[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
?



                      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 
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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)

  
?

                                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)
?

                            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 [email protected].

                                  (v)
?

                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
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.
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    \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\
---------------------------------------------------------------------------
    \1\ Sec. 111(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654) added ``That 
this Act may be cited as the `State Department Basic Authorities Act of 
1956'.''.
---------------------------------------------------------------------------

                  TITLE I--BASIC AUTHORITIES GENERALLY

                organization of the department of state

    Section 1.\2\ (a) Secretary of State.--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2651a. Sec. 161(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 402), amended and restated sec. 1. It formerly read as follows 
(formerly at 22 U.S.C. 2662):
    ``Section 1. The Secretary of State is authorized to establish, 
maintain, and operate passport and dispatch agencies.''.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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);
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 2674.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 2677.
---------------------------------------------------------------------------

  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).
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  (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.
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    (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.
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    \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.
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    (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.
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    \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.
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    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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \109\ 22 U.S.C. 2705. Sec. 117 of Public Law 97-241 (96 Stat. 279) 
added sec. 33.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \211\ 22 U.S.C. 4309a. Sec. 141 of Public Law 99-93 (99 Stat. 423) 
added sec. 209A.
---------------------------------------------------------------------------
          (1) pursuant to the Agreement Between the United 
        States and the United Nations Regarding the 
        Headquarters of the United Nations (authorized by 
        Public Law 80-357 (22 U.S.C. 287 note)), the United 
        States has accepted--
                  (A) the obligation to permit and to 
                facilitate the right of individuals, who are 
                employed by or are authorized by the United 
                Nations to conduct official business in 
                connection with that organization or its 
                agencies, to enter into and exit from the 
                United States for purposes of conducting 
                official activities within the United Nations 
                Headquarters District, subject to regulation as 
                to points of entry and departure; and
                  (B) the implied obligation to permit and to 
                facilitate the acquisition of facilities in 
                order to conduct such activities within or in 
                proximity to the United Nations Headquarters 
                District, subject to reasonable regulation 
                including regulation of the location and size 
                of such facilities; and
          (2) taking into account paragraph (1) and consistent 
        with the obligation of the United States to facilitate 
        the functioning of the United Nations, the United 
        States has no additional obligation to permit the 
        conduct of any other activities, including nonofficial 
        activities, by such individuals outside of the United 
        Nations Headquarters District.
    (b) \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \213\ 22 U.S.C. 4310. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 210.
---------------------------------------------------------------------------

                              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.
---------------------------------------------------------------------------
    \214\ 22 U.S.C. 4311. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 211.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
  (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.-- * * *
---------------------------------------------------------------------------

  ``(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.--
---------------------------------------------------------------------------
    \229\ 22 U.S.C. 4352.
---------------------------------------------------------------------------
          (1)(A) The Historian of the Department of State shall 
        be responsible for the preparation of the FRUS series, 
        including the selection of records, in accordance with 
        the provisions of this title.
          (B) The Advisory Committee on Historical Diplomatic 
        Documentation shall review records, and shall advise 
        and make recommendations to the Historian concerning 
        all aspects of preparation and publication of the FRUS 
        series, including, in accordance with the procedures 
        contained in section 403, the review and selection of 
        records for inclusion in volumes of the series.
          (2) Other departments, agencies, and other entities 
        of the United States Government shall cooperate with 
        the Office of the Historian by providing full and 
        complete access to the records pertinent to United 
        States foreign policy decisions and actions and by 
        providing copies of selected records in accordance with 
        the procedures developed under section 403, except that 
        no access to any record, and no provision of any copy 
        of a record, shall be required in the case of any 
        record that was prepared less than 26 years before the 
        date of a request for such access or copy made by the 
        Office of the Historian.
  (b) National Archives and Records Administration.--
Notwithstanding any other provision of this title, the 
requirement for the National Archives and Records 
Administration to provide access to, and copies of, records to 
the Department of State for the FRUS series shall be governed 
by chapter 21 of title 44, United States Code, by any agreement 
concluded between the Department of State and the National 
Archives and Records Administration, and, in the case of 
Presidential records, by section 2204 of such title.

SEC. 403.\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)--
---------------------------------------------------------------------------
    \230\ 22 U.S.C. 4353.
---------------------------------------------------------------------------
          (1) to coordinate with the State Department's Office 
        of the Historian in selecting records for possible 
        inclusion in the FRUS series;
          (2) to permit full access to the original, unrevised 
        records by such individuals holding appropriate 
        security clearances as have been designated by the 
        Historian as liaison to that department, agency, or 
        entity, for purposes of this title, and by members of 
        the Advisory Committee; and
          (3) to permit access to specific types of records not 
        selected for inclusion in the FRUS series by the 
        individuals identified in paragraph (2) when requested 
        by the Historian in order to confirm that records 
        selected by that department, agency, or entity 
        accurately represent the policymaking process reflected 
        in the relevant part of the FRUS series.
  (b) Declassification Review.--
          (1) Subject to the provisions of this subsection, 
        records selected by the Historian for inclusion in the 
        FRUS series shall be submitted to the respective 
        originating agency for declassification review in 
        accordance with that agency's procedures for such 
        review, except that such declassification review shall 
        be completed by the originating agency within 120 days 
        after such records are submitted for review. If the 
        originating agency determines that any such record is 
        not declassifiable because of a continuing need to 
        protect sources and methods for the collection of 
        intelligence information or to protect other sensitive 
        national security information, then the originating 
        agency shall attempt to make such deletions in the text 
        as will make the record declassifiable.
          (2) If the Historian determines that the meaning of 
        the records proposed for inclusion in a volume of the 
        FRUS series would be so altered or changed by deletions 
        made under paragraph (1) that publication in that 
        condition could be misleading or lead to an inaccurate 
        or incomplete historical record, then the Historian 
        shall take steps to achieve a satisfactory resolution 
        of the problem with the originating agency. Within 60 
        days of receiving a proposed solution from the 
        Historian, the originating agency shall furnish the 
        Historian a written response agreeing to the solution 
        or explaining the reasons for the alteration or 
        deletion.
          (3) The Historian shall inform the Advisory Committee 
        of any failure by an originating agency to complete its 
        declassification review of a record within 120 days and 
        of any steps taken under paragraph (2).
          (4) If the Advisory Committee determines that the 
        meaning of the records proposed for inclusion in a 
        volume of the FRUS series would be so altered or 
        changed by deletions made under paragraph (1), or if 
        the Advisory Committee determines as a result of 
        inspection of other documents under subsection (a)(3) 
        that the selection of documents could be misleading or 
        lead to an inaccurate or incomplete historical record, 
        then the Advisory Committee shall so advise the 
        Secretary of State and submit recommendations to 
        resolve the issue.
          (5)(A) The Advisory Committee shall have full and 
        complete access to the original text of any record in 
        which deletions have been made. In the event that the 
        head of any originating agency considers it necessary 
        to deny access by the Advisory Committee to the 
        original text of any record, that agency head shall 
        promptly notify the Advisory Committee in writing, 
        describing the nature of the record in question and the 
        justification for withholding that record.
          (B) The Historian shall provide the Advisory 
        Committee with a complete list of the records described 
        in subparagraph (A).
          (6) If a record is deleted in whole or in part as a 
        result of review under this subsection then a note to 
        that effect shall be inserted at the appropriate place 
        in the FRUS volume.

SEC. 404.\231\ DECLASSIFICATION OF STATE DEPARTMENT RECORDS.

  (a) Deadline for Declassification.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(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).
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

  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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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) * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \13\ As enrolled. Should probably close quote at this point.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (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\
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    \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.
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    \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.--
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    \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.--
---------------------------------------------------------------------------
    \25\ 8 U.S.C. 1776.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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'').
---------------------------------------------------------------------------
    \27\ 8 U.S.C. 1777.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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.
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          (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'').
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \36\ 8 U.S.C. 1202 note.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \37\ 31 U.S.C. 5311 note.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \38\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. III.
---------------------------------------------------------------------------
    (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:
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    \2\ 22 U.S.C. 2651 note.
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          (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.--
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    \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.''.
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                  (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.
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    \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.''.
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          (3) \5\ Embassy security, construction and 
        maintenance.--
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    \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.''.
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                  (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.
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    \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.''.
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          (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.''.
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          (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.''.
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          (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.''.
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    (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.''.
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          (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.--
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    \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.''.
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    (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.
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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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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--* * *
---------------------------------------------------------------------------
    \42\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. II-B.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 287 note.
---------------------------------------------------------------------------
          (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\

          * * * * * * *
---------------------------------------------------------------------------
    \44\ For title V, relating to U.S. international broadcasting 
activities, see beginning at page 1701.
---------------------------------------------------------------------------

                   TITLE VI--MISCELLANEOUS PROVISIONS

       Subtitle A--Middle East Peace Commitments Act of 2002 \45\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                        Subtitle B--Tibet Policy

SEC. 611.\46\ SHORT TITLE.

    This subtitle may be cited as ``Tibetan Policy Act of 
2002''.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 6901 note.
---------------------------------------------------------------------------

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--* * *
---------------------------------------------------------------------------
    \47\ For text of the U.S.-China Relations Act of 2000, as amended, 
see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 2151p note.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 662.\51\ PURPOSES.

    The purposes of this subtitle are the following:
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 2151n-2 note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 2151n-2.
---------------------------------------------------------------------------
    (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--* * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \54\ 22 U.S.C. 2151n note.
---------------------------------------------------------------------------

   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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \58\ 22 U.S.C. 2352 note.
---------------------------------------------------------------------------
          (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'').
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 2152e.
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \62\ 22 U.S.C. 2151n note.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \63\ 22 U.S.C. 2291j-1.
---------------------------------------------------------------------------
          (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\

          * * * * * * *
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6901 note.
---------------------------------------------------------------------------

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

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

SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.

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

SEC. 204. REPORTING REQUIREMENT.

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

SEC. 205. DEFINITIONS.

    In this title:
          (1) Joint declaration.--The term ``Joint 
        Declaration'' means the Joint Declaration of the 
        Government of the People's Republic of China and the 
        Government of the Republic of Portugal on the Question 
        of Macau, dated April 13, 1987.
          (2) Macau.--The term ``Macau'' means the territory 
        that prior to December 20, 1999, was the Portuguese 
        Dependent Territory of Macau and after December 20, 
        1999, became the Macau Special Administrative Region of 
        the People's Republic of China.
               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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

SEC. 402. PURPOSES.

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

SEC. 403. ESTABLISHMENT OF COMMISSION.

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

SEC. 404. DUTIES OF COMMISSION.

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

SEC. 405. MEMBERSHIP OF COMMISSION.

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

SEC. 406. POWERS OF COMMISSION.

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

SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION.

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

SEC. 408. TERMINATION.

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

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 410. EFFECTIVE DATE.

    This title shall take effect on February 1, 2001.
      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.
---------------------------------------------------------------------------
    \29\ 42 U.S.C. 11608a.
---------------------------------------------------------------------------
    (b) Case Officer Staffing.--Effective April 1, 2000, there 
shall be assigned to the Office of Children's Issues of the 
Department of State a sufficient number of case officers to 
ensure that the average caseload for each officer does not 
exceed 75.
    (c) Embassy Contact.--The Secretary of State shall 
designate in each United States diplomatic mission an employee 
who shall serve as the point of contact for matters relating to 
international abductions of children by parents. The Director 
of the Office shall regularly inform the designated employee of 
children of United States citizens abducted by parents to that 
country.
    (d) Reports to Parents.--
          (1) In general.--Except as provided in paragraph (2), 
        beginning 6 months after the date of enactment of this 
        Act, and at least once every 6 months thereafter, the 
        Secretary of State shall report to each parent who has 
        requested assistance regarding an abducted child 
        overseas. Each such report shall include information on 
        the current status of the abducted child's case and the 
        efforts by the Department of State to resolve the case.
          (2) Exception.--The requirement in paragraph (1) 
        shall not apply in a case of an abducted child if--
                  (A) the case has been closed and the 
                Secretary of State has reported the reason the 
                case was closed to the parent who requested 
                assistance; or
                  (B) the parent seeking assistance requests 
                that such reports not be provided.

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

    Section 2803(a) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as contained in division G of Public 
Law 105-277) is amended--* * *
---------------------------------------------------------------------------
    \30\ For amended text, see page 307.
---------------------------------------------------------------------------

SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

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

SEC. 204.\31\ INTERNATIONAL EXPOSITIONS.

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

SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-
                    AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT 
                    FOUNDATION.

    (a) Responsibilities.--Section 8A(a) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--* * * \33\
---------------------------------------------------------------------------
    \33\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. IV.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    \34\ For amended text of the authorization of use of force against 
Iraq (Public Law 102-1), see vol. II-B.
---------------------------------------------------------------------------

SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

    (a) \35\ Report on Language Proficiency.--Section 702 of 
the Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by 
adding at the end the following new subsection: * * *
---------------------------------------------------------------------------
    \35\ For amended text, see page 755.
---------------------------------------------------------------------------
    (b) Repeal.--Section 304(c) of the Foreign Service Act of 
1980 (22 U.S.C. 3944(c)) is repealed.\36\
---------------------------------------------------------------------------
    \36\ Sec. 304(c) of the Foreign Service Act of 1980 required 
``Within 6 months after assuming the position, the chief of mission to 
a foreign country shall submit * * * a report describing his or her own 
foreign language competence and the foreign language competence of the 
mission staff in the principal language or other dialect of that 
country.''.
---------------------------------------------------------------------------

SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

    (a) Reports on Claims by United States Firms Against the 
Government of Saudi Arabia.--Section 2801(b)(1) of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted by 
division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by striking ``third'' and inserting ``seventh''.\37\
---------------------------------------------------------------------------
    \37\ For amended text, see page 305.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \38\ For amended text, see page 306.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \39\ For amended text, see page 308.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \40\ For amended text, see vol. II-B.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \41\ The Federal Reports Elimination and Sunset Act of 1995 may be 
found in Legislation on Foreign Relations Through 2005, vol. IV.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \42\ For amended text, see page 335.
---------------------------------------------------------------------------

SEC. 232.\43\ FEES RELATING TO AFFIDAVITS OF SUPPORT.

    (a) Authority To Charge Fee.--The Secretary of State may 
charge and retain a fee or surcharge for services provided by 
the Department of State to any sponsor who provides an 
affidavit of support under section 213A of the Immigration and 
Nationality Act (8 U.S.C. 1183a) to ensure that such affidavit 
is properly completed before it is forwarded to a consular post 
for adjudication by a consular officer in connection with the 
adjudication of an immigrant visa. Such fee or surcharge shall 
be in addition to and separate from any fee imposed for 
immigrant visa application processing and issuance, and shall 
recover only the costs of such services not recovered by such 
fee.
---------------------------------------------------------------------------
    \43\ 8 U.S.C. 1183a note.
---------------------------------------------------------------------------
    (b) Limitation.--Any fee established under subsection (a) 
shall be charged only once to a sponsor or joint sponsors who 
file essentially duplicative affidavits of support in 
connection with separate immigrant visa applications from the 
spouse and children of any petitioner required by the 
Immigration and Nationality Act to petition separately for such 
persons.
    (c) Treatment of Fees.--Fees collected under the authority 
of subsection (a) shall be deposited as an offsetting 
collection to any Department of State appropriation to recover 
the cost of providing consular services. Such fees shall remain 
available for obligation until expended.\44\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

SEC. 233.\45\ PASSPORT FEES. * * *
---------------------------------------------------------------------------

    \45\ Sec. 233 amended the Passport Act of June 4, 1920 (22 U.S.C. 
214 and 216).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 213 note.
---------------------------------------------------------------------------
          (2) Requirements.--
                  (A) Both parents, or the child's legal 
                guardian, must execute the application and 
                provide documentary evidence demonstrating that 
                they are the parents or guardian; or
                  (B) the person executing the application must 
                provide documentary evidence that such person--
                          (i) has sole custody of the child;
                          (ii) has the consent of the other 
                        parent to the issuance of the passport; 
                        or
                          (iii) is in loco parentis and has the 
                        consent of both parents, of a parent 
                        with sole custody over the child, or of 
                        the child's legal guardian, to the 
                        issuance of the passport.
    (b) Exceptions.--The regulations required by subsection (a) 
may provide for exceptions in exigent circumstances, such as 
those involving the health or welfare of the child, or when the 
Secretary determines that issuance of a passport is warranted 
by special family circumstances.

SEC. 237.\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.
---------------------------------------------------------------------------
    \49\ 8 U.S.C. 1201 note.
---------------------------------------------------------------------------
    (b) Reports.--Not later than 180 days after the date of 
enactment of this Act, and not later than 1 year thereafter, 
the Secretary of State shall submit to the appropriate 
congressional committees a report on the extent to which the 
Department of State is meeting the policy standards under 
subsection (a). Each report shall be based on a survey of the 
22 consular posts which account for approximately 72 percent of 
immigrant visas issued and, in addition, the consular posts in 
Guatemala City, Nicosia, Caracas, Naples, and Jakarta. Each 
report should include data on the average time for processing 
each category of visa application under subsection (a), a list 
of the embassies and consular posts which do not meet the 
policy standards under subsection (a), the amount of funds 
collected worldwide for processing of visa applications during 
the most recent fiscal year, the estimated costs of processing 
such visa applications (based on the Department of State's most 
recent fee study), the steps being taken by the Department of 
State to achieve such policy standards, and results achieved by 
the interagency working group charged with the goal of reducing 
the overall processing time for visa applications.

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

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

                          Subtitle C--Refugees

SEC. 251.\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.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 2601 note.
---------------------------------------------------------------------------
    (b) Migration and Refugee Assistance.--None of the funds 
made available by this Act or by section 2(c) of the Migration 
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be 
available to effect the involuntary return of any person to any 
country unless the Secretary of State first notifies the 
appropriate congressional committees, except that in the case 
of an emergency involving a threat to human life the Secretary 
of State shall notify the appropriate congressional committees 
as soon as practicable.
    (c) Involuntary Return Defined.--As used in this section, 
the term ``to effect the involuntary return'' means to require, 
by means of physical force or circumstances amounting to a 
threat thereof, a person to return to a country against the 
person's will, regardless of whether the person is physically 
present in the United States and regardless of whether the 
United States acts directly or through an agent.

SEC. 252. HUMAN RIGHTS REPORTS.

    Section 502B(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(b)) is amended * * * \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

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:
---------------------------------------------------------------------------

``sec. 324. placement of senior foreign service personnel.
---------------------------------------------------------------------------

    ``The Director General of the Foreign Service shall submit a report 
on the first day of each fiscal quarter to the appropriate 
congressional committees containing the following:
---------------------------------------------------------------------------

  ``(1) The number of members of the Senior Foreign Service.

  ``(2) The number of vacant positions designated for members of the Senior 
Foreign Service.

  ``(3) The number of members of the Senior Foreign Service who are not 
assigned to positions.''.

          * * * * * * *

SEC. 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\
---------------------------------------------------------------------------
    \60\ See 5 U.S.C. 8432c.
---------------------------------------------------------------------------

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

    Section 5922 of title 5, United States Code, is amended by 
adding at the end the following: * * * \61\
---------------------------------------------------------------------------
    \61\ See 5 U.S.C. 5922(f).
---------------------------------------------------------------------------

SEC. 336. PARENTAL CHOICE IN EDUCATION.

    Section 5924(4) of title 5, United States Code, is 
amended--* * * \62\
---------------------------------------------------------------------------
    \62\ See 5 U.S.C. 5924(4).
---------------------------------------------------------------------------

SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

    Section 5927 of title 5, United States Code, is amended to 
read as follows: * * * \63\
---------------------------------------------------------------------------
    \63\ See 5 U.S.C. 5927.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \66\ For amended text, see page 896.
---------------------------------------------------------------------------

   TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                             PROGRAMS \67\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

   TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES \67\

     TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES \68\

          * * * * * * *
---------------------------------------------------------------------------
    \68\ Title VI, relating to embassy security and counterterrorism, 
may be found beginning at page 1151.
---------------------------------------------------------------------------

         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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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,''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

                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.
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          * * * * * * *

  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''.
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    (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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------

``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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \47\ For amended text, see page 36.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \48\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. I-A.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \50\ For amended text see page 8.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \51\ For amended text, see page 8.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \52\ Sec. 2306 amended sec. 1 of the State Department Basic 
Authorities Act of 1956; see page 8.
---------------------------------------------------------------------------

  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\
---------------------------------------------------------------------------

    \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\
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    \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.
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          (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.
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          (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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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.).''.
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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\
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    \66\ For amended text, see vol. II-B.
---------------------------------------------------------------------------

            TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \67\

          * * * * * * *
---------------------------------------------------------------------------
    \67\ 22 U.S.C. 1928 note. For text see vol. II-B.
---------------------------------------------------------------------------

             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
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    \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''.
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          (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--
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    \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:
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    \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''.
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          (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.
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    \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.
---------------------------------------------------------------------------

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.''.
---------------------------------------------------------------------------
          (9) \11\ Repatriation loans.--For ``Repatriation 
        Loans'', $776,000 for the fiscal year 1994 and $776,000 
        for the fiscal year 1995, for administrative expenses.
---------------------------------------------------------------------------
    \11\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided the 
following:
---------------------------------------------------------------------------

``repatriation loans program account
---------------------------------------------------------------------------

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

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

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

``International Organizations and Conferences

``contributions to international organizations
---------------------------------------------------------------------------

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

``International Organizations and Conferences

``contributions to international organizations
---------------------------------------------------------------------------

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

``contributions for international peacekeeping activities
---------------------------------------------------------------------------

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

``contributions for international peacekeeping activities
---------------------------------------------------------------------------

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

``international conferences and contingencies
---------------------------------------------------------------------------

    ``For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, in addition to funds 
otherwise available for these purposes, contributions for the United 
States share of general expenses of international organizations and 
conferences and representation to such organizations and conferences as 
provided for by 22 U.S.C. 2656 and 2672, and personal services without 
regard to civil service and classification laws as authorized by 5 
U.S.C. 5102, $6,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be 
expended for representation as authorized by 22 U.S.C. 4085.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided the same 
terms and amounts for fiscal year 1995.
---------------------------------------------------------------------------
    (f) Foreign Currency Exchange Rates.--In addition to 
amounts otherwise authorized to be appropriated by subsections 
(a) and (b) of this section, there are authorized to be 
appropriated such sums as may be necessary for each of the 
fiscal years 1994 and 1995 to offset adverse fluctuations in 
foreign currency exchange rates. Amounts appropriated under 
this subsection shall be available for obligation and 
expenditure only to the extent that the Director of the Office 
of Management and Budget determines and certifies to Congress 
that such amounts are necessary due to such fluctuations.
    (g) \18\ Withholding of Funds.--Notwithstanding any other 
provision of law, the funds authorized to be appropriated for 
the United Nations and its affiliated agencies in \19\ 
``Contributions for International Organizations'' shall be 
reduced in the amount of $118,875,000 for fiscal year \20\ 
1995, and for each year thereafter, until \21\ the President 
certifies to the Speaker of the House of Representatives and 
the President of the Senate that no United Nations \22\ agency 
or United Nations affiliated agency grants any official status, 
accreditation, or recognition to any organization which 
promotes and condones \23\ or seeks the legalization of 
pedophilia, or which includes as a subsidiary or member any 
such organization.
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    \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
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    \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''.
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          (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.
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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.
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    \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''.
---------------------------------------------------------------------------
    (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.
          * * * * * * *
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \37\ The Secretary of State delegated functions authorized under 
this section to the Under Secretary for Management (Department of State 
Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 
50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
    \38\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 129.\39\ FACILITATING ACCESS TO THE DEPARTMENT OF STATE BUILDING.

    (a) Procedures To Facilitate Access.--The Department of 
State shall maintain procedures to ensure that the members and 
staff of the congressional committees of jurisdiction are 
granted easy access to the Department of State in the conduct 
of their duties.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2680-2.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

SEC. 133. TERRORISM REWARDS AND REPORTS.

    (a) Rewards for Information on Acts of International 
Terrorism in the United States.--
          (1) \42\ * * *
---------------------------------------------------------------------------
    \42\ Para. (1) amended sec. 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708).
---------------------------------------------------------------------------
          (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.--* * *
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 292 note.
    \45\ Sec. 1(z) of Public Law 103-415 (108 Stat. 4302) inserted ``, 
1926'' after ``Act''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (d) Expenditures From the Fund.--Amounts deposited in the 
Fund shall be available for purposes of subsection (a).\49\
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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)''.
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          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

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

                PART C--DEPARTMENT OF STATE ORGANIZATION

SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE.

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

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

  ``(2) Responsibilities.--The Deputy Assistant Secretary for Burdensharing 
shall perform such duties and exercise such authorities as the Secretary of 
State shall prescribe, including the following:

  ``(A) The principal duty of negotiating increased in-kind and financial 
support (including increased payment of basing costs) by countries allied 
to the United States for Department of Defense military units and personnel 
assigned to permanent duty ashore outside the United States in support of 
the security of such countries.

  ``(B) In consultation with the Department of Defense, assist in 
negotiations with the host governments for the recoupment of funds 
associated with financial commitments from such countries for paying the 
United States the residual value of United States facilities in such 
countries that the United States relinquishes to such countries upon the 
termination of the use of such facilities by the United States.''.

SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.

    (a)-(j) * * *
    (k) State Department Basic Authorities Act of 1956.--(1) 
Section 35 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2707) is amended--* * *
                  (iv) by inserting before paragraph (2) (as so 
                redesignated) the following:
          ``(1) exercise primary authority for the conduct of 
        foreign policy with respect to such telecommunications 
        functions, including the determination of United States 
        positions and the conduct of United States 
        participation in negotiations with foreign governments 
        and international bodies. In exercising this 
        responsibility, the Secretary shall coordinate with 
        other agencies as appropriate, and, in particular, 
        shall give full consideration to the authority vested 
        by law or Executive order in the Federal Communications 
        Commission, the Department of Commerce and the Office 
        of the United States Trade Representative in this 
        area;'';
                  (v)-(vi) * * *
    (2) \69\ Nothing in the amendments made by paragraph (1) 
affects the nature or scope of the authority that is on the 
date of enactment of this Act vested by law or Executive order 
in the Department of Commerce, the Office of the United States 
Trade Representative, the Federal Communications Commission, or 
any officer thereof.
---------------------------------------------------------------------------
    \69\ 22 U.S.C. 2707 note.
---------------------------------------------------------------------------
    (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\ * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \74\ Sec. 1(gg) of Public Law 103-415 (108 Stat. 4303) inserted 
``United States'' before ``Arms Control and Disarmament Agency''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

SEC. 176.\76\ ALLOWANCES. * * *
---------------------------------------------------------------------------

    \76\ Sec. 176 amended 5 U.S.C. 5924(4)(A) and (B).
---------------------------------------------------------------------------
          * * * * * * *

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

    (a) Purpose.--It is the purpose of this section to promote 
the acquisition and retention of highly qualified, trained, and 
experienced women and minority personnel within the Foreign 
Service, to provide the maximum opportunity for the Foreign 
Service to meet staffing needs and to acquire the services of 
experienced and talented women and minority personnel, and to 
help alleviate the impact of downsizing, reduction-in-force, 
and budget restrictions occurring in the defense and national 
security-related agencies of the United States.
---------------------------------------------------------------------------
    \77\ 22 U.S.C. 3922a note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \78\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Management (Department of 
State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 
F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
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SEC. 179.\79\ EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS 
                    OF THE FOREIGN SERVICE.

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

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

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

SEC. 182. RESTORATION OF WITHHELD BENEFITS.

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

   Subpart 2--Foreign Language Competence Within the Foreign Service

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

    (a) \88\ Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of State shall 
promulgate regulations--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (1) establishing hiring preferences for Foreign 
        Service Officer candidates competent in languages, with 
        priority preference given to those languages in which 
        the Department of State has a deficit;
          (2) establishing a standard that employees will not 
        receive long-term training in more than 3 languages, 
        and requiring that employees achieve full professional 
        proficiency (S4/R4) in 1 language as a condition for 
        training in a third, with exceptions for priority needs 
        of the service at the discretion of the Director 
        General;
          (3) requiring that employees receiving long-term 
        training in a language, or hired with a hiring 
        preference for a language, serve at least 2 tours in 
        jobs requiring that language, with exceptions for 
        certain limited-use languages and priority needs of the 
        service at the discretion of the Director General;
          (4) requiring that significant consideration be given 
        to foreign language competence and use in the 
        evaluation, assignment, and promotion of all Foreign 
        Service Officers of the Department of State, the Agency 
        for International Development, and the United States 
        Information Agency; \89\
---------------------------------------------------------------------------
    \89\ Sec. 1(u) of Public Law 103-415 (108 Stat. 4302) inserted 
before the semicolon ``, the Agency for International Development, and 
the United States Information Agency''.
---------------------------------------------------------------------------
          (5) requiring the identification of appropriate 
        Washington, D.C. metropolitan area positions as 
        language-designated; and
          (6) requiring remedial training and suspension of 
        language differential payments for employees receiving 
        such payments who have failed to maintain required 
        levels of proficiency.
    (b) Repeal.--Section 164 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 
note; Public Law 101-246) is repealed.

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

    (a) Policy.--It is the sense of the Congress that--
---------------------------------------------------------------------------
    \90\ 22 U.S.C. 4021 note.
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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):
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (b) \105\ * * *
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    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \112\ 22 U.S.C. 287b note.
---------------------------------------------------------------------------

    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. * * *
---------------------------------------------------------------------------

    \113\ Sec. 423 amended various Public Laws relating to the 
International Boundary and Water Commission, United States and Mexico.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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. * * *
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    (a) \116\ * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (b) \117\ United Nations Development Program.--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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.--* * *
---------------------------------------------------------------------------
    \119\ Subsec. (a) amended sec. 2 of Public Law 86-420 and sec. 2 of 
Public Law 86-42.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \124\ 15 U.S.C. 4704 note.
---------------------------------------------------------------------------

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

    Not later than 60 days after the date of enactment of this 
Act, the President shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs 
\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. * * *
---------------------------------------------------------------------------

    \125\ Sec. 512 amended secs. 599D and 599E of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101-167).
---------------------------------------------------------------------------

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

    (a) Findings.--The Senate makes the following findings:
          (1) In an Executive Order of May 28, 1993, the 
        President established conditions for renewal of most-
        favored-nation (MFN) status for the People's Republic 
        of China in 1994.\126\
---------------------------------------------------------------------------
    \126\ Executive Order 12850 (58 F.R. 31327).
---------------------------------------------------------------------------
          (2) The Executive Order requires that in making a 
        recommendation about the further extension of MFN 
        status to China, the Secretary of State shall not 
        recommend extension unless the Secretary determines 
        that--
                  (A) extension will substantially promote the 
                freedom of emigration objectives of section 402 
                of the Trade Act of 1974; and
                  (B) China is complying with the 1992 
                bilateral agreement between the United States 
                and China concerning prison labor.
          (3) The Executive Order further requires that in 
        making a recommendation, the Secretary of State shall 
        determine whether China has made overall, significant 
        progress with respect to--
                  (A) taking steps to begin adhering to the 
                Universal Declaration of Human Rights;
                  (B) releasing and providing an acceptable 
                accounting for Chinese citizens imprisoned or 
                detained for the non-violent expression of 
                their political and religious beliefs, 
                including such expression of religious beliefs 
                in connection with the Democracy Wall and 
                Tiananmen Square movements;
                  (C) ensuring humane treatment of prisoners, 
                such as by allowing access to prisons by 
                international humanitarian and human rights 
                organizations;
                  (D) protecting Tibet's distinctive religious 
                and cultural heritage; and
                  (E) permitting international radio and 
                television broadcasts into China.
          (4) The Executive Order further requires the 
        Executive Branch to resolutely pursue all legislative 
        and executive actions to ensure that China abides by 
        its commitments to follow fair, nondiscriminatory trade 
        practices in dealing with United States businesses, and 
        adheres to the Nuclear Nonproliferation Treaty, the 
        Missile Technology Control Regime guidelines and 
        parameters, and other nonproliferation commitments.
          (5) The Chinese government should cooperate with 
        international efforts to obtain North Korea's full, 
        unconditional compliance with the Nuclear Non-
        Proliferation Treaty.
          (6) The President has initiated an intensive high-
        level dialogue with the Chinese government which began 
        last year with a meeting between the Secretary of State 
        and the Chinese Foreign Minister, including a meeting 
        in Seattle between the President and the President of 
        China, meetings in Beijing with the Secretary of the 
        Treasury, the Assistant Secretary for Human Rights and 
        others, a recent meeting in Paris between the Secretary 
        of State and the Chinese Foreign Minister, and recent 
        meetings in Washington with several Under Secretaries 
        and their Chinese counterparts.
          (7) The President's efforts have led to some recent 
        progress on some issues of concern to the United 
        States.
          (8) Notwithstanding this, substantially more progress 
        is needed to meet the standards in the President's 
        Executive Order.
          (9) The Chinese government's overall human rights 
        record in 1993 fell far short of internationally 
        accepted norms as it continued to repress critics and 
        failed to control abuses by its own security forces.
    (b) Sense of Senate.--It is the sense of the Senate that 
the President of the United States should use all appropriate 
opportunities, in particular more high-level exchanges with the 
Chinese government, to press for further concrete progress 
toward meeting the standards for continuation of MFN status as 
contained in the Executive Order.

