
Appropriations authorization
1988 and 1989................ PL 100-204 Sec 101(a). 506
1990 and 1991................ PL 101-246 Sec 101(a). 456
1992 and 1993................ PL 102-138 Sec 101.... 408
1994 and 1995................ PL 103-236 Sec 101.... 324
1998 and 1999................ PL 105-277 Sec 2101... 280
2000 and 2001................ PL 106-113 Sec 101.... 230
2003......................... PL 107-228 Sec 111.... 157
2006......................... PL 109-108 Title IV... 674
Democracy in..................... PL 99-93 Sec 806...... 585
PL 100-204 Sec 1246... 564
High-level visits to, sense of PL 103-236 Sec 508.... 357
Congress.
Membership and participation in PL 106-113 Sec 704.... 261
international organizations,
United States support for.
Policy toward, sense of Congress. PL 102-138 Sec 358.... 442
Record of place of birth of PL 103-236 Sec 132.... 334
Taiwanese-Americans.
Taiwan Strait issue resolution, PL 107-228 Sec 692.... 202
sense of Congress.
Visas for officials.............. PL 103-416 Sec 221.... 1403
World Trade Organization PL 105-277 Sec 2808... 310
accession, congressional
statement.
Taiwan Relations Act............... PL 103-236 Sec 531.... 373
Technical assistance
Compensation for foreign PL 84-885 Sec 12...... 23
participants.
Technology. See Science
Technology America Centers
Establishment of................. PL 107-228 Sec 645.... 192
Telecommunications
Diplomatic telecommunications
service program
Office reform.................. PL 106-113 Sec 305.... 256
Reaffirming United States PL 105-277 Sec 2218... 290
policy.
Federal Communications Commission
Notification of International PL 99-93 Sec 146(e)... 580
Telecommunications Satellite
Organization Agreement.
International Telecommunications PL 99-93 Sec 146...... 579
Satellite Organization.
Private sector representatives PL 97-241 Sec 120..... 616
to meetings and conferences.
Television. See Broadcasting,
international
Television Broadcasting to Cuba Act PL 101-246............ 1737
Appropriations authorization..... PL 101-246 Sec 247.... 1742
Assistance from other government PL 101-246 Sec 246.... 1741
agencies.
Definitions...................... PL 101-246 Sec 248.... 1743
Findings and purposes............ PL 101-246 Sec 242.... 1738
Frequency assignment............. PL 101-246 Sec 243(d). 1739
Functions........................ PL 101-246 Sec 243(a). 1739
Interference with domestic PL 101-246 Sec 243(e). 1739
broadcasting.
Monitoring of interference....... PL 101-246 Sec 243(f). 1740
Radio Broadcasting to Cuba Act PL 101-246 Sec 245.... 1741
amendments.
Task force....................... PL 101-246 Sec 243(g). 1740
Television Marti service......... PL 101-246 Sec 244.... 1740
PL 101-246 Sec 243(c). 1739
Voice of America standards....... PL 101-246 Sec 243(b). 1739
Territorial sea, expansion of...... PL 104-132 Sec 901.... 1176
Terrorism. See also 9/11 Commission
recommendations; Omnibus
Diplomatic Security and
Antiterrorism Act of 1986;
Torture; War crimes
Achille Lauro hijacking
Senate findings................ PL 99-177 Sec 3....... 1191
Activity resulting in deaths of PL 106-113 Sec 805.... 265
United States citizens,
reporting requirements.
Afghanistan, policy toward....... PL 99-399 Sec 1308.... 1145
Annual country reports on........ PL 100-204 Sec 140.... 516
Anti-Terrorism Act of 1987
Enforcement.................... PL 100-204 Sec 1004... 1190
Findings and determinations.... PL 100-204 Sec 1002... 1188
Prohibitions regarding the PLO. PL 100-204 Sec 1003... 1189
Anti-Terrorism and Arms Export
Amendments Act of 1989
Self-defense in accordance with PL 101-222............ 1187
international law.
Authority to control related PL 84-885 Sec 40...... 48
services.
Aviation security
Sense of Senate regarding acts PL 104-264 Sec 314.... 1161
of international terrorism.
Biological Weapons Anti-Terrorism
Act of 1989
Definitions.................... 18 USC Sec 178........ 1185
Injunctions.................... 18 USC Sec 177........ 1184
Military assistance to enforce 18 USC Sec 175a....... 1180
prohibition in emergencies,
requests for.
Prohibitions with respect to 18 USC Sec 175........ 1179
biological weapons.
Seizure, forfeiture, and 18 USC Sec 176........ 1184
destruction.
Select agents.................. 18 USC Sec 175b....... 1180
Variola virus.................. 18 USC Sec 175c....... 1183
Biological weapons restrictions
Enhanced penalties and control PL 104-132 Sec 511.... 1169
of biological agents.
Terrorism--Continued
Bioterrorism
Regional Emerging Diseases PL 109-140 Sec 1...... 871
Intervention (REDI) Center
research.
Bombings of public places, 18 USC Sec 2332f...... 1032
government facilities,
transportation systems and
infrastructure facilities.
Chemical weapons of mass
destruction
Facility for training and PL 104-132 Sec 521.... 1169
evaluation of personnel who
respond in urban and suburban
areas, study of.
Civil remedies................... 18 USC Sec 2333....... 1036
Condemnation of 9/11/2001 attacks PL 107-39............. 1099
Constitutionality of restricting PL 104-132 Sec 709.... 1172
instructional materials.
Coordinator for Counterterrorism
Authority of................... PL 84-885 Sec 1(e).... 12
Counterterrorism Protection Fund. PL 84-885 Sec 39...... 47
Criminal penalties............... 18 USC Sec 2332....... 1023
Definitions...................... 18 USC Sec 2331....... 1022
Demonstrations at embassies in PL 99-399 Sec 1302.... 1143
the District of Columbia, sense
of Congress.
Emergency Supplemental
Appropriations Act for Recovery
from and Response to Terrorist
Attacks on the United States.
Funds transfer restrictions.... PL 109-148 Sec 5003... 690
PL 109-148 Sec 5025... 690
Exclusive Federal jurisdiction... 18 USC Sec 2338....... 1038
Financial transactions........... 18 USC Sec 2332d...... 1031
Financing of
Coordination of United States PL 108-458 Sec 7704... 139
Government efforts against.
Definitions.................... PL 108-458 Sec 7702... 139
Findings....................... PL 108-458 Sec 7118(a) 109
Improving international PL 108-458 Sec 7701... 137
standards and cooperation
against.
Prohibitions against........... 18 USC Sec 2339C...... 1046
Report......................... PL 108-458 Sec 6303... 1058
Sense of Congress.............. PL 108-458 Sec 7118(b) 109
Foreign terrorist organizations
Definitions.................... PL 82-414 Sec 219(c).. 1357
Designation of................. PL 82-414 Sec 219(a).. 1355
Judicial review of designation. PL 82-414 Sec 219(b).. 1357
Funding restrictions related to PL 109-108 Sec 637.... 686
acts of international terrorism.
Harboring or concealing 18 USC Sec 2339....... 1038
terrorists.
Honduras bombing................. PL 100-204 Sec 1213... 552
Increasing multilateral PL 99-399 Sec 705..... 1125
cooperation, reports on progress.
Intelligence community use of PL 108-458 Sec 8101... 1062
National Infrastructure
Simulation and Analysis Center.
Intelligence Reform and Terrorism PL 108-458............ 1054
Prevention Act of 2004.
Advanced airline passenger PL 108-458 Sec 4012... 1054
prescreening, report.
Federal air marshals, PL 108-458 Sec 4017... 1055
international agreements to
allow maximum deployment.
Man-Portable Air Defense PL 108-458 Sec 4026... 1055
Systems.
Transportation security........ PL 108-458 Title IV... 1054
International Antiterrorism PL 99-399 Sec 701..... 1124
Committee.
International convention, PL 99-399 Sec 1201.... 1143
encouragement for negotiation
of, sense of Congress.
Terrorism--Continued
International cooperation........ PL 98-533 Sec 201..... 1195
International Criminal Court PL 103-236 Sec 518.... 363
participation restrictions.
International Money Laundering PL 107-56 Title III... 1086
Abatement and Financial Anti-
Terrorism Act of 2001.
Anti-terrorist forfeiture PL 107-56 Sec 316..... 1091
protection.
Cooperative efforts to deter PL 107-56 Sec 314..... 1089
money laundering.
Findings and purposes.......... PL 107-56 Sec 301..... 1086
International cooperation in PL 107-56 Sec 330..... 1092
investigations.
Use of authority of United PL 107-56 Sec 360..... 1093
States executive directors.
Wire transfers, cooperation on PL 107-56 Sec 328..... 1091
identification of originators.
International terrorism, torture, 18 USC................ 1020
and war crimes.
International terrorism
prohibitions
Antiterrorism assistance....... PL 104-132 Sec 328.... 1165
Assistance definition.......... PL 104-132 Sec 329.... 1166
Findings and purpose........... PL 104-132 Sec 301.... 1163
PL 104-132 Sec 324.... 1164
Jurisdiction and venue........... 18 USC Sec 2334....... 1036
Law enforcement assistance
Counterterrorism technologies PL 104-132 Sec 820.... 1175
to foreign countries.
Funding source................. PL 104-132 Sec 823.... 1175
International counterfeiting of PL 104-132 Sec 807.... 1172
United States currency,
combatting.
Research and development to PL 104-132 Sec 821.... 1175
support counterterrorism
technologies.
Limitation of actions............ 18 USC Sec 2335....... 1037
18 USC Sec 2336....... 1037
Maritime security
Appropriations authorization, PL 99-399 Sec 912..... 1141
1987 through 1991.
Definitions.................... PL 99-399 Sec 911..... 1141
Foreign ports security PL 99-399 Sec 907..... 1139
standards.
International measures for PL 99-399 Sec 902..... 1138
seaport and shipboard security.
Panama Canal security.......... PL 99-399 Sec 904..... 1138
Port, harbor, and coastal PL 99-399 Sec 906..... 1139
facility security.
Preventing unlawful acts PL 99-399 Sec 903..... 1138
against passengers and crews
on board ships.
Reports........................ PL 99-399 Sec 913..... 1141
Seizure of vessels by PL 99-399 Sec 910..... 1141
terrorists, sanctions for.
Suspension of passenger PL 99-399 Sec 909..... 1140
services.
Terrorism threat to United PL 99-399 Sec 905..... 1139
States ports and vessels,
report.