SEC. 514.\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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``sec. 205. reporting requirement.
---------------------------------------------------------------------------

    ``The President shall include in the report required by section 
514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the following:
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \130\ As enrolled. Should read ``judgment''.
---------------------------------------------------------------------------

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)).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \135\ 50 U.S.C. App. 5 note.
---------------------------------------------------------------------------
    (c) \136\ Amendments to International Emergency Economic 
Powers Act.--* * *
---------------------------------------------------------------------------
    \136\ Subsec. (c) amended sec. 203(b) of the International 
Emergency Economic Powers Act (50 U.S.C. 1702(b)).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \137\ 50 U.S.C. 1702 note.
---------------------------------------------------------------------------
          (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))--
---------------------------------------------------------------------------
    \138\ 22 U.S.C. 2370a.
---------------------------------------------------------------------------
          (1) has on or after January 1, 1956--
                  (A) nationalized or expropriated the property 
                of any United States person,
                  (B) repudiated or nullified any contract with 
                any United States person, or
                  (C) taken any other action (such as the 
                imposition of discriminatory taxes or other 
                exactions) which has the effect of seizing 
                ownership or control of the property of any 
                United States person, and
          (2) has not, within the period specified in 
        subsection (c), either--
                  (A) returned the property,
                  (B) provided adequate and effective 
                compensation for such property in convertible 
                foreign exchange or other mutually acceptable 
                compensation equivalent to the full value 
                thereof, as required by international law,
                  (C) offered a domestic procedure providing 
                prompt, adequate and effective compensation in 
                accordance with international law, or
                  (D) submitted the dispute to arbitration 
                under the rules of the Convention for the 
                Settlement of Investment Disputes or other 
                mutually agreeable binding international 
                arbitration procedure.
    (b) \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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \146\ 22 U.S.C. 2429a-2.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \148\ 5 U.S.C. 552 note.
---------------------------------------------------------------------------
          (1) if the country has not disclosed the data to the 
        public; and
          (2) if the country has not, acting through the Open 
        Skies Consultative Commission or any other diplomatic 
        channel, authorized the United States to disclose the 
        data to the public.
    (b) Statutory Construction.--This section constitutes a 
specific exemption within the meaning of section 552(b)(3) of 
title 5, United States Code.
    (c) Definitions.--For the purposes of this section--
          (1) the term ``Freedom of Information Act'' means the 
        provisions of section 552 of title 5, United States 
        Code;
          (2) the term ``Open Skies Consultative Commission'' 
        means the commission established pursuant to Article X 
        of the Treaty on Open Skies; and
          (3) the term ``Treaty on Open Skies'' means the 
        Treaty on Open Skies, signed at Helsinki on March 24, 
        1992.

SEC. 534. STUDY OF DEMOCRACY EFFECTIVENESS.

    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the President shall submit a report to 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

               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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \172\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \173\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------
    (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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)).
---------------------------------------------------------------------------

                        TITLE VII--ARMS CONTROL

      PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994 \177\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

        PART B--AMENDMENTS TO THE ARMS EXPORT CONTROL ACT \178\

          * * * * * * *
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

         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.
---------------------------------------------------------------------------

               PART A--REPORTING ON NUCLEAR EXPORTS \180\

          * * * * * * *
---------------------------------------------------------------------------
    \180\ Part A amends the Nuclear Non-Proliferation Act of 1978; see 
Legislation on Foreign Relations Through 2005, vol. IV.
---------------------------------------------------------------------------

           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.--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.--* * *
---------------------------------------------------------------------------
    \184\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control 
Act (22 U.S.C. 2753, 2780).
---------------------------------------------------------------------------
    (b) Foreign Assistance Act of 1961.--
          (1) Presidential determination 82-7.--Notwithstanding 
        any other provision of law, Presidential Determination 
        No. 82-7 of February 10, 1982,\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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

  ``(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\ * * *
---------------------------------------------------------------------------
    \186\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2375(d)).
---------------------------------------------------------------------------

SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--The Secretary of the Treasury shall 
instruct the United States executive director to each of the 
international financial institutions described in section 
701(a) of the International Financial Institutions Act (22 
U.S.C. 262d(a)) to use the voice and vote of the United States 
to oppose any use of the institution's funds to promote the 
acquisition of unsafeguarded special nuclear material or the 
development, stockpiling, or use of any nuclear explosive 
device by any non-nuclear-weapon state.
    (b) \187\ * * *
---------------------------------------------------------------------------
    \187\ Subsec. (b) amended sec. 701(b)(3) of the International 
Financial Institutions Act (22 U.S.C. 262d(b)(3)).
---------------------------------------------------------------------------

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

    (a) Prohibited Activity Defined.--For purposes of this 
section, the term ``prohibited activity'' means the act of 
knowingly, materially, and directly contributing or attempting 
to contribute, through the provision of financing, to--
          (1) the acquisition of unsafeguarded special nuclear 
        material; or
          (2) the use, development, production, stockpiling, or 
        other acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
    (b) Prohibition.--To the extent that the United States has 
jurisdiction to prohibit such activity by such person, no 
United States person and no foreign person may engage in any 
prohibited activity.
    (c) Presidential Determination and Order With Respect to 
United States and Foreign Persons.--If the President 
determines,,\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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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. * * *
---------------------------------------------------------------------------

    \190\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(4)).
---------------------------------------------------------------------------

SEC. 826.\191\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
---------------------------------------------------------------------------

    \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. * * *
---------------------------------------------------------------------------

    \192\ Sec. 827 amended sec. 36(a) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708(a)).
---------------------------------------------------------------------------

SEC. 828. REPORTS.

    (a) \193\ Content of ACDA Annual Report.--* * *
---------------------------------------------------------------------------
    \193\ Sec. 828(a) amended sec. 51(a) of the Arms Control and 
Disarmament Act.
---------------------------------------------------------------------------
    (b) Reporting on Demarches.--(1) It is the sense of the 
Congress that the Department of State should, in the course of 
implementing its reporting responsibilities under section 
602(c) of the Nuclear Non-Proliferation Act of 1978, include a 
summary of demarches that the United States has issued or 
received from foreign governments with respect to activities 
which are of significance from the proliferation standpoint.
    (2) For purposes of this section, the term ``demarche'' 
means any official communication by one government to another, 
by written or oral means, intended by the originating 
government to express--
          (A) a concern over a past, present, or possible 
        future action or activity of the recipient government, 
        or of a person within the jurisdiction of that 
        government, contributing to the global spread of 
        unsafeguarded special nuclear material or of nuclear 
        explosive devices;
          (B) a request for the recipient government to counter 
        such action or activity; or
          (C) both the concern and request described in 
        subparagraphs (A) and (B).
          * * * * * * *

SEC. 830. DEFINITIONS.

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

SEC. 831. EFFECTIVE DATE.

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

            PART C--INTERNATIONAL ATOMIC ENERGY AGENCY \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--
---------------------------------------------------------------------------
    \194\ See related legislation under ``Energy, Natural Resources, 
and Environment,'' in Legislation on Foreign Relations Through 2005, 
vol. IV.
---------------------------------------------------------------------------
          (1) build international support for the principle 
        that nuclear supply relationships must require 
        purchasing nations to agree to full-scope international 
        safeguards;
          (2) encourage each nuclear-weapon state within the 
        meaning of the Treaty to undertake a comprehensive 
        review of its own procedures for declassifying 
        information relating to the design or production of 
        nuclear explosive devices and to investigate any 
        measures that would reduce the risk of such information 
        contributing to nuclear weapons proliferation;
          (3) encourage the deferral of efforts to produce 
        weapons-grade nuclear material for large-scale 
        commercial uses until such time as safeguards are 
        developed that can detect, on a timely and reliable 
        basis, the diversion of significant quantities of such 
        material for nuclear explosive purposes;
          (4) pursue greater financial support for the 
        implementation and improvement of safeguards from all 
        IAEA member nations with significant nuclear programs, 
        particularly from those nations that are currently 
        using or planning to use weapons-grade nuclear material 
        for commercial purposes;
          (5) arrange for the timely payment of annual 
        financial contributions by all members of the IAEA, 
        including the United States;
          (6) pursue the elimination of international commerce 
        in highly enriched uranium for use in research reactors 
        while encouraging multilateral cooperation to develop 
        and to use low-enriched alternative nuclear fuels;
          (7) oppose efforts by non-nuclear-weapon states to 
        develop or use unsafeguarded nuclear fuels for purposes 
        of naval propulsion;
          (8) pursue an international open skies arrangement 
        that would authorize the IAEA to operate surveillance 
        aircraft and would facilitate IAEA access to satellite 
        information for safeguards verification purposes;
          (9) develop an institutional means for IAEA member 
        nations to share intelligence material with the IAEA on 
        possible safeguards violations without compromising 
        national security or intelligence sources or methods;
          (10) require any exporter of a sensitive nuclear 
        facility or sensitive nuclear technology to a non-
        nuclear-weapon state to notify the IAEA prior to export 
        and to require safeguards over that facility or 
        technology, regardless of its destination; and
          (11) seek agreement among the parties to the Treaty 
        to apply IAEA safeguards in perpetuity and to establish 
        new limits on the right to withdraw from the Treaty.

SEC. 842. IAEA INTERNAL REFORMS.

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

SEC. 843. REPORTING REQUIREMENT.

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

SEC. 844. DEFINITIONS.

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

            PART D--TERMINATION * * * [Repealed--1996] \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.''.
---------------------------------------------------------------------------

   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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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

``office of inspector general
---------------------------------------------------------------------------

    ``For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), 
$15,805,000.''.
---------------------------------------------------------------------------
          (6) \7\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $13,784,000 for the fiscal year 1992 and 
        $14,500,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided 
$13,784,000, for ``Payment to the American Institute in Taiwan''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided $15,543,000.
---------------------------------------------------------------------------
          (7) \3\ Moscow embassy.--For ``Acquisition and 
        Maintenance of Buildings Abroad'', subject to the 
        provisions of section 132, for construction of a new 
        United States Embassy office building in Moscow, Soviet 
        Union, $130,000,000 for fiscal year 1992 and 
        $130,000,000 for fiscal year 1993. Amounts appropriated 
        under this paragraph are authorized to be available 
        until expended.
  (b) Diplomatic Security Program.--In addition to amounts 
authorized to be appropriated by subsection (a), the following 
amounts are authorized to be appropriated under 
``Administration of Foreign Affairs'' for the fiscal years 1992 
and 1993 for the Department of State to carry out the 
diplomatic security program:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $299,828,000 for the fiscal year 1992 and 
        $315,000,000 for the fiscal year 1993. Of the amounts 
        authorized to be appropriated by this paragraph 
        $4,000,000 is authorized to be appropriated for each of 
        the fiscal years 1992 and 1993 for ``counterterrorism, 
        research, and development''.
          (2) \8\ Protection of foreign missions and 
        officials.--For ``Protection of Foreign Missions and 
        Officials'', $11,464,000 for the fiscal year 1992 and 
        $16,464,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \8\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided 
$10,464,000, for ``Protection of Foreign Missions and Officials'', for 
fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided $10,814,000.
---------------------------------------------------------------------------
  (c) Limitations.--
          (1) Of the amount authorized to be appropriated for 
        ``Emergencies in the Diplomatic and Consular Service'' 
        under subsection (a)(4), not more than $2,000,000 for 
        each of the fiscal years 1992 and 1993 is authorized to 
        be appropriated for activities authorized under 
        subparagraphs (C), (D), (E), (F), (G), (H), and (J) of 
        section 4(b)(2) of the State Department Basic 
        Authorities Act of 1956.
          (2) Of the amount authorized to be appropriated for 
        ``Salaries and Expenses'' under subsection (a)(1)--
                  (A) $10,000,000 for each of the fiscal years 
                1992 and 1993 is authorized to be available for 
                the Foreign Service Institute \9\ and the 
                Geographic Bureaus for language training 
                programs;
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \10\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided the 
following:
---------------------------------------------------------------------------

``repatriation loans program account
---------------------------------------------------------------------------

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

``repatriation loans program account
---------------------------------------------------------------------------

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

SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.

  (a) \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``International Organizations and Conferences

``contributions to international organizations
---------------------------------------------------------------------------

    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$913,214,000, of which not to exceed $92,719,000 is available to pay 
arrearages, the payment of which shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided, That none of the funds 
appropriated in this paragraph shall be available for a United States 
contribution to an international organization for the United States 
share of interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings.''.
    Sec. 2(c) of the International Peacekeeping Act of 1992 (Public Law 
102-311; 106 Stat. 277) authorized the following:
    ``(c) Contributions to International Organizations.--In addition to 
such amounts as are authorized to be appropriated in section 102(a) of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, 
there are authorized to be appropriated $53,814,000 for fiscal year 
1993 for `Contributions to International Organizations'.''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``contributions for international peacekeeping activities
---------------------------------------------------------------------------

    ``For payments, not otherwise provided for, by the United States 
for expenses of the United Nations peacekeeping forces, as authorized 
by law, $460,315,000 of which not to exceed $21,992,000 is available to 
pay arrearages: Provided, That funds shall be available for the United 
Nations Transitional Authority in Cambodia (UNTAC) only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services and material for 
UNTAC equal to those being given to foreign manufacturers and 
suppliers, and that the United States Mission to the United Nations has 
established procedures to provide information on all United Nations 
procurement regulations and solicitations to American manufacturers and 
suppliers.''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``international conferences and contingencies
---------------------------------------------------------------------------

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

SEC. 103. INTERNATIONAL COMMISSIONS.

  The following amounts are authorized to be appropriated under 
``International Commissions'' for the Department of State to 
carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States and for other purposes authorized by law:
          (1) International boundary and water commission, 
        united states and mexico.--For ``International Boundary 
        and Water Commission, United States and Mexico''--
                  (A) \15\ for ``Salaries and Expenses'' for 
                the fiscal year 1992, $11,400,000 and, for the 
                fiscal year 1993, $12,000,000; and
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

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.''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

         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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
  (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)).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          * * * * * * *

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 276m.
---------------------------------------------------------------------------
          (1) assessing the implementation of the objectives of 
        the CSCE;
          (2) discussing subjects addressed during the meetings 
        of the Council of Ministers for Foreign Affairs and the 
        biennial Summit of Heads of State or Government;
          (3) initiating and promoting such national and 
        multilateral measures as may further cooperation and 
        security in Europe.
  (b) Appointment of Delegation.--For each meeting of the CSCE 
Assembly, there shall be appointed a United States Delegation, 
as follows:
          (1) In 1992 and every even-numbered year thereafter, 
        9 Members shall be appointed by the Speaker of the 
        House from Members of the House (not less than 4 of 
        whom, including the Chairman of the United States 
        Delegation, shall be from the Committee on Foreign 
        Affairs); \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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          * * * * * * *

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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\

          * * * * * * *
---------------------------------------------------------------------------
    \69\ For text of freestanding provisions in this part relating to 
the Bureau of Educational and Cultural Affairs, see page 1494.
---------------------------------------------------------------------------

                  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.--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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. 
                    * * *
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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. * * *
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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]
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
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    \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.
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    \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.
---------------------------------------------------------------------------
    \5\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $4,600,000 for 
``Representation Allowances''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $4,600,000.
---------------------------------------------------------------------------
          (4) \6\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $4,700,000 for the fiscal year 1990 
        and $4,888,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \6\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $4,700,000 for 
``Emergencies in the Diplomatic and Consular Service''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $4,888,000.
    Sec. 3 of the Foreign Relations Persian Gulf Conflict Emergency 
Supplemental Authorization Act, Fiscal Year 1991 (Public Law 102-20; 
105 Stat. 68), authorized the following:
---------------------------------------------------------------------------

``sec. 3. emergencies in the diplomatic and consular service.
---------------------------------------------------------------------------

    ``In addition to such amounts as are authorized to be appropriated 
in section 101(a)(4) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991, there are authorized to be appropriated $9,300,000 
as emergency supplemental appropriations for fiscal year 1991 for 
`Emergencies in the Diplomatic and Consular Service' for the Department 
of State to be available only for costs associated with the evacuation 
of United States Government employees (including contractor employees) 
and their dependents and other United States citizens from diplomatic 
posts. Funds authorized to be appropriated under this section are 
designated emergency requirements pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.''.
---------------------------------------------------------------------------
          (5) \7\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $21,000,000 for 
        the fiscal year 1990 and $21,840,000 for the fiscal 
        year 1991.
---------------------------------------------------------------------------
    \7\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $21,000,000 for ``Office 
of Inspector General''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $21,840,000.
---------------------------------------------------------------------------
          (6) \8\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $11,300,000 for the fiscal year 1990 and 
        $11,752,000 for the fiscal year 1991.
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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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (2) \12\ Of the amounts authorized to be appropriated 
        by paragraph (1), $1,249,000 for the fiscal year 1990 
        shall be available only for the South Pacific 
        Commission.
---------------------------------------------------------------------------
    \12\ Sec. 1102 of this Act waived sec. 102(a)(2) for fiscal years 
1990 and 1991, effective on date of enactment of this Act (February 16, 
1990).
---------------------------------------------------------------------------
    (b) \13\ Contributions to International Peacekeeping 
Activities.--There are authorized to be appropriated for 
``Contributions to International Peacekeeping Activities'', 
$111,184,000 for the fiscal year 1990 and $115,000,000 for the 
fiscal year 1991 for the Department of State to carry out the 
authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States with 
respect to international peacekeeping activities and for other 
purposes authorized by law.
---------------------------------------------------------------------------
    \13\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $81,500,000 for 
``Contributions for International Peacekeeping Activities'', including 
arrearages incurred through fiscal year 1989.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $115,000,000.
---------------------------------------------------------------------------
    (c) \14\ International Conferences and Contingencies.--(1) 
There are authorized to be appropriated for ``International 
Conferences and Contingencies'', $6,340,000 for the fiscal year 
1990 and $7,300,000 for the fiscal year 1991 for the Department 
of State to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States with respect to international conferences and 
contingencies and for other purposes authorized by law.
---------------------------------------------------------------------------
    \14\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $6,340,000 for 
``International Conferences and Contingencies''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $7,300,000.
---------------------------------------------------------------------------
    (2) None of the funds authorized to be appropriated under 
paragraph (1), may be obligated or expended for any United 
States delegation to any meeting of the Conference on Security 
and Cooperation in Europe (CSCE) or meetings within the 
framework of the CSCE unless the United States delegation to 
any such meeting includes individuals representing the 
Commission on Security and Cooperation in Europe.

SEC. 103. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated 
under ``International Commissions'' for the Department of State 
to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States and for other purposes authorized by law:
          (1) International boundary and water commission, 
        united states and mexico.--For ``International Boundary 
        and Water Commission, United States and Mexico''--
                  (A) \15\ for ``Salaries and Expenses'' for 
                the fiscal year 1990, $10,460,000 and, for the 
                fiscal year 1991, $10,878,000; and
---------------------------------------------------------------------------
    \15\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $10,460,000 for 
``Salaries and Expenses''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $10,500,000.
---------------------------------------------------------------------------
                  (B) \16\ for ``Construction'' for the fiscal 
                year 1990, $11,500,000 and, for the fiscal year 
                1991, $11,900,000.
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    \16\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $11,500,000 for 
``Construction''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $10,000,000.
---------------------------------------------------------------------------
          (2) \17\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $750,000 for 
        the fiscal year 1990 and $780,000 for the fiscal year 
        1991.
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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.
---------------------------------------------------------------------------
    \18\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $12,300,000 for 
``International Fisheries Commissions''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $12,147,000.
---------------------------------------------------------------------------

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated for ``Migration and Refugee Assistance''--
          (1) \19\ for authorized activities, $415,000,000 for 
        the fiscal year 1990 and $445,000,000 for the fiscal 
        year 1991; and
---------------------------------------------------------------------------
    \19\ Sec. 2 of the Emergency Supplemental Persian Gulf Refugee 
Assistance Act of 1991 (Public Law 102-45; 105 Stat. 247), authorized 
supplemental appropriations for fiscal year 1991, as follows:
---------------------------------------------------------------------------

``sec. 2. emergency assistance for refugees.
---------------------------------------------------------------------------

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated as supplemental appropriations for fiscal year 1991 for 
emergency humanitarian assistance for Iraqi refugees and other persons 
in and around Iraq who are displaced as a result of the Persian Gulf 
conflict, and to reimburse appropriations accounts from which such 
assistance was provided before the date of the enactment of this Act--
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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.
---------------------------------------------------------------------------

    ``(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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\ * * *
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

SEC. 107.\25\ * * *
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    \25\ Sec. 107 amended sec. 24 of the State Department Basic 
Authorities Act of 1956.
---------------------------------------------------------------------------

SEC. 108.\26\ * * *
---------------------------------------------------------------------------

    \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.
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    (b) Contents of Plan.--Such plan shall include--
          (1) a description of where such pilot program will be 
        located in each such agency's organizational structure 
        and what relevant lines of authority will be 
        established;
          (2) a listing of the specific responsibilities that 
        will be assigned to the pilot program to enable it to 
        increase, to the extent practicable and in a rational 
        and effective manner, participation of economically and 
        socially disadvantaged enterprises in activities funded 
        by such agencies;
          (3) a detailed design for a time-phase system for 
        bringing about expanded participation, to the extent 
        practicable, by economically and socially disadvantaged 
        enterprises, including--
                  (A) specific recommendations for percentage 
                allocations of contracts, subcontracts, 
                procurement, grants, and research and 
                development activities by such agencies to such 
                enterprises; and
                  (B) particular consideration of the 
                participation of economically and socially 
                disadvantaged enterprises in activities in the 
                areas of communications, telecommunications, 
                and information systems;
          (4) a proposed reporting system that will permit 
        objective measuring of the degree of participation of 
        economically and socially disadvantaged enterprises in 
        comparison to the total activities funded by such 
        agencies;
          (5) a detailed projection of the administrative 
        budgetary impact of the establishment of the pilot 
        program; and
          (6) a detailed set of objective criteria upon which 
        determinations will be made as to the qualifications of 
        economically and socially disadvantaged enterprises to 
        receive contracts funded by such agencies.
    (c) Objectives.--The objective of the pilot program shall 
be to increase the participation, to the extent practicable, of 
economically and socially disadvantaged business enterprises in 
contract, procurement, grant, and research and development 
activities funded by the agencies.
    (d) Responsibilities.--The pilot program shall--
          (1) establish, maintain, and disseminate information 
        to, and otherwise serve as an information clearinghouse 
        for, economically and socially disadvantaged business 
        enterprises regarding business opportunities funded by 
        the agencies;
          (2) design and conduct projects to encourage, 
        promote, and assist economically and socially 
        disadvantaged business enterprises to secure direct 
        contracts, host country contracts, subcontracts, 
        grants, and research and development contracts in order 
        for such enterprises to participate in programs funded 
        by the Department of State and the United States 
        Information Agency;
          (3) conduct market research, planning, economic and 
        business analyses, and feasibility studies to identify 
        business opportunities funded by such agencies;
          (4) develop support mechanisms which will enable 
        socially and economically disadvantaged enterprises to 
        take advantage of business opportunities in programs 
        funded by such agencies; and
          (5) enter into such contracts (to such extent or in 
        such amounts as are provided in advance in 
        appropriation Acts), cooperative agreements, or other 
        transactions as may be necessary in the conduct of its 
        functions under this section.
    (e) Responsibilities of the Secretary.--The Secretary of 
State (after consultation with the Director of the United 
States Information Agency) shall provide the pilot program with 
such relevant information, including procurement schedules, 
bids, and specifications with respect to programs funded by the 
Department of State and the United States Information Agency, 
as may be requested by the pilot program in connection with the 
performance of its functions under this section.
    (f) Definitions.--
          (1) For the purposes of this section, the term 
        ``economically and socially disadvantaged enterprise'' 
        means a business--
                  (A) which is at least 51 percent owned by one 
                or more socially and economically disadvantaged 
                individuals or, in the case of a publicly-owned 
                business, at least 51 percent of the stock of 
                which is owned by one or more socially and 
                economically disadvantaged individuals; and
                  (B) whose management and daily business 
                operations are controlled by one or more such 
                individuals.
          (2) Socially disadvantaged individuals are those who 
        have been subjected to racial or ethnic prejudice or 
        cultural bias because of their identity as a member of 
        a group without regard to their individual qualities.
          (3) Economically disadvantaged individuals are those 
        socially disadvantaged individuals whose ability to 
        compete in the free enterprise system has been impaired 
        due to diminished capital and credit opportunities as 
        compared to others in the same business area who are 
        not socially disadvantaged. In determining the degree 
        of diminished credit and capital opportunities, the 
        Administrator of the agency shall consider, but not be 
        limited to, the assets and net worth of the socially 
        disadvantaged individual.
    (g) Reports to Congress.--For each of the fiscal years 1990 
and 1991, the Secretary of State shall prepare and submit a 
report concerning the implementation of the pilot program under 
this section to the Committee on Foreign Affairs \29\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.

SEC. 127. REPORT ON REORGANIZATION OF THE DEPARTMENT OF STATE.

    (a) Findings.--The Congress makes the following findings:
          (1) The Department of State is currently reviewing 
        its organizational structure.
          (2) Each of the geographical bureaus deals with a 
        large number of countries and often a broad diversity 
        of cultures, nationalities, and ethnic divisions.
          (3) The territory covered by the Bureau of Near 
        Eastern and South Asian Affairs, for example, stretches 
        from the Atlantic coast of Morocco to the Bay of 
        Bengal, includes twenty-five countries, more than a 
        billion people, a number of regional disputes, and 
        several cultural and linguistic divisions. The Bureau 
        of Inter-American Affairs has within its jurisdiction 
        thirty-three countries, including Mexico, the nations 
        of the Caribbean Basin, and Central and South America.
          (4) Among the most pressing international issues is 
        the prospect for global warming. Over the next few 
        years, American leadership at the international level 
        will be crucial to worldwide efforts to ensure that 
        global warming does not occur. The Department of State 
        will need to consider appropriate steps to prepare for 
        the leadership role of the United States.
          (5) The United States continues to face a foreign 
        intelligence threat, including the danger to United 
        States diplomatic missions. The Department of State 
        will need to improve its ability to detect and prevent 
        intelligence penetration of United States missions 
        abroad.
    (b) Report.--Not later than 120 days after the date of 
enactment of this Act \30\ the Secretary of State shall submit 
to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \29\ of the House of 
Representatives a report assessing the advisability of 
reorganization of its regional and functional bureaus. The 
report shall include, but not be limited to, an assessment of 
the advisability of two bureaus to cover the present 
responsibilities of the Bureau of Inter-American Affairs, an 
Office of Diplomatic Security to be headed by an Under 
Secretary-level Director of Diplomatic Security, and an Office 
of Global Warming within the Bureau of Oceans, International 
Environmental and Scientific Affairs. The report shall also 
include an assessment of the advisability of transferring the 
jurisdictional responsibility for the Organization of American 
States from the Bureau of International Organizations to the 
Bureau of Inter-American Affairs, and of creating a high-level 
coordinator for United States policy toward Mexico. In the 
context of the report required by this subsection, it is the 
sense of the Congress that the Secretary of State should give 
serious consideration to the establishment of a Bureau of South 
Asian Affairs within the Department of State.
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    \30\ Sec. 320(b)(1) of Public Law 101-302 (104 Stat. 247) struck 
out ``February 3, 1990'' and inserted in lieu thereof ``120 days after 
the date of enactment of this Act''.
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          * * * * * * *

         PART C--DIPLOMATIC IMMUNITY, RECIPROCITY, AND SECURITY

SEC. 131. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN SERIOUS CRIMINAL 
                    OFFENSES COMMITTED IN THE UNITED STATES.

          * * * * * * *
    (d) Report Concerning Compensation and Diplomatic 
Immunity.--(1) Not later than 180 days after the date of 
enactment of this Act, the Secretary of State shall prepare and 
submit to the appropriate committees of the Congress a report 
which considers the need and feasibility of establishing a 
program which makes compensation awards to United States 
citizens and permanent resident aliens in the United States for 
physical injury or financial loss which is the result of 
criminal activity reasonably believed to have been committed by 
individuals with immunity from criminal jurisdiction as a 
result of international obligations of the United States 
arising from multilateral agreements, bilateral agreements, or 
otherwise under international law.
    (2) Together with such other information as the Secretary 
of State considers appropriate, the report shall include--
          (A) a plan and feasibility analysis for the 
        establishment of such a program, including--
                  (i) specific recommendations for funding, 
                administration, and procedures and standards 
                for compensation and payment of awards; and
                  (ii) particular consideration of the 
                feasibility of an appeals mechanism;
          (B) an assessment of--
                  (i) the feasibility of establishing a fund;
                  (ii) the availability of existing accounts; 
                or
                  (iii) other sources of funding for the 
                program; and
          (C) consideration of other possible mechanisms for 
        compensation or reimbursement, including direct 
        compensation by the individual with immunity from 
        criminal jurisdiction or by the sending country of that 
        individual.
          * * * * * * *

SEC. 134.\31\ * * * [REPEALED--1993]
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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;
---------------------------------------------------------------------------
    \38\ Sec. 141(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), struck 
out ``and'' and inserted in lieu thereof ``or''.
---------------------------------------------------------------------------
                  (E) with respect to the contract under 
                subsection (c), has achieved a total business 
                volume equal to or greater than the value of 
                the project being bid in 3 years of the 5-year 
                period before the date specified in 
                subparagraph (C);
                  (F)(i) employs United States citizens in at 
                least 80 percent of its principal management 
                positions in the United States; and
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States; and
                  (G) has the existing technical and financial 
                resources in the United States to perform the 
                contract;
          (2) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons owns at least 51 percent of the 
        assets of the joint venture; \39\
---------------------------------------------------------------------------
    \39\ Sec. 141(2)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), struck 
out ``and'' at the end of para. (2); sec. 141(2)(D) of that Act struck 
out the period at the end of para. (3) and inserted instead ``; and''.
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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--
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 3941 note.
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          (1) identify any cultural, racial, ethnic, and sexual 
        bias;
          (2) evaluate the ability of the examination to 
        measure an individual's aptitude for and potential in 
        the Foreign Service;
          (3) consider the relevance of the Foreign Service 
        examination to the work of a Foreign Service officer;
          (4) make recommendations for the removal of any 
        element of bias in the examination; and
          (5) make recommendations for improvements to achieve 
        an examination free of any bias.
Not more than 18 months after the date of the enactment of this 
Act, the Secretary of State shall prepare and submit a report 
to the Congress which contains the findings of such review and 
evaluation, together with the comments of the Secretary and 
measures which the Secretary has initiated to respond to any 
adverse findings of such review. Such report shall take into 
consideration the current efforts by the Department of State to 
review its Foreign Service examination.
    (h) \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.
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    \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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \58\ 22 U.S.C. 4001 note.
---------------------------------------------------------------------------
          (1) only promote candidates to the Senior Foreign 
        Service who have demonstrated foreign language 
        proficiency in at least one language at the General 
        Professional Speaking Proficiency level, as defined by 
        the Foreign Service Institute; \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]
---------------------------------------------------------------------------

    \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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                     PART C--VOICE OF AMERICA \62\

          * * * * * * *
---------------------------------------------------------------------------
    \62\ For text of freestanding provisions in this part relating to 
the Voice of America, see page 1506.
---------------------------------------------------------------------------

              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.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \64\

          * * * * * * *
---------------------------------------------------------------------------
    \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);
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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);
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (3) \66\ $450,000 for the fiscal year 1990 shall be 
        available to support United States participation in the 
        World Heritage Convention; and
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

SEC. 405.\69\ * * * [REPEALED--1991]
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \73\ 8 U.S.C. 1102 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \75\ Sec. 412 amended various Public Laws relating to the 
International Boundary and Water Commission, United States and Mexico.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\

          * * * * * * *
---------------------------------------------------------------------------
    \80\ Title V amended sec. 404 of the Asia Foundation Act (Public 
Law 98-164).
---------------------------------------------------------------------------

                TITLE VI--INTER-AMERICAN FOUNDATION \81\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

        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''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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:
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  ``(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
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    ``(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.
---------------------------------------------------------------------------
    (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.
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    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
  (b) Table of Contents.--The table of contents for this Act is 
as follows: * * *

                    TITLE I--THE DEPARTMENT OF STATE

    PART A--AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS OF FUNDS; 
                              RESTRICTIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

  (a) Diplomatic and Ongoing Operations.--The following amounts 
are authorized to be appropriated under ``Administration of 
Foreign Affairs'' for the Department of State to carry out the 
authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States:
          (1) \2\ For ``Salaries and Expenses'' of the 
        Department of State (other than the Diplomatic Security 
        Program), $1,431,908,000 for the fiscal year 1988 and 
        $1,460,546,000 for the fiscal year 1989, of which not 
        less than $250,000 for each fiscal year shall be 
        available only for use by the Bureau of International 
        Communications and Information Policy to support 
        international institutional development and other 
        activities which promote international communications 
        and information development.
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    \2\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Salaries and Expenses'': 
$1,694,000,000. It further stated that none of these funds should be 
available for the Office of Public Diplomacy for Latin America and the 
Caribbean.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $1,784,000,000.
---------------------------------------------------------------------------
          (2) \3\ For ``Acquisition and Maintenance of 
        Buildings Abroad'' (other than the Diplomatic Security 
        Program), $313,124,000 for the fiscal year 1988 and 
        $319,386,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \3\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Acquisition and Maintenance of 
Buildings Abroad'': $313,100,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $240,021,000.
---------------------------------------------------------------------------
          (3) \4\ For ``Representation Allowances'', $4,460,000 
        for the fiscal year 1988 and $4,549,000 for the fiscal 
        year 1989.
---------------------------------------------------------------------------
    \4\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Representation Allowances'': 
$4,500,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,590.000.
---------------------------------------------------------------------------
          (4) \5\ For ``Emergencies in the Diplomatic and 
        Consular Service'', $4,000,000 for the fiscal year 1988 
        and $4,080,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \5\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Emergencies in the Diplomatic and 
Consular Service'': $4,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,500,000.
---------------------------------------------------------------------------
          (5) \6\ For ``Payment to the American Institute in 
        Taiwan'', $9,379,000 for the fiscal year 1988 and 
        $9,567,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \6\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Payment to the American Institute in 
Taiwan'': $11,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $10,890,000.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (1) \9\ $193,188,000 for the fiscal year 1988 and 
        $193,188,000 for the fiscal year 1989 shall be 
        available only for the United States assessed 
        contribution to the United Nations;
---------------------------------------------------------------------------
    \9\ In making appropriations for fiscal year 1988, the Department 
of State Appropriation Act, 1988 (sec. 101(a) of the Continuing 
Appropriations for 1988; Public Law 100-202; 101 Stat. 1329), waived 
sec. 102(a)(1) through (11). These 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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \14\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for the ``International Joint Commission'' 
and the ``International Boundary Commission'': $4,316,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,316,000.
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          (3) \14\ For ``International Joint Commission'', 
        $2,979,000 for the fiscal year 1988 and $3,039,000 for 
        the fiscal year 1989.
          (4) \15\ For ``International Fisheries Commissions'', 
        $10,800,000 for the fiscal year 1988 and $11,016,000 
        for the fiscal year 1989.
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    \15\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``International Fisheries 
Commissions'': $10,548,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $10,548,000.
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SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

  (a) \16\ Authorization of Appropriations.--There are 
authorized to be appropriated to the Department of State under 
``Migration and Refugee Assistance'', $336,750,000 for the 
fiscal year 1988 and $343,485,000 for the fiscal year 1989 in 
order to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States with respect to migration and refugee assistance.
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    \16\ The Foreign Operations, Export Financing and Related Programs 
Appropriations Act, 1988 (sec. 101(e), title III, of the Continuing 
Appropriations for 1988; Public Law 100-202), provided the following 
for ``Migration and Refugee Assistance'': $346,450,000, earmarked for 
several specific programs. The Dire Emergency Supplemental 
Appropriations Act, 1988 (Public Law 100-393; 102 Stat. 973), provided 
$24,000,000 for the ``United States Emergency Migration and Refugee 
Assistance Fund'', not less than $6,000,000 of which was earmarked for 
Soviet and other Eastern European refugees.
    The Foreign Operations, Export Financing and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268-14), 
provided $361,950,000 for ``Migration and Refugee Assistance'', 
earmarked for several specific programs, and provided $50,000,000 for 
the ``United States Emergency Refugee and Migration Assistance Fund'', 
not less than $23,000,000 of which was earmarked for Afghan refugees.
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  (b) Allocation of Funds.--Of the amounts authorized to be 
appropriated by subsection (a)--
          (1) $25,000,000 for the fiscal year 1988 and 
        $25,000,000 for the fiscal year 1989 shall be available 
        only for assistance for refugees resettling in Israel; 
        and
          (2) $5,000,000 for the fiscal year 1988 and 
        $5,000,000 for the fiscal year 1989 shall be available 
        only for the United Nations High Commissioner for 
        Refugees and other international relief organizations 
        for the protection of, and improvements in educational, 
        nutritional, and medical assistance for, the 
        Indochinese refugees in Thailand, of which $1,000,000 
        for the fiscal year 1988 and $1,000,000 for the fiscal 
        year 1989 shall be used only for such educational 
        purposes.