Travel advisories concerning PL 99-399 Sec 908..... 1140
security at foreign ports.
Military assistance requests..... 18 USC Sec 2332e...... 1032
Military bases abroad security
Findings....................... PL 99-399 Sec 1101.... 1142
Report......................... PL 99-399 Sec 1103.... 1142
Secretary of Defense, PL 99-399 Sec 1102.... 1142
recommended actions, sense of
Congress.
Missile systems designed to 18 USC Sec 2332g...... 1034
destroy aircraft.
Nonlethal airport security PL 99-399 Sec 508..... 1123
equipment and commodities for
Egypt.
Terrorism--Continued
Nuclear materials
Findings and purpose........... PL 104-132 Sec 501.... 1167
Thefts of explosive materials PL 104-132 Sec 503.... 1168
from armories, report.
Nuclear terrorism, international
Actions to combat.............. PL 99-399 Sec 601..... 1123
International review of problem PL 99-399 Sec 605..... 1124
Physical security standards PL 99-399 Sec 604..... 1124
review.
Passports and visas, PL 99-399 Sec 702..... 1125
international arrangements to
share information.
Payment of certain anti-terrorism PL 106-386 Sec 2002... 1148
judgments.
Plastic Explosives Convention,
implementation of
Findings and purposes.......... PL 104-132 Sec 601.... 1171
Proof of citizenship............. PL 104-132 Sec 902.... 1176
Protection of Americans PL 99-399 Sec 703..... 1125
endangered by place of birth on
passports.
Providing material support or 18 USC Sec 2339B...... 1041
resources to designated foreign
terrorist organizations.
Providing material support to 18 USC Sec 2339A...... 1039
terrorists.
Receiving military-type training 18 USC Sec 2339D...... 1050
from a foreign terrorist
organization.
Rewards and reports.............. PL 103-236 Sec 133.... 334
Rewards for information on
international terrorism
Definitions.................... PL 98-533 Sec 3077.... 1194
Determination of entitlement PL 98-533 Sec 3072.... 1193
and maximum amount.
Governmental officials PL 98-533 Sec 3074.... 1193
exception.
Identity protection............ PL 98-533 Sec 3073.... 1193
Information for which rewards PL 98-533 Sec 3071.... 1192
authorized.
Sense of Congress.............. PL 99-399 Sec 501..... 1122
Witness security program PL 98-533 Sec 3076.... 1194
eligibility.
Rewards program.................. PL 84-885 Sec 36(b)... 39
Secure Embassy Construction and PL 106-113............ 1151
Counterterrorism Act of 1999.
Africa, increased anti- PL 106-113 Sec 609.... 1158
terrorism training in.
Appropriations authorizations, PL 106-113 Sec 604.... 1152
2000 through 2004.
Findings....................... PL 106-113 Sec 602.... 1151
Obligations and expenditures... PL 106-113 Sec 605.... 1153
Overseas presence, report...... PL 106-113 Sec 607.... 1157
United States diplomatic
facilities
Defined...................... PL 106-113 Sec 603.... 1152
Security requirements........ PL 106-113 Sec 606.... 1154
Spoils of war transfers, PL 103-236 Sec 553.... 376
prohibition to countries
supporting terrorism.
State Department issued travel PL 99-399 Sec 505..... 1123
advisories.
Strengthening the sharing of
information to protect Americans
Collection of information EO 13388 Sec 4........ 1211
inside the United States,
requirements for.
Definitions.................... EO 13388 Sec 6........ 1211
Duties of heads of agencies EO 13388 Sec 2........ 1210
possessing or acquiring
terrorism information.
General provisions............. EO 13388 Sec 7........ 1212
Information Sharing Council.... EO 13388 Sec 5........ 1211
Policy......................... EO 13388 Sec 1........ 1210
Preparing terrorism information EO 13388 Sec 3........ 1211
for maximum distribution.
Terrorism--Continued
Suits against Government 18 USC Sec 2337....... 1037
officials.
Survivors of attacks overseas, PL 106-113 Sec 340.... 259
compensation for Foreign Service
personnel.
Terrorism acts transcending 18 USC Sec 2332b...... 1026
national boundaries.
Terrorist assets in the United PL 102-138 Sec 304.... 437
States, report.
Terrorist lookout committees..... PL 107-173 Sec 304.... 1072
Terrorist sanctuaries............ PL 108-458 Sec 7102... 95
Terrorist travel
Biometric entry and exit data PL 108-458 Sec 7208... 123
system.
Birth certificate standards.... PL 108-458 Sec 7211... 131
Consular officers' PL 108-458 Sec 7203... 119
responsibilities.
Counterterrorist travel PL 108-458 Sec 7201... 113
intelligence.
Department of Homeland Security PL 108-458 Sec 7215... 134
program.
Human Smuggling and Trafficking PL 108-458 Sec 7202... 118
Center establishment.
Immigration Security Initiative PL 108-458 Sec 7206... 123
International agreements to PL 108-458 Sec 7204... 120
track.
International document and PL 108-458 Sec 7205... 122
watchlist system standards.
Passports, lost or stolen, PL 108-458 Sec 7217... 134
study on.
Preinspection at foreign PL 108-458 Sec 7210... 130
airports.
Program establishment.......... PL 108-458 Sec 7215... 134
Terrorist information exchange. PL 108-458 Sec 7210... 130
Travel documents............... PL 108-458 Sec 7209... 129
Visa and Passport Security PL 108-458 Sec 7218... 135
Program.
Visa waiver participants, PL 108-458 Sec 7207... 123
certification regarding
technology for.
Terrorist watch list............. PL 108-458 Sec 4012... 1054
United Kingdom support for global PL 107-228 Sec 701(c). 207
war on.
United States Telecommunications PL 99-399 Sec 1307.... 1145
Training Institute, support of
activities.
United States missions abroad
Advisory Panel on Security of PL 98-533 Sec 301..... 1196
United States Missions Abroad.
Danger pay..................... PL 98-533 Sec 304..... 1196
Security enhancement........... PL 98-533 Sec 302..... 1196
USA PATRIOT ACT
Biometric system, feasibility PL 107-56 Sec 1008.... 1098
study on use of.
Consulate shopping prevention.. PL 107-56 Sec 418..... 1097
Counterterrorism Fund.......... PL 107-56 Sec 101..... 1082
Criminal history records access PL 107-56 Sec 403..... 1093
Criminal investigative PL 107-56 Sec 203..... 1083
information, authority to
share.
FBI Technical Support Center, PL 107-56 Sec 103..... 1083
increased funding for.
Foreign student monitoring PL 107-56 Sec 416..... 1096
program.
Integrated Automated PL 107-56 Sec 405..... 1095
Fingerprint Identification
System, report.
Machine readable passports..... PL 107-56 Sec 417..... 1097
National electronic crime task PL 107-56 Sec 105..... 1083
force initiative, expansion of.
Severability................... PL 107-56 Sec 2....... 1082
Sunset......................... PL 107-56 Sec 224..... 1085
Trade sanctions................ PL 107-56 Sec 221..... 1085
Visa integrity and security, PL 107-56 Sec 414..... 1095
sense of Congress.
Use of diplomatic privileges and PL 99-399 Sec 704..... 1125
immunities.
Terrorism--Continued
Victims of terrorism,
compensation for
Alien employees, retention of PL 99-399 Sec 804..... 1131
leave after injury from
hostile action.
Benefits for captives and other PL 99-399 Sec 803..... 1126
victims of hostile action.
Compensation for disability or PL 99-399 Sec 803..... 1130
death.
Disability and death PL 99-399 Sec 806..... 1133
compensation for dependents of
members of uniformed services
held as captives.
Educational assistance for PL 99-399 Sec 806..... 1135
members of uniformed services
held as captives and their
dependents.
Medical care for members of PL 99-399 Sec 806..... 1134
uniformed services held as
captives and their dependents.
Payment of compensation for PL 99-399 Sec 806..... 1137
victims.
Payment to individuals held in PL 99-399 Sec 802..... 1126
captive status between 11/4/
1979 and 1/21/1981.
Regulations.................... PL 99-399 Sec 807..... 1137
Transition provisions.......... PL 99-399 Sec 805..... 1131
Visa restrictions for PL 107-173 Sec 306.... 1074
nonimmigrants from state
sponsors of international
terrorism.
Weapons of mass destruction use.. 18 USC Sec 2332a...... 1024
World summit on, report on PL 100-204 Sec 1252... 565
progress.
Textile trade agreements
Commissioner of Customs actions.. EO 11651 Sec 2........ 1001
Committee for the Implementation
of Textile Agreements
Establishment of............... EO 11651 Sec 1........ 1001
Thailand
Combatting piracy in the Gulf of PL 98-164 Sec 110..... 595
Thailand, appropriations
authorization, 1984 and 1985.
Indochinese refugee assistance PL 100-204 Sec 104.... 509
appropriations authorization,
1988 and 1989.
Refugees
Appropriations authorization, PL 99-93 Sec 108...... 572
1986 and 1987.
Refugees from.................... PL 100-204 Sec 906.... 547
United States policy, sense of PL 103-236 Sec 515.... 361
Congress.
Thomas Jefferson Star for Foreign PL 84-885 Sec 36A..... 43
Service
TIARA. See Tactical Intelligence
and Related Activities Program
Tibet
China's illegal control of, sense PL 102-138 Sec 355.... 440
of Congress.
Educational and cultural
exchanges
Appropriations authorization
1994 and 1995................ PL 103-236 Sec 236.... 1481
1998 and 1999................ PL 105-277 Sec 2401... 1469
PL 105-277 Sec 2415... 1471
Exchange program
Appropriations authorization
2000 and 2001................ PL 106-113 Sec 104.... 235
2003......................... PL 107-228 Sec 112.... 158
Human rights violations by PL 100-204 Sec 1243... 559
People's Republic of China.
Radio Free Asia
Reporting requirement.......... PL 105-261 Sec 3903... 1736
Refugees in India and Nepal
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 702(a). 485
1998 and 1999................ PL 105-277 Sec 2231... 295
Tibet--Continued
Refugees in India and Nepal--
Continued
Appropriations authorization--
Continued
2000 and 2001................ PL 106-113 Sec 103(a). 233
2003......................... PL 107-228 Sec 115(c). 163
Reporting requirements........... PL 103-236 Sec 536.... 375
Scholarships
Appropriations authorization
1990 and 1991................ PL 101-246 Sec 225.... 1506
1998 and 1999................ PL 105-277 Sec 2415... 1471
Tibetan Policy Act of 2002
Access to prisons.............. PL 107-228 Sec 617.... 187
Release of prisoners........... PL 107-228 Sec 617.... 187
Religious persecution.......... PL 107-228 Sec 620.... 187
Tibetan language training PL 107-228 Sec 619.... 187
requirement.
United States branch office in PL 107-228 Sec 618.... 187
Lhasa, establishment of.
United States Special PL 107-228 Sec 621.... 188
Coordinator for Tibetan Issues.
USIA office in Lhasa............. PL 103-236 Sec 221.... 1478
Voice of America broadcasts
Appropriations authorization, PL 101-246 Sec 234.... 1507
1990 and 1991.
Timor-Leste. See East Timor
Tin Council, International
Contribution to.................. PL 95-426 Sec 704..... 643
Torture. See also Victims of
torture
Conspiracy to commit............. 18 USC Sec 2340A(c)... 1052
Definitions...................... 18 USC Sec 2340....... 1051
Exclusive remedies............... 18 USC Sec 2340B...... 1052
Jurisdiction over activity....... 18 USC Sec 2340A(b)... 1052
Offense of....................... 18 USC Sec 2340A(a)... 1052
Torture Victims Protection Act of
1991
Definitions...................... PL 102-256 Sec 3...... 1177
Establishment of civil action.... PL 102-256 Sec 2...... 1177
Trade agreements
Buy-American requirement......... PL 101-246 Sec 1003... 500
Funding restrictions............. PL 109-108 Sec 631.... 684
People's Republic of China most- PL 103-236 Sec 513.... 359
favored-nation status,
conditions for continuing.
Trade and Development Agency
Suspension of activities in PL 101-246 Sec 902.... 496
People's Republic of China.
Trade issues
Convention on International Trade
in Endangered Species of Wild
Fauna and Flora
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
Discriminatory practices PL 95-426 Sec 606..... 639
affecting United States foreign
relations.
East Timor assistance............ PL 107-228 Sec 634.... 189
PL 107-228 Sec 635.... 190
Foreign exchange intervention, PL 99-93 Sec 810...... 586
policy regarding.
Increasing United States-China PL 99-93 Sec 807...... 585
trade.
Partial lifting of embargo PL 100-204 Sec 1212... 552
against Nicaragua.
People's Republic of China PL 102-138 Sec 303.... 436
restrictions, reports.
USA PATRIOT ACT and.............. PL 107-56 Sec 221..... 1085
Trafficking
Alliance against narcotics PL 105-277 Sec 2807... 309
trafficking in the Western
Hemisphere, report.
Denial of passport to drug PL 84-885 Sec 42...... 50
traffickers.
Trafficking--Continued
Human Smuggling and Trafficking
Center
Assistance to.................. PL 108-458 Sec 7201(b) 115
Establishment of............... PL 108-458 Sec 7202... 118
Visa and Passport Security PL 108-458 Sec 7218(c) 136
Program.
MiraMed
Appropriations authorization, PL 109-108 Sec 406.... 679
2006.
Reward for information on drug PL 84-885 Sec 36(b)... 39
traffickers.
Senior Policy Operating Group on
Trafficking in Persons
Establishment of............... PL 108-7 Sec 406...... 695
Funding limitations, 2006...... PL 109-108 Sec 404.... 678
Training programs
Authorities for Foreign Service PL 96-465 Sec 704..... 756
training.
Coordination of United States EO 13055.............. 1551
Government International
Exchanges and Training Programs.
Definitions.................... EO 13055 Sec 2........ 1551
Interagency Working Group...... EO 13055 Sec 1........ 1551
EO 13055 Sec 3........ 1551
EO 13055 Sec 4........ 1551
EO 13055 Sec 5........ 1552
EO 13055 Sec 6........ 1552
EO 13055 Sec 7........ 1552
EO 13055 Sec 8........ 1552
EO 13055 Sec 9........ 1552
Foreign Service officers......... PL 96-465 Sec 708..... 759
Foreign Service training grants.. PL 96-465 Sec 705..... 758
FREEDOM Support Act.............. PL 102-511 Sec 807.... 1627
Institution for Foreign Service PL 96-465 Sec 701..... 753
members.
State, Department of
Counterterrorist travel PL 108-458 Sec 7201(d) 117
intelligence.
Multilateral diplomacy training PL 108-458 Sec 7111(c) 103
Terrorism
Overseas law enforcement PL 104-132 Sec 801.... 1172
assistance.
Personnel who respond in urban PL 104-132 Sec 521.... 1169
and suburban areas.
Transit without visa program....... PL 108-458 Sec 7209(d) 130
Transportation security. See
Aviation security
Trap and trace devices. See
Intelligence surveillance
Travel
Expenses for Foreign Service PL 96-465 Sec 901..... 825
members.
Funds for transportation......... PL 109-108 Sec 401.... 678
Saint Lawrence Seaway toll
negotiations
Expenses for Board members..... PL 95-105 Sec 110..... 648
Travel document and issuance PL 94-141 Sec 102..... 660
system.
Travel documents. See also
Passports; Visas
Requirements..................... PL 108-458 Sec 7209... 129
Travel expenses
Commission on Protecting and PL 103-236 Sec 908.... 401
Reducing Government Secrecy
members.
State Department personnel PL 84-885 Sec 10...... 22
outside United States.
Travel restrictions
Counterterrorist travel
intelligence
Enhancing classified efforts... PL 108-458 Sec 7201(e) 118
Findings....................... PL 108-458 Sec 7201(a) 113
Frontline technology and PL 108-458 Sec 7201(c) 116
training.
Strategy....................... PL 108-458 Sec 7201(b) 114
Training program............... PL 108-458 Sec 7201(d) 116
Travel restrictions--Continued
Definitions...................... PL 84-885 Sec 216(b).. 83
Department of Homeland Security PL 108-458 Sec 7215... 134
program.
Foreign citizens and............. PL 95-426 Sec 126..... 632
Individuals subject to........... PL 84-885 Sec 216(b).. 83
International agreements to track PL 108-458 Sec 7204... 120
terrorist travel.
International document and PL 108-458 Sec 7205... 122
watchlist system standards.
Preinspection at foreign airports PL 108-458 Sec 7210... 130
Requirement for.................. PL 84-885 Sec 216(a).. 82
Waivers.......................... PL 84-885 Sec 216(b).. 83
Treasury, Department of
Intelligence activities.......... EO 12333 Sec 1.10..... 967
Reimbursement for Secret Service PL 99-399 Sec 411..... 1120
expenses in providing protection
to spouses of foreign heads of
state.
Treaties. See International
agreements
Treaty on Open Skies
Freedom of information exemption PL 103-236 Sec 533.... 374
on data.
Tripartite Agreement
Contributions for peacekeeping PL 101-246 Sec 417.... 483
activities in Southern Africa
and.
Tropical Timber Organization,
International
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
United States membership in...... PL 101-246 Sec 401.... 476
Turkey
Bulgarian refugees in............ PL 101-246 Sec 704.... 486
Recognition of the Ecumenical PL 105-277 Sec 2804... 308
Patriarchate by government of,
sense of Congress.
Stability and Iraqi Kurdistan, PL 103-236 Sec 507.... 357
sense of Congress.
Treatment of Turkish minority by PL 101-246 Sec 704.... 486
government of People's Republic
of Bulgaria.
U
Uganda
Atrocities in.................... PL 95-426 Sec 610..... 641
Northern Uganda Crisis Response
Act
Findings....................... PL 108-283 Sec 2...... 144
Report......................... PL 108-283 Sec 4...... 146
Sense of Congress.............. PL 108-283 Sec 3...... 145
Ukraine
Russian and Ukrainian Business
Management Education
Appropriations authorization, PL 106-113 Sec 426.... 1467
2000 and 2001.
Authorization for training PL 106-113 Sec 423.... 1465
program and internships.
Definitions.................... PL 106-113 Sec 422.... 1465
Purpose........................ PL 106-113 Sec 421.... 1465
Restrictions................... PL 106-113 Sec 425.... 1467
Technical assistance........... PL 106-113 Sec 424.... 1466
Ukraine Famine, Commission on
Appropriations authorization, PL 101-246 Sec 404.... 477
1990.
Under Secretaries of State
Authority of..................... PL 84-885 Sec 1(b).... 9
Nomination of.................... PL 84-885 Sec 1(b).... 10
Public diplomacy................. PL 105-277 Sec 1313... 880
Under Secretaries of State--
Continued
Public diplomacy--Continued
PL 105-277 Sec 1313... 1706
UNESCO. See United Nations
Educational, Scientific and
Cultural Organization
UNICEF. See United Nations
Children's Fund
Union of Soviet Socialist
Republics. See Soviet Union
United Kingdom
Support for global war on PL 107-228 Sec 701(c). 207
terrorism.
United Nations
Adherence to charter, sense of PL 103-236 Sec 414.... 351
Congress.
Assessed payments, restrictions.. PL 98-164 Sec 113..... 595
Conference on Environment and
Development
Appropriations authorization, PL 102-138 Sec 101(c). 409
1992.
Support for, sense of Congress. PL 102-138 Sec 364.... 444
Conference on Science and PL 95-105 Sec 507..... 651
Technology for Development.
PL 95-426 Sec 103..... 627
Contributions, 2006.............. PL 109-108 Title IV... 674
Contributions appropriations PL 109-108 Sec 411.... 679
limitation, 2006.
Cooperation regarding members of PL 94-141 Sec 503..... 661
United States Armed Forces
missing in action in Southeast
Asia.
Decade for Women Conference, 1985 PL 98-164 Sec 118..... 599
Democracy and human rights PL 108-458 Sec 7111... 102
promotion.
Denial of visas to certain PL 101-246 Sec 407.... 479
representatives.
Development Program
Contribution limitations
1998 and 1999................ PL 105-277 Sec 2106... 284
2000 and 2001................ PL 106-113 Sec 108(c). 241
Withholding of United States PL 103-236 Sec 431(b). 353
contributions, 1994 and 1995.
Employee hiring freeze, probable PL 100-204 Sec 701.... 533
exemptions to.
Employees of, requirement to PL 99-93 Sec 151...... 581
return salaries to their
governments.
Enforcement of nonproliferation PL 103-236 Sec 530.... 373
treaties.
Enhanced support for peacekeeping PL 102-138 Sec 175.... 428
activities.
Failure to place Cuba on human PL 100-204 Sec 1211... 551
rights agenda.
Fund for Population Activities, PL 106-113 Sec 108(d). 242
contributions to, 2000 and 2001.