SEC. 105.\17\ OTHER PROGRAMS.

  There are authorized to be appropriated to the Department of 
State for the following programs:
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    \17\ The Department of State Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2204), provided for the programs listed here, and 
for ``Payment to the Asia Foundation'': $13,700,000; and for the 
``Fishermen's Guaranty Fund'': $1,725,000.
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          (1) \18\ ``Bilateral Science and Technology 
        Agreements'', $1,900,000 for the fiscal year 1988 and 
        $1,938,000 for the fiscal year 1989.
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    \18\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Bilateral Science and Technology 
Agreements'': $1,900,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $2,000,000.
---------------------------------------------------------------------------
          (2) \19\ ``Soviet-East European Research and 
        Training'', $4,600,000 for the fiscal year 1988 and 
        $5,000,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \19\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Soviet-East European Research and 
Training'': $4,600,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,600,000.
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SEC. 106. REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN 
                    AUTHORIZATIONS.

  If the amount appropriated for a fiscal year pursuant to any 
authorization of appropriations provided by this Act is less 
than the authorization amount and a provision of this Act 
provides that a specified amount of the authorization amount 
shall be available only for a certain purpose, then the amount 
so specified shall be deemed to be reduced for that fiscal year 
to the amount which bears the same ratio to the specified 
amount as the amount appropriated bears to the authorization 
amount.

SEC. 107. TRANSFER OF FUNDS.

  (a) Transfers for Salaries and Expenses.--The Secretary of 
State may transfer, without regard to section 1502 of title 31, 
United States Code, to the ``Salaries and Expenses'' account of 
the Department of State amounts appropriated for any fiscal 
year prior to fiscal year 1989 under ``Acquisition and 
Maintenance of Buildings Abroad'' which are allocated for 
capital programs. Any transfer under this subsection shall be 
treated as a reprogramming for purposes of section 34 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 
2706).
  (b) Limitations.--
          (1) Subsection (a) shall not apply to amounts 
        appropriated for purposes of the diplomatic security 
        program under section 401(a) of the Diplomatic Security 
        Act (22 U.S.C. 4851).
          (2) The aggregate of--
                  (A) the amounts transferred under this 
                section for a fiscal year, and
                  (B) the amounts appropriated for ``Salaries 
                and Expenses'' for that fiscal year,
        may not exceed the amount authorized to be appropriated 
        for ``Salaries and Expenses'' for that fiscal year.
          (3) The authority contained in subsection (a) may be 
        exercised only to such extent or in such amounts as are 
        provided in advance in appropriation Acts.

SEC. 108. COMPLIANCE WITH PRESIDENTIAL-CONGRESSIONAL SUMMIT AGREEMENT 
                    ON DEFICIT REDUCTION.

  Notwithstanding the specific authorizations of appropriations 
contained in this Act, budget authority may not be provided 
pursuant to those authorizations in an amount which would cause 
the aggregate amount of discretionary budget authority provided 
for international affairs (budget function 150) for a fiscal 
year to exceed the amount of discretionary budget authority for 
international affairs for that fiscal year as specified in laws 
implementing the agreement between the President and the joint 
Congressional leadership on November 20, 1987.

SEC. 109. PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES.

  No funds authorized to be appropriated by this Act or by any 
other Act authorizing funds for any entity engaged in any 
activity concerning the foreign affairs of the United States 
shall be used--
          (1) for publicity or propaganda purposes designed to 
        support or defeat legislation pending before Congress;
          (2) to influence in any way the outcome of a 
        political election in the United States; or
          (3) for any publicity or propaganda purposes not 
        authorized by Congress.

SEC. 110.\20\ LATIN AMERICAN AND CARIBBEAN DATA BASES.

  (a) Authorization.--The Secretary of State, in consultation 
with the heads of appropriate departments and agencies of the 
United States, shall use not less than $1,300,000 of the funds 
authorized to be appropriated for each of the fiscal years 1988 
and 1989 by section 101(a)(1) of this Act to provide for the 
establishment of a Latin American and Caribbean Data Base.
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    \20\ In appropriating funds for ``Salaries and Expenses'', the 
Department of State Appropriation Act, 1988 (sec. 101(a) of the 
Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 
1329), and the Department of State Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2204), waived sec. 110 for fiscal years 1988 and 
1989.
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  (b) Conditions.--In developing these data bases the Secretary 
of State shall be required to satisfy the following conditions:
          (1) Any new agreement for an on-line bibliographic 
        data base entered into for purposes of this section 
        shall be subject to full and open competition or merit 
        review among qualified United States institutions with 
        strong Latin American and Caribbean programs.
          (2) The Secretary shall ensure that funds are not 
        awarded to maintain services which are significantly 
        duplicative of existing services.

    PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN 
                                MISSIONS

          * * * * * * *

SEC. 122.\21\ * * * [REPEALED--1991]
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    \21\ Formerly at 22 U.S.C. 2656 note. Sec. 122, relating to 
consular and diplomatic posts abroad, was repealed by sec. 112(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 105 Stat. 655).
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SEC. 123.\22\ * * * [REPEALED--1990]
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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.
---------------------------------------------------------------------------
    \28\ Sec. 305 of the Department of State Appropriations Act, 1989 
(Public Law 100-459; 102 Stat. 2208), waived sec. 414 of the Diplomatic 
Security Act, and provided the following:
    ``such funds * * * may be hereafter obligated or expended for site 
acquisition, development, and construction of two new diplomatic 
facilities in Israel, Jerusalem, or the West Bank, provided that each 
facility (A) equally preserves the ability of the United States to 
locate its Ambassador or its Consul General at that site, consistent 
with United states policy; (B) shall not be denominated as the United 
States Embassy or Consulate until after construction of both facilities 
has begun, and construction of one facility has been completed, or is 
near completion; and (C) unless security considerations require 
otherwise, commences operation simultaneously.''.
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SEC. 131. PURCHASING AND LEASING OF RESIDENCES.

  It is the sense of the Congress that in its fiscal year 1989 
budget presentations to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs \24\ of the 
House of Representatives, the Department of State shall provide 
sufficient information on the advantages and disadvantages of 
purchasing rather than leasing residential properties to enable 
the Congress to determine the specific amount of savings that 
would or would not be achieved by purchasing such properties. 
The Department also shall make recommendations to the Congress 
on the purchasing and leasing of such properties.

SEC. 132.\29\ PROHIBITION ON ACQUISITION OF HOUSE FOR SECRETARY OF 
                    STATE

  The Department of State shall not solicit or receive funds 
for the construction, purchase, lease or rental of, nor any 
gift or bequest of real property or any other property for the 
purpose of providing living quarters for the Secretary of 
State.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2697 note.
---------------------------------------------------------------------------

SEC. 133.\30\ UNITED STATES DEPARTMENT OF STATE FREEDOM OF EXPRESSION.

  (a) Finding.--Congress finds that the United States 
Department of State, on September 15, 1987, declared itself to 
be a temporary foreign diplomatic mission for the purpose of 
denying free speech to American citizens who planned to protest 
the tyranny of the Soviet regime.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 4301 note.
---------------------------------------------------------------------------
  (b) Prohibition.--It is not in the national security interest 
of the United States for the Department of State to declare, 
and it shall not declare, itself to be a foreign diplomatic 
mission.

SEC. 134.\31\ * * *

          * * * * * * *
---------------------------------------------------------------------------
    \31\ Sec. 134 repealed subsec. 413(b) of the Diplomatic Security 
Act (Public Law 99-399; 100 Stat. 853) which had established an Office 
of Policy and Program Review in the Department of State.
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SEC. 137. STUDY AND REPORT CONCERNING THE STATUS OF INDIVIDUALS WITH 
                    DIPLOMATIC IMMUNITY IN THE UNITED STATES.

  (a) Study.--The Secretary shall undertake a study of the 
minimum liability insurance coverage required for members of 
foreign missions and their families and the feasibility of 
requiring an increase in such minimum coverage. In conducting 
such study, the Secretary shall consult with members of the 
insurance industry, officials of State insurance regulatory 
bodies, and other experts, as appropriate. The study shall 
consider the following:
          (1) The adequacy of the currently required insurance 
        minimums, including the experiences of injured parties.
          (2) The feasibility and projected cost of increasing 
        the current minimum coverages to $1,000,000 or some 
        lesser amount in the commercial insurance market, 
        including consideration of individual umbrella policies 
        to provide additional coverage above the current 
        minimum.
          (3) The feasibility and cost of requiring additional 
        coverage up to $1,000,000 through a single group 
        insurance arrangement, administered by the Department, 
        providing umbrella coverage for the entire class of 
        foreign officials who are immune from the jurisdiction 
        of the United States.
          (4) The consequences to United States missions 
        abroad, including their costs of operation, that might 
        reasonably be anticipated as a result of requiring an 
        increase in the insurance costs of foreign missions in 
        the United States.
          (5) Any other issues and recommendations the 
        Secretary may consider appropriate.
  (b) Report.--The Secretary shall compile a report to the 
Congress concerning the problem arising from diplomatic 
immunity from criminal prosecution and from civil suit. The 
report shall set forth the background of the various issues 
arising from the problem, the extent of the problem, an 
analysis of proposed and other potential measures to address 
the problem (including an analysis of the costs associated with 
and difficulties of implementing the various proposals), 
consider the potential and likely impact upon United States 
diplomatic personnel of actions in other nations that are 
comparable to such proposals, and make recommendations for 
addressing the problem with respect to the following:
          (1) The collection of debts owed by foreign missions 
        and members of such missions and their families to 
        individuals and entities in the United States.
          (2) A detailed catalog of incidents of serious 
        criminal offenses by persons entitled to immunity under 
        the Vienna Convention on Diplomatic Relations and other 
        treaties to assist in developing an understanding of 
        the extent of the problem.
          (3) The feasibility of having the Department of State 
        develop and periodically submit to the Congress a 
        report concerning--
                  (A) serious criminal offenses committed in 
                the United States by individuals entitled to 
                immunity from the criminal jurisdiction of the 
                United States; and
                  (B) delinquency in the payment of debts owed 
                by foreign missions and members of such 
                missions and their families to individuals and 
                entities in the United States.
          (4) Methods for improving the education of law 
        enforcement officials on the extent of immunity 
        provided to members of foreign missions and their 
        families under the Vienna Convention on Diplomatic 
        Relations and other treaties.
          (5) Proposals to assure that law enforcement 
        officials fully investigate, charge, and institute and 
        maintain prosecution of members of foreign missions and 
        their families to the extent consistent with the 
        obligations of the United States under the Vienna 
        Convention on Diplomatic Relations and other treaties.
          (6) The extent to which existing practices regarding 
        the circumstances under which diplomatic visas under 
        section 101(a)(15)(A) of the Immigration and 
        Nationality Act are issued and revoked are adequate to 
        ensure the integrity of the diplomatic visa category.
          (7) The extent to which current registration and 
        documentation requirements fully and accurately 
        identify individuals entitled to diplomatic immunity.
          (8) The extent to which the Department of State is 
        able to identify diplomats allegedly involved in 
        serious crimes in the United States so as to initiate 
        their removal from the United States and the extent to 
        which existing law may be inadequate to prevent the 
        subsequent readmission of such individuals under 
        nonimmigrant and immigrant categories unrelated to 
        section 101(a)(15)(A) of the Immigration and 
        Nationality Act.
          (9) A comparison of the procedures for the issuance 
        of visas to diplomats from foreign nations to the 
        United States and international organizations with the 
        procedures accorded to United States diplomats to such 
        nations and to international organizations in such 
        nations, and recommendations to achieve reciprocity in 
        such procedures.
          (10)(A) A review of the definition of the term 
        ``family'' under the Diplomatic Relations Act.
          (B) An evaluation of the effect of amendments to the 
        term ``family'' on the number of persons entitled to 
        diplomatic immunity in the United States.
          (C) An evaluation of the potential effect of various 
        amendments to the term ``family'' under the Diplomatic 
        Relations Act on the number of serious criminal 
        offenses committed in the United States by members of 
        foreign missions and their families entitled to 
        immunity from the criminal jurisdiction of the United 
        States.
          (11) An examination of all possible measures to 
        prevent the use of diplomatic pouches for the illicit 
        transportation of narcotics, explosives, or weapons.
          (12) An examination of the considerations in 
        establishing a fund for compensating the victims of 
        crimes committed by persons entitled to immunity from 
        criminal prosecution under the Vienna Convention on 
        Diplomatic Relations and other treaties, including the 
        feasibility of establishing an insurance fund financed 
        by foreign missions.
  (c) Congress.--Not more than 90 days after the date of 
enactment of this Act, the findings and recommendations of the 
study under subsection (a) and the report under subsection (b) 
shall be submitted to the Committee on the Judiciary and the 
Committee on Foreign Relations of the Senate and the Committee 
on the Judiciary and the Committee on Foreign Affairs \24\ of 
the House of Representatives.

SEC. 138.\32\ FEDERAL JURISDICTION OF DIRECT ACTIONS AGAINST INSURERS 
                    OF DIPLOMATIC AGENTS.

  (a) Period of Liability.--Section 1364 of title 28, United 
States Code, is amended by inserting after ``who is'' the 
following: ``, or was at the time of the tortious act or 
omission,''.
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    \32\ The amended part of sec. 1364 of title 28, U.S.C., read as 
follows (with new language in brackets):
    ``(a) The district courts shall have original and exclusive 
jurisdiction, without regard to the amount in controversy, of any civil 
action commenced by any person against an insurer who by contract has 
insured an individual, who is [or was at the time of the tortious act 
or omission] a member of a mission (within the meaning of section 2(3) 
of the Diplomatic Relations Act (22 U.S.C. 254a(3))) or a member of the 
family of such a member of a mission, or an individual described in 
section 19 of the Convention on Privileges and Immunities of the United 
Nations of February 13, 1946, against liability for personal injury, 
death, or damage to property.''.
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  (b) \33\ Application.--The amendment made by subsection (a) 
shall apply to the first tortious act or omission occurring 
after the date of enactment of this Act.
---------------------------------------------------------------------------
    \33\ 28 U.S.C. 1364 note.
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SEC. 139.\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.
---------------------------------------------------------------------------
    \34\ 1 U.S.C. 1126.
---------------------------------------------------------------------------
  (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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (1)(A) \37\ detailed assessments with respect to each 
        foreign country--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
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  (d) Definitions.--As used in this section--
          (1) the term ``international terrorism'' means 
        terrorism involving citizens or the territory of more 
        than 1 country;
          (2) the term ``terrorism'' means premeditated, 
        politically motivated violence perpetrated against 
        noncombatant targets by subnational groups or 
        clandestine agents; \53\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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: * * *
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------

    \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]
---------------------------------------------------------------------------

    \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--
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 4802 note.
---------------------------------------------------------------------------
          (1) selection criteria and screening to ensure 
        suitability for assignment to high intelligence threat 
        countries;
          (2) counterintelligence awareness and related 
        training;
          (3) security reporting and command arrangements 
        designed to counter intelligence threats; and
          (4) length of duty criteria and policies regarding 
        rest and recuperative absences.
  (b) Report to Congress.--Not later than 6 months after the 
date of enactment of this subsection, the Secretary of State 
shall report to the Congress on the special personnel security 
program required by subsection (a).
  (c) Definition.--As used in subsection (a), the term ``high 
intelligence threat country'' means--
          (1) a country listed as a Communist country in 
        section 620(f) of the Foreign Assistance Act of 1961; 
        and
          (2) any other country designated as a high 
        intelligence threat country for purposes of this 
        section by the Secretary of State, the Secretary of 
        Defense, the Director of Central Intelligence, or the 
        Director of the Federal Bureau of Investigation.
          * * * * * * *

SEC. 157.\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.
---------------------------------------------------------------------------
    \61\ 22 U.S.C. 3943 note.
---------------------------------------------------------------------------
  (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''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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\ * * *
---------------------------------------------------------------------------
    \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)).
---------------------------------------------------------------------------
  (b) \74\ * * *
---------------------------------------------------------------------------
    \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)).
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
          (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\ * * *
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 186. DISPOSITION OF PERSONAL PROPERTY ABROAD.

    (a) \80\ * * *
---------------------------------------------------------------------------
    \80\ Subsec. (a) added a new title III to the State Department 
Basic Authorities Act of 1956 (Public Law 84-885; 70 Stat. 890).
---------------------------------------------------------------------------
    (b) Effective Date.--This section shall take effect 180 
days after the date of enactment of this Act.
          * * * * * * *

SEC. 188.\81\ * * *

          TITLE II--THE UNITED STATES INFORMATION AGENCY \82\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

            TITLE III--EDUCATIONAL AND CULTURAL AFFAIRS \83\

          * * * * * * *
---------------------------------------------------------------------------
    \83\ See page 1513 for text of freestanding provisions in this 
title.
---------------------------------------------------------------------------

                    TITLE IV--VOICE OF AMERICA \84\

          * * * * * * *
---------------------------------------------------------------------------
    \84\ See page 1515 for text of freestanding provisions in this 
title.
---------------------------------------------------------------------------

         TITLE V--THE BOARD FOR INTERNATIONAL BROADCASTING \85\

          * * * * * * *
---------------------------------------------------------------------------
    \85\ Most of title V contained amendments to the Board for 
International Broadcasting Act of 1973. For text of freestanding 
provisions, see page 1722.
---------------------------------------------------------------------------

                     TITLE VI--ASIA FOUNDATION \86\

          * * * * * * *
---------------------------------------------------------------------------
    \86\ Title VI amended sec. 404 of the Asia Foundation Act (Public 
Law 98-164).
---------------------------------------------------------------------------

                 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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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\ * * *
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

SEC. 705.\91\ * * *
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
    \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\

          * * * * * * *
---------------------------------------------------------------------------
    \109\ The text of title X, cited as the ``Anti-Terrorism Act of 
1987'', may be found at page 1188.
---------------------------------------------------------------------------

               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\
---------------------------------------------------------------------------
    \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
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    ``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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
    The Secretary of State, with the assistance of the National 
Drug Enforcement Policy Board, shall increase United States 
efforts to negotiate updated extradition treaties relating to 
narcotics offenses with each major drug-producing country, 
particularly those in Latin America.

SEC. 134.\27\ * * * [REPEALED--1991]
---------------------------------------------------------------------------

    \27\ Repealed by sec. 191 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 683), 
sec. 134 recommended that the Secretary of State issue a travel 
advisory warning U.S. citizens of the current dangers of traveling in 
the State of Jalisco, Mexico, site of the 1985 murders of two U.S. Drug 
Enforcement Administration employees and other assaults against U.S. 
citizens.
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SEC. 135. COMMENDATION OF AMBASSADOR TO MEXICO.

    The Congress commends our fine Ambassador to Mexico, John 
Gavin, for insuring a full and complete investigation and 
prosecution of the murders of Enrique Camerena and for his 
continuing advocacy of a strong drug enforcement program.

SEC. 136.\28\ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR 
                    MISSIONS IN THE SOVIET UNION.

    (a) Limitation.--To the maximum extent practicable, 
citizens of the Soviet Union shall not be employed as foreign 
national employees at United States diplomatic or consular 
missions in the Soviet Union after September 30, 1986.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 3943 note. In a memorandum to the Secretary of State 
on October 24, 1991, the President determined ``that implementation of 
section 136(a) of the [Foreign Relations Authorization] Act [, Fiscal 
Years 1986 and 1987] poses undue practical and administrative 
difficulties. Consistent with this determination, you are authorized to 
employ Soviet nationals in nonsensitive areas of the New Embassy 
Compound in Moscow under strict monitoring by cleared Americans. 
Further, I delegate to you the responsibility vested in me by section 
136(b) of the Act to report to the Congress on circumstances relevant 
to this determination. Such responsibility may be redelegated within 
the Department of State.'' (Presidential Determination 92-4 of October 
24, 1991; 56 F.R. 56567, November 6, 1991).
    The Secretary of State, in Department of State Public Notice 1531 
of December 2, 1991 (Delegation of Authority No. 191; 56 F.R. 64830), 
delegated to the Deputy Secretary of State the reporting function 
requested in sec. 136(b).
    Sec. 103(c) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2320), relating to statutory provisions applicable to the Soviet Union, 
provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--* * 
*
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  ``(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.
---------------------------------------------------------------------------
    (b) Definition.--As used in this section, the term 
``respect for freedom of the press'' means that a government--
          (1) allows foreign news correspondents into the 
        country and does not subject them to harassment or 
        restrictions;
          (2) allows nongovernment-owned press to operate in 
        the country; and
          (3) does not subject the press in the country to 
        systematic censorship.

SEC. 139.\30\ EMERGENCY TELEPHONE SERVICE AT U.S. CONSULAR OFFICES.

    It is the sense of the Congress that the Secretary of State 
should ensure that all United States consular offices are 
equipped with 24-hour emergency telephone service through which 
United States citizens can contact a member of the staff of any 
such office. The Secretary should publicize the telephone 
number of each such service for the information of United 
States citizens. Not more than 90 days after the date of the 
enactment of this Act, the Secretary shall submit a report to 
the Congress on steps taken in accordance with this section.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

SEC. 140. RESPONSIBILITIES OF UNITED STATES REPRESENTATIVES TO 
                    INTERNATIONAL ORGANIZATIONS.

    (a) Findings.--The Congress finds that--
          (1) international organizations of which the United 
        States is a member are increasingly involved in the 
        consideration of proposals that may have a significant 
        impact on the interstate or foreign commerce of the 
        United States; and
          (2) these proposals are not always adequately 
        publicized or considered pursuant to open and fair 
        procedures available to interested persons.
    (b) Policy.--It is the sense of the Congress that--
          (1) the United States representatives to United 
        Nations-related agencies and to other international 
        organizations should oppose the adoption of 
        international marketing and distribution regulations or 
        restrictions which unnecessarily impede the export of 
        United States goods and services; and
          (2) the Secretary of State, to the extent 
        practicable, should publish procedures to provide 
        interested persons with timely notice and an 
        opportunity to comment on such regulations and 
        restrictions under consideration in international 
        organizations as the Secretary determines may 
        significantly affect--
                  (A) the interstate or foreign commerce of the 
                United States;
                  (B) the policies or programs of the United 
                States Government; or
                  (C) any State significantly affected by 
                interstate or foreign commerce.
          * * * * * * *

SEC. 143.\31\ * * * [REPEALED--1991]
---------------------------------------------------------------------------

    \31\ Formerly at 22 U.S.C. 287e note. Sec. 143, relating to reform 
in budget decision-making procedures of the United Nations and its 
specialized agencies, was repealed by sec. 162(e) of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138; 105 Stat. 676).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 145. INTERNATIONAL JUTE ORGANIZATION.

    The President is authorized to maintain membership of the 
United States in the International Jute Organization.

SEC. 146.\32\ INTELSAT.

    (a) Policy.--The Congress declares that it is the policy of 
the United States--
---------------------------------------------------------------------------
    \32\ 47 U.S.C. 701 note.
---------------------------------------------------------------------------
          (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]
---------------------------------------------------------------------------

    \37\ Sec. 802 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2329) repealed sec. 147, relating to Soviet and Communist 
disinformation and press manipulation.
---------------------------------------------------------------------------

SEC. 148.\38\ * * * [REPEALED--1993]
---------------------------------------------------------------------------

    \38\ Sec. 904 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2330) repealed sec. 148, expressing the sense of the Congress regarding 
the murder of Major Arthur D. Nicholson, Jr.
---------------------------------------------------------------------------

SEC. 149. INTER-AMERICAN COOPERATION IN SPACE, SCIENCE, AND TECHNOLOGY.

    The Secretary of State shall conduct an in-depth study of 
the feasibility and the economic and political benefits of the 
establishment of a major initiative in Inter-American 
Cooperation in Space, Science, and Technology. Not more than 
one year after the date of the enactment of this Act, the 
Secretary shall submit a report to the Congress on the findings 
of such study and shall include recommendations for 
implementing such an initiative.

SEC. 150. DEPARTMENT OF STATE INSPECTOR GENERAL.

    (a) \39\ * * *
---------------------------------------------------------------------------
    \39\ Subsec. (a) established a Department of State Inspector 
General under the Inspector General Act of 1978.
---------------------------------------------------------------------------
    (b) \40\ Abolishment of the Inspector General of the 
Department of State and the Foreign Service.--Notwithstanding 
section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929), the Inspector General of the Department of State and the 
Foreign Service is hereby abolished.
---------------------------------------------------------------------------
    \40\ Subsec. (b) was substantially amended and restated by sec. 
413(c) of the Omnibus Diplomatic and Antiterrorism Act of 1986 (Public 
Law 99-399; 100 Stat. 868).
---------------------------------------------------------------------------
    (c) Report.--Not later than six months after the date of 
the enactment of this Act, the Secretary of State shall submit 
a report to the Congress on the steps the Secretary has 
undertaken to implement the provisions of the amendment made by 
subsection (a).

SEC. 151.\41\ EMPLOYEES OF THE UNITED NATIONS.

    (a) Initial Report.--Not later than 90 days after the date 
of enactment of this Act, the Secretary of State shall report 
to the Congress on whether, and the extent to which, 
international civil servants employed by the United Nations, 
including those seconded to the United Nations, are required to 
return all or part of their salaries to their respective 
governments. The Secretary shall also include in this report a 
description of the steps taken by the Department of State and 
by the United States Representative to the United Nations to 
correct this practice.
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 287e.
---------------------------------------------------------------------------
    (b) Report on Steps to Correct Practice.--The Secretary of 
State shall determine and report to the Congress on whether 
substantial progress has been made by June 1, 1986, in 
correcting the practice of international civil servants 
employed by the United Nations being required to return all or 
part of their salaries to their respective governments.
    (c) Reduction in Contribution if Substantial Progress Not 
Made.--If the Secretary of State determines pursuant to 
subsection (b) that substantial progress has not been made in 
correcting this practice, the United States shall thereafter 
reduce the amount of its annual assessed contribution to the 
United Nations by the amount of that contribution which is the 
United States proportionate share of the salaries of those 
international civil servants employed by the United Nations who 
are returning any portion of their salaries to their respective 
governments.
    (d) National Taxation.--This section does not apply with 
respect to payments made for purposes of national taxation in 
accordance with formal treaty reservations concerning such 
taxation by a member state of the United Nations.

SEC. 152.\42\ REPRESENTATION OF MINORITIES AND WOMEN IN THE FOREIGN 
                    SERVICE.

    (a) Development of Program.--The head of each agency 
utilizing the Foreign Service personnel system shall develop, 
consistent with section 7201 of title 5 of the United States 
Code, a plan designed to increase significantly the number of 
members of minority groups and women in the Foreign Service in 
that agency.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 3922a. See also sec. 178 of the Foreign Relations 
Authorization Act, Fiscal Years 1995 and 1996 (Public Law 103-236; 108 
Stat. 414); and sec. 2318 of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-829).
---------------------------------------------------------------------------
    (b) Emphasis on Mid-Levels.--Each plan developed pursuant 
to this section shall, consistent with section 7201 of title 5 
of the United States Code, place particular emphasis on 
achieving significant increases in the numbers of minority 
group members and women who are in the mid-levels of the 
Foreign Service.
    (c) \43\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \43\ Subsec. (c) was repealed by sec. 185(c)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1331). It required the head of each agency utilizing 
Foreign Service personnel to report annually to the Congress on the 
plan developed pursuant to sec. 152.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 154.\44\ * * * [REPEALED--1991]
---------------------------------------------------------------------------

    \44\ Sec. 154, relating to damages resulting from delays in the 
construction of the U.S. Embassy in Moscow, was repealed by sec. 
132(h)(2) of the Foreign Relations Authorization Act, Fiscal Years 1992 
and 1993 (Public Law 102-138; 105 Stat. 665).
---------------------------------------------------------------------------

SEC. 155.\45\ * * * [REPEALED--1993]
---------------------------------------------------------------------------

    \45\ Sec. 804 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2329) repealed sec. 155, relating to Soviet and international Communist 
behavior.
---------------------------------------------------------------------------
          * * * * * * *

            TITLE II--UNITED STATES INFORMATION AGENCY \46\

          * * * * * * *
---------------------------------------------------------------------------
    \46\ For freestanding provisions of this title, see page 1519.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \47\

          * * * * * * *
---------------------------------------------------------------------------
    \47\ Title III contained amendments to the Board for International 
Broadcasting Act of 1973. For freestanding provisions of this title, 
see page 1729.
---------------------------------------------------------------------------

                   TITLE IV--THE ASIA FOUNDATION \48\

          * * * * * * *
---------------------------------------------------------------------------
    \48\ Title IV amended sec. 404 of the Asia Foundation Act.
---------------------------------------------------------------------------

                  TITLE V--IRAN CLAIMS SETTLEMENT \49\

          * * * * * * *
---------------------------------------------------------------------------
    \49\ For freestanding provisions of this title, see Legislation on 
Foreign Relations Through 2005, vol. IV, sec. N.
---------------------------------------------------------------------------

 TITLE VI--UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES 
                                  \50\

          * * * * * * *
---------------------------------------------------------------------------
    \50\ For text of this title, see page 1608.
---------------------------------------------------------------------------

              TITLE VII--ARMS CONTROL AND DISARMAMENT \51\

          * * * * * * *
---------------------------------------------------------------------------
    \51\ Title VII contained amendments to the Arms Control and 
Disarmament Act. For freestanding provisions of this title, see vol. 
II-B.
---------------------------------------------------------------------------

               TITLE VIII--MISCELLANEOUS PROVISIONS \52\

          * * * * * * *
---------------------------------------------------------------------------
    \52\ Title VIII amended the National Emergencies Act, the Trading 
With the Enemy Act, and the United States-India Fund for Cultural, 
Educational, and Scientific Cooperation Act. 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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \55\ 55 Stat. 1600.
    \56\ 59 Stat. 1031.
---------------------------------------------------------------------------

SEC. 805.\57\ * * * [REPEALED--1993]
---------------------------------------------------------------------------

    \57\ Sec. 903(c) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2330) repealed sec. 805, relating to treatment in the Soviet 
Union of pentecostals.
---------------------------------------------------------------------------

SEC. 806. DEMOCRACY ON TAIWAN.