Global conferences, funding PL 106-113 Sec 106(d). 239
prohibition.
Headquarters renovation project
Funding limitations............ PL 109-108 Sec 412.... 679
PL 109-108 Title IV... 672
High Commissioner for Refugees
Audits of United States funds.. PL 87-510 Sec 8....... 1337
Standards for refugee women and PL 103-236 Sec 501.... 354
children.
Inspector General, withholding of PL 106-113 Sec 106(c). 238
funds.
Internal Oversight Services,
Office of
Authority of................... PL 103-236 Sec 401(b). 345
International Court of Justice, PL 101-246 Sec 411.... 480
enhanced role in resolution of
international disputes, sense of
Congress.
International organizations and PL 102-138 Sec 102.... 410
conferences, assessed
contributions.
International Peacekeeping Act of
1992
Peacekeeping activities........ PL 102-311 Sec 2...... 451
Israel and the Palestinians, PL 106-113 Sec 721.... 263
policy on.
United Nations--Continued
Limitation on United States PL 103-236 Sec 410.... 349
contributions.
Office of Inspector General
Certification.................. PL 103-236 Sec 401(b). 345
Definition..................... PL 103-236 Sec 401(d). 346
Specialized agencies, access to PL 103-236 Sec 401(c). 346
records and officials.
Withholding of assessed PL 103-236 Sec 401(a). 345
contributions, 1994 and 1995.
Palestine Liberation PL 101-246 Sec 414.... 482
Organization, membership in
agencies.
Palestinian Rights Units......... PL 95-426 Sec 614..... 643
Peacekeeping activities
Assessed contributions for PL 103-236 Sec 404.... 347
operations.
Contributions appropriations PL 109-108 Sec 409.... 679
limitation, 2006.
PL 109-108 Sec 413.... 680
PL 109-108 Title IV... 675
Defense Department funding, PL 103-236 Sec 403.... 346
sense of Senate.
Material donations to.......... PL 102-138 Sec 161.... 424
Sense of Congress.............. PL 107-228 Sec 689.... 201
Prohibition on funding other PL 107-228 Sec 113(c). 161
framework treaty-based
organizations.
Promotion of sound financial PL 107-228 Sec 404.... 183
practices.
Reform in budget decisionmaking PL 100-204 Sec 702.... 535
procedures.
PL 103-236 Sec 409.... 348
Reforming and restructuring...... PL 95-105 Sec 503..... 650
Refund of excess contributions... PL 107-228 Sec 113(e). 161
Register of Conventional Arms
Transparency in armaments PL 103-236 Sec 504.... 356
policy.
Relief and Works Agency for PL 101-246 Sec 415.... 482
Palestinian Refugees in the Near
East, sense of Congress.
Review of United States PL 98-164 Sec 116..... 598
participation in.
Secret ballot use................ PL 107-228 Sec 406.... 184
Security Council
Membership..................... PL 103-236 Sec 411.... 349
Stability of Turkey and Iraqi PL 103-236 Sec 507.... 357
Kurdistan, sense of Congress.
Sponsorship of Middle East peace PL 101-246 Sec 416.... 483
conference.
State Department efforts to place PL 107-228 Sec 409.... 185
United States citizens in
positions.
United Nations Interim Force in PL 100-204 Sec 708.... 536
Lebanon, protection of Tyre.
University Endowment Fund, PL 94-141 Sec 205..... 661
contribution to, 1977.
United States Commission on
Improving the Effectiveness of
the United Nations
Establishment of............... PL 100-204 Sec 721.... 537
Funding for.................... PL 100-204 Sec 727.... 539
Government Accountability PL 100-204 Sec 728.... 540
Office audits of.
Membership of.................. PL 100-204 Sec 723.... 537
Powers of...................... PL 100-204 Sec 724.... 538
Purposes of.................... PL 100-204 Sec 722.... 537
Report......................... PL 100-204 Sec 726.... 539
Staff.......................... PL 100-204 Sec 725.... 539
Termination of................. PL 100-204 Sec 729.... 540
United States membership on PL 107-228 Sec 408.... 184
Commission on Human Rights and
International Narcotics Control
Board.
United Nations--Continued
United States mission to, housing PL 102-138 Sec 174.... 427
benefits.
United States participation if PL 98-164 Sec 115..... 597
Israel is illegally expelled.
United States participation in PL 103-236 Sec 402.... 346
management of.
United States responsibilities PL 84-885 Sec 209A.... 79
for employees of.
Voluntary Fund for Victims of
Torture
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2104(b) 283
2000 and 2001................ PL 106-113 Sec 108(b). 240
Voting practices, annual report.. PL 101-246 Sec 406.... 477
War Crimes Commission files, PL 100-204 Sec 706.... 536
public access to.
World Assembly on Aging.......... PL 98-164 Sec 119..... 599
United Nations Children's Fund
Contributions to, 2000........... PL 106-113 Sec 108(b). 241
United Nations Educational,
Scientific and Cultural
Organization
Contributions to................. PL 94-350 Sec 103..... 656
Findings......................... PL 97-241 Sec 108..... 613
Membership of United States in, PL 107-228 Sec 407.... 184
sense of Congress.
Policy on........................ PL 101-246 Sec 408.... 479
Report........................... PL 102-138 Sec 170.... 427
Restriction on contributions to.. PL 93-475 Sec 8....... 662
PL 97-241 Sec 109..... 614
United States Advisory Commission
on Educational Exchange. See
Commission on Educational Exchange
United States Advisory Commission
on Information. See Commission on
Information
United States Advisory Commission
on International Communication,
Cultural and Educational Affairs
Establishment of RP 77-2 Sec 8......... 1548
United States Advisory Commission
on Public Diplomacy
Sunset of........................ PL 105-277 Sec 1334... 886
United States Arms Control and
Disarmament Agency. See Arms
Control and Disarmament Agency
United States Bilateral Science and
Technology Agreements
Appropriations authorization
1980 and 1981.................. PL 96-60 Sec 104...... 621
1982 and 1983.................. PL 97-241 Sec 110..... 615
1984 and 1985.................. PL 98-164 Sec 102..... 593
1986 and 1987.................. PL 99-93 Sec 101...... 570
1988 and 1989.................. PL 100-204 Sec 105.... 510
1990 and 1991.................. PL 101-246 Sec 105.... 460
1992 and 1993.................. PL 102-138 Sec 105.... 414
1994 and 1995.................. PL 103-236 Sec 105.... 330
United States-India Fund for PL 98-164............. 1644
Cultural, Educational, and
Scientific Cooperation Act
Allocation of rupees for EO 12517 Sec 2........ 1646
investment to generate earnings.
Establishment of the Fund........ PL 98-164 Sec 902..... 1644
Secretary of State functions..... EO 12517 Sec 1........ 1646
Use of United States owned rupees PL 98-164 Sec 903..... 1645
to capitalize Fund.
United States Information Agency.
See also International
Communication Agency
Abolition........................ PL 105-277 Sec 1301... 879
United States Information Agency--
Continued
Abolition--Continued
PL 105-277 Sec 1311... 879
PL 105-277 Sec 1311... 1706
PL 105-277 Sec 1312... 879
PL 105-277 Sec 1314... 880
PL 105-277 Sec 1326... 881
PL 105-277 Sec 1326... 1707
PL 105-277 Sec 1331... 884
PL 105-277 Sec 1333... 885
PL 105-277 Sec 1601... 892
Advisory Commission on Public PL 101-246 Sec 206(b). 1503
Diplomacy.
Afghanistan country plan......... PL 101-246 Sec 211.... 1504
Afghanistan programming.......... PL 100-204 Sec 206.... 1510
``America The Way I See It'' film PL 100-204 Sec 214.... 1511
distribution within the United
States.
Appropriations authorization
1977........................... PL 94-350 Sec 201..... 1539
1978........................... PL 95-105 Sec 201..... 1537
1982 and 1983.................. PL 97-241 Sec 302..... 1528
1984 and 1985.................. PL 98-164 Sec 202..... 1523
1986 and 1987.................. PL 99-93 Sec 201...... 1519
1988 and 1989.................. PL 100-204 Sec 201.... 1509
1990 and 1991.................. PL 101-246 Sec 201.... 1501
Au pair provisions
Programs extension............. PL 104-72 Sec 1....... 1543
Prohibition on use of funds.... PL 100-461 Sec 301(b). 1544
Sense of Congress.............. PL 100-461 Sec 301(a). 1544
Authority of Director
Authority under other statutes. EO 10477 Sec 3........ 1555
Determination.................. EO 10477 Sec 1........ 1555
Authorized number of employees, PL 103-236 Sec 121.... 331
1994 and 1995.
Caribbean region undergraduate
scholarship program
Appropriations authorization, PL 100-204 Sec 216.... 1512
1988 and 1989.
Claude and Mildred Pepper
Scholarship Program
Appropriations authorization, PL 102-138 Sec 210(b). 1629
1992 and 1993.
Grants......................... PL 102-138 Sec 210(b). 1629
Purpose........................ PL 102-138 Sec 210(a). 1629
Coordination of United States EO 13055.............. 1551
Government International
Exchanges and Training Programs.
Definitions.................... EO 13055 Sec 2........ 1551
Interagency Working Group...... EO 13055 Sec 1........ 1551
EO 13055 Sec 3........ 1551
EO 13055 Sec 4........ 1551
EO 13055 Sec 5........ 1552
EO 13055 Sec 6........ 1552
EO 13055 Sec 7........ 1552
EO 13055 Sec 8........ 1552
EO 13055 Sec 9........ 1552
Domestic activities ban.......... PL 99-93 Sec 208...... 1521
Fulbright-Hays Act administration EO 11034 Sec 2........ 1590
functions.
Government Accountability Office PL 101-246 Sec 212.... 1504
study of National Endowment for
Democracy.
Grants
Appropriations authorization, PL 102-138 Sec 212.... 1492
1992 and 1993.
Imported objects of cultural EO 12047.............. 1662
significance.
Informational media guaranties... PL 80-402 Sec 1011.... 1454
United States Information Agency--
Continued
Inspector General, Office of
Appropriations authorization, PL 99-399 Sec 412..... 1120
1987.
Internal auditors................ PL 98-164 Sec 204..... 1524
International Communication PL 97-241 Sec 303..... 1529
Agency redesignation.
International exchanges and PL 97-241 Sec 305..... 1529
national security.
International Youth Year......... PL 98-164 Sec 208..... 1526
J. William Fulbright Foreign PL 101-246 Sec 204.... 1503
Scholarship Board.