    (a) Findings.--The Congress finds that--
          (1) peace has prevailed in the Taiwan Strait since 
        the normalization of relations between the United 
        States and the People's Republic of China;
          (2) the United States expects the future of Taiwan to 
        be settled peacefully and considers a secure Taiwan 
        free from external threat an indispensable element for 
        the island's further democratization and a goal set 
        forth in the Taiwan Relations Act;
          (3) the authorities on Taiwan are striving to achieve 
        greater democracy at the local level;
          (4) an increasing number of native Taiwanese have 
        been appointed to responsible positions at the 
        provincial and national level on Taiwan;
          (5) martial law measures tend to impede progress 
        toward democracy and to abridge guarantees of human 
        rights;
          (6) movement toward greater democracy on Taiwan 
        serves to bolster continued American public support for 
        the moral and legal responsibilities set forth in the 
        Taiwan Relations Act; \58\
---------------------------------------------------------------------------
    \58\ 22 U.S.C. 3301 note.
---------------------------------------------------------------------------
          (7) the United States, in the Taiwan Relations Act, 
        has reaffirmed as a national objective the preservation 
        and enhancement of the human rights of all the people 
        on Taiwan; and
          (8) the United States considers democracy a 
        fundamental human right.
    (b) Sense of Congress.--It is therefore the sense of the 
Congress that--
          (1) one important element of a peaceful future for 
        Taiwan is greater participation in the political 
        process by all the people on Taiwan; and
          (2) accordingly, the United States should encourage 
        the authorities on Taiwan, in the spirit of the Taiwan 
        Relations Act, to work vigorously toward this end.

SEC. 807. INCREASE UNITED STATES-CHINA TRADE.

    (a) Findings.--The Congress finds that--
          (1) the People's Republic of China has made 
        substantial progress in promoting market-oriented 
        practices throughout the Chinese economy;
          (2) the Chinese economy has responded to this 
        increased liberalization with record growth that last 
        year alone resulted in increases in the real gross 
        national product of an estimated 13 percent;
          (3) this growth has created significant new demand 
        for a vast array of products and services that can be 
        met by American producers;
          (4) United States trade with the People's Republic of 
        China totalled only $6,000,000,000 in 1984 and was 
        again in deficit by more than $50,000,000;
          (5) increased exports are essential to the creation 
        of American jobs and to the vitality of the American 
        economy; and
          (6) the People's Republic of China represents the 
        world's largest potential market.
    (b) Sense of Congress.--It is the sense of the Congress 
that, consistent with overall American foreign policy and 
national security objectives, the Secretary of State and the 
Secretary of Commerce should take appropriate steps to increase 
United States-China trade with a view to improving the trade 
balance, increasing American jobs through export growth, and 
assuring significant United States participation in the growing 
Chinese market.
          * * * * * * *

SEC. 809. REFUGEES IN THAILAND.

    (a) Appreciation for the Response of the Government of 
Thailand.--The Congress recognizes and expresses appreciation 
for the extraordinary willingness of the Government of Thailand 
to respond in a humanitarian way to the influx of refugees 
fleeing Vietnamese communist oppression.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) Cambodians, Laotians, and Vietnamese seeking 
        asylum and refuge in Thailand should not be 
        involuntarily repatriated or otherwise put at risk; and
          (2) every effort should be made to provide increased 
        security for refugees in camps in Thailand which should 
        include an increased presence by international 
        humanitarian organizations.
    (c) Review of Certain Cambodian Refugees.--
          (1) The Secretary of State should--
                  (A) work with the Government of Thailand and 
                the United Nations High Commissioner for 
                Refugees to conduct a review of the status of 
                Cambodians who have not been permitted to 
                register at refugee camps in Thailand; and
                  (B) implement a humanitarian solution to 
                their plight.
          (2) The Secretary of State, with the assistance of 
        appropriate agencies, should conduct a review of those 
        Cambodians who have been rejected for admission to the 
        United States to ensure such decisions are consistent 
        with the letter and spirit of United States refugee and 
        immigration law.
          (3) The Secretary of State, with the assistance of 
        appropriate agencies, should institute as expeditiously 
        as possible a family reunification program for those 
        refugees in Thailand, including those at the border who 
        have family members in the United States.
          (4) The Secretary of State should provide for a 
        program of educational assistance for Cambodians in the 
        border camps and for improved literacy training in all 
        camps.

SEC. 810. POLICY REGARDING FOREIGN EXCHANGE INTERVENTION.

    (a) Findings.--The Congress finds and declares that--
          (1) the trade deficit looms larger than any other 
        threat to the ability of the United States to generate 
        jobs and create economic well-being;
          (2) the trade deficit continues to deteriorate even 
        from the 1984 level of $123,000,000,000;
          (3) the trade deficit will continue to deteriorate 
        until the value of the dollar declines on foreign 
        exchange markets;
          (4) the dollar's rise may slow down but is unlikely 
        to fall sufficiently as a result of Congress' 
        contemplated budget deficit reduction measures;
          (5) the value of the dollar would probably fall under 
        a number of tax reform proposals but industries losing 
        market share due to the exchange rate may not be able 
        to wait for a complete tax package;
          (6) the only remaining timely option for lowering the 
        value of the dollar is intervention in foreign exchange 
        markets by the Secretary of the Treasury or the Federal 
        Reserve Board;
          (7) any such intervention must be strong enough to 
        achieve the intent of the Congress of lowering the 
        dollar's value but sufficiently moderate to prevent a 
        sudden drop in its value;
          (8) any such intervention in order to assure a 
        gradual decline and protect against too large a drop in 
        the value of the dollar, will require coordinated 
        action by the central banks of Europe and Japan as well 
        as the United States; and
          (9) such coordination is especially important to 
        strengthen economic and political ties with the allies 
        of the United States and to promote consistent 
        macroeconomic policies to the mutual benefit of all.
    (b) Sense of Congress.--Therefore, it is the sense of the 
Congress that--
          (1) the Secretary of the Treasury and the Chairman of 
        the Federal Reserve Board, in concert with United 
        States allies and coordinated with the central banks of 
        the Group of Five or other major central banks, should 
        take such steps as are necessary to lower gradually the 
        value of the dollar;
          (2) such steps should not exclude intervention in the 
        foreign exchange markets;
          (3) the Secretary of the Treasury and the Chairman of 
        the Federal Reserve Board should work to ensure that 
        the domestic macroeconomic policies of the United 
        States and its allies are forged to reinforce rather 
        than oppose one another.

SEC. 811. COMMENDING MAYOR TEDDY KOLLEK OF JERUSALEM.

    (a) Findings.--The Congress finds that--
          (1) Mayor Teddy Kollek has worked to promote harmony 
        among all the people of Jerusalem; and
          (2) he has promoted freedom of access to religious 
        shrines for Muslims, Christians, and Jews; and
          (3) through his efforts the aesthetic character of 
        the city has been enhanced.
    (b) Commendation.--Therefore, the Congress commends Mayor 
Kollek for his efforts over the years.

SEC. 812.\59\ JAPAN-UNITED STATES SECURITY RELATIONSHIP AND EFFORTS BY 
                    JAPAN TO FULFILL SELF-DEFENSE RESPONSIBILITIES.

    (a) Findings.--The Congress hereby finds--
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 1928 note. Sec. 139(14) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (c) of this section, which had required 
that the President report annually on Japan's progress toward 
fulfilling its common defense commitment.
---------------------------------------------------------------------------
          (1) the Japan-United States security relationship is 
        the foundation of the peace and security of Japan and 
        the Far East, as well as a major contributor to the 
        protection of the United States and of the democratic 
        freedoms and economic prosperity enjoyed by both the 
        United States and Japan;
          (2) the threats to our two democracies have increased 
        significantly since 1976, principally through the 
        Soviet invasion of Afghanistan, the expansion of Soviet 
        armed forces in the Far East, the invasion of Cambodia 
        by Vietnam, and the instability in the Persian Gulf 
        region as signified by the continuing Iran-Iraq 
        conflict;
          (3) in recognition of these and other threats, the 
        United States has greatly increased its annual defense 
        spending through sustained real growth averaging 8.8 
        percent yearly between fiscal 1981 and 1985, and 
        cumulative real growth of 50 percent in that period;
          (4) the United States Government appreciates the May 
        1981 commitment by the Prime Minister of Japan that, 
        pursuant to the Treaty of Mutual Cooperation and 
        Security of 1960 between Japan and the United States, 
        Japan,\60\ on its own initiative, would seek to make 
        even greater efforts for improving its defense 
        capabilities, and pursuant to Japan's own Constitution, 
        it was national policy for his country to acquire and 
        maintain the self-defense forces adequate for the 
        defense of its land area and surrounding airspace and 
        sealanes, out to a distance of 1,000 miles;
---------------------------------------------------------------------------
    \60\ 11 UST 1632.
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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]
---------------------------------------------------------------------------

    \61\ Sec. 501(e) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2326) repealed sec. 813, relating to U.S.-Soviet diplomatic 
equivalence and reciprocity.
---------------------------------------------------------------------------

SEC. 814.\62\ UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS 
                    CONTROL.\63\

    (a) Establishment.--There is established the United States 
Senate Caucus on International Narcotics Control (hereafter in 
this section referred to as the ``Caucus'').\63\
---------------------------------------------------------------------------
    \62\ 22 U.S.C. 2291 note.
    \63\ Sec. 306 of the Legislative Branch Appropriations Act, 1986 
(Public Law 99-151; 99 Stat. 808), redesignated the United States 
International Narcotics Control Commission as the United States Senate 
Caucus on International Narcotics Control.
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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.
---------------------------------------------------------------------------
    (f) Report to Senate.--The Caucus \63\ is authorized and 
directed to report to the Senate with respect to the matters 
covered by this section on a periodic basis and to provide 
information to Members of the Senate as requested. For each 
fiscal year for which an appropriation is made the Caucus \63\ 
shall submit to the Congress a report on its expenditures under 
such appropriation.
    (g) Authorization of Appropriations.--(1) There are 
authorized to be appropriated to the Caucus \63\ $370,000 \65\ 
for each fiscal year, to remain available until expended, to 
assist in meeting the expenses of the Caucus \63\ for the 
purpose of carrying out the provisions of this section.
---------------------------------------------------------------------------
    \65\ Sec. 625(a) of Public Law 105-119 (111 Stat. 2522) struck out 
``$325,000'' and inserted in lieu thereof ``$370,000''.
---------------------------------------------------------------------------
    (2) For purposes of section 502(b) of the Mutual Security 
Act of 1954 (22 U.S.C. 1754(b)), the Caucus \63\ shall be 
deemed to be a standing committee of the Senate and shall be 
entitled to the use of funds in accordance with such section.
    (h) Staff.--The Caucus \63\ may appoint and fix the pay of 
such staff personnel as it deems desirable, without regard to 
the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General Schedule 
pay rates.\66\
---------------------------------------------------------------------------
    \66\ 5 U.S.C. 5101 et seq., 5331.
---------------------------------------------------------------------------
    (i) Termination.--The Caucus \63\ shall cease to exist on 
September 30, 2005.\67\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \1\ The Department of State Appropriations Act, 1984 (Public Law 
98-166), appropriated $1,406,497,000 for the ``Administration of 
Foreign Affairs'' during fiscal year 1984, itemized in the following 
manner: salaries and expenses--$1,114,810,000; representation 
allowances--$4,148,000; acquisition, operation, and maintenance of 
buildings abroad--$160,000,000; acquisition, operation, and maintenance 
of buildings abroad (special foreign currency program)--$10,012,000; 
emergencies in the diplomatic and consular service--$4,356,000; payment 
to the American Institute in Taiwan--$9,380,000; and payment to the 
Foreign Service Retirement and Disability Fund--$103,791,000.
    The Second Supplemental Appropriations Act, 1984 (Public Law 98-
396), for additional amounts provided for ``Administration of Foreign 
Affairs'' during fiscal year 1984.
    \2\ The Department of State Appropriations Act, 1985 (title III of 
Public Law 98-411), appropriated $1,631,721,000 for the 
``Administration of Foreign Affairs'' during fiscal year 1985, itemized 
in the following manner: salaries and expenses--$1,264,901,000; 
reopening consulates--$1,929,000; representation allowances--
$4,500,000; protection of foreign missions and officials--$9,500,000; 
acquisition, operation, and maintenance of buildings abroad--
$211,000,000; acquisition, operation, and maintenance of buildings 
abroad (special foreign currency program)--$19,353,000; emergencies in 
the diplomatic and consular service--$4,000,000; payment to the 
American Institute in Taiwan--$9,800,000; and payment to the Foreign 
Service Retirement and Disability Fund--$106,738,000.
    In addition, sec. 139 of the Continuing Appropriations Act, 1985 
(Public Law 98-473), appropriated $110,200,000 for the ``Administration 
of Foreign Affairs'' during fiscal year 1985, itemized in the following 
manner: salaries and expenses--$81,200,000; acquisition, operation, and 
maintenance of buildings abroad--$28,000,000; and emergencies in the 
diplomatic and consular service (to pay rewards for information 
concerning terrorist acts)--$1,000,000.
---------------------------------------------------------------------------
          (2) For ``International Organizations and 
        Conferences'', $602,343,000 for the fiscal year 1984 
        \3\ and $602,343,000 for the fiscal year 1985.\4\
---------------------------------------------------------------------------
    \3\ The Department of State Appropriations Act, 1984 (Public Law 
98-166), appropriated $595,694,000 for ``International Organizations 
and Conferences'' during fiscal year 1984, itemized in the following 
manner: contributions to international organizations--$520,515,000; 
contributions to international peacekeeping activities--$66,279,000; 
and international conferences and contingencies--$8,910,000.
    The Supplemental Appropriations Act, 1985 (Public Law 99-88), 
appropriated funds for the ``Administration of Foreign Affairs'' in the 
following manner: salaries and expenses--$73,342,000 (plus $12,781,000 
transferred from ``Contributions to International Organizations''); 
acquisition, operation, and maintenance of buildings abroad--
$167,579,000 (plus $2,000,000 for the Special Foreign Currency 
Program); 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.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $23,207,000 
        for the fiscal year 1984 \5\ and $25,355,000 for the 
        fiscal year 1985.\6\
---------------------------------------------------------------------------
    \5\ The Department of State Appropriations Act, 1984 (Public Law 
98-166), appropriated $23,625,000 for ``International Commissions'' 
during fiscal year 1984, itemized in the following manner: 
International Boundary and Water Commission, United States and Mexico 
(salaries and expenses)--$10,651,000 and (construction)--$672,000; 
American sections, international commissions--$3,426,000; and 
international fisheries commissions--$8,876,000.
    Title II of the Second Supplemental Appropriations Act, 1984 
(Public Law 98-396), appropriated additional funds for increased pay 
costs during fiscal year 1984 for ``International Commissions'' as 
follows: International Boundary and Water Commission, United States and 
Mexico--$125,000; and American sections, international commissions--
$38,000.
    \6\ The Department of State Appropriations Act, 1985 (title III of 
Public Law 98-411), appropriated $27,185,000 for ``International 
Commissions'' during fiscal year 1985, itemized in the following 
manner: International Boundary and Water Commission, United States and 
Mexico--$12,000,000 (salaries and expenses) and $2,400,000 
(construction); American sections, international commissions--
$3,685,000; and international fisheries commissions--$9,100,000.
---------------------------------------------------------------------------
          (4) For ``Migration and Refugee Assistance'', 
        $344,500,000 for the fiscal year 1984 \7\ and 
        $326,400,000 for the fiscal year 1985.\8\
---------------------------------------------------------------------------
    \7\ The Foreign Assistance Appropriations Act, 1984 (sec. 101(b)(1) 
of Public Law 98-151), appropriated $323,000,000 for ``Migration and 
Refugee Assistance'' during fiscal year 1984.
    In addition, supplemental funds for migration and refugee 
assistance during fiscal year 1984 were provided in two acts, as 
follows: Supplemental Appropriations, 1984 (Public Law 98-332)--
$7,000,000 for assistance to displaced persons in El Salvador; and 
Second Supplemental Appropriations Act, 1984 (Public Law 98-396)--
$7,650,000, of which $2,000,000 is available for ``International 
disaster assistance'' for medical and medically related assistance for 
Afghan refugees.
    \8\ The Foreign Assistance Appropriations Act, 1985 (sec. 101(g) of 
the Continuing Appropriations Act, 1985; (Public Law 98-473), 
appropriated $325,500,000 for ``Migration and Refugee Assistance'' 
during fiscal year 1985.
    The Supplemental Appropriations Act, 1985 (Public Law 99-88, 99 
Stat 329), transferred 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''.
---------------------------------------------------------------------------
          (5) For ``United States Bilateral Science and 
        Technology Agreements'', $1,700,000 for the fiscal year 
        1984 \9\ and $1,700,000 for the fiscal year 1985.
---------------------------------------------------------------------------
    \9\ The Department of State Appropriations Act, 1984 (Public Law 
98-166), appropriated $1,683,000 for ``United States Bilateral Science 
and Technology Agreements'' during fiscal year 1984.
---------------------------------------------------------------------------

           IMPROVEMENT OF CONSULAR FACILITIES IN MEXICO CITY

    Sec. 103. In addition to the amounts authorized to be 
appropriated by section 102(1) of this Act, there are 
authorized to be appropriated for ``Administration of Foreign 
Affairs'' for the fiscal year 1984, $4,000,000 to be used for 
the purchase of land for and the construction of additional 
consular facilities, and for certain improvements in existing 
consular facilities, at the United States Embassy in Mexico 
City, Mexico.

   ADDITIONAL POSITIONS FOR POLITICAL AND ECONOMIC REPORTING AND FOR 
          INTERNATIONAL COMMUNICATIONS AND INFORMATION POLICY

    Sec. 104. The Secretary of State shall allocate such funds 
as may be necessary of the amounts appropriated to the 
Department of State for the fiscal year 1984 for 
``Administration of Foreign Affairs'' in order to fund 73 
additional positions for political and economic reporting and 
11 additional positions for international communications and 
information policy. The positions funded pursuant to this 
section shall be in addition to the positions which the 
Department was authorized to have in fiscal year 1983 plus the 
number of additional positions which have been requested for 
the Department for the fiscal year 1984.

                    ALTERNATE COMMUNICATIONS CENTER

    Sec. 105. Of the funds authorized to be appropriated under 
paragraph (1) of section 102, not less than $3,000,000 for the 
fiscal year 1984 and not less than $7,000,000 for the fiscal 
year 1985 shall be available only to cover expenses related to 
the establishment in the State of Maryland of an alternative 
communications center for the Department of State in order to 
secure the uninterrupted transmission of communications related 
to the foreign policy and national security interests of the 
United States and of communications of other departments and 
agencies of the United States.

     NATIONAL COMMISSION ON EDUCATIONAL, SCIENTIFIC, AND CULTURAL 
                              COOPERATION

    Sec. 106. (a) Section 5 of the joint resolution entitled 
``Joint Resolution providing for membership and participation 
by the United States in the United Nations Educational, 
Scientific, and Cultural Organization, and authorizing an 
appropriation therefor'', approved July 30, 1946 (22 U.S.C. 
287q), is amended by repealing the eighth sentence.
    (b) Of the amounts authorized to be appropriated for 
``Administration of Foreign Affairs'' by section 102(1) of this 
Act, $250,000 for each of the fiscal years 1984 and 1985 shall 
be available only for the expenses of the secretariat of the 
National Commission on Educational, Scientific, and Cultural 
Cooperation.

               COORDINATING COMMITTEE ON EXPORT CONTROLS

    Sec. 107. Of the funds authorized to be appropriated for 
the fiscal year 1984 under paragraph (2) of section 102, 
$2,000,000 shall be used to modernize the facilities and 
operating procedures of the Coordinating Committee on Export 
Controls. The Congress finds that the executive branch should 
seek cost sharing arrangements with other member countries to 
modernize both the facilities and operations of the 
Coordinating Committee on Export Controls.

                       WORLD HERITAGE TRUST FUND

    Sec. 108. Of the funds authorized to be appropriated by 
paragraph (2) of section 102, not less than $248,500 for each 
of the fiscal years 1984 and 1985 shall be available only for 
the United States contribution to the World Heritage Trust 
Fund.

                       INTERPARLIAMENTARY GROUPS

    Sec. 109. (a) \10\ * * *
---------------------------------------------------------------------------
    \10\ Subsec. (a) amended the Act of July 11, 1956 (22 U.S.C. 
1928e), authorizing U.S. participation in parliamentary conferences of 
the North Atlantic Treaty Organization. For text of this Act, see 
Legislation on Foreign Relations Through 2005, vol. IV, sec. N.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                     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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 287e note.
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          (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.''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \7\ Foreign Assistance and Related Programs Appropriations Act, 
1982 (Public Law 97-121; 95 Stat. 1652), provided the following:
---------------------------------------------------------------------------

``migration and refugee assistance
---------------------------------------------------------------------------

    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for European Migration and the United Nations High Commissioner for 
Refugees; salaries and expenses of personnel and dependents as 
authorized by the Foreign Service Act of 1980, allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; hire of 
passenger motor vehicles; and services as authorized by section 3109 of 
title 5, United States Code, $503,000,000: Provided, That $30,000,000 
of this amount shall be transferred to the Agency for International 
Development to be used only for resettlement services and facilities 
for refugees and displaced persons in Africa: Provided further, That 
$5,000,000 of this amount shall be used for assistance for persons 
displaced by strife in El Salvador as provided in H.R. 3566 as reported 
May 19, 1981: Provided further, That these funds shall be administered 
in a manner that insures equity in the treatment of all refugees 
receiving Federal assistance: Provided further, That no funds herein 
appropriated shall be used to assist directly in the migration to any 
nation in the Western Hemisphere of any person not having a security 
clearance based on reasonable standards to insure against Communist 
infiltration in the Western Hemisphere: Provided further, That not more 
than $7,426,000 of the funds appropriated under this heading shall be 
available for the administrative expenses of the Office of Refugee 
Programs of the Department of State.''.
    \8\ Appropriations for ``Migration and Refugee Assistance'', as 
well as all foreign assistance programs, during fiscal year 1983 are 
included in the Further Continuing Appropriations Act, 1983 (Public Law 
97-377). Under the terms of this Act, appropriations for foreign aid 
are set at the rates and conditions provided in Public Law 97-121, 
Foreign Assistance Appropriations Act of 1982, except for certain 
programs. The exceptions to Public Law 97-121 are stated in the Further 
Continuing Appropriations Act, 1983, which includes the following: 
``$395,000,000 for `Migration and Refugee Assistance' (without applying 
prior year earmarking of funds).'' See footnote 7 above for text of the 
terms and conditions stipulated in Public Law 97-121 for migration and 
refugee assistance.
---------------------------------------------------------------------------

               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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (d) Subsections (a)(3) and (b) shall not be construed as 
limiting United States contributions to the United Nations, or 
its specialized agencies, for projects whose primary purpose is 
to provide humanitarian, educational, developmental, and other 
nonpolitical benefits to the Palestinian people.

      PAYMENT OF ASSESSED CONTRIBUTIONS FOR CERTAIN INTERNATIONAL 
                             ORGANIZATIONS

    Sec. 105. (a) Funds authorized to be appropriated for the 
fiscal year 1982 by paragraph (2) of section 102 of this Act 
shall be used for payment of the entire amount payable for the 
United States contribution for the calendar year 1982 to the 
Organization of American States, to the Pan American Health 
Organization, and to the Inter-American Institute for 
Cooperation on Agriculture.
    (b) Funds authorized to be appropriated for the fiscal year 
1983 by paragraph (2) of section 102 of this Act shall be used 
for payment of the entire amount payable for the United States 
contribution for the calendar year 1983 to the Organization of 
American States, to the Pan American Health Organization, and 
to the Inter-American Institute for Cooperation on Agriculture.
    (c) For purposes of this section, the term ``United States 
contribution'' means the United States assessed contribution to 
the budget of the Organization of American States, the Pan 
American Health Organization, or the Inter-American Institute 
for Cooperation on Agriculture, as the case may be, plus 
amounts required to be paid by the United States or minus 
amounts credited to the United States (as appropriate) under 
that organization's tax equalization program.

                INTERNATIONAL COMMITTEE OF THE RED CROSS

    Sec. 106. Of the amounts authorized to be appropriated by 
paragraph (4) of section 102 of this Act, $1,500,000 shall be 
available for the fiscal year 1982 and $1,500,000 shall be 
available for the fiscal year 1983 only for the International 
Committee of the Red Cross to support the activities of the 
protection and assistance program for ``political'' detainees.

               ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL

    Sec. 107. Of the amounts authorized to be appropriated by 
paragraph (4) of section 102 of this Act, $12,500,000 for the 
fiscal year 1982 and $16,875,000 for the fiscal year 1983 shall 
be available only for assistance for the resettlement in Israel 
of refugees from the Union of Soviet Socialist Republics, from 
Communist countries in Eastern Europe, and from other 
countries.

    united nations educational, scientific and cultural organization

    Sec. 108. (a) The Congress finds that--
          (1) a free press is vital to the functioning of free 
        governments;
          (2) Article 19 of the Universal Declaration of Human 
        Rights provides for the right to freedom of expression 
        and to ``seek, receive, and impart information and 
        ideas through any media and regardless of frontiers'';
          (3) the Constitution of the United Nations 
        Educational, Scientific and Cultural Organization 
        provides for the promotion of ``the free flow of ideas 
        by word and image'';
          (4) the signatories of the Final Act of the 
        Conference on Security and Cooperation in Europe 
        (Helsinki, 1975) pledged themselves ``to facilitate the 
        freer and wider dissemination of information of all 
        kinds, to encourage co-operation in the field of 
        information and the exchange of information with other 
        countries, and to improve the conditions under which 
        journalists from one participating State exercise their 
        profession in another participating State''; and
          (5) government censorship, domination, or suppression 
        of a free press is a danger to free men and women 
        everywhere.
    (b) Therefore, it is the sense of the Congress that the 
United Nations Educational, Scientific and Cultural 
Organization should cease efforts to attempt to regulate news 
content and to formulate rules and regulations for the 
operation of the world press.
    (c) The Congress opposes efforts by some countries to 
control access to and dissemination of news.
    (d) \11\ The President shall evaluate and, not later than 
six months after the date of enactment of this Act, shall 
report to the Congress his assessment of--
          (1) the extent to which United States financial 
        contributions to the United Nations Educational, 
        Scientific and Cultural organization, and the extent to 
        which the programs and activities of that Organization, 
        serve the national interests of the United States;
          (2) the programs and activities of the United Nations 
        Educational, Scientific and Cultural Organization, 
        especially its programs and activities in the 
        communications sector; and
          (3) the quality of United States participation in the 
        United Nations Educational, Scientific and Cultural 
        Organization, including the quality of United States 
        diplomatic efforts with respect to that Organization, 
        the quality of United States representation in the 
        Secretariat of that Organization, and the quality of 
        recruitment of United States citizens to be employed by 
        that Organization.
Such report should include the President's recommendations 
regarding any improvements which should be made in the quality 
and substance of United States representation in the United 
Nations Educational, Scientific and Cultural Organization.

    RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS EDUCATIONAL, 
                  SCIENTIFIC AND CULTURAL ORGANIZATION

    Sec. 109.\12\ (a) None of the funds authorized to be 
appropriated by paragraph (2) of section 102 of this Act or by 
any other Act for ``International Organizations and 
Conferences'' may be used for payment by the United States of 
its contribution toward the assessed budget of the United 
Nations Educational, Scientific and Cultural Organization if 
that organization implements any policy or procedure the effect 
of which is to license journalists or their publications, to 
censor or otherwise restrict the free flow of information 
within or among countries, or to impose mandatory codes of 
journalistic practice or ethics.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 287c note.
---------------------------------------------------------------------------
    (b) Not later than February 1 of each year, the Secretary 
of State shall report to the Congress with respect to whether 
the United Nations Educational, Scientific and Cultural 
Organization has taken any action described in subsection (a) 
of this section.

              BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS

    Sec. 110. In addition to the amounts authorized to be 
appropriated by section 102 of this Act, there are authorized 
to be appropriated to the Secretary of State $3,700,000 for the 
fiscal year 1982 \13\ and $3,700,000 for the fiscal year 1983 
\14\ for payment of the United States share of expenses of the 
science and technology agreements between the United States and 
Yugoslavia and between the United States and Poland.
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    \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.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------

            TITLE III--UNITED STATES INFORMATION AGENCY \20\

          * * * * * * *
---------------------------------------------------------------------------
    \20\ For text of freestanding provisions contained in this title, 
see page 1528.
---------------------------------------------------------------------------

          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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\ Title III amended the Board for International Broadcasting Act 
of 1973.
---------------------------------------------------------------------------

                   TITLE IV--MISCELLANEOUS PROVISIONS

          * * * * * * *

                     CHANGE IN STATUTORY REFERENCE

    Sec. 402. Any reference in any provision of law to the 
Committee on International Relations of the House of 
Representatives shall be deemed to be a reference to the 
Committee on Foreign Affairs of the House of 
Representatives.\10\
---------------------------------------------------------------------------
    \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

     EGYPTIAN-ISRAELI CULTURAL, SCIENTIFIC, AND ECONOMIC RELATIONS

    Sec. 403. It is the sense of the Congress that it should be 
the policy of the United States to promote and encourage 
cultural, scientific, and economic relations between the Arab 
Republic of Egypt and the State of Israel.
          * * * * * * *

             MORATORIUM ON THE COMMERCIAL KILLING OF WHALES

    Sec. 405. (a) The Congress finds and declares that--
          (1) whales are a unique marine resource of great 
        esthetic and scientific interest to mankind and are a 
        vital part of the marine ecosystem;
          (2) the protection and conservation of whales are of 
        particular interest to citizens of the United States;
          (3) in 1971 the Congress adopted resolutions 
        requesting the Secretary of State to negotiate a ten-
        year moratorium on the commercial killing of whales;
          (4) the United States, which effectively banned all 
        commercial whaling by United States nationals in 
        December 1971, has sought an international moratorium 
        on the commercial killing of whales since 1972;
          (5) the United Nations Conference on the Human 
        Environment adopted a resolution in 1972 calling for a 
        ten-year moratorium on commercial whaling;
          (6) the United Nations Governing Council for 
        Environment Programs in 1973 and 1974 confirmed such 
        call for a ten-year moratorium, and the Council 
        continues to support ongoing efforts relating to the 
        whale conservation;
          (7) the International Convention for the Regulation 
        of Whaling, signed in 1946, as implemented by the 
        International Whaling Commission, is not providing 
        adequate protection to whales;
          (8) the data-gathering structure established under 
        the International Whaling Commission has not provided 
        all the available data necessary for sound whale 
        conservation;
          (9) there is strong evidence that the members of the 
        International Whaling Commission continue to import, in 
        some instances in increasing amounts, whale products 
        from countries not members of the Commission; and
          (10) defects in the implementation of the 
        International Convention for the Regulation of Whaling 
        by the International Whaling Commission allow harvests 
        of the declining whale species.
    (b) The Congress urges--
          (1) the International Whaling Commission to agree to 
        a moratorium on the commercial killing of whales; and
          (2) Brazil, Denmark, Iceland, Japan, Norway, the 
        Soviet Union, and the Republic of Korea, as parties to 
        the International Convention for the Regulation of 
        Whaling and which still engage in commercial whaling, 
        and Chile, the People's Republic of China, Peru, 
        Portugal, the Democratic Republic of Korea, Spain, and 
        Taiwan, as countries which are not parties to the 
        Convention and which still engage in commercial 
        whaling, to recognize and comply voluntarily with a 
        moratorium on the commercial killing of whales, as 
        endorsed by the United Nations Conference on the Human 
        Environment and the United Nations Governing Council 
        for Environment Programs.