John Fitzgerald Kennedy Library PL 95-105 Sec 205..... 1538
use of films.
Kosovo, Cultural Center in
Establishment of............... PL 102-138 Sec 223(a). 1496
PL 102-138 Sec 223(a). 1630
Report......................... PL 102-138 Sec 223(b). 1496
PL 102-138 Sec 223(b). 1630
Limitation on use of funds....... PL 105-277 Sec 1333(c) 885
Lobbying with United States funds PL 98-164 Sec 209..... 1526
by grantee organizations
prohibition.
``Long Journey Home'' film PL 101-246 Sec 203.... 1502
distribution.
Narcotics and other controlled PL 101-246 Sec 210.... 1503
substances, information
concerning programs to combat.
National Endowment for Democracy
Appropriations authorization, PL 100-204 Sec 210.... 1511
1988 and 1989.
Official receptions and
entertainment expenses
Appropriations authorization, PL 98-164 Sec 210..... 1527
1984 and 1985.
Participation of disadvantaged PL 101-246 Sec 126.... 461
enterprises in foreign relations
activities.
Performance pay, senior positions PL 103-236 Sec 173(c). 340
Personnel transfer, appointment PL 105-277 Sec 1613... 896
and assignment.
Photograph availability for PL 100-204 Sec 215.... 1512
distribution within the United
States by DOD.
Private sector program
Appropriations authorization, PL 98-164 Sec 207..... 1525
1984 and 1985.
Private sector funding for..... PL 99-93 Sec 209...... 1521
Public diplomacy, report......... PL 105-277 Sec 1333(d) 886
Public programming materials PL 101-246 Sec 213.... 1504
acquisition and use.
Satellite and television......... PL 80-402 Sec 505..... 1438
Savings provisions............... PL 105-277 Sec 1327... 882
PL 105-277 Sec 1327... 1709
Scholarships for Tibetan PL 100-204 Sec 1243(e) 561
students, 1988 and 1989.
State Department/USIA PL 93-475............. 662
Authorization Act, FY 1975.
Summer travel and work programs, PL 105-277 Sec 2418... 1471
authority to administer.
Transfer authority............... PL 94-350 Sec 202..... 1539
PL 95-105 Sec 202..... 1537
Transfer of functions............ RP 53-8 Sec 2......... 1545
United States-German teenage
exchange
Appropriations authorization, PL 98-164 Sec 211..... 1527
1984 and 1985.
United States participation in PL 98-164 Sec 212..... 1527
Tsukuba, Japan Exposition 1985.
Worldnet Program
Audience survey................ PL 100-204 Sec 209.... 1510
Funding limitation............. PL 100-204 Sec 208.... 1510
United States Information Agency
Authorization, FY 1977
Appropriations authorization..... PL 94-350 Sec 201..... 1539
Transfer authority............... PL 94-350 Sec 202..... 1539
United States Information Agency PL 95-105............. 1537
Authorization, FY 1978.
Appropriations authorization..... PL 95-105 Sec 201..... 1537
John Fitzgerald Kennedy Library PL 95-105 Sec 205..... 1538
use of films.
Transfer authority............... PL 95-105 Sec 202..... 1537
United States Information Agency PL 99-93.............. 1519
Authorization, FY 1986 and 1987.
Educational and cultural PL 99-93 Sec 204...... 1520
exchanges funds.
International games for the PL 99-93 Sec 207...... 1520
handicapped.
Pan American Games
Funds for exchange activities.. PL 99-93 Sec 206...... 1520
United States Information Agency
Appropriations authorization... PL 99-93 Sec 201...... 1519
Domestic activities ban........ PL 99-93 Sec 208...... 1521
Private sector funding for PL 99-93 Sec 209...... 1521
private sector program.
Voice of America
Modernization.................. PL 99-93 Sec 202...... 1520
Worldwide book program initiative PL 99-93 Sec 205...... 1520
United States Information Agency PL 100-204............ 1509
Authorization, FY 1988 and 1989.
Educational and cultural affairs
Appropriations authorization... PL 100-204 Sec 301.... 1513
Cultural Property Advisory PL 100-204 Sec 307.... 1515
Committee.
Edward Zorinsky Memorial PL 100-204 Sec 306.... 1514
Library.
Philippines constitutional PL 100-204 Sec 304.... 1514
democracy professorship.
Samantha Smith Memorial PL 100-204 Sec 302.... 1514
Exchange Program.
United States Information Agency
Afghanistan programming........ PL 100-204 Sec 206.... 1510
``America The Way I See It'' PL 100-204 Sec 214.... 1511
film distribution.
Appropriations authorization... PL 100-204 Sec 201.... 1509
National Endowment for PL 100-204 Sec 210.... 1511
Democracy.
Photograph availability for PL 100-204 Sec 215.... 1512
distribution by DOD.
Undergraduate scholarship PL 100-204 Sec 216.... 1512
program.
Worldnet funding limitation.... PL 100-204 Sec 208.... 1510
Worldnet Program audience PL 100-204 Sec 209.... 1510
survey.
Voice of America
Appropriations authorization... PL 100-204 Sec 401.... 1515
Contractor requirements........ PL 100-204 Sec 403.... 1516
United States Information Agency PL 101-246............ 1501
Authorization, FY 1990 and 1991
Bureau of Educational and
Cultural Affairs
Appropriations, authorization.. PL 101-246 Sec 221.... 1505
Citizen exchanges.............. PL 101-246 Sec 222.... 1505
Humphrey Fellowship Program, PL 101-246 Sec 226.... 1506
sense of Congress.
Scholarships for Tibetans and PL 101-246 Sec 225.... 1506
Burmese.
Narcotics and other controlled PL 101-246 Sec 210.... 1503
substances, information
concerning programs to combat.
National Endowment for Democracy
Government Accountability PL 101-246 Sec 212.... 1504
Office study.
United States Information Agency
Authorization, FY 1990 and 1991--
Continued
United States Information Agency
Advisory Commission on Public PL 101-246 Sec 206(b). 1503
Diplomacy.
Afghanistan country plan....... PL 101-246 Sec 211.... 1504
Appropriations authorization... PL 101-246 Sec 201.... 1501
J. William Fulbright Foreign PL 101-246 Sec 204.... 1503
Scholarship Board.
``Long Journey Home'' film PL 101-246 Sec 203.... 1502
distribution.
Public programming materials PL 101-246 Sec 213.... 1504
acquisition and use.
Voice of America
Appropriations authorization... PL 101-246 Sec 231.... 1506
Child survival promotion public PL 101-246 Sec 233.... 1507
service announcements.
Continuing contract authority PL 101-246 Sec 235.... 1508
for radio facilities.
Equipment abroad, sense of PL 101-246 Sec 237.... 1508
Congress.
People's Republic of China PL 101-246 Sec 236.... 1508
broadcasts.
Tibet, broadcasts to........... PL 101-246 Sec 234.... 1507
United States Information Agency PL 102-138............ 1489
Authorization, FY 1992 and 1993
Bureau of Educational and
Cultural Affairs
Appropriations authorization... PL 102-138 Sec 221.... 1494
PL 102-138 Sec 221.... 1630
Cultural Center in Kosovo...... PL 102-138 Sec 223.... 1496
PL 102-138 Sec 223.... 1630
Enhanced educational exchange PL 102-138 Sec 226.... 1496
program.
PL 102-138 Sec 226.... 1630
Fulbright Exchange Programs PL 102-138 Sec 222.... 1495
enhancement.
Law and business graduate PL 102-138 Sec 227.... 1497
training program.
PL 102-138 Sec 227.... 1631
Near and Middle East research PL 102-138 Sec 228.... 1499
and training.
Vietnam, scholarships for PL 102-138 Sec 229.... 1499
students.
Claude and Mildred Pepper PL 102-138 Sec 210.... 1491
Scholarship Program.
Grants........................... PL 102-138 Sec 212.... 1492
Informational, educational, and PL 102-138 Sec 201.... 1489
cultural programs.
Israeli Arab Scholarship Program. PL 102-138 Sec 214.... 1493
Laos, establishment of office in PL 102-138 Sec 216.... 1494
Vientiane.
National Endowment for Democracy, PL 102-138 Sec 211.... 1491
program review.
Photographic works of Richard PL 102-138 Sec 213.... 1493
Saunders, distribution within
the United States.
United States Information Agency PL 103-236............ 1476
Authorization, FY 1994 and 1995.
Africa, increasing participation PL 103-236 Sec 239.... 1482
in exchange programs.
American studies collections..... PL 103-236 Sec 235.... 1480
Appropriations authorization..... PL 103-236 Sec 201.... 1476
Cambodia, scholarship and PL 103-236 Sec 238.... 1482
exchange programs.
Coordination of United States PL 103-236 Sec 229.... 1479
exchange programs.
Disability related matters, PL 103-236 Sec 242.... 1483
international exchange programs
involving.
United States Information Agency
Authorization, FY 1994 and 1995--
Continued
Distribution of materials within PL 103-236 Sec 234.... 1480
the United States.
East Timor, scholarships for PL 103-236 Sec 237.... 1481
students.
Employment authority............. PL 103-236 Sec 223.... 1479
Environment and sustainable PL 103-236 Sec 240.... 1482
development exchange program.
Mike Mansfield Fellowships
Definitions.................... PL 103-236 Sec 257.... 1488
Establishment of program....... PL 103-236 Sec 252.... 1484
Liability for repayments....... PL 103-236 Sec 256.... 1488
Mansfield Fellows on detail PL 103-236 Sec 255.... 1487
from Government service.
Program requirements........... PL 103-236 Sec 253.... 1484
Separation of government PL 103-236 Sec 254.... 1487
personnel during fellowships.
South Pacific exchange program... PL 103-236 Sec 241.... 1483
Tibet
Educational and cultural PL 103-236 Sec 236.... 1481
exchanges.
Office in Lhasa................ PL 103-236 Sec 221.... 1478
United States Information Agency PL 97-241............. 1528
Authorization Act, FY 1982 and
1983.
United States Information Agency
Appropriations authorization... PL 97-241 Sec 302..... 1528
International Communication PL 97-241 Sec 303..... 1529
Agency redesignation.
International exchanges and PL 97-241 Sec 305..... 1529
national security.
United States Information Agency PL 98-164............. 1523
Authorization Act, FY 1984 and
1985.
Educational and cultural PL 98-164 Sec 206..... 1525
exchanges.
National Endowment for Democracy. PL 98-164 Sec 205..... 1524
United States Information Agency
Appropriations authorization... PL 98-164 Sec 202..... 1523
Internal auditors.............. PL 98-164 Sec 204..... 1524
International Youth Year....... PL 98-164 Sec 208..... 1526
Lobbying with United States PL 98-164 Sec 209..... 1526
funds by grantee organizations.
Official receptions and PL 98-164 Sec 210..... 1527
entertainment expenses.
Private sector program......... PL 98-164 Sec 207..... 1525
United States-German teenage PL 98-164 Sec 211..... 1527
exchange.
United States participation in PL 98-164 Sec 212..... 1527
Tsukuba, Japan Exposition 1985.
Voice of America
Facilities and operations PL 98-164 Sec 203..... 1524
improvement.
United States Information and PL 80-402............. 1429
Educational Exchange Act of 1948.
Acceptance of office under PL 80-402 Sec 303..... 1433
another government.
Advisory commissions to formulate PL 80-402 Title VI.... 1440
policies
Advisory Commission on Public PL 80-402 Sec 604..... 1442
Diplomacy.
Creation of.................... PL 80-402 Sec 601..... 1440
Membership of.................. PL 80-402 Sec 602..... 1441
Recommendations................ PL 80-402 Sec 603..... 1441
Reports........................ PL 80-402 Sec 603..... 1441
Authority delegation............. PL 80-402 Sec 1002.... 1453
Books and materials.............. PL 80-402 Sec 202..... 1431
Definitions...................... PL 80-402 Sec 4....... 1430
Funds provided by other sources
Advance of..................... PL 80-402 Sec 902..... 1452
United States Information and
Educational Exchange Act of 1948--
Continued
Funds provided by other sources--
Continued
Reimbursement.................. PL 80-402 Sec 901..... 1452
Funds transfer................... PL 80-402 Sec 702..... 1444
Government agencies
Authority...................... PL 80-402 Sec 401..... 1433
PL 80-402 Sec 802..... 1446
PL 80-402 Sec 804..... 1448
Disability or death PL 80-402 Sec 809..... 1451
compensation.
English-teaching program fees.. PL 80-402 Sec 810..... 1451
Maximum use of existing PL 80-402 Sec 803..... 1448
Government property and
facilities.
Passenger motor vehicles, PL 80-402 Sec 806..... 1450
replacement of.
Public diplomacy posts and PL 80-402 Sec 812..... 1452
personnel overseas.
Travel expenses................ PL 80-402 Sec 805..... 1450
Information about the United
States, disseminating abroad
Authorization.................. PL 80-402 Sec 501..... 1435
Policies governing activities.. PL 80-402 Sec 502..... 1437
USIA satellite and television.. PL 80-402 Sec 505..... 1438
Voice of America/Europe........ PL 80-402 Sec 504..... 1438
Voice of America hiring PL 80-402 Sec 506..... 1439
practices.
Informational media guaranties... PL 80-402 Sec 1011.... 1454
Institutions, assistance to...... PL 80-402 Sec 203..... 1431
National security measures....... PL 80-402 Sec 1012.... 1456
Objectives....................... PL 80-402 Sec 2....... 1430
Policy governing services........ PL 80-402 Sec 403..... 1434
Private agencies utilization..... PL 80-402 Sec 1005.... 1453
Radio Free Europe and Radio PL 80-402 Sec 703..... 1444
Liberty, authorization for
grants.
Repeal of Act of May 25, 1938.... PL 80-402 Sec 1004.... 1453
Restricted information........... PL 80-402 Sec 1003.... 1453
Secretary of State authority..... PL 80-402 Sec 801..... 1445
Separability of provisions....... PL 80-402 Sec 1010.... 1454
Specialists, assignment of....... PL 80-402 Sec 301..... 1432
Status and allowances for PL 80-402 Sec 302..... 1432
specialists.
Technical and other services..... PL 80-402 Sec 402..... 1434
Termination pursuant to PL 80-402 Sec 1006.... 1454
concurrent resolution of
Congress.
United Nations, United States PL 80-402 Sec 3....... 1430
participation.
Veterans' Preference Act PL 80-402 Sec 1007.... 1454
provisions.
United States Informational, PL 109-108 Title IV... 1541
Educational, and Cultural Programs
Appropriations, 2006.
United States Institute of Peace
Appropriation authorization...... PL 95-561 Sec 1518.... 1019
Board of Directors............... PL 98-525 Sec 1706.... 1010
PL 99-93 Sec 802...... 583
Commission on Proposals for the
National Academy of Peace and
Conflict Resolution
Appropriation authorization.... PL 95-561 Sec 1518.... 1019
Definitions.................... PL 95-561 Sec 1519.... 1019
Directors of................... PL 95-561 Sec 1514.... 1018
Duties of...................... PL 95-561 Sec 1512.... 1017
Establishment of............... PL 95-561 Sec 1511.... 1017
Membership of.................. PL 95-561 Sec 1513.... 1017
Powers of...................... PL 95-561 Sec 1515.... 1018
Reports........................ PL 95-561 Sec 1516.... 1019
Staff of....................... PL 95-561 Sec 1514.... 1018
Termination of................. PL 95-561 Sec 1517.... 1019
Definitions...................... PL 95-561 Sec 1519.... 1019
Directors of..................... PL 95-561 Sec 1514.... 1018
United States Institute of Peace--
Continued
Dissolution or liquidation of.... PL 98-525 Sec 1711.... 1016
Duties of........................ PL 95-561 Sec 1512.... 1017
Employees of..................... PL 98-525 Sec 1707.... 1012
Establishment of................. PL 98-525 Sec 1704.... 1005
PL 95-561 Sec 1511.... 1017
Funding
Appropriations authorization, PL 98-525 Sec 1710.... 1015
1999.
Hearings requirements............ PL 98-525 Sec 1712.... 1016
Independence and limitations..... PL 98-525 Sec 1709.... 1015
Membership of.................... PL 95-561 Sec 1513.... 1017
Officers of...................... PL 98-525 Sec 1707.... 1012
Operating expenses
Appropriations authorization, PL 109-108 Title V.... 682
2006.
Powers and duties of............. PL 98-525 Sec 1705.... 1005
Powers of........................ PL 95-561 Sec 1515.... 1018
Procedures....................... PL 98-525 Sec 1708.... 1014
Reporting requirement............ PL 98-525 Sec 1712.... 1016
Reports.......................... PL 98-525 Sec 1708(h). 1014
PL 95-561 Sec 1516.... 1019
Staff of......................... PL 95-561 Sec 1514.... 1018
Termination of................... PL 95-561 Sec 1517.... 1019
United States Institute of Peace PL 98-525............. 1003
Act.
Definitions.................... PL 98-525 Sec 1703.... 1004
Findings....................... PL 98-525 Sec 1702.... 1003
United States International PL 103-236............ 1684
Broadcasting Act of 1994.
American jobs preservation....... PL 103-236 Sec 311.... 1698
Appropriations authorization PL 103-236 Sec 313.... 1699
requirements.
Authorities of Board............. PL 103-236 Sec 305.... 1688
Broadcasting Board of Governors PL 103-236 Sec 304.... 1686
establishment.
Definitions...................... PL 103-236 Sec 314.... 1700
Findings and declaration of PL 103-236 Sec 302.... 1684
purposes.
International Broadcasting Bureau PL 103-236 Sec 307.... 1692
Radio Free Asia.................. PL 103-236 Sec 309.... 1696
Radio Free Europe and Radio PL 103-236 Sec 312.... 1699
Liberty broadcasts continuing
mission, sense of Congress.
Radio Free Europe and Radio PL 103-236 Sec 308.... 1692
Liberty grant limits.
Secretary of State role.......... PL 103-236 Sec 306.... 1691
Standards and principles......... PL 103-236 Sec 303.... 1685
Technical and conforming PL 103-236 Sec 315.... 1700
amendments.
United States International
Development Cooperation Agency.
See International Development
Cooperation Agency
United States-Macau Policy Act of PL 106-570............ 214
2000
Continued application of United PL 106-570 Sec 203.... 215
States law.
Definitions...................... PL 106-570 Sec 205.... 216
Findings and declarations........ PL 106-570 Sec 202.... 214
PL 106-570 Title II... 214
Reporting requirement............ PL 106-570 Sec 204.... 216
Sense of Congress................ PL 106-570 Sec 202.... 214
United States Mission to the PL 101-246 Sec 1002... 500
European Community.
United States Recognition and
Participation in International
Expositions
Federal recognition.............. PL 91-269 Sec 2....... 1680
United States Scholarship Program PL 99-93.............. 1608
for Developing Countries
Authorization, FY 1986 and 1987.
Authority to enter into PL 99-93 Sec 605...... 1611
agreements.
Board of Foreign Scholarships.... PL 99-93 Sec 608...... 1612
Congressional Budget Act PL 99-93 Sec 615...... 1614
compliance.
Counseling services.............. PL 99-93 Sec 607...... 1612
United States Scholarship Program
for Developing Countries
Authorization, FY 1986 and 1987--
Continued
Findings and declarations of PL 99-93 Sec 602...... 1608
policy.
Funding.......................... PL 99-93 Sec 612...... 1613
General authorities.............. PL 99-93 Sec 609...... 1612
Guidelines....................... PL 99-93 Sec 604...... 1610
International educational PL 99-93 Sec 606...... 1611
programs policy.
Latin American exchanges......... PL 99-93 Sec 613...... 1613
Scholarship program authority.... PL 99-93 Sec 603...... 1609
Statement of purpose............. PL 99-93 Sec 601...... 1608
Textbooks and teaching materials. PL 99-93 Sec 610...... 1613
Training programs in Hispanic PL 99-93 Sec 614...... 1614
populations.
United States Telecommunications
Training Institute
Support of activities............ PL 99-399 Sec 1307.... 1145
United States Treaties and Other
International Agreements
Admissibility in evidence........ USC Sec 112a.......... 984
Case-Zablocki Act
Coordination and reporting of 22 CFR Part 181 Sec 988
international agreements. 181.1.
Enforcement of requirements.... PL 100-204 Sec 139.... 516
Contents......................... USC Sec 112a.......... 984
Uniting and Strengthening America
by Providing Appropriate Tools
Required to Intercept and Obstruct
Terrorism. See USA PATRIOT ACT
Universal Postal Union............. PL 101-524 Sec 407.... 900
Unobligated funds
Quarterly accounting of.......... PL 109-108 Sec 608.... 683
United States Representative to the PL 84-885 Sec 17...... 25
Organization of American States,
living quarters expense funding.