 PRIVATE SECTOR REPRESENTATIVES ON THE UNITED STATES DELEGATION TO THE 
                 WORLD ADMINISTRATIVE RADIO CONFERENCE

    Sec. 406. The provisions of sections 203, 205, 207, and 208 
of title 18, United States Code, shall not apply to a private 
sector representative on the United States Delegation to the 
World Administrative Radio Conference to be convened in Geneva 
on September 24, 1979, who is specifically designated to speak 
on behalf of or otherwise represent the interest of the United 
States at such Conference with respect to a particular matter, 
if the Secretary of State or his designee certifies that no 
Government employee on the delegation is as well qualified to 
represent United States interests with respect to such matter 
and that such designation serves the national interest. All of 
such representatives shall have on file with the Department of 
State the financial disclosure report required for special 
Government employees.
          * * * * * * *
    Sec. 408.\11\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \11\ Sec. 505(a)(1) of Public Law 97-241 (96 Stat. 298) repealed 
sec. 408. It formerly read as follows:
---------------------------------------------------------------------------

``sanctions against zimbabwe-rhodesia
---------------------------------------------------------------------------

    ``Sec. 408. (a) The Congress finds that--
---------------------------------------------------------------------------

  ``(1) it is in the interest of the United States to encourage the 
development of a multiracial democracy in Zimbabwe-Rhodesia based on both 
majority rule and minority rights;

  ``(2) the elections held in April 1979, in which Zimbabwe-Rhodesians 
approved through elections the transfer of power to a black majority 
government, constituted a significant step toward multiracial democracy in 
Zimbabwe-Rhodesia;

  ``(3) the Government of Zimbabwe-Rhodesia has expressed its willingness 
to negotiate in good faith at an all-parties conference, held under 
international auspices, on all relevant issues;

  ``(4) it is in the foreign policy interest of the United States to 
further continuing progress toward genuine majority rule in Zimbabwe-
Rhodesia and to encourage a peaceful resolution of the conflict; and

  ``(5) the Government of Great Britain, which retains responsibility for 
Zimbabwe-Rhodesia under international law, has not yet taken steps to 
recognize the legality of the new government.
---------------------------------------------------------------------------

    ``(b) In view of these considerations, the President shall--
---------------------------------------------------------------------------

  ``(1) continue United States efforts to promote a speedy end to the 
Rhodesian conflict; and

  ``(2) terminate sanctions against Zimbabwe-Rhodesia by November 15, 1979, 
unless the President determines it would not be in our national interest to 
do so and so reports to the Congress.

``If the President so reports to the Congress, then sanctions shall be 
terminated if the Congress, within 30 calendar days after receiving the 
report under paragraph (2), adopts a concurrent resolution stating in 
substance that it rejects the determination of the President. A concurrent 
resolution under the preceding sentence shall be considered in the Senate 
in accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976 and in the House of 
Representatives in accordance with the procedures applicable to the 
consideration of resolutions of disapproval under section 36(b) of the Arms 
Export Control Act.''.
---------------------------------------------------------------------------

    Pursuant to the authority contained in subsec. (b) of this section, 
the President issued Determination No. 80-6 on November 14, 1979, in 
which he found it to be in the national interest of the United States 
to continue sanctions against Zimbabwe-Rhodesia.
        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--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 292a.
---------------------------------------------------------------------------
          (1) countries in which such buildings are located may 
        be given visible incentives to develop and use local 
        solar energy or other renewable energy resources to 
        reduce dependence upon petroleum and petroleum 
        products;
          (2) markets may be developed for American solar 
        energy systems and components in order to stimulate 
        investment in such systems and components and to reduce 
        the costs of such systems and components to reasonable 
        levels;
          (3) in furtherance of the purpose of section 119 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151q),\2\ cooperation may be developed between the 
        United States and other countries in an effort to 
        develop solar energy or other renewable energy systems 
        within a short period of time; and
---------------------------------------------------------------------------
    \2\ Sec. 119 was repealed in 1980.
---------------------------------------------------------------------------
          (4) equipment which is vital to the operation of 
        sensitive systems within United States missions abroad 
        may be made more reliable and less dependent upon 
        interruptible local energy supplies.
    (b)(1) The Secretary of State shall implement projects for 
the application of solar energy or other forms of renewable 
energy in buildings acquired under subsection (a) of the first 
section of the Foreign Service Buildings Act, 1926.
    (2) The Secretary of State shall select projects under 
paragraph (1) in consultation with the Secretary of Energy. 
Such projects shall apply available solar energy and other 
renewable energy technologies, including those for--
          (A) the heating and cooling of buildings;
          (B) solar thermal electric systems;
          (C) solar photovoltaic conversion systems;
          (D) wind energy systems; and
          (E) systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of 
all such technologies which are feasible for such projects, 
taking into account the resources and environmental conditions 
of the countries in which such projects are to be implemented. 
Upon the request of the Secretary of State, the Secretary of 
Energy shall provide to the Secretary of State any technical 
information or other technical assistance which the Secretary 
of State considers necessary with respect to any such project. 
Any project selected under this section should be similar to 
projects which have been demonstrated by the Department of 
Energy (or any of its predecessor agencies) to be reliable, 
maintainable, and technically feasible.
    (3) Any project selected under this section shall be 
adaptable to the local resources, climatic conditions, and 
economic circumstances of the country in which such project is 
implemented in order that such country will be more likely to 
implement similar projects.
    (4) The Secretary of State shall insure that any project 
selected under this section is demonstrated to, and available 
for inspection by, officials and other citizens of the country 
in which such project is implemented.
    (5) In selecting projects under this section, the Secretary 
of State shall give the priority to projects to be implemented 
in developing countries.
    (c) Whenever any building is constructed under the 
authority contained in the first section of the Foreign Service 
Buildings Act, 1926, the Secretary of State shall insure that 
the planning for such construction takes into account those 
renewable energy systems which are available in the country in 
which the building is to be constructed.
    (d) In addition to amounts otherwise available for such 
purposes, $4,000,000 of the amount authorized to be 
appropriated by section 101(a)(1) of this Act shall be 
available only to carry out the purposes of this section.

               ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL

    Sec. 106. Of the amount authorized to be appropriated by 
section 101(a)(4) of this Act, $25,000,000 shall be available 
only for assistance for the resettlement in Israel of refugees 
from the Union of Soviet Socialist Republics and from Communist 
countries in Eastern Europe.

                   ASSISTANCE FOR REFUGEES IN AFRICA

    Sec. 107. In addition to amounts otherwise available for 
such purpose, $5,000,000 of the amount authorized to be 
appropriated by section 101(a)(4) of this Act shall be 
available only for assistance for refugees in Africa.
          * * * * * * *
    Sec. 115. (a) \3\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \3\ Formerly at 22 U.S.C. 2652a. Sec. 162(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 405), repealed sec. 115(a), which had established an 
Assistant Secretary of State for International Narcotics Matters.
---------------------------------------------------------------------------
          * * * * * * *

     PUBLICATION OF HISTORICAL DOCUMENTS BY THE DEPARTMENT OF STATE

    Sec. 120.\4\ (a) The Congress finds that the Department of 
State publication ``Foreign Relations of the United States'' 
plays an important role in making the documentary record of 
United States foreign relations available to the Congress and 
the American public.
---------------------------------------------------------------------------
    \4\ 44 U.S.C. 1314 note.
---------------------------------------------------------------------------
    (b) The Secretary of State shall therefore insure that 
publication of the ``Foreign Relations of the United States'' 
volumes is continued in such a manner as will maintain the high 
standard of comprehensive documentation already established by 
past volumes.

             ASSISTANCE TO BEREAVED UNITED STATES FAMILIES

    Sec. 121.\5\ The Congress finds that the Department of 
State should, in the performance of its consular duties, render 
all reasonable administrative assistance to a United States 
citizen who is making necessary arrangements following the 
death of another United States citizen abroad.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 1175 note. Sec. 505(a) of Public Law 97-241 (96 Stat. 
299) repealed subsec. (b) of this section which had required a report 
from the Secretary of State describing alternative procedures by which 
the Department of State could provide loans or other forms of 
assistance to a U.S. citizen to facilitate arrangements following the 
death of another U.S. citizen abroad. The Secretary submitted this 
report on 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.
---------------------------------------------------------------------------

                      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.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2842 note.
---------------------------------------------------------------------------
    (b) Therefore, not later than January 20, 1979, the 
President shall transmit to the Speaker of the House of 
Representatives, and to the chairman of the Committee on 
Foreign Relations and the chairman of other appropriate 
committees of the Senate, a report which--
          (1) identifies all statutory provisions which provide 
        for such discriminatory trade practices;
          (2) evaluates each such practice; and
          (3) recommends, in the form of draft legislation, 
        such amendments to those provisions as the President 
        certifies would in his judgment advance United States 
        foreign policy interests.

                    CONDUCT OF DIPLOMATIC RELATIONS

    Sec. 607.\30\ The Congress finds that the conduct of 
diplomatic relations with a foreign government has as its 
principal purpose the discussion and negotiation with that 
government of outstanding issues and, like the recognition of a 
foreign government, does not in itself imply approval of that 
government or of the political-economic system it represents.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 2656 note.
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                       NUCLEAR-POWERED SATELLITES

    Sec. 608.\31\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 2656d note.
---------------------------------------------------------------------------
          (1) no international regime governs the use of 
        nuclear-powered satellites in space;
          (2) the unregulated use of such technology poses the 
        possibility of catastrophic damage to human life and 
        the global environment; and
          (3) this danger has been evidenced by mishaps 
        encountered, despite certain precautions, by nuclear-
        powered satellites of both the United States and the 
        Soviet Union.
    (b) It is therefore the sense of the Congress that the 
United States should take the initiative immediately in seeking 
a multilateral agreement governing the use of nuclear-powered 
satellites in space.
    (c) \32\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \32\ Subsec. (c), which had required a report from the Secretary of 
State on actions taken by the U.S. Government pursuant to subsec. (b), 
was repealed by sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299). The 
Secretary submitted this report on 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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (b) Recognizing the limited direct influence of the United 
States in Cambodia and Uganda, the Congress urges the President 
to move aggressively to support multilateral action by the 
United Nations and other international organizations, and to 
encourage bilateral action by countries having more extensive 
relations with Cambodia and Uganda, to bring an end to the 
brutal and inhumane practices of the governments of those two 
countries.
    (c) \35\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \35\ Subsec. (c), which had required a report from the Secretary of 
State concerning actions taken pursuant to subsec. (b), was repealed by 
sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299). The Secretary 
submitted this report on January 19, 1979.
---------------------------------------------------------------------------
    (d) It is the sense of the Congress that the President 
should--
          (1) prohibit the export of military, paramilitary, 
        and police equipment to Uganda;
          (2) direct that the visa application of any official 
        or employee of the Government of Uganda seeking to 
        enter the United States for the purpose of military, 
        paramilitary, or police training, may be approved by a 
        consular officer only after the appropriate official of 
        the Department of State in Washington has reviewed the 
        application and has determined that the Government of 
        Uganda has demonstrated a proper respect for the rule 
        of law and for internationally recognized human rights; 
        and
          (3) instruct the Permanent Representative of the 
        United States to the United Nations to submit to the 
        Security Council of the United Nations for its 
        consideration a resolution imposing a mandatory arms 
        embargo on Uganda by all members of the United Nations.

      EQUITABLE TREATMENT OF UNITED STATES CITIZENS LIVING ABROAD

    Sec. 611.\36\ The Congress finds that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 1731 note. Sec. 505(a) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section. Subsec. (b), as 
amended by sec. 407(b) of Public Law 96-60, had required a report from 
the President identifying all U.S. statutes and regulations which treat 
U.S. citizens living abroad differently from U.S. citizens living in 
the United States or which may cause competitive disadvantage for 
Americans working abroad relative to the treatment by other major 
trading nations of the world of their citizens who are working abroad. 
The report also required an evaluation of such practices and draft 
legislation to correct any unfair or competitively disadvantageous 
treatment. The President submitted reports pursuant to this requirement 
on August 27, 1979, and January 24, 1980.
---------------------------------------------------------------------------
          (1) United States citizens living abroad should be 
        provided fair and equitable treatment by the United 
        States Government with regard to taxation, citizenship 
        of progeny, veterans' benefits, voting rights, Social 
        Security benefits, and other obligations, rights, and 
        benefits; and
          (2) \37\ United States statutes and regulations 
        should be designed so as not to create competitive 
        disadvantage for individual American citizens living 
        abroad or working in international markets.
---------------------------------------------------------------------------
    \37\ 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.
---------------------------------------------------------------------------
          (1) the United States and Canada share a common 
        environment along a 5,500 mile border;
          (2) the United States and Canada are both becoming 
        increasingly concerned about the effects of pollution, 
        particularly that resulting from power generation 
        facilities, since the facilities of each country affect 
        the environment of the other;
          (3) the United States and Canada have subscribed to 
        international conventions; have joined in the 
        environmental work of the United Nations, the 
        Organization for Economic Cooperation and Development, 
        and other international environmental forums; and have 
        entered into and implemented effectively the provisions 
        of the historic Boundary Waters Treaty of 1909; and
          (4) the United States and Canada have a tradition of 
        cooperative resolution of issues of mutual concern 
        which is nowhere more evident than in the environmental 
        area.
    (b) It is the sense of the Congress that the President 
should make every effort to negotiate a cooperative agreement 
with the Government of Canada aimed at preserving the mutual 
airshed of the United States and Canada so as to protect and 
enhance air resources and insure the attainment and maintenance 
of air quality protective of public health and welfare.
    (c) It is further the sense of the Congress that the 
President, through the Secretary of State working in concert 
with interested Federal agencies and the affected States, 
should take whatever diplomatic actions appear necessary to 
reduce or eliminate any undesirable impact upon the United 
States and Canada resulting from air pollution from any source.

                        CUBAN PRESENCE IN AFRICA

    Sec. 613.\39\ The Congress finds that--
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2370 note. Sec. 505(a) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section which had required a 
report from the President reviewing U.S. diplomatic and economic 
relations with Cuba. The President submitted this report on February 8, 
1979.
---------------------------------------------------------------------------
          (1) the President authorized the exchange of notes of 
        May 30, 1977, between the Governments of the United 
        States and Cuba which established an Interests Section 
        for the United States in the Embassy of Switzerland in 
        Havana and an Interests Section for Cuba in the Embassy 
        of Czechoslovakia in Washington;
          (2) the President has the authority under the Export 
        Administration Act of 1969 to limit trade with Cuba 
        being conducted by subsidiaries of American firms 
        operating in third countries;
          (3) the President has the power to sever all 
        diplomatic and economic relations with Cuba; and
          (4) there has been a sharp increase in the number of 
        Cuban military personnel serving in Africa in the past 
        year.

                        PALESTINIAN RIGHTS UNITS

    Sec. 614. (a) The Congress, noting United Nations General 
Assembly Resolution 3376 (XXX) which established the Committee 
on the Exercise of the Inalienable Rights of the Palestinian 
People and noting United Nations General Assembly Resolutions 
32/40/A and 32/40/B which continued the mandate of that 
Committee and requested that the Secretary General establish 
within the Secretariat of the United Nations a Special Unit on 
Palestinian Rights, declares that--
          (1) the continuation of the Committee on the Exercise 
        of the Inalienable Rights of the Palestinian People and 
        the creation of the Special Unit on Palestinian Rights 
        are wasteful expenditures of limited United Nations 
        resources at a time when the United Nations is 
        experiencing severe financial difficulties and when the 
        United Nations is under close scrutiny from 
        contributing members;
          (2) the work of the Committee on the Exercise of the 
        Inalienable Rights of the Palestinian People does not 
        contribute to the process of peacemaking underway at 
        present in the Middle East; and
          (3) the United States Ambassador to the United 
        Nations should be instructed to continue to oppose 
        extensions of the mandate of that Committee as well as 
        extensions of the Special Unit on Palestinian Rights.
    (b) It is the sense of the Congress that the President 
should direct the Permanent Representative of the United States 
to the United Nations to use all means at his disposal to 
obtain action by the General Assembly terminating the Committee 
on the Exercise of the Inalienable Rights of the Palestinian 
People and the Special Unit on Palestinian Rights.

                  TITLE VII--MISCELLANEOUS PROVISIONS

          * * * * * * *

             CONTRIBUTION TO THE INTERNATIONAL TIN COUNCIL

    Sec. 704. Effective October 1, 1978, there is authorized to 
be appropriated to the President $60,000,000 for the purpose of 
acquiring tin metal to contribute to the buffer stock of the 
International Tin Council established under the Fifth 
International Tin Agreement.

              PROHIBITION ON AID OR REPARATIONS TO VIETNAM

    Sec. 705.\40\ The President shall continue to take all 
possible steps to obtain a final accounting of all Americans 
missing in action in Vietnam.
---------------------------------------------------------------------------
    \40\ 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.
---------------------------------------------------------------------------

                      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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          * * * * * * *
    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).
---------------------------------------------------------------------------
          * * * * * * *
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

               ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL

    Sec. 104. Of the amount authorized to be appropriated by 
section 101(a)(5) of this Act, $20,000,000 shall be available 
only for assistance for the resettlement in Israel of refugees 
from the Union of Soviet Socialist Republics and from Communist 
countries in Eastern Europe.
    Sec. 105.\3\ * * * [Repealed--1985]
---------------------------------------------------------------------------
    \3\ Sec. 105, relating to the U.S. contribution to the 
International Committee of the Red Cross, was repealed by sec. 109(d) 
of Public Law 99-93 (99 Stat. 410).
---------------------------------------------------------------------------
          * * * * * * *

              STRENGTHENING EDUCATIONAL EXCHANGE PROGRAMS

    Sec. 107.\4\ The Congress finds that--
---------------------------------------------------------------------------
    \4\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
Secretary of State on measures taken to strengthen educational exchange 
activities. The Secretary submitted this report on January 3, 1978.
---------------------------------------------------------------------------
          (1) for over thirty years the United States program 
        for the international exchange of teachers and 
        scholars, begun by the Act of August 1, 1946 (60 Stat. 
        754; known as the ``Fulbright Act of 1946''), has 
        contributed significantly to the free flow of knowledge 
        and to greater understanding between the United States 
        and other nations;
          (2) it is in the interest of the United States that 
        this program be strengthened; and
          (3) a still stronger educational exchange program can 
        be attained by--
                  (A) diversifying exchange opportunities so as 
                to assist persons from professional and public 
                life to spend time in an academic setting and 
                to assist teachers and scholars to spend time 
                in professional and other pursuits in the 
                public arena;
                  (B) providing sharper focus to exchange 
                activities by bringing selected grant 
                recipients together for joint work on themes 
                and problems identified as having current 
                significance in international affairs; and
                  (C) lengthening the period of some 
                scholarships to allow work by grant recipients 
                to be phased over more than one location.
    Sec. 108.\5\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \5\ Formerly at 22 U.S.C. 2151n-1. Sec. 139(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 398), repealed sec. 108, which had required that the 
Secretary of State report annually on Americans incarcerated abroad.
---------------------------------------------------------------------------

                     ASSISTANT SECRETARIES OF STATE

    Sec. 109. (a) * * *
    (6) \6\ The individual holding the position of Coordinator 
for Human Rights and Humanitarian Affairs on the date of 
enactment of this section shall assume the duties of the 
Assistant Secretary of State for Human Rights and Humanitarian 
Affairs and shall not be required to be reappointed by reason 
of the enactment of this section.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2384 note. This position has been restated in sec. 
1(c)(2) of the State Department Basic Authorities Act of 1956, as 
amended by sec. 161(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1995 and 1996, as the Assistant Secretary of State for 
Democracy, Human Rights, and Labor.
---------------------------------------------------------------------------
    (7) \7\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \7\ 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.
---------------------------------------------------------------------------
    (b)-(d) * * *

                SAINT LAWRENCE SEAWAY TOLL NEGOTIATIONS

    Sec. 110. (a) There is established an advisory board 
(hereafter in this section referred to as the ``Board'') to 
advise the Secretary of State with respect to the negotiations 
with Canada concerning toll increases on the Saint Lawrence 
Seaway and the Welland Canal.
    (b) The Board shall consist of 15 members appointed by the 
President from among representatives of groups in the Great 
Lakes area which would be affected most directly by increased 
tolls, including port directors, port authorities, maritime 
labor, shipping companies, shippers, and consumers.
    (c)(1) Members of the Board shall each be entitled to 
receive the daily equivalent of the maximum annual rate of 
basic pay in effect for grade GS-15 of the General Schedule for 
each day (including traveltime) during which they are engaged 
in the actual performance of duties vested in the Board.
    (2) While away from their homes or regular places of 
business in the performance of services for the Board, members 
of the Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons 
employed intermittently in the Government service are allowed 
expenses under section 5703 of title 5, United States Code.
    (d) The Board shall cease to exist on the date designated 
by the Secretary of State as the date on which the negotiations 
described in subsection (a) are completed or on September 30, 
1978, whichever date occurs first.

                     LIABILITY OF CONSULAR OFFICERS

    Sec. 111. (a)(1) Sections 1735 and 1736 of the Revised 
Statutes of the United States (22 U.S.C. 1199) are repealed.\8\
---------------------------------------------------------------------------
    \8\ These sections authorized suits against U.S. consular officers 
for damages due to willful neglect or failure to perform any duty 
imposed by law.
---------------------------------------------------------------------------
    (2) The section analysis of chapter two of title XVIII of 
the Revised Statutes of the United States is amended by 
striking out the items relating to sections 1735 and 1736.
    (b) The repeals made by subsection (a) shall not affect 
suits commenced before the date of enactment of this Act.
          * * * * * * *

             TITLE II--UNITED STATES INFORMATION AGENCY \9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\ For text of this title, see page 1537.
---------------------------------------------------------------------------

             TITLE IV--FOREIGN SERVICE AND OTHER PERSONNEL

          * * * * * * *

  SPECIAL ANNUITY FOR CERTAIN OFFICERS SELECTED-OUT FROM THE FOREIGN 
                                SERVICE

Sec. 411.\10\ (a) Subject to the conditions established in 
subsection (b), any Foreign Service officer--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1004 note.
---------------------------------------------------------------------------
          (1) who was retired under section 633(a)(1) of the 
        Foreign Service Act of 1946 before the date of 
        enactment of this section;
          (2) who was not in class 1, 2, or 3 at the time of 
        retirement;
          (3) who was 40 years of age or older at the time of 
        retirement; and
          (4) who had at least 20 years of service, exclusive 
        of credit for unused sick leave, creditable for 
        purposes of section 821 of such Act at the time of 
        retirement;
shall be entitled to receive retirement benefits in accordance 
with the provisions of such section 824 in lieu of any 
retirement benefits which the officer may be entitled to elect 
under section 634(b)(2) of such Act. Such retirement benefits 
shall be paid from the Foreign Service Retirement and 
Disability Fund and shall be effective on the date the officer 
reaches age 50, the date of enactment of this section, or 
October 1, 1977, whichever date is latest.
    (b) Retirement benefits may not be paid under this section 
unless (1) any refund of contributions paid to the officer 
under section 634(b)(2) of the Foreign Service Act of 1946 is 
repaid to the Foreign Service Retirement and Disability Fund, 
with interest, in accordance with sections 811 (d) and (f) of 
such Act; and (2) the service forming the basis for such 
retirement benefits is not used as the basis for any other 
retirement benefits under any retirement system.
    (c) In the event that an officer who is entitled to 
retirement benefits under this section dies before reaching the 
age of fifty, but after the date of enactment of this section, 
his or her death shall be considered a death in service within 
the meaning of section 832 of the Foreign Service Act of 
1946,\11\ except that no survivor's annuity (other than a 
survivor's annuity which would be payable under the first 
complete sentence in section 634(b)(2) of such Act but for the 
enactment of this section) shall become effective before 
October 1, 1977.
---------------------------------------------------------------------------
    \11\ Repealed by the Foreign Service Act of 1980.
---------------------------------------------------------------------------
    (d) An officer entitled to retirement benefits under this 
section may make the election described in section 821 (b) or 
(f), as appropriate, of the Foreign Service Act of 1946 \11\ at 
any time before reaching the age of fifty or before the end of 
the sixty-day period beginning on the date of enactment of this 
section, whichever is later.

            COMPENSATION FOR JUNIOR FOREIGN SERVICE OFFICERS

    Sec. 412. (a)(1) Paragraph (2) of section 5541 of title 5, 
United States Code, is amended-- \12\
---------------------------------------------------------------------------
    \12\ This amendment to 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.
---------------------------------------------------------------------------
          (A) by striking out ``or'' at the end of clause 
        (xii);
          (B) by striking out the period at the end of clause 
        (xiii) and inserting in lieu thereof a semicolon; and
          (C) by adding at the end thereof the following 
        clauses:
                  ``(xiv) a `Foreign Service officer' within 
                the meaning of section 401 of the Foreign 
                Service Act of 1946; or
                  ``(xv) a `Foreign Service information 
                officer' as provided for by the first section 
                of the Act entitled `An Act to promote the 
                foreign policy of the United States by 
                strengthening and improving the Foreign Service 
                personnel system of the International 
                Communication Agency \13\ through establishment 
                of a Foreign Service Information Officer 
                Corps,' approved August 20, 1968''.
---------------------------------------------------------------------------
    \13\ The reference to the International Communication Agency was 
substituted in lieu of a reference to the United States Information 
Agency by sec. 204(b)(5) of Public Law 95-426 (92 Stat. 974). However, 
sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated the Agency as 
the United States Information Agency and directed that any reference to 
the International Communication Agency shall be deemed to refer to the 
United States Information Agency.
---------------------------------------------------------------------------
    (2) The amendments made by paragraph (1) shall take effect 
on October 1, 1978.
    (b) \14\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \14\ Subsec. (b), which had provided for a $250 per annum salary 
increase for Foreign Service officers in classes 5 through 8, was 
repealed by sec. 410 of Public Law 95-426 (92 Stat. 980). Such salary 
increase became effective with pay periods beginning on or after 
October 1, 1978.
---------------------------------------------------------------------------
    Sec. 413.\15\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \15\ Sec. 413 was repealed by sec. 2205(3) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160). For current text 
concerning the employment of family members of Foreign Service 
personnel, see sec. 311 of the Foreign Service Act of 1980.
---------------------------------------------------------------------------

             LANGUAGE TRAINING FOR FOREIGN SERVICE SPOUSES

    Sec. 414.\16\ It is the sense of Congress that, in order to 
increase the effectiveness of United States diplomatic 
representation abroad, the Secretary of State should make 
greater use of his authority under section 701 of the Foreign 
Service Act of 1946 in order to increase the language training 
opportunities available to the family members of Foreign 
Service personnel.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 1041 note. Sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section which had required a 
report from the Secretary of State on increased language training 
opportunity for the families of Foreign Service personnel. The 
Secretary submitted this report on December 20, 1977.
---------------------------------------------------------------------------

                   TITLE V--MISCELLANEOUS PROVISIONS

    Sec. 501.\17\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \17\ Sec. 501, which had required a report from the President 
containing recommendations for reorganizing the international 
information, education, cultural, and broadcasting activities of the 
United States, was repealed by sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299). The President submitted this report on October 31, 1977.
---------------------------------------------------------------------------

                          BELGRADE CONFERENCE

    Sec. 502. The Congress finds that the Belgrade Conference 
to review compliance with the Helsinki Accords provides the 
United States an important forum to press its case for greater 
respect for human rights. Furthermore, the Congress is 
convinced that the emphasis given human rights in general by 
the United States should be translated into concern for 
specific individuals. In this regard, the Congress is 
particularly concerned about the fate of Anatoly Shcharansky 
and urges the United States representatives to the Belgrade 
Conference to express the official concern of the United States 
over the Shcharansky case.

                         UNITED NATIONS REFORM

    Sec. 503.\18\ The United States should make a major effort 
toward reforming and restructuring the United Nations system so 
that it might become more effective in resolving global 
problems. Toward that end, the United States should present a 
program for United Nations reform to the Special United Nations 
Committee on the Charter of the United Nations and on 
Strengthening of the Role of the Organization. In developing 
such a program the United States should give appropriate 
consideration to various possible proposals for reforming the 
United Nations, including but not limited to proposals which 
would--
---------------------------------------------------------------------------
    \18\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
President on recommendations for reform in the United Nations. The 
President submitted this report on March 7, 1978.
---------------------------------------------------------------------------
          (1) adjust decisionmaking processes in the United 
        Nations by providing voting in the General Assembly 
        weighted according to population and contributions and 
        by modifying veto powers on certain categories of 
        questions, such as membership recommendations, in the 
        Security Council;
          (2) foster greater use of the International Court of 
        Justice by the United States and other members of the 
        United Nations;
          (3) supplement United Nations finances through 
        contributions from commerce, services, and resources 
        regulated by the United Nations;
          (4) improve coordination of and expand United Nations 
        activities on behalf of human rights;
          (5) establish more effective United Nations machinery 
        for the peaceful settlement of disputes, including 
        means for the submission of differences to mediation or 
        arbitration;
          (6) adjust assessment scale calculations to reflect 
        more accurately the actual ability of member nations to 
        contribute to the United Nations and its specialized 
        agencies; and
          (7) provide greater coordination of United Nations 
        technical assistance activities by the United Nations 
        Development program.

                INFORMATION OFFICES IN THE UNITED STATES

    Sec. 504. It is the sense of the Congress that any foreign 
country should be allowed to maintain an information office in 
the United States if maintenance of such office is consistent 
with United States law.

                        REPARATIONS FOR VIETNAM

    Sec. 505.\19\ The President shall continue to take all 
possible steps to obtain a final accounting of all Americans 
missing in action in Vietnam.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2151 note. Sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (a) of this section which had prohibited 
the use of any funds authorized to be appropriated by this Act for 
reparations, aid, or any other form of payment to Vietnam.
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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.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $17,069,000.
          (4) For ``Educational Exchange'', $68,500,000.
          (5) For ``Migration and Refugee Assistance'', 
        $28,725,000.\2\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (6) For increases in salary, pay, retirement, and 
        other employee benefits authorized by law, and for 
        other nondiscretionary costs, such amounts as may be 
        necessary.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

                           TRANSFER AUTHORITY

    Sec. 102. Funds authorized to be appropriated for fiscal 
year 1977 by any paragraph of section 101(a) (other than 
paragraph (6)) may be appropriated for such fiscal year for a 
purpose for which appropriations are authorized by any other 
paragraph of such section (other than paragraph (6)), except 
that the total amount appropriated for a purpose described in 
any paragraph of section 101(a) (other than paragraph (6)) may 
not exceed the amount specifically authorized for such purpose 
by section 101(a) by more than 10 per centum.

    CONTRIBUTION TO THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND 
                         CULTURAL ORGANIZATION

    Sec. 103. Notwithstanding the limitation contained in the 
proviso in the paragraph under the subheading ``Contributions 
to International Organizations'' in title I of the Act of 
October 25, 1972 (86 Stat. 1110), and notwithstanding the 
requirements of section 302(h) of the Foreign Assistance Act of 
1961, $3,545,453 of the amount authorized to be appropriated by 
section 101(a)(2) of this Act may be used to complete the 
fiscal year 1975 United States contribution to the United 
Nations Educational, Scientific, and Cultural Organization.
          * * * * * * *

                       RUSSIAN REFUGEE ASSISTANCE

    Sec. 105. In addition to amounts otherwise available, there 
are authorized to be appropriated to the Secretary of State for 
fiscal year 1977 not to exceed $20,000,000 \3\ to carry out the 
provisions of section 101(b) of the Foreign Relations 
Authorizations Act of 1972 \4\ (relating to Russian refugee 
assistance) and to furnish similar assistance to refugees from 
Communist countries in Eastern Europe. None of the funds 
appropriated under this section may be used to resettle 
refugees in any country other than Israel. Amounts appropriated 
under this section are authorized to remain available until 
expended.
---------------------------------------------------------------------------
    \3\ The Foreign Assistance Appropriations Act, 1977, provided: 
``For necessary expenses to carry out the provisions of section 101(b) 
of the Foreign Relations Authorization Act of 1972 and the provisions 
of section 105 of the Foreign Relations Authorization Act, Fiscal Year 
1977, $15,000,000.''.
    \4\ Sec. 101(b) of the Foreign Relations Authorizations Act of 1972 
read as follows: ``The Secretary of State is authorized to furnish, on 
terms and conditions he considers appropriate, assistance to Israel or 
another suitable country, including assistance for the resettlement in 
Israel or such country of Jewish or other similar refugees from the 
Union of Soviet Socialist Republics. There are authorized to be 
appropriated to the Secretary not to exceed $85,000,000 to carry out 
the provisions of this subsection.''.
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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--
---------------------------------------------------------------------------
    \5\ The Supplemental Appropriations Act, 1977 (Public Law 95-26; 91 
Stat. 89), appropriated $10,000,000, ``to remain available until 
expended.''.
---------------------------------------------------------------------------
          (1) promoting, organizing, and conducting such games;
          (2) constructing new and repairing existing athletic 
        and recreational facilities;
          (3) providing lodging, food, and transportation for 
        participants in such games and for related personnel; 
        and
          (4) acquiring necessary material and equipment for 
        such games. Such expenditures shall be subject to such 
        controls and audits as the Comptroller General may 
        prescribe.
    (c) To carry out this section, there is authorized to be 
appropriated to the Secretary of State $12,000,000.\5\
          * * * * * * *

          MEMBERSHIP AUTHORITY FOR INTERNATIONAL ORGANIZATIONS

    Sec. 113. The President is authorized to maintain United 
States membership in the International Cotton Advisory 
Committee, the International Lead and Zinc Study Group, the 
International Rubber Study Group, and the International Seed 
Testing Association.

                              PANAMA CANAL

    Sec. 114. Any new Panama Canal treaty or agreement 
negotiated with funds appropriated under this title must 
protect the vital interests of the United States in the Canal 
Zone and in the operation, maintenance, property, and defense 
of the Panama Canal.

                     INTERNATIONAL JOINT COMMISSION

    Sec. 115. After the date of enactment of this Act, any 
commissioner of the International Joint Commission appointed on 
the part of the United States, pursuant to article VII of the 
treaty between the United States and Great Britain relating to 
boundary waters between the United States and Canada, signed at 
Washington on January 11, 1909 (36 Stat. 2448, TS 548, III 
Redmond 2607), shall be appointed by the President by and with 
the advice and consent of the Senate.
          * * * * * * *
    Sec. 117.\6\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \6\ Sec. 117 was repealed by sec. 2205(4) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 120.\7\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \7\ Sec. 120 was repealed by sec. 2205(4) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------

                             DISCRIMINATION

    Sec. 121.\8\ Information should not be disseminated about 
opportunities for, and there should be no participation or 
other assistance by any officer or employee of the Department 
of State (including the Agency for International Development) 
in, the negotiation of any contract or arrangement with a 
foreign country, individual, or entity, if--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2661a.
---------------------------------------------------------------------------
          (1) any United States person (as defined in section 
        7701(a)(30) of the Internal Revenue Code of 1986) \9\ 
        is prohibited from entering into such contract or 
        arrangement, or
---------------------------------------------------------------------------
    \9\ Sec. 2 of Public Law 99-514 (100 Stat. 2095) redesignated 
``Internal Revenue Code of 1954'' as ``Internal Revenue Code of 1986''.
---------------------------------------------------------------------------
          (2) such contract or arrangement requires that any 
        such person be excluded from participating in the 
        implementation of such contract or arrangement,
on account of the race, religion, national origin, or sex of 
such person in the case of an individual or, in the case of a 
partnership, corporation, association, or other entity, any 
officer, employee, agent, director, or owner thereof.

            TITLE II--UNITED STATES INFORMATION AGENCY \10\

          * * * * * * *
---------------------------------------------------------------------------
    \10\ For text of this title, see page 1541.
---------------------------------------------------------------------------

                        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.
---------------------------------------------------------------------------
          * * * * * * *
        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\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 406 amended the Act of June 28, 1955 (22 U.S.C. 2666), to 
authorize certain officers and employees to carry firearms. The Act of 
June 28, 1955 was subsequently repealed by Public Law 99-93. See 
instead, sec. 37 of the State Department Basic Authorities Act of 1956.
---------------------------------------------------------------------------
          * * * * * * *

                            TITLE V--GENERAL

          * * * * * * *

  UNITED NATIONS COOPERATION REGARDING MEMBERS OF UNITED STATES ARMED 
               FORCES MISSING IN ACTION IN SOUTHEAST ASIA

    Sec. 503.\3\ The President shall direct the United States 
Ambassador to the United Nations to insist that the United 
Nations take all necessary and appropriate steps to obtain an 
accounting of members of the United States Armed Forces and 
United States civilians missing in action in Southeast Asia.
---------------------------------------------------------------------------
    \3\ Sec. 505(a)(5) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section, which had required a report from the 
President on actions taken by the United Nations to account for U.S. 
servicemen and civilians missing in action in Southeast Asia. The 
President submitted this report on June 1, 1976.
---------------------------------------------------------------------------
      
      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]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS

    Sec. 9.\2\ (a) \3\ There is established within the 
Department of State a Bureau of Oceans and International 
Environmental and Scientific Affairs. There \4\ shall be an 
Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs, appointed by the 
President, by and with the advice and consent of the Senate, 
who shall be the head of the Bureau and who shall have 
responsibility for matters relating to oceans, environmental, 
scientific, fisheries, wildlife, and conservation affairs and 
for such other related duties as the Secretary may from time to 
time designate.\5\
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2655a. In Department of State Public Notice No. 2719 
of January 8, 1998 (63 F.R. 6253), the Secretary of State delegated 
``the duties, functions and responsibilities now or hereafter vested in 
the Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs to the Principal Deputy Assistant 
Secretary for Ocean [sic] and International Environmental and 
Scientific Affairs.''.
    \3\ Sec. 162(q)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck 
out subsec. (b) to this sec., which had amended 5 U.S.C. 5315 to add 
reference to this Assistant Secretary of State.
    \4\ Sec. 162(q)(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck 
out ``In addition to the positions provided under the first section of 
the Act of May 26, 1949, as amended (22 U.S.C. 2652), there'', and 
inserted in lieu thereof ``There''.
    \5\ Sec. 162(q)(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), 
inserted ``and for such other related duties as the Secretary may from 
time to time designate'' before the period in this subsec.
---------------------------------------------------------------------------
          * * * * * * *

         REIMBURSEMENT FOR DETAILED STATE DEPARTMENT PERSONNEL

    Sec. 11.\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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------

            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''.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE VI--STUDY COMMISSION RELATING TO FOREIGN POLICY

                          FINDINGS AND PURPOSE

    Sec. 601.\5\ It is the purpose of this title to establish a 
study commission which will submit findings and recommendations 
to provide a more effective system for the formulation and 
implementation of the Nation's foreign policy.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2821.
---------------------------------------------------------------------------

  COMMISSION ON THE ORGANIZATION OF THE GOVERNMENT FOR THE CONDUCT OF 
                             FOREIGN POLICY

    Sec. 602.\6\ (a) To carry out the purpose of section 601 of 
this Act, there is established a Commission on the Organization 
of the Government for the Conduct of Foreign Policy (hereafter 
referred to in this title as the ``Commission'').
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2822.
---------------------------------------------------------------------------
    (b) The Commission shall be composed of the following 
twelve members:
          (1) four members appointed by the President, two from 
        the executive branch of the Government and two from 
        private life;
          (2) four members appointed by the President of the 
        Senate, two from the Senate (one from each of the two 
        major political parties) and two from private life; and
          (3) four members appointed by the Speaker of the 
        House of Representatives, two from the House of 
        Representatives (one from each of the two major 
        political parties) and two from private life.
    (c) The Commission shall elect a Chairman and a Vice 
Chairman from among its members.
    (d) Seven members of the Commission shall constitute a 
quorum. Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the 
original appointment was made.
    (e) Each member of the Commission who is not otherwise 
employed by the United States Government shall receive $145 a 
day (including traveltime) during which he is engaged in the 
actual performance of his duties as a member of the Commission. 
A member of the Commission who is an officer or employee of the 
United States Government shall serve without additional 
compensation. All members of the Commission shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred 
by them in the performance of their duties.

                        DUTIES OF THE COMMISSION

    Sec. 603.\7\ (a) The Commission shall study and investigate 
the organization, methods of operation, and powers of all 
departments, agencies, independent establishments, and 
instrumentalities of the United States Government participating 
in the formulation and implementation of United States foreign 
policy and shall make recommendations which the Commission 
considers appropriate to provide improved governmental 
processes and programs in the formulation and implementation of 
such policy, including, but not limited to, recommendations 
with respect to--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2823.
---------------------------------------------------------------------------
          (1) the reorganization of the departments, agencies, 
        independent establishments, and instrumentalities of 
        the executive branch participating in foreign policy 
        matters;
          (2) more effective arrangements between the executive 
        branch and Congress, which will better enable each to 
        carry out its constitutional responsibilities;
          (3) improved procedures among departments, agencies, 
        independent establishments, and instrumentalities of 
        the United States Government to provide improved 
        coordination and control with respect to the conduct of 
        foreign policy;
          (4) the abolition of services, activities, and 
        functions not necessary to the efficient conduct of 
        foreign policy; and
          (5) other measures to promote peace, economy, 
        efficiency, and improved administration of foreign 
        policy.
    (b) The Commission shall submit a comprehensive report to 
the President and Congress, not later than June 30, 1975,\8\ 
containing the findings and recommendations of the Commission 
with respect to its study and investigation. Such 
recommendations may include proposed constitutional amendments, 
legislation, and administrative actions the Commission 
considers appropriate in carrying out its duties. The 
Commission shall cease to exist on the thirtieth day after the 
date on which it files the comprehensive report under this 
subsection.
---------------------------------------------------------------------------
    \8\ Sec. 4 of Public Law 93-126 (87 Stat. 452), changed the date to 
June 30, 1975, from June 30, 1974.
---------------------------------------------------------------------------

                        POWERS OF THE COMMISSION

    Sec. 604.\9\ (a) The Commission or, on the authorization of 
the Commission, any subcommittee or member thereof, may, for 
the purpose of carrying out the provisions of this title, hold 
such hearings and sit and act at such times and places, 
administer such oaths, and require, by subpena or otherwise, 
the attendance and testimony of such witnesses and the 
production of such books, records, correspondence, memorandums, 
papers, and documents as the Commission or such subcommittee or 
member may deem advisable. Subpenas may be issued under the 
signature of the Chairman of the Commission, of any such 
subcommittee, or any designated member, and may be served by 
any person designated by such Chairman or member. The 
provisions of sections 102 through 104 of the Revised Statutes 
of the United States (2 U.S.C. 192-194) shall apply in the case 
of any failure of any witness to comply with any subpena or to 
testify when summoned under authority of this section.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2824.
---------------------------------------------------------------------------
    (b) The Commission is authorized to secure directly from 
any executive department, bureau, agency, board, commission, 
office, independent establishment, or instrumentality 
information, suggestions, estimates and statistics for the 
purposes of this title. Each such department, bureau, agency, 
board, commission, office, establishment, or instrumentality is 
authorized and directed, to the extent authorized by law, to 
furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request made by the 
Chairman or Vice Chairman.

                        STAFF OF THE COMMISSION

    Sec. 605.\10\ (a) The Commission shall have power to 
appoint and fix the compensation of such personnel as it deems 
advisable, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2825.
---------------------------------------------------------------------------
    (b) The Commission is authorized to procure the services of 
experts and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at GS-18.

                       EXPENSES OF THE COMMISSION

    Sec. 606.\11\ There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
title.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2826.
                 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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 269a note.
---------------------------------------------------------------------------

        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:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 269a note.
---------------------------------------------------------------------------

                         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.
---------------------------------------------------------------------------
    \3\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------

                  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.
---------------------------------------------------------------------------
    \4\ For text, see page 1422.
---------------------------------------------------------------------------

         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.
---------------------------------------------------------------------------
    \5\ For text, see page 1634.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \6\ For text, see page 1493.
---------------------------------------------------------------------------

                            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.
---------------------------------------------------------------------------
    \7\ For text, see page 1649.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \8\ For text, see page 1615.
---------------------------------------------------------------------------

                             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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

      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\
---------------------------------------------------------------------------
    \12\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

             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.
---------------------------------------------------------------------------
    \13\ For text, see page 1274.
---------------------------------------------------------------------------

            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.
---------------------------------------------------------------------------
    \14\ For text, see page 1755.
---------------------------------------------------------------------------

  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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

      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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \17\ For text of Public Law 98-525, see beginning at page 1003.
---------------------------------------------------------------------------

          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.
---------------------------------------------------------------------------
    \18\ For text, see Legislation on Foreign Relations Through 2005, 
vol. IV.
---------------------------------------------------------------------------

                   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:
---------------------------------------------------------------------------
    \19\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \20\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------

                              (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.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1714.
---------------------------------------------------------------------------
          * * * * * * *

       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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    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.''.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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.
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    \3\ 22 U.S.C. 3903.
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          (1) Chiefs of mission, appointed under section 
        302(a)(1) or assigned under section 502(c).
          (2) Ambassadors at large, appointed under section 
        302(a)(1).
          (3) Members of the Senior Foreign Service, appointed 
        under section 302(a)(1) or 303, who are the corps of 
        leaders and experts for the management of the Service 
        and the performance of its functions.
          (4) Foreign Service officers, appointed under section 
        302(a)(1), who have general responsibility for carrying 
        out the functions of the Service.
          (5) Foreign Service personnel, United States citizens 
        appointed under section 303, who provide skills and 
        services required for effective performance by the 
        Service.
          (6) Foreign national employees, foreign nationals 
        appointed under section 303, who provide clerical, 
        administrative, technical, fiscal, and other support at 
        Foreign Service posts abroad.
          (7) Consular agents, appointed under section 303 by 
        the Secretary of State, who provide consular and 
        related services as authorized by the Secretary of 
        State at specified locations abroad where no Foreign 
        Service posts are situated.
    Sec. 104.\4\ Functions of the Service.--Members of the 
Service shall, under the direction of the Secretary--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3904.
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          (1) represent the interest of the United States in 
        relation to foreign countries and international 
        organizations, and perform the functions relevant to 
        their appointments and assignments, including (as 
        appropriate) functions under the Vienna Convention on 
        Diplomatic Relations, the Vienna Convention on Consular 
        Relations, other international agreements to which the 
        United States is a party, the laws of the United 
        States, and orders, regulations, and directives issued 
        pursuant to law;
          (2) provide guidance for the formulation and conduct 
        of programs and activities of the Department and other 
        agencies which relate to the foreign relations of the 
        United States; and
          (3) perform functions on behalf of any agency or 
        other Government establishment (including any 
        establishment in the legislative or judicial branch) 
        requiring their services.
    Sec. 105.\5\ Merit Principles; Protections for Members of 
the Service; and Minority Recruitment.--(a)(1) All personnel 
actions with respect to career members and career candidates in 
the Service (including applicants for career candidate 
appointments) shall be made in accordance with merit 
principles.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3905.
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    (2) For purposes of paragraph (1), the term ``personnel 
action'' means--
          (A) any appointment, promotion, assignment (including 
        assignment to any position or salary class), award of 
        performance pay or special differential, within-class 
        salary increase, separation, or performance evaluation, 
        and
          (B) any decision, recommendation, examination, or 
        ranking provided for under this Act which relates to 
        any action referred to in subparagraph (A).
    (b) The Secretary shall administer the provisions of this 
Act and shall prescribe such regulations as may be necessary to 
ensure that members of the Service, as well as applicants for 
appointments in the Service--
          (1) are free from discrimination on the basis of 
        race, color, religion, sex, national origin, age, 
        handicapping condition, marital status, geographic or 
        educational affiliation within the United States,\6\ or 
        political affiliation, as prohibited under section 
        2302(b)(1) of title 5, United States Code;
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    \6\ Sec. 153(d) of the Foreign Relations Authorization Act, 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.
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    (b) The Secretary of State alone among the heads of 
agencies utilizing the Foreign Service personnel system shall 
perform the functions expressly vested in the Secretary of 
State by this Act.
    Sec. 202.\9\ Other Agencies Utilizing the Foreign Service 
Personnel System.--(a)(1) The Broadcasting Board of Governors 
and the Administrator of the Agency for International 
Development \10\ may utilize the Foreign Service personnel 
system with respect to their respective agencies in accordance 
with this Act.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3922.
    \10\ Sec. 1335(k)(1) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors''. Sec. 1422(b)(4)(A) of that Act (112 Stat. 2681-793) struck 
out ``Director of the United States International Development 
Cooperation Agency'' and inserted in lieu thereof ``Administrator of 
the Agency for International Development''.
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    (2) The Secretary of Agriculture may utilize the Foreign 
Service personnel system in accordance with this Act--
          (A) with respect to personnel of the Foreign 
        Agricultural Service, and
          (B) with respect to other personnel of the Department 
        of Agriculture to the extent the President determines 
        to be necessary in order to enable the Department of 
        Agriculture to carry out functions which require 
        service abroad.
    (3) The Secretary of Commerce may utilize the Foreign 
Service personnel system in accordance with this Act--
          (A) with respect to the personnel performing 
        functions transferred to the Department of Commerce 
        from the Department of State by Reorganization Plan 
        Numbered 3 of 1979, and
          (B) with respect to other personnel of the Department 
        of Commerce to the extent the President determines to 
        be necessary in order to enable the Department of 
        Commerce to carry out functions which require service 
        abroad.
    (4) \11\ (A) Whenever (and to the extent) the Secretary of 
State considers it in the best interests of the United States 
Government, the Secretary of State may authorize the head of 
any agency or other Government establishment (including any 
establishment in the legislative or judicial branch) to appoint 
under section 303 individuals described in subparagraph (B) as 
members of the Service and to utilize the Foreign Service 
personnel system with respect to such individuals under such 
regulations as the Secretary of State may prescribe.
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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.
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    (b) Nothing in this chapter shall be construed as 
diminishing the authority of the head of any agency authorized 
by law to utilize the Foreign Service personnel system.
    Sec. 204.\13\ Consolidated and Uniform Administration of 
the Service.--The Secretary shall on a continuing basis 
consider the need for uniformity of personnel policies and 
procedures and for consolidation (in accordance with section 23 
of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2695)) of personnel functions among agencies utilizing 
the Foreign Service personnel system. Where feasible, the 
Secretary of State shall encourage (in consultation with the 
other heads of such agencies) the development of uniform 
policies and procedures and consolidated personnel functions.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3924.
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    Sec. 205.\14\ Compatibility Between the Foreign Service and 
Other Government Personnel Systems.--The Service shall be 
administered to the extent practicable in conformity with 
general policies and regulations of the Government. The 
Secretary shall consult with the Director of the Office of 
Personnel Management, the Director of the Office of Management 
and Budget, and the heads of such other agencies as the 
President shall determine, in order to assure compatibility of 
the Foreign Service personnel system with other Government 
personnel systems to the extent practicable.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 3925.
---------------------------------------------------------------------------
    Sec. 206.\15\ Regulations; Delegation of Functions.--(a) 
The Secretary may prescribe such regulations as the Secretary 
deems appropriate to carry out functions under this Act.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 3926.
---------------------------------------------------------------------------
    (b) The Secretary may delegate functions under this Act 
which are vested in the Secretary to any employee of the 
Department or any member of the Service.
    Sec. 207.\16\ Chief of Mission.--(a) Under the direction of 
the President, the chief of mission to a foreign country--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 3927.
---------------------------------------------------------------------------
          (1) shall have full responsibility for the direction, 
        coordination, and supervision of all Government 
        executive branch \17\ employees in that country (except 
        for 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--
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    \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).
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------

  ``(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.
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    \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:
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``sec. 175. report on classification of senior foreign service positions.
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    ``(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''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
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    ``(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.
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    \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''.
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          (2) Except as provided in paragraph (3), performance 
        pay for a member of the Senior Foreign Service may not 
        exceed 20 percent of the annual rate of basic salary 
        for that member.
          (3) Not more than 6 percent of the members of the 
        Senior Foreign Service may receive performance pay in 
        any fiscal year in an amount which exceeds the 
        percentage limitation specified in paragraph (2). 
        Payments under this paragraph to a member of the Senior 
        Foreign Service may not exceed, 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\
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    \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\
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    \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.
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    \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--
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    \73\ 22 U.S.C. 3966.
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          (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)).
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    \74\ 22 U.S.C. 3967.
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    (b) The Secretary may pay Foreign Service personnel who are 
recruited abroad, who are not available or are not qualified 
for assignment to another Foreign Service post, and who perform 
duties of a more routine nature than are generally performed by 
Foreign Service personnel assigned to class 9 in the Foreign 
Service Schedule, in accordance with the salary rates 
established under subsection (a).
    Sec. 408.\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.
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    ``(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:
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``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.--
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  ``(1) Eligibility.--An election under this subsection may be made by any 
currently employed participant or participant who was serving as of January 
1, 1997 under chapter 8 of the Foreign Service Act of 1980 who is serving 
or has served as a special agent, or by a survivor of a special agent who 
was eligible to make an election under this section.

  ``(2) Effect of an election.--

  ``(A) In general.--If an individual makes an election under this 
subsection, the amendments made by this Act shall become applicable with 
respect to such individual, subject to subparagraph (B).

  ``(B) Treatment of prior service.--

      ``(i) Special contribution.--An individual may, after 
  making the election under this subsection, make a special 
  contribution up to the full amount of the difference between 
  the contributions actually deducted from pay for prior 
  service and the deductions that would have been required if 
  the amendments made by this Act had then been in effect. Any 
  special contributions under this clause shall be computed 
  under regulations based on section 805(d) of the Foreign 
  Service Act of 1980 (as amended by section 2), including 
  provisions relating to the computation of interest.
      ``(ii) Actuarial reduction.--
        ``(I) Rule if the special contribution is paid.--If the 
  full amount of the special contribution under clause (i) is 
  paid, no reduction under this clause shall apply.
        ``(II) Rule if less than the entire amount is paid.--If 
  no special contribution under clause (i) is paid, or if less 
  than the entire amount of such special contribution is paid, 
  the recomputed annuity shall be reduced by an amount 
  sufficient to make up the actuarial present value of the 
  shortfall.
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    ``(c) Regulations and Notice.--Not later than 6 months after the 
date of the enactment of this Act, the Secretary of State--
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  ``(1) shall promulgate such regulations as may be necessary to carry out 
this Act; and

  ``(2) shall take measures reasonably designed to provide notice to 
participants as to any rights they might have under this Act.
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    ``(d) Election Deadline.--An election under subsection (b) must be 
made not later than 90 days after the date on which the relevant notice 
under subsection (c)(2) is provided.
    ``(e) Definition.--For purposes of this section, the term `special 
agent' has the meaning given such term under section 804(15) of the 
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 
2(a).''.
    \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--
---------------------------------------------------------------------------

  ``(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.''.
---------------------------------------------------------------------------

    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.--
---------------------------------------------------------------------------

  ``(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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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.
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          (A) $900, or
          (B) $2,700 divided by the number of children.
    (2) If an annuitant who was a participant dies and is not 
survived by a spouse or a former spouse who is the natural or 
adoptive parent of a surviving child of the annuitant \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]
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    \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--
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    \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).
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          (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).
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          (A) separation from the Service occurs; or
          (B) pay ceases and the service and age requirements 
        for entitlement to annuity are met.
    (2) The annuity of--
          (A) a participant who is retired and is eligible for 
        benefits under section 609(a) or a participant who is 
        retired under section 813 or is otherwise involuntarily 
        separated from the Service, except by removal for cause 
        on charges of misconduct or delinquency,
          (B) a participant retiring under section 808 due to a 
        disability, and
          (C) a participant who serves 3 days or less in the 
        month of retirement--
shall commence on the day after separation from the Service or 
the day after pay ceases and the requirements for entitlement 
to annuity are met.
    (b) The annuity to a survivor shall become effective as 
otherwise specified but shall not be paid until the survivor 
submits an application for such annuity, supported by such 
proof of eligibility as the Secretary of State may require. If 
such application or proof of eligibility is not submitted 
during the lifetime of an otherwise eligible individual, no 
annuity shall be due or payable to his or her estate.
    (c) An individual entitled to annuity from the Fund may 
decline to accept all or any part of the annuity by submitting 
a signed waiver to the Secretary of State. The waiver may be 
revoked in writing at any time. Payment of the annuity waiver 
may not be made for the period during which the waiver was in 
effect.
    (d) Recovery of overpayments under this subchapter \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''.
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    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''.
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    (b) If a participant who has at least 18 months of civilian 
service credit toward retirement under the System dies before 
retirement or other separation from the Service and is survived 
by a spouse or former spouse qualifying for an annuity under 
section 814(b), such surviving spouse shall be entitled to an 
annuity equal to 55 percent of the annuity computed in 
accordance with subsections (e) and (g) of this section and 
section 806(a) and any surviving former spouse shall be 
entitled to an annuity under section 814(b) as if the 
participant died after being entitled to an annuity under this 
subchapter. If the participant had less than 3 years creditable 
civilian service at the time of death, the survivor annuity 
shall be computed on the basis of the average salary for the 
entire period of such service.
    (c) If a participant who has at least 18 months of civilian 
service credit toward retirement under the System dies before 
retirement or other separation from the Service and is survived 
by a spouse or a former spouse who is the natural or adoptive 
parent of a surviving child of the annuitant,\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.
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    \224\ Sec. 214(b)(1) of Public Law 100-238 (101 Stat. 1774) 
inserted language to this point, beginning with ``or a former spouse''.
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    (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.
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    \225\ Sec. 214(b)(2) of Public Law 100-238 (101 Stat. 1774) 
inserted language to this point, beginning with ``or a former spouse''.
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    (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.
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    \226\ Sec. 215(b) of Public Law 100-238 (101 Stat. 1774) struck out 
``65'' and inserted in lieu thereof ``60''.
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    (f) If an annuitant entitled to a reduced annuity dies in 
service after being recalled under section 308 and is survived 
by a spouse or former spouse entitled to a survivor annuity 
based on the service of such annuitant, such survivor annuity 
shall be computed as if the recall service had otherwise 
terminated on the day of death and the annuity of the deceased 
had been resumed in accordance with section 823. If such death 
occurs after the annuitant had completed sufficient recall 
service to attain eligibility for a supplemental annuity, a 
surviving spouse or surviving former spouse who was married to 
the participant at any time during a period of recall service 
shall be entitled to elect, in addition to any other benefits 
and in lieu of a refund of retirement contributions made during 
the recall service, a supplemental survivor annuity computed 
and paid under section 806(i) as if the recall service had 
otherwise terminated. If the annuitant had completed sufficient 
recall service to attain eligibility to have his or her annuity 
determined anew, a surviving spouse or such a surviving former 
spouse may elect, in lieu of any other survivor benefit under 
this chapter, to have the rights of the annuitant redetermined 
and to receive a survivor annuity computed under subsection (b) 
on the basis of the total service of the annuitant.
    (g) Notwithstanding subsection (b), if the participant or 
former participant had a former spouse qualifying for an 
annuity under section 814(b), the annuity of the spouse under 
this section shall be subject to the limitation of section 
806(b)(3)(B).
    (h) Annuities that become payable under this section shall 
commence, terminate, and be resumed in accordance with 
subsection (b)(4), (e), or (h) of section 806, as appropriate.
    Sec. 810.\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.
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    \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.
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    \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--
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    \255\ 22 U.S.C. 4061.
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          (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--
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    \256\ 22 U.S.C. 4062.
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          (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.
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    (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--
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    \259\ Sec. 409 of Public Law 99-335 (100 Stat 612) added subsec. 
(c).
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          (1) subsections (a) and (b) shall not apply to such 
        annuitant; and
          (2) section 824 shall apply to the recall service as 
        if such service were reemployment.
    Sec. 824.\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).
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          (i) the total annuity payable under this chapter to 
        an annuitant making an election under paragraph (1), 
        and
          (ii) the annual rate of pay payable to the annuitant 
        during the part-time, intermittent, or temporary 
        employment referred to in paragraph (1),
may not exceed, in any calendar year, the amount described in 
subparagraph (B).
    (B) The amount referred to in subparagraph (A) is the 
greater of--
          (i) the highest annual rate of basic pay which is 
        payable during such year for full-time employment in 
        the position in which the annuitant is employed, or
          (ii) the basic pay the annuitant was entitled to 
        receive under this Act on the date of retirement from 
        the Service.
    (C) For purposes of this section, the term ``annuity'' 
means the annuity earned by the reemployed member based on his 
or her service irrespective of whether or not the amount 
payable is reduced by the amount of an annuity payable under 
section 814 or 820(b).
    (4) Upon termination of the part-time, intermittent, or 
temporary employment referred to in paragraph (1), payment of 
the full annuity of an annuitant who has made an election under 
paragraph (1) of this subsection shall resume.
    (c) The amount of annuity which has been terminated or 
reduced under this section by reason of the reemployment of the 
annuitant and is resumed under this section shall be the amount 
of the annuity which would have been payable if the annuitant 
had not accepted the reemployment. The amount of an annuity 
resulting from a redetermination of rights pursuant to 
subsection (a) shall not be less than the amount of an annuity 
resumed under the previous sentence.
    (d) The annuity rights of any participant who is reemployed 
in the Government shall be determined under this section 
instead of section 8468 of title 5, United States Code.
    (e) When any such retired participant is reemployed, the 
employer shall send a notice of such reemployment to the 
Secretary of State, together with all pertinent information 
relating to such employment, and shall pay directly to such 
participant the salary of the position in which he or she is 
serving.
    (f) In the event of any overpayment under this section, 
such overpayment shall be recovered by withholding the amount 
involved from the salary payable to such reemployed participant 
or from any other moneys, including annuity payments, payable 
under this chapter.\264\
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    \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.
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    \265\ Sec. 103(2) of Public Law 105-277 (112 Stat. 2681-585) added 
new subsecs. (g) and (h).
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    (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.''.
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          (1) returned in a lump sum;
          (2) used to purchase an additional life annuity;
          (3) used to purchase an additional life annuity for 
        the participant and to provide for a cash payment on 
        his or her death to a beneficiary whose name shall be 
        notified in writing to the Secretary of State by the 
        participant; or
          (4) used to purchase an additional life annuity for 
        the participant and a life annuity commencing on his or 
        her death payable to a beneficiary whose name shall be 
        notified in writing to the Secretary of State by the 
        participant, with a guaranteed return to the 
        beneficiary or his or her legal representative of an 
        amount equal to the cash payment referred to in 
        paragraph (3).
    (b) The benefits provided by subsection (a) (2), (3), or 
(4) shall be actuarially equivalent in value to the payment 
provided for by subsection (a)(1) and shall be calculated upon 
such tables of mortality as may be from time to time prescribed 
for this purpose by the Secretary of the Treasury.
    (c) A voluntary contribution account shall be paid in a 
lump sum following receipt of an application therefor from a 
present or former participant if application is filed prior to 
payment of any additional annuity. If not sooner paid, the 
account shall be paid at such time as the participant separates 
from the Service for any reason without entitlement to an 
annuity or a deferred annuity or at such time as a former 
participant dies or withdraws compulsory contributions to the 
Fund. In case of death, the account shall be paid in the order 
of precedence specified in section 815(f).
    Sec. 826.\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.
---------------------------------------------------------------------------
    \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.
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    \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.
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    \277\ 22 U.S.C. 4069-1. Sec. 202 of Public Law 100-238 (101 Stat. 
1768) added this sec. 830.
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    (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.
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    \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--
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    \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--
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  ``(1) the Director of the United States Information Agency or the 
Director of the International Communication Agency shall be deemed to refer 
to the Secretary of State; and