United States Senate Caucus on PL 99-93 Sec 814...... 589
International Narcotics Control
United States Treaties and Other
International Agreements
Admissibility in evidence........ USC Sec 112a.......... 984
Transmission to Congress......... USC Sec 112b.......... 985
US-VISIT program
Biometric entry and exit data PL 108-458 Sec 7207(c) 124
system.
USA PATRIOT ACT.................... PL 107-56............. 1082
Biometric system, feasibility PL 107-56 Sec 1008.... 1098
study on use of.
Consulate shopping prevention.... PL 107-56 Sec 418..... 1097
Counterterrorism fund............ PL 107-56 Sec 101..... 1082
Criminal history records access.. PL 107-56 Sec 403..... 1093
Criminal investigative PL 107-56 Sec 203..... 1083
information, authority to share.
FBI Technical Support Center
Increased funding for.......... PL 107-56 Sec 103..... 1083
Foreign student monitoring PL 107-56 Sec 416..... 1096
program.
Integrated Automated Fingerprint PL 107-56 Sec 405..... 1095
Identification System, report.
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001
Anti-terrorist forfeiture PL 107-56 Sec 316..... 1091
protection.
Cooperative efforts to deter PL 107-56 Sec 314..... 1089
money laundering.
Findings and purposes.......... PL 107-56 Sec 301..... 1086
International cooperation in PL 107-56 Sec 330..... 1092
investigations.
Use of authority of United PL 107-56 Sec 360..... 1093
States executive directors.
USA PATRIOT ACT--Continued
International Money Laundering
Abatement and Financial Anti-
Terrorism Act of 2001--Continued
Wire transfers, cooperation on PL 107-56 Sec 328..... 1091
identification of originators.
Machine readable passports....... PL 107-56 Sec 417..... 1097
National electronic crime task PL 107-56 Sec 105..... 1083
force initiative, expansion of.
Severability..................... PL 107-56 Sec 2....... 1082
Sunset........................... PL 107-56 Sec 224..... 1085
Trade sanctions.................. PL 107-56 Sec 221..... 1085
Visa integrity and security, PL 107-56 Sec 414..... 1095
sense of Congress.
USIA. See United States Information
Agency
V
Variola virus
Control of....................... 18 USC Sec 175c....... 1183
Vatican
Diplomatic relations with........ PL 98-164 Sec 134..... 601
Vehicles
Use at overseas posts............ PL 84-885 Sec 28...... 31
Veterans
Foreign Service appointments..... PL 96-465 Sec 301(c).. 724
Recruitment into Foreign Service. PL 107-228 Sec 323.... 180
Veterans Affairs, Department of
Educational assistance for PL 99-399 Sec 806..... 1137
members of uniformed services
held as captives and their
dependents.
Veterans' Preference Act
United States Information and PL 80-402 Sec 1007.... 1454
Educational Exchange Act of 1948
provisions.
Victims of Terrorism Compensation
Act
Alien employees, retention of PL 99-399 Sec 804..... 1131
leave following injury from
hostile action abroad.
Benefits for captives and other PL 99-399 Sec 803..... 1126
victims of hostile action.
Compensation for disability or PL 99-399 Sec 803..... 1130
death.
Educational assistance for PL 99-399 Sec 806..... 1135
members of uniformed services
held as captives and their
dependents.
Members of uniformed services
held as captives
Benefits for................... PL 99-399 Sec 806..... 1131
Disability and death PL 99-399 Sec 806..... 1133
compensation for dependents.
Medical care for members and PL 99-399 Sec 806..... 1134
their dependents.
Payment of compensation for PL 99-399 Sec 806..... 1137
victims.
Payment to individuals held PL 99-399 Sec 802..... 1126
in captive status
between 11/4/1979 and 1/21/
1981.
Regulations...................... PL 99-399 Sec 807..... 1137
Transition provisions............ PL 99-399 Sec 805..... 1131
Victims of torture. See also
Torture
Involuntary return of persons in PL 105-277 Sec 2242... 296
danger of subjection to torture,
United States policy.
Torture Victims Protection Act of
1991
Definitions.................... PL 102-256 Sec 3...... 1177
Establishment of civil action.. PL 102-256 Sec 2...... 1177
Victims of torture--Continued
Voluntary fund for
Appropriations authorization
1998 and 1999................ PL 105-277 Sec 2104(b) 283
2000 and 2001................ PL 106-113 Sec 108(b). 240
Victims of Trafficking and Violence
Protection Act of 2000
Payment of certain anti-terrorism PL 106-386 Sec 2002... 1148
judgments.
Vietnam
Adjustment of status for parolees
Appropriations authorization... PL 101-167............ 1418
Date of approval............... PL 101-167 Sec 599E(d) 1420
Eligibility.................... PL 101-167 Sec 599E(b) 1419
General provisions............. PL 101-167 Sec 599E(a) 1419
No offset in number of visas PL 101-167 Sec 599E(e) 1420
available.
Waiver of certain grounds for PL 101-167 Sec 599E(c) 1420
inadmissibility.
Amerasian children............... PL 100-204 Sec 905.... 546
Fulbright Academic Exchange
Programs
Appropriations authorization, PL 105-227 Sec 2401... 1469
1998 and 1999.
Funding restrictions............. PL 105-277 Sec 609.... 698
Indochina refugees, status
adjustment
Applicability of Immigration PL 95-145 Sec 107..... 1413
and Nationality Act provisions.
General provisions............. PL 95-145 Sec 101..... 1412
Ineligibility.................. PL 95-145 Sec 105..... 1413
No offset of number of visas PL 95-145 Sec 106..... 1413
available.
Permanent residence PL 95-145 Sec 102..... 1412
establishment date.
PL 95-145 Sec 103..... 1412
Spouse and children............ PL 95-145 Sec 104..... 1413
Indochinese refugee resettlement. PL 100-204 Sec 904.... 544
Indochinese Refugee Resettlement PL 100-202............ 1407
and Protection Act of 1987.
Allocations of refugee PL 100-202 Sec 802(c). 1409
admissions.
Appropriations authorization... PL 100-202 Sec 101.... 1407
Findings....................... PL 100-202 Sec 804.... 1410
PL 100-202 Sec 802(a). 1407
International solutions to PL 100-202 Sec 802(d). 1409
refugee problems.
Recommendations................ PL 100-202 Sec 802(b). 1408
Reporting requirement.......... PL 100-202 Sec 803.... 1410
POW/MIA
Report......................... PL 103-236 Sec 522.... 366
Sense of Congress.............. PL 102-138 Sec 354.... 440
Sense of Senate................ PL 103-236 Sec 521.... 366
Prohibition on aid or reparations PL 95-426 Sec 705..... 644
to.
Refugee status eligibility....... PL 106-113 Sec 255.... 253
Refugees in Thailand............. PL 99-93 Sec 809...... 586
Relations with, report........... PL 105-277 Sec 2805... 308
Reparations to................... PL 95-105 Sec 505..... 651
Right of self-determination for PL 100-204 Sec 1244... 562
Cambodian people.
Scholarship program
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
PL 102-138 Sec 229.... 1499
United States-Vietnam human PL 107-228 Sec 702.... 208
rights dialogue meetings, annual
reports.
Vietnam Fulbright Academic
Exchange Program.
Appropriations authorization
2003......................... PL 107-228 Sec 112.... 158
2000 and 2001................ PL 106-113 Sec 104.... 236
Vietnam--Continued
Vietnam War POW/MIA asylum PL 106-484 Sec 2...... 1369
program.
Vietnam Education Foundation Act of PL 106-554............ 1595
2000
Administrative provisions........ PL 106-554 Sec 209.... 1600
Board of Directors............... PL 106-554 Sec 205.... 1596
Definitions...................... PL 106-554 Sec 203.... 1595
Establishment of Foundation...... PL 106-554 Sec 204.... 1596
Fellowship program............... PL 106-554 Sec 206.... 1597
Personnel matters................ PL 106-554 Sec 208.... 1599
Purposes......................... PL 106-554 Sec 202.... 1595
Termination...................... PL 106-554 Sec 210.... 1601
Vietnam Debt Repayment Fund...... PL 106-554 Sec 207.... 1599
Visas. See also Aliens; Enhanced
Border Security and Visa Entry
Reform Act of 2002; Immigration
Application
Confidential nature of records. PL 82-414 Sec 222(f).. 1362
Documentary evidence for....... PL 82-414 Sec 222(d).. 1362
Elimination of consulate PL 82-414 Sec 222(g).. 1362
shopping for visa overstays.
Immigrant visas................ PL 82-414 Sec 222(a).. 1361
Nonimmigrant visas............. PL 82-414 Sec 222(c).. 1361
Processing..................... PL 106-113 Sec 237.... 251
PL 107-228 Sec 233.... 171
Requirements................... PL 82-414 Sec 222(h).. 1363
Signing and verification of.... PL 82-414 Sec 222(e).. 1362
Automated lookout system......... PL 103-236 Sec 140(b). 336
Biometric entry and exit data PL 108-458 Sec 7208... 123
system.
Consular officer training........ PL 107-173 Sec 305.... 1073
Criminal history records access.. PL 107-56 Sec 403..... 1093
Denial of
Certain United Nations PL 101-246 Sec 407.... 479
representatives.
Confiscators of American PL 105-277 Sec 2225... 293
property.
Drug traffickers, information- PL 100-204 Sec 804.... 542
sharing system.
Nationals engaged in coerced PL 107-228 Sec 232.... 171
organ transplantation.
PL 84-885 Sec 51...... 59
Fingerprint checks............... PL 103-236 Sec 140(e). 337
PL 103-236 Sec 140(g). 337
Foreign student monitoring PL 107-173 Sec 501.... 1077
program.
Fraud and misuse................. 18 USC 1546........... 1259
Funding restrictions related to PL 105-277 Sec 616.... 699
persons involved in political
killings.
Identification documents for PL 107-173 Sec 309.... 1075
newly admitted aliens.
Integrated entry and exit data
system
Implementation of.............. PL 107-173 Sec 302.... 1070
Sense of Congress.............. PL 107-56 Sec 414..... 1095
International agreements to PL 99-399 Sec 702..... 1125
combat terrorism.
Interstate Identification Index PL 103-236 Sec 140(d). 336
access.