  ``(2) the United States Information Agency, USIA, or the International 
Communication Agency shall be deemed to refer to the Department of State.
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    ``(b) Continuing References to USIA or Director.--Subsection (a) 
shall not apply to section 146 (a), (b), or (c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
4069a(f), 4069b(g), or 4069c(f)).''.
    Subsec. (b) of sec. 1331, as it refers to sec. 146(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, refers 
to subsec. (f) of this section.
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          (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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--
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    \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).
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    \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).
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          (A) a volunteer or volunteer leader under the Peace 
        Corps Act (22 U.S.C. 2501 et seq.),
          (B) a volunteer under part A of title VIII of the 
        Economic Opportunity Act of 1964, or
          (C) a full-time volunteer for a period of service of 
        at least one year's duration under part A, B, or C of 
        title I of the Domestic Volunteer Service Act of 1973 
        (42 U.S.C. 4951 et seq.),
if the participant makes a payment to the Fund equal to 3 
percent of pay received for the volunteer service; except, the 
amount to be paid for volunteer service beginning on January 1, 
1999, through December 31, 2000,\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.
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    \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.
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    \305\ 22 U.S.C. 4071d.
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    (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.
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    \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
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    \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.
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                  (iii) a participant as a Member of Congress, 
                a congressional employee, law enforcement 
                officer, firefighter, or air traffic controller 
                in the Civil Service Retirement System under 
                subchapter III of chapter 83, title 5, United 
                States Code, or in the Federal Employees' 
                Retirement System under chapter 84 of title 5, 
                United States Code; and
          (B) at the rate stated in section 8415(a) of title 5, 
        United States Code, for all other service creditable 
        under this System including service in excess of 20 
        years otherwise creditable under paragraph (A).
    (3) \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.
---------------------------------------------------------------------------
    \314\ Refers to 5 U.S.C. 8442(f)(2)(A).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \321\ 22 U.S.C. 4071h.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \324\ 22 U.S.C. 4071j.
---------------------------------------------------------------------------
    (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.
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          (1) proceeding to and returning from assigned posts 
        of duty;
          (2) authorized or required home leave;
          (3) family members to accompany, precede, or follow a 
        member of the Service to a place of temporary duty;
          (4) representational travel within the country to 
        which the member of the Service is assigned or, when 
        not more than one family member participates, outside 
        such country;
          (5) obtaining necessary medical care for an illness, 
        injury, or medical condition while abroad in a locality 
        where there is no suitable person or facility to 
        provide such care (without regard to those laws and 
        regulations limiting or restricting the furnishing or 
        payment of transportation and traveling expenses), as 
        well as expenses for--
                  (A) an attendant or attendants for a member 
                of the Service or a family member who is too 
                ill to travel unattended or for a family member 
                who is too young to travel alone, and
                  (B) a family member incapable of caring for 
                himself or herself if he or she remained at the 
                post at which the member of the Service is 
                serving;
          (6) rest and recuperation travel of members of the 
        Service who are United States citizens, and members of 
        their families, while serving at locations abroad 
        specifically designated by the Secretary for purposes 
        of this paragraph, to--
                  (A) other locations abroad having different 
                social, climatic, or other environmental 
                conditions than those at the post at which the 
                member of the Service is serving, or
                  (B) locations in the United States;
        except that, unless the Secretary otherwise specifies 
        in extraordinary circumstances, travel expenses under 
        this paragraph shall be limited to the cost for a 
        member of the Service, and for each member of the 
        family of the member, of 1 round trip during any 
        continuous 2-year tour unbroken by home leave and of 2 
        round trips during any continuous 3-year tour unbroken 
        by home leave;
          (7) removal of the family members of a member of the 
        Service, and the furniture and household and personal 
        effects (including automobiles) of the family, from a 
        Foreign Service post where there is imminent danger 
        because of the prevalence of disturbed conditions, and 
        the return of such individuals, furniture, and effects 
        to such post upon the cessation of such conditions, or 
        to such other Foreign Service post as may in the 
        meantime have become the post to which the member of 
        the Service has been reassigned;
          (8) trips by a member of the Service, 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
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    \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.
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    \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.
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    \349\ 22 U.S.C. 4104.
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    (b) Except as otherwise provided under this chapter, such 
right includes the right--
          (1) to act for a labor organization in the capacity 
        of a representative and, in that capacity, to present 
        the views of the labor organization to the Secretary 
        and other officials of the Government, including the 
        Congress, or other appropriate authorities; and
          (2) to engage in collective bargaining with respect 
        to conditions of employment through representatives 
        chosen by employees under this chapter.
    Sec. 1005.\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--
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    \350\ 22 U.S.C. 4105.
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          (1) to determine the mission, budget, organization, 
        and internal security practices of the Department, and 
        the number of individuals in the Service or in the 
        Department;
          (2) to hire, assign, direct, lay off, and retain 
        individuals in the Service or in the Department, to 
        suspend, remove, or take other disciplinary action 
        against such individuals, and to determine the number 
        of members of the Service to be promoted and to remove 
        the name of or delay the promotion of any member in 
        accordance with regulations prescribed under section 
        605(b);
          (3) \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.
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    \352\ 22 U.S.C. 4106.
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    (b) The Chairperson shall serve on the Board while serving 
as Chairman of the Authority. Of the 2 original members of the 
Board other than the Chairperson, one shall be appointed for a 
2-year term and one shall be appointed for a 3-year term. 
Thereafter, each member of the Board other than the Chairperson 
shall be appointed for a term of 3 years, except that an 
individual appointed to fill a vacancy occurring before the end 
of a term shall be appointed for the unexpired term of the 
member replaced. The Chairperson may at any time designate an 
alternate Chairperson from among the members of the Authority.
    (c) A vacancy on the Board shall not impair the right of 
the remaining members to exercise the full powers of the Board.
    (d) The members of the Board, other than the Chairperson, 
may not hold another office or position in the Government 
except as authorized by law, and shall receive compensation at 
the daily equivalent of the rate payable for level V of the 
Executive Schedule under section 5316 of title 5, United States 
Code,\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--
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    \354\ 22 U.S.C. 4107.
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          (1) supervise or conduct elections and determine 
        whether a labor organization has been selected as the 
        exclusive representative by a majority of employees who 
        cast valid ballots and otherwise administer the 
        provisions of this chapter relating to the according of 
        exclusive recognition to a labor organization;
          (2) resolve complaints of alleged unfair labor 
        practices;
          (3) resolve issues relating to the obligation to 
        bargain in good faith;
          (4) resolve disputes concerning the effect, the 
        interpretation, or a claim of breach of a collective 
        bargaining agreement, in accordance with section 1014; 
        and
          (5) take any action considered necessary to 
        administer effectively the provisions of this chapter.
    (b) Decisions of the Board under this chapter shall be 
consistent with decisions rendered by the Authority under 
chapter 71 of title 5, United States Code, other than in cases 
in which the Board finds that special circumstances require 
otherwise. Decisions of the Board under this chapter shall not 
be construed as precedent by the Authority, or any court or 
other authority, for any decision under chapter 71 of title 5, 
United States Code.
    (c) In order to carry out its functions under this 
chapter--
          (1) the Board shall by regulation adopt procedures to 
        apply in the administration of this chapter; and
          (2) the Board may--
                  (A) adopt other regulations concerning its 
                functions under this chapter;
                  (B) conduct appropriate inquiries wherever 
                persons subject to this chapter are located;
                  (C) hold hearings;
                  (D) administer oaths, take the testimony or 
                deposition of any individual under oath, and 
                issue subpenas;
                  (E) require the Department or a labor 
                organization to cease and desist from 
                violations of this chapter and require it to 
                take any remedial action the Board considers 
                appropriate to carry out this chapter; and
                  (F) consistent with the provisions of this 
                chapter, exercise the functions the Authority 
                has under chapter 71 of title 5, United States 
                Code, to the same extent and in the same manner 
                as is the case with respect to persons subject 
                to chapter 71 of such title.
    Sec. 1008.\355\ Functions of the General Counsel.--The 
General Counsel may--
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    \355\ 22 U.S.C. 4108.
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          (1) investigate alleged unfair labor practices under 
        this chapter,
          (2) file and prosecute complaints under this chapter, 
        and
          (3) exercise such other powers of the Board as the 
        Board may prescribe.
    Sec. 1009.\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.
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    \356\ 22 U.S.C. 4109.
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    (b) The Board may petition the United States Court of 
Appeals for the District of Columbia for the enforcement of any 
order of the Board under this chapter and for any appropriate 
temporary relief or restraining order.
    (c) Subsection (c) of section 7123 of title 5, United 
States Code, shall apply to judicial review and enforcement of 
actions by the Board in the same manner that it applies to 
judicial review and enforcement of actions of the Authority 
under chapter 71 of title 5, United States Code.
    (d) The Board may, upon issuance of a complaint as provided 
in section 1016 charging that any person has engaged in or is 
engaging in an unfair labor practice, petition the United 
States District Court for the District of Columbia, for 
appropriate temporary relief (including a restraining order). 
Upon the filing of the petition, the court shall cause notice 
thereof to be served upon the person, and thereupon shall have 
jurisdiction to grant any temporary relief (including a 
temporary restraining order) it considers just and proper. A 
court shall not grant any temporary relief under this section 
if it would interfere with the ability of the Department to 
carry out its essential functions or if the Board fails to 
establish probable cause that an unfair labor practice is being 
committed.
    Sec. 1010.\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:
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    \357\ 22 U.S.C. 4110.
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          (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.
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    \358\ 22 U.S.C. 4111.
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    (b) If a petition is filed with the Board--
          (1) by any person alleging--
                  (A) in the case of a unit for which there is 
                no exclusive representative, that 30 percent of 
                the employees in the unit wish to be 
                represented for the purpose of collective 
                bargaining by an exclusive representative, or
                  (B) in the case of a unit for which there is 
                an exclusive representative, that 30 percent of 
                the employees in the unit alleged that the 
                exclusive representative is no longer the 
                representative of the majority of the employees 
                in the unit; or
          (2) by any person seeking clarification of, or an 
        amendment to, a certification then in effect or a 
        matter relating to representation;
the Board shall investigate the petition, and if it has 
reasonable cause to believe that a question of representation 
exists, it shall provide an opportunity for a hearing (for 
which a transcript shall be kept) after reasonable notice. If 
the Board finds on the record of the hearing that a question of 
representation exists, the Board shall supervise or conduct an 
election on the question by secret ballot and shall certify the 
results thereof. An election under this subsection shall not be 
conducted in any unit within which a valid election under this 
subsection has been held during the preceding 12 calendar 
months or with respect to which a labor organization has been 
certified as the exclusive representative during the preceding 
24 calendar months.
    (c) A labor organization which--
          (1) has been designated by at least 10 percent of the 
        employees in the unit; or
          (2) is the exclusive representative of the employees 
        involved;
may intervene with respect to a petition filed pursuant to 
subsection (b) and shall be placed on the ballot of any 
election under subsection (b) with respect to the petition.
    (d)(1) The Board shall determine who is eligible to vote in 
any election under this section and shall establish regulations 
governing any such election, which shall include regulations 
allowing employees eligible to vote the opportunity to choose--
          (A) from labor organizations on the ballot, that 
        labor organization which the employees wish to have 
        represent them; or
          (B) not to be represented by a labor organization.
    (2) In any election in which more than two choices are on 
the ballot, the regulations of the Board shall provide for 
preferential voting. If no choice receives a majority of first 
preferences, the Board shall distribute to the two choices 
having the most first preferences the preferences as between 
those two of the other valid ballots cast. The choice receiving 
a majority of preferences shall be declared the winner. A labor 
organization which is declared the winner of the election shall 
be certified by the Board as the exclusive representative.
    (e) A labor organization seeking exclusive recognition 
shall submit to the Board and to the Department a roster of its 
officers and representatives, a copy of its constitution and 
bylaws, and a statement of its objectives.
    (f) Exclusive recognition shall not be accorded to a labor 
organization--
          (1) if the Board determines that the labor 
        organization is subject to corrupt influences or 
        influence opposed to democratic principles; or
          (2) in the case of a petition filed under subsection 
        (b)(1)(A), if there is not credible evidence that at 
        least 30 percent of the employees wish to be 
        represented for the purpose of collective bargaining by 
        the labor organization seeking exclusive recognition.
    (g) Nothing in this section shall be construed to prohibit 
the waiving of hearings by stipulation for the purpose of a 
consent election in conformity with regulations and rules or 
decisions of the Board.
    Sec. 1012.\359\ Employees Represented.--The employees of 
the Department shall constitute a single and separate worldwide 
bargaining unit, from which there shall be excluded--
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    \359\ 22 U.S.C. 4112.
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          (1) employees engaged in personnel work in other than 
        a purely clerical capacity; and
          (2) employees engaged in criminal or national 
        security investigations or who audit the work of 
        individuals to insure that their functions are 
        discharged honestly and with integrity.
    Sec. 1013.\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.
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    \360\ 22 U.S.C. 4113.
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    (b)(1) An exclusive representative shall be given the 
opportunity to be represented at--
          (A) any formal discussion between one or more 
        representatives of the Department and one or more 
        employees in the unit (or their representatives), 
        concerning any grievance (as defined in section 1101) 
        or any personnel policy or practice or other general 
        condition of employment; and
          (B) any examination of an employee by a Department 
        representative in connection with an investigation if--
                  (i) the employee reasonably believes that the 
                examination may result in disciplinary action 
                against the employee, and
                  (ii) the employee requests such 
                representation.
    (2) The Department shall annually inform employees of their 
rights under paragraph (1)(B).
    (c) The Department and the exclusive representative, 
through appropriate representatives, shall meet and negotiate 
in good faith for the purposes of arriving at a collective 
bargaining agreement. In addition, the Department and the 
exclusive representative may determine appropriate techniques, 
consistent with the provisions of section 1010, to assist in 
any negotiation.
    (d) The rights of an exclusive representative under this 
section shall not preclude an employee from--
          (1) being represented by an attorney or other 
        representative of the employee's own choosing, other 
        than the exclusive representative, in any grievance 
        proceeding under chapter 11; or
          (2) exercising grievance or appeal rights established 
        by law, rule, or regulation.
    (e) The duty of the Department and the exclusive 
representative to negotiate in good faith shall include the 
obligation--
          (1) to approach the negotiations with a sincere 
        resolve to reach a collective bargaining agreement;
          (2) to be represented at the negotiations by duly 
        authorized representatives prepared to discuss and 
        negotiate on any condition of employment;
          (3) to meet at reasonable times and convenient places 
        as frequently as may be necessary and to avoid 
        unnecessary delays;
          (4) for the Department to furnish to the exclusive 
        representative, or its authorized representative, upon 
        request and to the extent not prohibited by law, data--
                  (A) which is normally maintained by the 
                Department in the regular course of business;
                  (B) which is reasonably available and 
                necessary for full and proper discussion, 
                understanding, and negotiation of subjects 
                within the scope of collective bargaining; and
                  (C) which does not constitute guidance, 
                advice, counsel, or training provided for 
                management officials or confidential employees, 
                relating to collective bargaining;
          (5) to negotiate jointly with respect to conditions 
        of employment applicable to employees in more than one 
        of the agencies authorized to utilize the Foreign 
        Service personnel system, as determined by the heads of 
        such agencies; and
          (6) if agreement is reached, to execute, upon the 
        request of any party to the negotiation, a written 
        document embodying the agreed terms, and to take the 
        steps necessary to implement the agreement.
    (f)(1) An agreement between the Department and the 
exclusive representative shall be subject to approval by the 
Secretary.
    (2) The Secretary shall approve the agreement within 30 
days after the date of the agreement unless the Secretary finds 
in writing that the agreement is contrary to applicable law, 
rule, or regulation.
    (3) Unless the Secretary disapproves the agreement by 
making a finding under paragraph (2), the agreement shall take 
effect after 30 days from its execution and shall be binding on 
the Department and the exclusive representative subject to all 
applicable laws, orders, and regulations.
    (g) The Department shall consult with the exclusive 
representative with respect to Government-wide or multiagency 
matters affecting the rights, benefits, or obligations of 
individuals employed in agencies not authorized to utilize the 
Foreign Service personnel system. The exclusive representative 
shall be informed of any change proposed by the Department with 
respect to such matters, and shall be permitted reasonable time 
to present its views and recommendations regarding such change. 
The Department shall consider the views and recommendations of 
the exclusive representative before taking final action on any 
such change, and shall provide the exclusive representative a 
written statement of the reasons for taking the final action.
    Sec. 1014.\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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \415\ 22 U.S.C. 4154.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \419\ 22 U.S.C. 4156.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \420\ 22 U.S.C. 4157.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \421\ 22 U.S.C. 4158.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    Sec. 2202.\424\ Peace Corps Act.--* * *
---------------------------------------------------------------------------
    \424\ Sec. 2202 consisted of amendments to the Peace Corps Act.
---------------------------------------------------------------------------
    Sec. 2203.\425\ Foreign Assistance Act.--* * *
---------------------------------------------------------------------------
    \425\ Sec. 2203 consisted of amendments to the Foreign Assistance 
Act of 1961.
---------------------------------------------------------------------------
    Sec. 2204.\426\ Arms Control and Disarmament Act.--* * *
---------------------------------------------------------------------------
    \426\ Sec. 2204 consisted of amendments to the Arms Control and 
Disarmament Act.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

          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.
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
    Sec. 2403.\433\ Effective Date.--(a) Except as otherwise 
provided, this Act shall take effect on February 15, 1981.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 6543.
---------------------------------------------------------------------------
          (1) that have been issued, made, granted, or allowed 
        to become effective by the President, any Federal 
        agency or official thereof, or by a court of competent 
        jurisdiction, in the performance of functions exercised 
        by the Broadcasting Board of Governors of the United 
        States Information Agency on the day before the 
        effective date of this title, and
          (2) that are in effect at the time this title takes 
        effect, or were final before the effective date of this 
        title and are to become effective on or after the 
        effective date of this title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Broadcasting Board of 
Governors, or other authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--
          (1) In general.--The provisions of this chapter, or 
        amendments made by this chapter, shall not affect any 
        proceedings, including notices of proposed rulemaking, 
        or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Broadcasting Board of Governors of the United States 
        Information Agency at the time this title takes effect, 
        with respect to functions exercised by the Board as of 
        the effective date of this title but such proceedings 
        and applications shall be continued.
          (2) Orders, appeals, and payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this chapter had not been enacted, and 
        orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by a duly authorized official, by a court of 
        competent jurisdiction, or by operation of law.
          (3) Statutory construction.--Nothing in this 
        subsection shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this chapter had not been 
        enacted.
    (c) Nonabatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official 
capacity of such individual as an officer of the Broadcasting 
Board of Governors, or any commission or component thereof, 
shall abate by reason of the enactment of this chapter. No 
cause of action by or against the Broadcasting Board of 
Governors, or any commission or component thereof, or by or 
against any officer thereof in the official capacity of such 
officer, shall abate by reason of the enactment of this 
chapter.
    (d) Continuation of Proceedings With Substitution of 
Parties.--
          (1) Substitution of parties.--If, before the 
        effective date of this title, USIA or the Broadcasting 
        Board of Governors, or any officer thereof in the 
        official capacity of such officer, is a party to a suit 
        which is related to the functions transferred by this 
        chapter, then effective on such date such suit shall be 
        continued with the Broadcasting Board of Governors or 
        other appropriate official of the Board substituted or 
        added as a party.
          (2) Liability of the board.--The Board shall 
        participate in suits continued under paragraph (1) 
        where the Broadcasting Board of Governors or other 
        appropriate official of the Board is added as a party 
        and shall be liable for any judgments or remedies in 
        those suits or proceedings arising from the exercise of 
        the functions transferred by this chapter to the same 
        extent that USIA would have been liable if such 
        judgment or remedy had been rendered on the day before 
        the abolition of USIA.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the 
preparation or promulgation of a regulation by the Broadcasting 
Board of Governors relating to a function exercised by the 
Board before the effective date of this title may be continued 
by the Board with the same effect as if this chapter had not 
been enacted.
    (f) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of or relating to the Broadcasting Board of 
Governors of the United States Information Agency with regard 
to functions exercised before the effective date of this title, 
shall be deemed to refer to the Board.

SEC. 1328.\23\ REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

    Not later than March 1 of each year, the Broadcasting Board 
of Governors shall submit to the appropriate congressional 
committees a report on the progress of the Board and of RFE/RL, 
Incorporated, on any steps taken to further the policy declared 
in section 312(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995. The report under this subsection 
shall include the following:
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 6544.
---------------------------------------------------------------------------
          (1) Efforts by RFE/RL, Incorporated, to terminate 
        individual language services.
          (2) A detailed description of steps taken with regard 
        to section 312(a) of that Act.
          (3) An analysis of prospects for privatization over 
        the coming year.
          (4) An assessment of the extent to which United 
        States Government funding may be appropriate in the 
        year 2000 and subsequent years for surrogate 
        broadcasting to the countries to which RFE/RL, 
        Incorporated, broadcast during the year. This 
        assessment shall include an analysis of the environment 
        for independent media in those countries, noting the 
        extent of government control of the media, the ability 
        of independent journalists and news organizations to 
        operate, relevant domestic legislation, level of 
        government harassment and efforts to censor, and other 
        indications of whether the people of such countries 
        enjoy freedom of expression.

                    CHAPTER 4--CONFORMING AMENDMENTS

SEC. 1331.\24\ REFERENCES.

    (a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 6551.
---------------------------------------------------------------------------
          (1) the Director of the United States Information 
        Agency or the Director of the International 
        Communication Agency shall be deemed to refer to the 
        Secretary of State; and
          (2) the United States Information Agency, USIA, or 
        the International Communication Agency shall be deemed 
        to refer to the Department of State.
    (b) Continuing References to USIA or Director.--Subsection 
(a) shall not apply to section 146 (a), (b), or (c) of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).

SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    Title 5, United States Code, is amended--
          (1) in section 5313, by striking ``Director of the 
        United States Information Agency.'';
          (2) in section 5315--
                  (A) by striking ``Deputy Director of the 
                United States Information Agency.''; and
                  (B) by striking ``Director of the 
                International Broadcasting Bureau, the United 
                States Information Agency.'' and inserting 
                ``Director of the International Broadcasting 
                Bureau.''; and
          (3) in section 5316--
                  (A) by striking ``Deputy Director, Policy and 
                Plans, United States Information Agency.''; and
                  (B) by striking ``Associate Director (Policy 
                and Plans), United States Information 
                Agency.''.

SEC. 1333.\25\ APPLICATION OF CERTAIN LAWS.

    (a) Application to Functions of Department of State.--
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of 
Public Law 99-93 (22 U.S.C. 1461-1a) shall not apply to public 
affairs and other information dissemination functions of the 
Secretary of State as carried out prior to any transfer of 
functions pursuant to this subdivision.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 6552.
---------------------------------------------------------------------------
    (b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), 
section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and 
section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall apply 
only to public diplomacy programs of the Director of the United 
States Information Agency as carried out prior to any transfer 
of functions pursuant to this subdivision to the same extent 
that such programs were covered by these provisions prior to 
such transfer.
    (c) Limitation on Use of Funds.--(1) \26\ Except as 
provided in section 501 of Public Law 80-402 and section 208 of 
Public Law 99-93, funds specifically authorized to be 
appropriated for such public diplomacy programs, identified as 
public diplomacy funds in any Congressional Presentation 
Document described in subsection (e), or reprogrammed for 
public diplomacy purposes,\27\ shall not be used to influence 
public opinion in the United States, and no program material 
prepared using such funds shall be distributed or disseminated 
in the United States.
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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.--
---------------------------------------------------------------------------

  ``(1) Reenactment.--The provisions of law repealed by section 1334 of the 
Foreign Affairs Reform and Restructuring Act of 1998, as in effect before 
the date of the enactment of this Act, are hereby reenacted into law.

  ``(2) Repeal.--Effective September 30, 2001, section 604 of the United 
States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) 
and section 8 of the Reorganization Plan Numbered 2 of 1977 are repealed.
---------------------------------------------------------------------------

    ``(d) Continuity of Advisory Commission.--Notwithstanding any other 
provision of law, any period of discontinuity of the United States 
Advisory Commission on Public Diplomacy shall not affect the 
appointment or terms of service of members of the commission.
    ``(e) Reduction in Staff and Budget.--Notwithstanding section 
604(b) of the United States Information and Educational Exchange Act of 
1948, effective on the date of the enactment of this Act, the United 
States Advisory Commission on Public Diplomacy shall have not more than 
2 individuals who are compensated staff, and not more than 50 percent 
of the resources allocated in fiscal year 1999.''.
    \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\
---------------------------------------------------------------------------

    \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--
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 6561 note.
---------------------------------------------------------------------------
          (1) April 1, 1999; or
          (2) the date of abolition of the United States 
        International Development Cooperation Agency pursuant 
        to the reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1411.\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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 6562.
---------------------------------------------------------------------------
          (2) Procedures for reallocations or transfers.--The 
        Secretary of State may allocate or transfer as 
        appropriate any funds received under paragraph (1) in 
        the same manner as previously provided for the Director 
        of the International Development Cooperation Agency 
        under section 1-802 of that Executive Order, as in 
        effect on October 1, 1997.
    (b) With Respect to the Overseas Private Investment 
Corporation.--There are transferred to the Administrator of the 
Agency for International Development all functions of the 
Director of the United States International Development 
Cooperation Agency as of the day before the effective date of 
this title with respect to the Overseas Private Investment 
Corporation.
    (c) Other Activities.--The authorities and functions 
transferred to the United States International Development 
Cooperation Agency or the Director of that Agency by section 6 
of Reorganization Plan Numbered 2 of 1979 shall, to the extent 
such authorities and functions have not been repealed, be 
transferred to those agencies or heads of agencies, as the case 
may be, in which those authorities and functions were vested by 
statute as of the day before the effective date of such 
reorganization plan.

SEC. 1413.\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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 6592.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 6611.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 6612.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 6613.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 6614.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 6615.
---------------------------------------------------------------------------
          (1) that have been issued, made, granted, or allowed 
        to become effective by the President, any Federal 
        agency or official thereof, or by a court of competent 
        jurisdiction, in the performance of functions that are 
        transferred under any title of this subdivision; and
          (2) that are in effect as of the effective date of 
        such title, or were final before the effective date of 
        such title and are to become effective on or after the 
        effective date of such title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Secretary, or other 
authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) Pending Proceedings.--
          (1) In general.--The provisions of any title of this 
        subdivision shall not affect any proceedings, including 
        notices of proposed rulemaking, or any application for 
        any license, permit, certificate, or financial 
        assistance pending on the effective date of any title 
        of this subdivision before any Federal agency, 
        commission, or component thereof, functions of which 
        are transferred by any title of this subdivision. Such 
        proceedings and applications, to the extent that they 
        relate to functions so transferred, shall be continued.
          (2) Orders, appeals, payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this subdivision had not been enacted. 
        Orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by the Secretary, by a court of competent 
        jurisdiction, or by operation of law.
          (3) Statutory construction.--Nothing in this 
        subdivision shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this subdivision had not 
        been enacted.
          (4) Regulations.--The Secretary is authorized to 
        promulgate regulations providing for the orderly 
        transfer of proceedings continued under this subsection 
        to the Department.
    (c) No Effect on Judicial or Administrative Proceedings.--
Except as provided in subsection (e) and section 1327(d)--
          (1) the provisions of this subdivision shall not 
        affect suits commenced prior to the effective dates of 
        the respective titles of this subdivision; and
          (2) in all such suits, proceedings shall be had, 
        appeals taken, and judgments rendered in the same 
        manner and effect as if this subdivision had not been 
        enacted.
    (d) Nonabatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official 
capacity of such individual as an officer of any Federal 
agency, or any commission or component thereof, functions of 
which are transferred by any title of this subdivision, shall 
abate by reason of the enactment of this subdivision. No cause 
of action by or against any Federal agency, or any commission 
or component thereof, functions of which are transferred by any 
title of this subdivision, or by or against any officer thereof 
in the official capacity of such officer shall abate by reason 
of the enactment of this subdivision.
    (e) Continuation of Proceeding With Substitution of 
Parties.--If, before the effective date of any title of this 
subdivision, any Federal agency, or officer thereof in the 
official capacity of such officer, is a party to a suit, and 
under this subdivision any function of such department, agency, 
or officer is transferred to the Secretary or any other 
official of the Department, then effective on such date such 
suit shall be continued with the Secretary or other appropriate 
official of the Department substituted or added as a party.
    (f) Reviewability of Orders and Actions Under Transferred 
Functions.--Orders and actions of the Secretary in the exercise 
of functions transferred under any title of this subdivision 
shall be subject to judicial review to the same extent and in 
the same manner as if such orders and actions had been by the 
Federal agency or office, or part thereof, exercising such 
functions immediately preceding their transfer. Any statutory 
requirements relating to notice, hearings, action upon the 
record, or administrative review that apply to any function 
transferred by any title of this subdivision shall apply to the 
exercise of such function by the Secretary.

SEC. 1616.\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.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 6616.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \2\ Sec. 5(a) of the Deceptive Mailings Prevention Act of 1990 
(Public Law 101-524; 104 Stat. 2303) added sec. 413.
---------------------------------------------------------------------------
    (b) To the extent that the Postal Service and the 
Department of State conclude it to be feasible and in the 
public interest, the Postal Service may establish branch post 
offices at United States diplomatic missions in locations 
abroad for which branch post offices are not established under 
section 406, and the Department of State may enter into an 
agreement with the Postal Service to perform postal services at 
such branch post offices through personnel designated by the 
Department of State.
    (c) The Department of State shall reimburse the Postal 
Service for any amounts, determined by the Postal Service, 
equal to the additional costs incurred by the Postal Service, 
including transportation costs, incurred by the Postal Service 
in the performance of its obligations under any agreement 
entered into under this section.
    (d) Each agreement entered into under this section shall 
include--
          (1) provisions under which the Department of State 
        shall make any reimbursements required under subsection 
        (c);
          (2) provisions authorizing the Postal Service to 
        terminate the agreement, and the services provided 
        thereunder, in the event that the Department of State 
        does not comply with the provisions under paragraph 
        (1); and
          (3) any other provisions which may be necessary, 
        including provisions relating to the closing of a post 
        office under this section if necessary because a post 
        office under section 406 is established in the same 
        location.
            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]
---------------------------------------------------------------------------
    \1\ Sec. 2205(4) of the Foreign Service Act of 1980 (Public Law 96-
465; 94 Stat. 2160) repealed sec. 522.
---------------------------------------------------------------------------

        grants to certain widows and survivor annuity elections

    Sec. 523.\2\ (a) A Foreign Service annuitant who was 
married at the time of retirement, whose service terminated 
prior to October 16, 1960, and who has not elected any survivor 
benefit, may, within one hundred and twenty days after the 
effective date of this title, elect a reduction in his or her 
annuity of $300 per annum and provide a survivor benefit of 
$2,400 per annum payable to the annuitant's surviving spouse 
provided the marriage had been in effect for at least two years 
at the time of death or resulted in the birth of a child. The 
survivor annuity shall be treated in all respects as if it had 
been elected under section 821(b) of the Foreign Service Act of 
1946,\3\ as amended by this title.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1076 note.
    \3\ 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.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 915 note.
---------------------------------------------------------------------------
    (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
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    \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.
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    \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.
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    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.''.
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    (b) The Board shall be composed of the designated number of 
representatives of the heads of the following agencies:
          (1) Department of State, four members, at least three 
        of whom must be career members of the Senior Foreign 
        Service;
          (2) United States Information Agency,\5\ two members, 
        one of whom must be a career member of the Senior 
        Foreign Service;
---------------------------------------------------------------------------
    \5\ 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
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    \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.''.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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''.
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    (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''.
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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. 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
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          (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.
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          (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.
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          (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--
---------------------------------------------------------------------------
    \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.
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          (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''.
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    (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.
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    \55\ 50 U.S.C. 1825.
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    (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--
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    \58\ 50 U.S.C. 1826.
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          (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--
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    \59\ 50 U.S.C. 1827.
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          (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--
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    \60\ 50 U.S.C. 1828.
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          (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.
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    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.
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          (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).
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          (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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \75\ 50 U.S.C. 1844.
---------------------------------------------------------------------------

                           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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

                                 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''.
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          (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \22\ Sec. 6(k)(i) of Executive Order 13355 (August 27, 2004; 69 
F.R. 53597) inserted ``, or organizations within the Intelligence 
Community''.
---------------------------------------------------------------------------
                  (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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
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    \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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \4\ In original. Should read Senate Committee on Foreign Relations.
---------------------------------------------------------------------------

Sec. 181.8  Publication.\5\

    (a) The following categories of international agreements 
will not be published in United States Treaties and Other 
International Agreements:
---------------------------------------------------------------------------
    \5\ Sec. 181.8 was added at 61 F.R. 7071, February 16, 1996.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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,''.
---------------------------------------------------------------------------
    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--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4601.
---------------------------------------------------------------------------
          (1) a living institution embodying the heritage, 
        ideals, and concerns of the American people for peace 
        would be a significant response to the deep public need 
        for the Nation to develop fully a range of effective 
        options, in addition to armed capacity, that can leash 
        international violence and manage international 
        conflict;
          (2) people throughout the world are fearful of 
        nuclear war, are divided by war and threats of war, are 
        experiencing social and cultural hostilities from rapid 
        international change and real and perceived conflicts 
        over interests, and are diverted from peace by the lack 
        of problem-solving skills for dealing with such 
        conflicts;
          (3) many potentially destructive conflicts among 
        nations and people have been resolved constructively 
        and with cost efficiency at the international, 
        national, and community levels through proper use of 
        such techniques as negotiation, conciliation, 
        mediation, and arbitration;
          (4) there is a national need to examine the 
        disciplines in the social, behavioral, and physical 
        sciences and the arts and humanities with regard to the 
        history, nature, elements, and future of peace 
        processes, and to bring together and develop new and 
        tested techniques to promote peaceful economic, 
        political, social, and cultural relations in the world;
          (5) existing institutions providing programs in 
        international affairs, diplomacy, conflict resolution, 
        and peace studies are essential to further development 
        of techniques to promote peaceful resolution of 
        international conflict, and the peacemaking activities 
        of people in such institutions, government, private 
        enterprise, and voluntary associations can be 
        strengthened by a national institution devoted to 
        international peace research, education and training, 
        and information services;
          (6) there is a need for Federal leadership to expand 
        and support the existing international peace and 
        conflict resolution efforts of the Nation and to 
        develop new comprehensive peace education and training 
        programs, basic and applied research projects, and 
        programs providing peace information;
          (7) the Commission on Proposals for the National 
        Academy of Peace and Conflict Resolution, created by 
        the Education Amendments of 1978, recommended 
        establishing an academy as a highly desirable 
        investment to further the Nation's interest in 
        promoting international peace;
          (8) an institute strengthening and symbolizing the 
        fruitful relation between the world of learning and the 
        world of public affairs, would be the most efficient 
        and immediate means for the Nation to enlarge its 
        capacity to promote the peaceful resolution of 
        international conflicts; and
          (9) the establishment of such an institute is an 
        appropriate investment by the people of this Nation to 
        advance the history, science, art, and practice of 
        international peace and the resolution of conflicts 
        among nations without the use of violence.
    (b) It is the purpose of this title to establish an 
independent, non-profit, national institute to serve the people 
and the Government through the widest possible range of 
education and training, basic and applied research 
opportunities, and peace information services on the means to 
promote international peace and the resolution of conflicts 
among the nations and peoples of the world without recourse to 
violence.

                              definitions

    Sec. 1703.\2\ As used in this title, the term--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4602.
---------------------------------------------------------------------------
          (1) ``Institute'' means the United States Institute 
        of Peace established by this title; and
          (2) ``Board'' means the Board of Directors of the 
        Institute.

                     establishment of the institute

    Sec. 1704.\3\ (a) There is hereby established the United 
States Institute of Peace.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 4603.
---------------------------------------------------------------------------
    (b) The Institute is an independent nonprofit corporation 
and an organization described in section 170(c)(2)(B) of the 
Internal Revenue Code of 1954. The Institute does not have the 
power to issue any shares of stock or to declare or pay any 
dividends.
    (c) As determined by the Board, the Institute may 
establish, under the laws of the District of Columbia, a legal 
entity which is capable of receiving, holding, and investing 
public funds for purposes in furtherance of the Institute under 
this title. The Institute may designate such legal entity as 
the ``Endowment of the United States Institute for Peace''.
    (d) The Institute is liable for the acts of its directors, 
officers, employees, and agents when acting within the scope of 
their authority.
    (e)(1) The Institute has the sole and exclusive right to 
use and to allow or refuse others the use of the terms ``United 
States Institute of Peace'', ``Jennings Randolph Program for 
International Peace'', ``Spark M. Matsunaga Medal of 
Peace'',\4\ and ``Endowment of the United States Institute of 
Peace'' and the use of any official United States Institute of 
Peace emblem, badge, seal, and other mark of recognition or any 
colorable simulation thereof. No powers or privileges hereby 
granted shall interfere or conflict with established or vested 
rights secured as of September 1, 1981.
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    \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)).
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    \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).
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          (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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 4605.
---------------------------------------------------------------------------
    (b) The Board shall consist of fifteen voting members as 
follows:
          (1) The Secretary of State (or if the Secretary so 
        designates, another officer of the Department of State 
        who was appointed with the advice and consent of the 
        Senate).
          (2) The Secretary of Defense (or if the Secretary so 
        designates, another officer of the Department of 
        Defense who was appointed with the advice and consent 
        of the Senate).
          (3) \17\ The president of the National Defense 
        University (or if the president so designates, the vice 
        president of the National Defense University).
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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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 4607.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
    \1\ 20 U.S.C. 1172 note.
---------------------------------------------------------------------------

                          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).
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------
      

                      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
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    \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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \14\ Sec. 705(a)(6) of Public Law 104-132 (110 Stat. 1295) struck 
out ``five'' and inserted in lieu thereof ``ten''.
---------------------------------------------------------------------------
    (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)).
---------------------------------------------------------------------------

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
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    \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,
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    \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\
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    \27\ 18 U.S.C. 921(a)(4) provides the following:
    ``(4) The term `destructive device' means--
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  ``(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:
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`` 832. participation in nuclear and weapons of mass destruction threats 
to the united states
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    ``(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--
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  ``(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.
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    ``(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''.
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(1) In general.--Within the United States, an investigation may be 
initiated or continued under this section only when facts reasonably 
indicate that--

  ``(A) in the case of an individual, the individual knowingly or 
intentionally engages, has engaged, or is about to engage in the violation 
of this or any other Federal criminal law; and

  ``(B) in the case of a group of individuals, the group knowingly or 
intentionally engages, has engaged, or is about to engage in the violation 
of this or any other Federal criminal law.