PL 103-236 Sec 140(g). 337
Irish Peace Process Cultural and
Training Program Act
Temporary nonimmigrant visa.... PL 105-319 Sec 2(b)... 1377
Issuance of
Immigrants and nonimmigrants... PL 82-414 Sec 221(a).. 1358
Period of validity............. PL 82-414 Sec 221(c).. 1358
Physical examination........... PL 82-414 Sec 221(d).. 1359
Registration and photographs... PL 82-414 Sec 221(b).. 1358
Surrender of documents......... PL 82-414 Sec 221(f).. 1359
Waiver of requirements......... PL 82-414 Sec 221(b).. 1358
Limitation on use of foreign PL 108-458 Sec 7203(b) 119
nationals for screening.
Lookout systems.................. PL 102-138 Sec 128.... 417
Visas--Continued
Machine-readable
Fees........................... PL 107-173 Sec 103.... 1065
Machine-readable, tamper- PL 107-173 Sec 303.... 1071
resistant entry and exit
documents.
Machine readable combined border PL 105-277 Sec 410.... 696
crossing card and nonimmigrant
visa.
Non-issuance of.................. PL 82-414 Sec 221(g).. 1360
Nonadmission upon arrival........ PL 82-414 Sec 221(h).. 1360
Officials of Taiwan.............. PL 103-416 Sec 221.... 1403
Participants in United States PL 108-458 Sec 7120(b) 112
programs, report.
Processing for admission to the PL 103-236 Sec 140(c). 336
United States.
Processing surcharge............. PL 103-236 Sec 140(a). 335
Reports.......................... PL 103-236 Sec 140(f). 337
Restriction for nonimmigrants PL 107-173 Sec 306.... 1074
from state sponsors of
international terrorism.
Retention of nonimmigrant PL 107-173 Sec 606.... 1081
applications.
Revocation of.................... PL 82-414 Sec 221(i).. 1360
Security program, Department of PL 108-458 Sec 7218... 135
State.
Sharing of information concerning PL 99-93 Sec 132...... 576
drug traffickers.
Surcharges for enhanced border PL 108-447 Title IV... 691
security.
Surrender of..................... PL 82-414 Sec 221(e).. 1359
Terrorist lookout committees..... PL 107-173 Sec 304.... 1072
Transit without visa program..... PL 108-458 Sec 7209(d) 130
Waiver program
Authority...................... PL 82-414 Sec 217(d).. 1351
Carrier agreements............. PL 82-414 Sec 217(e).. 1351
Certification regarding PL 108-458 Sec 7207... 123
technology for.
Denial of dispute.............. PL 82-414 Sec 217(g).. 1353
Designation of countries....... PL 107-173 Sec 307.... 1074
Designation of program PL 82-414 Sec 217(c).. 1346
countries.
Duration and termination of PL 82-414 Sec 217(f).. 1352
designation.
Emergency termination.......... PL 82-414 Sec 217(c).. 1349
Establishment of............... PL 82-414 Sec 217(a).. 1344
Information technology systems. PL 82-414 Sec 217(h).. 1353
Waiver of rights............... PL 82-414 Sec 217(b).. 1346
Voice of America
Activities....................... PL 105-277 Sec 2420... 1712
Appropriations authorization
1988 and 1989.................. PL 100-204 Sec 401.... 1515
1990 and 1991.................. PL 101-246 Sec 231.... 1506
1998 and 1999.................. PL 105-277 Sec 2420... 1472
Broadcasts in Kurdish............ PL 102-138 Sec 234.... 1716
Child survival promotion public PL 101-246 Sec 233.... 1507
service announcements.
China, broadcasting to
Appropriations authorization, PL 105-261 Sec 3902... 1735
1998.
Contractor requirements.......... PL 100-204 Sec 403.... 1516
Cuba, television broadcasting PL 101-246 Sec 243(b). 1739
standards.
Equipment abroad, sense of PL 101-246 Sec 237.... 1508
Congress.
Facilities and operations
improvement
Appropriations authorization, PL 98-164 Sec 203..... 1524
1984 and 1985.
Functions........................ PL 105-277 Sec 2420(a) 1472
Hiring practices................. PL 80-402 Sec 506..... 1439
Information about the United PL 80-402 Sec 504..... 1438
States, disseminating abroad.
Modernization.................... PL 99-93 Sec 202...... 1520
People's Republic of China PL 101-246 Sec 236.... 1508
broadcasts.
Report........................... PL 105-277 Sec 2420(b) 1472
Soviet broadcast jamming, sense PL 98-164 Sec 308..... 1727
of Congress.
Voice of America--Continued
Soviet religious persecution PL 98-164 Sec 306..... 1726
broadcast policy.
State defined.................... PL 105-277 Sec 2420(c) 1472
Tibet, broadcasts to............. PL 101-246 Sec 234.... 1507
VOA Europe
Appropriations authorization, PL 101-246 Sec 231.... 1507
1990 and 1991.
Information about the United PL 80-402 Sec 504..... 1438
States, disseminating abroad.
Yugoslavian programming.......... PL 102-138 Sec 233.... 1716
W
War crimes
Circumstances of................. 18 USC Sec 2341(b).... 1053
Definitions...................... 18 USC Sec 2341(c).... 1053
Offense of....................... 18 USC Sec 2341(a).... 1053
United Nations War Crimes PL 100-204 Sec 706.... 536
Commission files, public access
to.
Water commission. See International
Boundary and Water Commission
Water resources
Bangladesh
Arsenic contamination in PL 107-228 Sec 700.... 206
drinking water.
Clean Water for the Americas
Partnership Act of 2002
Appropriations authorization... PL 107-228 Sec 649.... 194
Clean Water Technical Support PL 107-228 Sec 648.... 193
Committee.
Definitions.................... PL 107-228 Sec 642.... 191
Environmental assessment....... PL 107-228 Sec 644.... 192
Establishment of program....... PL 107-228 Sec 643.... 192
Grants for prefeasibility PL 107-228 Sec 647.... 193
studies.
Promotion of water quality, PL 107-228 Sec 646.... 193
water treatment systems, and
energy efficiency.
Report......................... PL 107-228 Sec 650.... 194
Technology America Centers PL 107-228 Sec 645.... 192
establishment.
Termination date............... PL 107-228 Sec 651.... 194
Special Coordinator for policy PL 102-138 Sec 180.... 430
negotiation.
Weapons. See Arms control;
Biological weapons; Chemical
weapons; Nuclear weapons
West Bank and Gaza
Prohibition on use of Diplomatic PL 99-399 Sec 414..... 1121
Security Program funds for
facility in.
Transfer of proscribed weapons... PL 107-228 Sec 699.... 205
West Germany
Support of mutual defense PL 100-204 Sec 1254... 565
alliances.
Western Hemisphere summit
Reimbursement appropriations PL 103-236 Sec 101.... 325
authorization, 1994 and 1995.
Western Sahara
Referendum reports............... PL 106-113 Sec 803.... 264
Whaling Commission, International
Moratorium on the commercial PL 96-60 Sec 405...... 623
killing of whales.
Wildlife conventions
Appropriations authorization, PL 101-246 Sec 403.... 477
1990 and 1991.
Women
Foreign Service placement program PL 103-236 Sec 178.... 341
Gender-related persecution task PL 106-113 Sec 254.... 253
force.
Human rights protection.......... PL 103-236 Sec 142.... 338
Women--Continued
International Youth Opportunity PL 108-458 Sec 7114... 106
Fund.
Nairobi Forward-Looking PL 102-138 Sec 192.... 430
Strategies for the Advancement
of Women, implementation of.
Recruitment and retention in the PL 100-204 Sec 183.... 531
Foreign Service.
Refugees, United States overseas PL 103-236 Sec 501.... 354
assistance policy.
United Nations Decade for Women PL 98-164 Sec 118..... 599
Conference, 1985.
Working capital fund
State Department................. PL 84-885 Sec 13...... 23
World Administrative Radio
Conference
Private sector representatives on PL 96-60 Sec 406...... 624
United States Delegation to.
World Alternate Energy Conference.. PL 95-426 Sec 609..... 640
World Commission on Environment and
Development
Appropriations authorization, PL 99-93 Sec 107...... 571
1986 and 1987.
World Court. See International
Court of Justice
World Food Program
Appropriations authorization
1998 and 1999.................. PL 105-277 Sec 2104(b) 283
2000 and 2001.................. PL 106-113 Sec 108(b). 240
World Health Organization
Contribution to, 1978............ PL 95-105 Sec 103..... 646
Reforms.......................... PL 103-236 Sec 412.... 350
Restriction on contributions to.. PL 93-475 Sec 8....... 662
World Heritage Convention
Appropriations authorization, PL 101-246 Sec 403.... 477
1990.
World Heritage Trust Fund
Appropriations authorization, PL 98-164 Sec 108..... 594
1984 and 1985.
World Intellectual Property PL 98-164 Sec 112..... 595
Organization.
World Tourism Organization
Funding limitation............... PL 102-138 Sec 176(c). 429
World Trade Organization
Accession of Taiwan, PL 105-277 Sec 2808... 310
congressional statement.
People's Republic of China PL 109-108 Sec 635.... 685
compliance.
World University Games
Appropriations authorization, PL 102-138 Sec 221.... 1495
1992 and 1993.
Worldnet Program
Audience survey.................. PL 100-204 Sec 209.... 1510
Funding limitation............... PL 100-204 Sec 208.... 1510
Property, appropriations, and PL 105-277 Sec 1326(c) 882
personnel transfer.
PL 105-277 Sec 1326(c) 1708
Repeal of provisions............. PL 105-277 Sec 2219... 291
Y
Yalta Agreement
Policy toward application of..... PL 99-93 Sec 804...... 584
Youth. See Children
Yugoslavia
Arms embargo policy, sense of PL 103-236 Sec 520.... 364
Congress.
Bilateral Science and Technology
Agreements
Appropriations authorization, PL 96-60 Sec 104...... 621
1980 and 1981.
Cultural Center in Kosovo........ PL 102-138 Sec 223.... 1496
Yugoslavia--Continued
Cultural Center in Kosovo--
Continued
PL 102-138 Sec 223.... 1630
Democracy development, sense of PL 105-277 Sec 2813... 314
Congress.
Policy regarding United States PL 102-138 Sec 361.... 443
assistance, sense of Congress.
Programming within Voice of PL 102-138 Sec 233.... 1716
America.
Rewards program for information PL 105-323 Sec 102.... 271
concerning violations of
humanitarian law.
Z
Zorinsky amendment................. PL 80-402 Sec 501..... 1435
Zorinsky Memorial Library. See
Edward Zorinsky Memorial Library