  ``(2) Activities protected by the first amendment.--An investigation may 
not be initiated or continued under this section based on activities 
protected by the First Amendment to the Constitution, including expressions 
of support or the provision of financial support for the nonviolent 
political, religious, philosophical, or ideological goals or beliefs of any 
person or group.''.
---------------------------------------------------------------------------

    Sec. 601(b)(2) of 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.--
---------------------------------------------------------------------------

  ``(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.''.
---------------------------------------------------------------------------

    \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.''.
---------------------------------------------------------------------------
    (b) \69\ Definitions.--As used in this section--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(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.--
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

    \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--
---------------------------------------------------------------------------
    \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);
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
                  (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''.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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,''.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
                  (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\
---------------------------------------------------------------------------
    \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))''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
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    (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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \28\ 8 U.S.C. 1771.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \29\ 8 U.S.C. 1772.
---------------------------------------------------------------------------
          (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)).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
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          (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)''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \10\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. III.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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;
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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;
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

``sec. 303. 4-year congressional review; expedited consideration.
---------------------------------------------------------------------------

    ``(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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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''.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          * * * * * * *

                         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\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Diplomatic Security 
and Antiterrorism Act of 1986''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:
                                                                    Page
Sec. 1.  Short title..............................................  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--
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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;''.
---------------------------------------------------------------------------
          (3) \3\ to promote strengthened security measures and 
        to provide for the accountability of United States 
        Government personnel with security-related 
        responsibilities; \4\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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;
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \9\ Sec. 1(f)(4)(A)(i) of Public Law 103-415 (108 Stat. 4300) 
struck out ``operations'' and inserted in lieu thereof ``operation''.
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

SEC. 105.\13\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 4805.
---------------------------------------------------------------------------
    (b) Other Agencies.--Nothing contained in titles I through 
IV shall be construed to limit or impair the authority or 
responsibility of any other Federal, State, or local agency 
with respect to law enforcement, domestic security operations, 
or intelligence activities as defined in Executive Order 12333.
    (c) Certain Lease Arrangements.--The Administrator of 
General Services is authorized to lease (to such extent or in 
cash amounts as are provided in appropriation Acts) such amount 
of space in the United States as may be necessary for the 
Department of State to accommodate the personnel required to 
carry out this title. The Department of State shall pay for 
such space at the rate established by the Administrator of 
General Services for space and related services.

SEC. 107.\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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

                        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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

               TITLE III--PERFORMANCE AND ACCOUNTABILITY

SEC. 301.\25\ ACCOUNTABILITY REVIEW BOARDS.

    (a) In General.--
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``sec. 301. accountability review.
---------------------------------------------------------------------------

    ``In any case of serious injury, loss of life, or significant 
destruction of property at or related to a United States Government 
mission abroad, and in any case of a serious breach of security 
involving intelligence activities of a foreign government directed at a 
United States Government mission abroad, which is covered by the 
provisions of titles I through IV (other than a facility or 
installation subject to the control of a United States area military 
commander), the Secretary of State shall convene an Accountability 
Review Board (hereafter in this title referred to as the ``Board''). 
With respect to breaches of security involving intelligence activities, 
the Secretary of State may delay establishing an Accountability Review 
Board if, after consultation with the Chairman of the Select Committee 
on Intelligence of the Senate and the Chairman of the Permanent Select 
Committee on Intelligence of the House of Representatives, the 
Secretary determines that doing so would compromise intelligence 
sources and methods. The Secretary shall promptly advise the Chairmen 
of such committees of each determination pursuant to this section to 
delay the establishment of an Accountability Review Board. The 
Secretary shall not convene a Board where the Secretary determines that 
a case clearly involves only causes unrelated to security.''.
    Sec. 140(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399; 8 U.S.C. 1182 
note), as amended, provides the following:
    ``(c) 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 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.''.
---------------------------------------------------------------------------

    The Secretary of State convened an Accountability Review Board in 
each of the following instances:
---------------------------------------------------------------------------

  --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.
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \27\ Sec. 3(2) of Public Law 109-140 (119 Stat. 2650) added para. 
(3).
---------------------------------------------------------------------------
                  (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--
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    \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.--
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    \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--
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 4853.
---------------------------------------------------------------------------
          (1) strengthen the security procedures applicable to 
        contractors and subcontractors involved in any way with 
        any diplomatic construction or design project; and
          (2) permit a contractor or subcontractor to have 
        access to any design or blueprint relating to such a 
        project only in accordance with those procedures.

SEC. 404.\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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 4857.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    ``(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''.
---------------------------------------------------------------------------
          ``(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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \87\ 46 U.S.C. app. 1805.
---------------------------------------------------------------------------
    (b) Prohibition.--It shall be unlawful for any passenger 
vessel common carrier, or any passenger vessel of the United 
States, to operate in violation of the suspension of rights by 
the President under this section.
    (c) Penalty.--(1) If a person operates a vessel in 
violation of this section, the Secretary of the department in 
which the Coast Guard is operating may deny the vessels of that 
person entry to United States ports.
    (2) A person violating this section is liable to the United 
States Government for a civil penalty of not more than $50,000. 
Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.

SEC. 910.\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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

              TITLE XI--SECURITY AT MILITARY BASES ABROAD

SEC. 1101.\94\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \94\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) there is evidence that terrorists consider bases 
        and installations of United States Armed Forces outside 
        the United States to be targets for attack;
          (2) more attention should be given to the protection 
        of members of the Armed Forces, and members of their 
        families, stationed outside the United States; and
          (3) current programs to educate members of the Armed 
        Forces, and members of their families, stationed 
        outside of the United States to the threats of 
        terrorist activity and how to protect themselves should 
        be substantially expanded.

SEC. 1102.\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. * * *

          * * * * * * *
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
          * * * * * * *

                  DIVISION C--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

    (a) Payments.--
          (1) In general.--Subject to subsections (b) and (c), 
        the Secretary of the Treasury shall pay each person 
        described in paragraph (2), at the person's election--
                  (A) 110 percent of compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest under section 1961 of such title, and, 
                in the case of a claim or claims against Cuba, 
                amounts awarded as sanctions by judicial order 
                on April 18, 2000 (as corrected on June 2, 
                2000), subject to final appellate review of 
                that order; or
                  (B) 100 percent of the compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest, as provided in section 1961 of such 
                title, and, in the case of a claim or claims 
                against Cuba, amounts awarded as sanctions by 
                judicial order on April 18, 2000 (as corrected 
                June 2, 2000), subject to final appellate 
                review of that order.
        Payments under this subsection shall be made promptly 
        upon request.
          (2) Persons covered.--A person described in this 
        paragraph is a person who--
                  (A)(i) as of July 20, 2000, held a final 
                judgment for a claim or claims brought under 
                section 1605(a)(7) of title 28, United States 
                Code, against Iran or Cuba, or the right to 
                payment of an amount awarded as a judicial 
                sanction with respect to such claim or claims; 
                or
                  (ii) filed a suit under such section 
                1605(a)(7) on February 17, 1999, December 13, 
                1999, January 28, 2000, March 15, 2000, or July 
                27, 2000;
                  (B) relinquishes all claims and rights to 
                compensatory damages and amounts awarded as 
                judicial sanctions under such judgments;
                  (C) in the case of payment under paragraph 
                (1)(A), relinquishes all rights and claims to 
                punitive damages awarded in connection with 
                such claim or claims; and
                  (D) in the case of payment under paragraph 
                (1)(B), relinquishes all rights to execute 
                against or attach property that is at issue in 
                claims against the United States before an 
                international tribunal, that is the subject of 
                awards rendered by such tribunal, or that is 
                subject to section 1610(f )(1)(A) of title 28, 
                United States Code.
    (b) Funding of Amounts.--
          (1) Judgments against cuba.--For purposes of funding 
        the payments under subsection (a) in the case of 
        judgments and sanctions entered against the Government 
        of Cuba or Cuban entities, the President shall vest and 
        liquidate up to and not exceeding the amount of 
        property of the Government of Cuba and sanctioned 
        entities in the United States or any commonwealth, 
        territory, or possession thereof that has been blocked 
        pursuant to section 5(b) of the Trading with the Enemy 
        Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701-1702), or any other proclamation, order, or 
        regulation issued thereunder. For the purposes of 
        paying amounts for judicial sanctions, payment shall be 
        made from funds or accounts subject to sanctions as of 
        April 18, 2000, or from blocked assets of the 
        Government of Cuba.
          (2) Judgments against iran.--For purposes of funding 
        payments under subsection (a) in the case of judgments 
        against Iran, the Secretary of the Treasury shall make 
        such payments from amounts paid and liquidated from--
                  (A) rental proceeds accrued on the date of 
                the enactment of this Act from Iranian 
                diplomatic and consular property located in the 
                United States; and
                  (B) funds not otherwise made available in an 
                amount not to exceed the total of the amount in 
                the Iran Foreign Military Sales Program account 
                within the Foreign Military Sales Fund on the 
                date of the enactment of this Act.
    (c) Subrogation.--Upon payment under subsection (a) with 
respect to payments in connection with a Foreign Military Sales 
Program account, the United States shall be fully subrogated, 
to the extent of the payments, to all rights of the person paid 
under that subsection against the debtor foreign state. The 
President shall pursue these subrogated rights as claims or 
offsets of the United States in appropriate ways, including any 
negotiation process which precedes the normalization of 
relations between the foreign state designated as a state 
sponsor of terrorism and the United States, except that no 
funds shall be paid to Iran, or released to Iran, from property 
blocked under the International Emergency Economic Powers Act 
or from the Foreign Military Sales Fund, until such subrogated 
claims have been dealt with to the satisfaction of the United 
States.
    (d) Sense of the Congress.--It is the sense of the Congress 
that the President should not normalize relations between the 
United States and Iran until the claims subrogated have been 
dealt with to the satisfaction of the United States.
    (e) Reaffirmation of Authority.--Congress reaffirms the 
President's statutory authority to manage and, where 
appropriate and consistent with the national interest, vest 
foreign assets located in the United States for the purposes, 
among other things, of assisting and, where appropriate, making 
payments to victims of terrorism.
    (f) Amendments.--(1) Section 1610(f) of title 28, United 
States Code, is amended-- * * *
    (2) Subsections (b) and (d) of section 117 of the Treasury 
Department Appropriations Act, 1999 (as contained in section 
101(h) of Public Law 105-277) are repealed.\2\
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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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SEC. 602.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4865 note.
---------------------------------------------------------------------------
          (1) On August 7, 1998, the United States embassies in 
        Nairobi, Kenya, and in Dar es Salaam, Tanzania, were 
        destroyed by simultaneously exploding bombs. The 
        resulting explosions killed 220 persons and injured 
        more than 4,000 others. Twelve Americans and 40 Kenyan 
        and Tanzanian employees of the United States Foreign 
        Service were killed in the attack.
          (2) The United States personnel in both Dar es Salaam 
        and Nairobi showed leadership and personal courage in 
        their response to the attacks. Despite the havoc 
        wreaked upon the embassies, staff in both embassies 
        provided rapid response in locating and rescuing 
        victims, providing emergency assistance, and quickly 
        restoring embassy operations during a crisis.
          (3) The bombs are believed to have been set by 
        individuals associated with Osama bin Laden, leader of 
        a known transnational terrorist organization. In 
        February 1998, bin Laden issued a directive to his 
        followers that called for attacks against United States 
        interests anywhere in the world.
          (4) Threats continue to be made against United States 
        diplomatic facilities.
          (5) Accountability Review Boards were convened 
        following the bombings, as required by Public Law 99-
        399, chaired by Admiral William J. Crowe, United States 
        Navy (Ret.) (in this section referred to as the ``Crowe 
        panels'').
          (6) The conclusions of the Crowe panels were 
        strikingly similar to those stated by the Commission 
        chaired by Admiral Bobby Ray Inman, which issued an 
        extensive embassy security report in 1985.
          (7) The Crowe panels issued a report setting out many 
        problems with security at United States diplomatic 
        facilities, in particular the following:
                  (A) The United States Government has devoted 
                inadequate resources to security against 
                terrorist attacks.
                  (B) The United States Government places too 
                low a priority on security concerns.
          (8) The result has been a failure to take adequate 
        steps to prevent tragedies such as the bombings in 
        Kenya and Tanzania.
          (9) The Crowe panels found that there was an 
        institutional failure on the part of the Department of 
        State to recognize threats posed by transnational 
        terrorism and vehicular bombs.
          (10) Responsibility for ensuring adequate resources 
        for security programs is widely shared throughout the 
        United States Government, including Congress. Unless 
        the vulnerabilities identified by the Crowe panels are 
        addressed in a sustained and financially realistic 
        manner, the lives and safety of United States employees 
        in diplomatic facilities will continue to be at risk 
        from further terrorist attacks.
          (11) Although service in the Foreign Service or other 
        United States Government positions abroad can never be 
        completely without risk, the United States Government 
        must take all reasonable steps to minimize security 
        risks.

SEC. 603.\2\ UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this title, the terms ``United States diplomatic 
facility'' and ``diplomatic facility'' mean any chancery, 
consulate, or other office notified to the host government as 
diplomatic or consular premises in accordance with the Vienna 
Conventions on Diplomatic and Consular Relations, or otherwise 
subject to a publicly available bilateral agreement with the 
host government (contained in the records of the United States 
Department of State) that recognizes the official status of the 
United States Government personnel present at the facility.

SEC. 604.\2\ AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--In addition to 
amounts otherwise authorized to be appropriated by this or any 
other Act, there are authorized to be appropriated for 
``Embassy Security, Construction and Maintenance''--
          (1) for fiscal year 2000, $900,000,000;
          (2) for fiscal year 2001, $900,000,000;
          (3) for fiscal year 2002, $900,000,000;
          (4) \3\ for fiscal year 2003, $1,000,000,000; and
---------------------------------------------------------------------------
    \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).''.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

             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\
---------------------------------------------------------------------------
    \7\ Sec. 321(a) added a new sec. 2332d to 18 U.S.C., relating to 
financial transactions with terrorists. Subsec. (b) made a technical 
amendment to the same title.
---------------------------------------------------------------------------
    (b) * * *
    (c) Effective Date.--The amendments made by this section 
shall become effective 120 days after the date of enactment of 
this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended 
to read as follows: * * * \8\
---------------------------------------------------------------------------
    \8\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to 
foreign air carrier security programs. See Legislation on Foreign 
Relations Through 2005, vol. IV.
---------------------------------------------------------------------------

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended 
to read as follows: * * * \9\
---------------------------------------------------------------------------
    \9\ Sec. 323 amended and restated 18 U.S.C. 2339A, relating to 
providing material support to terrorists.
---------------------------------------------------------------------------

SEC. 324.\10\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2377 note.
---------------------------------------------------------------------------
          (1) international terrorism is among the most serious 
        transnational threats faced by the United States and 
        its allies, far eclipsing the dangers posed by 
        population growth or pollution;
          (2) the President should continue to make efforts to 
        counter international terrorism a national security 
        priority;
          (3) because the United Nations has been an inadequate 
        forum for the discussion of cooperative, multilateral 
        responses to the threat of international terrorism, the 
        President should undertake immediate efforts to develop 
        effective multilateral responses to international 
        terrorism as a complement to national counter terrorist 
        efforts;
          (4) the President should use all necessary means, 
        including covert action and military force, to disrupt, 
        dismantle, and destroy international infrastructure 
        used by international terrorists, including overseas 
        terrorist training facilities and safe havens;
          (5) the Congress deplores decisions to ease, evade, 
        or end international sanctions on state sponsors of 
        terrorism, including the recent decision by the United 
        Nations Sanctions Committee to allow airline flights to 
        and from Libya despite Libya's noncompliance with 
        United Nations resolutions; and
          (6) the President should continue to undertake 
        efforts to increase the international isolation of 
        state sponsors of international terrorism, including 
        efforts to strengthen international sanctions, and 
        should oppose any future initiatives to ease sanctions 
        on Libya or other state sponsors of terrorism.

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
                    STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620F the 
following new section: * * * \11\
---------------------------------------------------------------------------
    \11\ Sec. 325 added a new sec. 620G to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that aid terrorist states. See Legislation on Foreign 
Relations Through 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------

    \18\ Subtitle B made several amendments to the Immigration and 
Nationality Act relating to the exclusion of alien terrorists, denial 
of visas and other relief. See 8 U.S.C. 1182, 1251, 1253, 1254, 1255, 
and 1259.
---------------------------------------------------------------------------

        Subtitle C--Modification to Asylum Procedures * * * \19\
---------------------------------------------------------------------------

    \19\ Subtitle C made several amendments to the Immigration and 
Nationality Act relating to asylum procedures. See 8 U.S.C. 1105a, 
1158, and 1225.
---------------------------------------------------------------------------
          * * * * * * *

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

                     Subtitle A--Nuclear Materials

SEC. 501.\20\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \20\ 18 U.S.C. 831 note.
---------------------------------------------------------------------------
          (1) nuclear materials, including byproduct materials, 
        can be used to create radioactive dispersal devices 
        that are capable of causing serious bodily injury as 
        well as substantial damage to property and to the 
        environment;
          (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by 
        terrorist activities and thereby has a greater effect 
        on the security interests of the United States;
          (3) due to the widespread hazards presented by the 
        threat of nuclear contamination, as well as nuclear 
        bombs, the United States has a strong interest in 
        ensuring that persons who are engaged in the illegal 
        acquisition and use of nuclear materials, including 
        byproduct materials, are prosecuted for their offenses;
          (4) the threat that nuclear materials will be 
        obtained and used by terrorist and other criminal 
        organizations has increased substantially since the 
        enactment in 1982 of the legislation that implemented 
        the Convention on the Physical Protection of Nuclear 
        Material, codified at section 831 of title 18, United 
        States Code;
          (5) the successful efforts to obtain agreements from 
        other countries to dismantle nuclear weapons have 
        resulted in increased packaging and transportation of 
        nuclear materials, thereby decreasing the security of 
        such materials by increasing the opportunity for 
        unlawful diversion and theft;
          (6) the trafficking in the relatively more common, 
        commercially available, and usable nuclear and 
        byproduct materials creates the potential for 
        significant loss of life and environmental damage;
          (7) report trafficking incidents in the early 1990's 
        suggest that the individuals involved in trafficking in 
        these materials from Eurasia and Eastern Europe 
        frequently conducted their black market sales of these 
        materials within the Federal Republic of Germany, the 
        Baltic States, the former Soviet Union, Central Europe, 
        and to a lesser extent in the Middle European 
        countries;
          (8) the international community has become 
        increasingly concerned over the illegal possession of 
        nuclear and nuclear byproduct materials;
          (9) the potentially disastrous ramifications of 
        increased access to nuclear and nuclear byproduct 
        materials pose such a significant threat that the 
        United States must use all lawful methods available to 
        combat the illegal use of such materials;
          (10) the United States has an interest in encouraging 
        United States corporations to do business in the 
        countries that comprised the former Soviet Union, and 
        in other developing democracies;
          (11) protection of such United States corporations 
        from threats created by the unlawful use of nuclear 
        materials is important to the success of the effort to 
        encourage business ventures in these countries, and to 
        further the foreign relations and commerce of the 
        United States;
          (12) the nature of nuclear contamination is such that 
        it may affect the health, environment, and property of 
        United States nationals even if the acts that 
        constitute the illegal activity occur outside the 
        territory of the United States, and are primarily 
        directed toward foreign nationals; and
          (13) there is presently no Federal criminal statute 
        that provides adequate protection to United States 
        interests from nonweapons grade, yet hazardous 
        radioactive material, and from the illegal diversion of 
        nuclear materials that are held for other than peaceful 
        purposes.
    (b) Purpose.--The purpose of this title is to provide 
Federal law enforcement agencies with the necessary means and 
the maximum authority permissible under the Constitution to 
combat the threat of nuclear contamination and proliferation 
that may result from the illegal possession and use of 
radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
                    MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended-- * 
* * \21\
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (1) certain biological agents have the potential to 
        pose a severe threat to public health and safety;
          (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of 
        domestic or international terrorism or for other 
        criminal purposes;
          (3) the transfer and possession of potentially 
        hazardous biological agents should be regulated to 
        protect public health and safety; and
          (4) efforts to protect the public from exposure to 
        such agents should ensure that individuals and groups 
        with legitimate objectives continue to have access to 
        such agents for clinical and research purposes.
    (b) Criminal Enforcement.--Chapter 10 of title 18, United 
States Code, is amended-- * * * \23\
---------------------------------------------------------------------------
    \23\ Subsec. (b) amended 18 U.S.C. 175-178.
---------------------------------------------------------------------------
    (c) Terrorism.--Section 2332a(a) of title 18, United States 
Code, is amended * * *
    (d)-(g) \24\ * * * [Repealed--2002]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

               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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \28\ 18 U.S.C. 841 note.
---------------------------------------------------------------------------

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

          * * * * * * *

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after section 
2332a the following new section: * * * \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.
---------------------------------------------------------------------------
          * * * * * * *

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.
---------------------------------------------------------------------------
    \30\ 28 U.S.C. 509 note.
---------------------------------------------------------------------------
          * * * * * * *

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--
---------------------------------------------------------------------------
    \31\ 18 U.S.C. 470 note.
---------------------------------------------------------------------------
          (1) study the use and holding of United States 
        currency in foreign countries; and
          (2) develop useful estimates of the amount of 
        counterfeit United States currency that circulates 
        outside the United States each year.
    (b) Evaluation Audit Plan.--
          (1) In general.--The Secretary shall develop an 
        effective international evaluation audit plan that is 
        designed to enable the Secretary to carry out the 
        duties described in subsection (a) on a regular and 
        thorough basis.
          (2) Submission of detailed written summary.--The 
        Secretary shall submit a detailed written summary of 
        the evaluation audit plan developed pursuant to 
        paragraph (1) to the Congress before the end of the 6-
        month period beginning on the date of the enactment of 
        this Act.
          (3) First evaluation audit under plan.--The Secretary 
        shall begin the first evaluation audit pursuant to the 
        evaluation audit plan no later than the end of the 1-
        year period beginning on the date of the enactment of 
        this Act.
          (4) Subsequent evaluation audits.--At least 1 
        evaluation audit shall be performed pursuant to the 
        evaluation audit plan during each 3-year period 
        beginning after the date of the commencement of the 
        evaluation audit referred to in paragraph (3).
    (c) Reports.--
          (1) In general.--The Secretary shall submit a written 
        report to the Committee on Banking and Financial 
        Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate on the results of each evaluation audit 
        conducted pursuant to subsection (b) within 90 days 
        after the completion of the evaluation audit.
          (2) Contents.--In addition to such other information 
        as the Secretary may determine to be appropriate, each 
        report submitted to the Congress pursuant to paragraph 
        (1) shall include the following information:
                  (A) A detailed description of the evaluation 
                audit process and the methods used to develop 
                estimates of the amount of counterfeit United 
                States currency in circulation outside the 
                United States.
                  (B) The method used to determine the currency 
                sample examined in connection with the 
                evaluation audit and a statistical analysis of 
                the sample examined.
                  (C) A list of the regions of the world, types 
                of financial institutions, and other entities 
                included.
                  (D) An estimate of the total amount of United 
                States currency found in each region of the 
                world.
                  (E) The total amount of counterfeit United 
                States currency and the total quantity of each 
                counterfeit denomination found in each region 
                of the world.
          (3) Classification of information.--
                  (A) In general.--To the greatest extent 
                possible, each report submitted to the Congress 
                under this subsection shall be submitted in an 
                unclassified form.
                  (B) Classified and unclassified forms.--If, 
                in the interest of submitting a complete report 
                under this subsection, the Secretary determines 
                that it is necessary to include classified 
                information in the report, the report shall be 
                submitted in a classified and an unclassified 
                form.
    (d) Sunset Provision.--This section shall cease to be 
effective as of the end of the 10-year period beginning on the 
date of the enactment of this Act.
    (e) Rule of Construction.--No provision of this section 
shall be construed as authorizing any entity to conduct 
investigations of counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
          (1) United States currency is being counterfeited 
        outside the United States.
          (2) The One Hundred Third Congress enacted, with the 
        approval of the President on September 13, 1994, 
        section 470 of title 18, United States Code, making 
        such activity a crime under the laws of the United 
        States.
          (3) The expeditious posting of agents of the United 
        States Secret Service to overseas posts, which is 
        necessary for the effective enforcement of section 470 
        and related criminal provisions, has been delayed.
          (4) While section 470 of title 18, United States 
        Code, provides for a maximum term of imprisonment of 20 
        years as opposed to a maximum term of 15 years for 
        domestic counterfeiting, the United States Sentencing 
        Commission has failed to provide, in its sentencing 
        guidelines, for an appropriate enhancement of 
        punishment for defendants convicted of counterfeiting 
        United States currency outside the United States.
    (g) Timely Consideration of Requests for Concurrence in 
Creation of Overseas Posts.--
          (1) In general.--The Secretary of State shall--
                  (A) consider in a timely manner the request 
                by the Secretary of the Treasury for the 
                placement of such number of agents of the 
                United States Secret Service as the Secretary 
                of the Treasury considers appropriate in posts 
                in overseas embassies; and
                  (B) reach an agreement with the Secretary of 
                the Treasury on such posts as soon as possible 
                and, in any event, not later than December 31, 
                1996.
          (2) Cooperation of treasury required.--The Secretary 
        of the Treasury shall promptly provide any information 
        requested by the Secretary of State in connection with 
        such requests.
          (3) Reports required.--The Secretary of the Treasury 
        and the Secretary of State shall each submit, by 
        February 1, 1997, a written report to the Committee on 
        Banking and Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate explaining the reasons 
        for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved 
        post by such date.
    (h) Enhanced Penalties for International Counterfeiting of 
United States Currency.--Pursuant to the authority of the 
United States Sentencing Commission under section 994 of title 
28, United States Code, the Commission shall amend the 
sentencing guidelines prescribed by the Commission to provide 
an appropriate enhancement of the punishment for a defendant 
convicted under section 470 of title 18 of such Code.
          * * * * * * *

         Subtitle B--Funding Authorizations for Law Enforcement

          * * * * * * *

SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
                    DETECTION DEVICES AND OTHER COUNTERTERRORISM 
                    TECHNOLOGY.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for each of the fiscal years 1997 and 1998 to 
provide assistance to foreign countries facing an imminent 
danger of terrorist attack that threatens the national interest 
of the United States, or puts United States nationals at risk, 
in--
          (1) obtaining explosive detection devices and other 
        counterterrorism technology;
          (2) conducting research and development projects on 
        such technology; and
          (3) testing and evaluating counterterrorism 
        technologies in those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
                    TECHNOLOGIES.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for fiscal year 1997, to--
          (1) develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                  (A) detection of weapons, explosives, 
                chemicals, and persons;
                  (B) tracking;
                  (C) surveillance;
                  (D) vulnerability assessment; and
                  (E) information technologies;
          (2) develop standards to ensure the adequacy of 
        products produced and compatibility with relevant 
        national systems; and
          (3) identify and assess requirements for technologies 
        to assist State and local law enforcement in the 
        national program to combat terrorism.
          * * * * * * *

SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle 
may be made from the Violent Crime Reduction Trust Fund.

                        TITLE IX--MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

    (a) \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.
---------------------------------------------------------------------------
    \32\ 18 U.S.C. 7 note. For Presidential Proclamation 5928, see 
Legislation on Foreign Relations Through 2005, vol. IV.
---------------------------------------------------------------------------
    (b) Assimilated Crimes in Extended Territorial Sea.--
Section 13 of title 18, United States Code, is amended--
          (1) in subsection (a), by inserting after ``title,'' 
        the following: ``or on, above, or below any portion of 
        the territorial sea of the United States not within the 
        jurisdiction of any State, Commonwealth, territory, 
        possession, or district''; and
          (2) by adding at the end the following new 
        subsection:
    ``(c) Whenever any waters of the territorial sea of the 
United States lie outside the territory of any State, 
Commonwealth, territory, possession, or district, such waters 
(including the airspace above and the seabed and subsoil below, 
and artificial islands and fixed structures erected thereon) 
shall be deemed, for purposes of subsection (a), to lie within 
the area of the State, Commonwealth, territory, possession, or 
district that it would lie within if the boundaries of such 
State, Commonwealth, territory, possession, or district were 
extended seaward to the outer limit of the territorial sea of 
the United States.''.

SEC. 902.\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.
---------------------------------------------------------------------------
    \33\ 42 U.S.C. 1973gg note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 904. SEVERABILITY.

    If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the 
remainder of this Act, the amendments made by this Act, and the 
application of the provisions of such to any person or 
circumstance shall not be affected thereby.
                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''.
---------------------------------------------------------------------------
    \1\ 28 U.S.C. 1350 note.
---------------------------------------------------------------------------

SEC. 2.\1\ ESTABLISHMENT OF CIVIL ACTION.

    (a) Liability.--An individual who, under actual or apparent 
authority, or color of law, of any foreign nation--
          (1) subjects an individual to torture shall, in a 
        civil action, be liable for damages to that individual; 
        or
          (2) subjects an individual to extrajudicial killing 
        shall, in a civil action, be liable for damages to the 
        individual's legal representative, or to any person who 
        may be a claimant in an action for wrongful death.
    (b) Exhaustion of Remedies.--A court shall decline to hear 
a claim under this section if the claimant has not exhausted 
adequate and available remedies in the place in which the 
conduct giving rise to the claim occurred.
    (c) Statute of Limitations.--No action shall be maintained 
under this section unless it is commenced within 10 years after 
the cause of action arose.

SEC. 3.\1\ DEFINITIONS.

    (a) Extrajudicial Killing.--For the purposes of this Act, 
the term ``extrajudicial killing'' means a deliberated killing 
not authorized by a previous judgment pronounced by a regularly 
constituted court affording all the judicial guarantees which 
are recognized as indispensable by civilized peoples. Such 
term, however, does not include any such killing that, under 
international law, is lawfully carried out under the authority 
of a foreign nation.
    (b) Torture.--For the purposes of this Act--
          (1) the term ``torture'' means any act, directed 
        against an individual in the offender's custody or 
        physical control, by which severe pain or suffering 
        (other than pain or suffering arising only from or 
        inherent in, or incidental to, lawful sanctions), 
        whether physical or mental, is intentionally inflicted 
        on that individual for such purposes as obtaining from 
        that individual or a third person information or a 
        confession, punishing that individual for an act that 
        individual or a third person has committed or is 
        suspected of having committed, intimidating or coercing 
        that individual or a third person, or for any reason 
        based on discrimination of any kind; and
          (2) mental pain or suffering refers to prolonged 
        mental harm caused by or resulting from--
                  (A) the intentional infliction or threatened 
                infliction of severe physical pain or 
                suffering;
                  (B) the administration or application, or 
                threatened administration or application, of 
                mind altering substances or other procedures 
                calculated to disrupt profoundly the senses or 
                the personality;
                  (C) the threat of imminent death; or
                  (D) the threat that another individual will 
                imminently be subjected to death, severe 
                physical pain or suffering, or the 
                administration or application of mind altering 
                substances or other procedures calculated to 
                disrupt profoundly the senses or personality.
             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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5201.
---------------------------------------------------------------------------
          (1) Middle East terrorism accounted for 60 percent of 
        total international terrorism in 1985;
          (2) the Palestine Liberation Organization (hereafter 
        in this title referred to as the ``PLO'') was directly 
        responsible for the murder of an American citizen on 
        the Achille Lauro cruise liner in 1985, and a member of 
        the PLO's Executive Committee is under indictment in 
        the United States for the murder of that American 
        citizen;
          (3) the head of the PLO has been implicated in the 
        murder of a United States Ambassador overseas;
          (4) the PLO and its constituent groups have taken 
        credit for, and been implicated in, the murders of 
        dozens of American citizens abroad;
          (5) the PLO covenant specifically states that ``armed 
        struggle is the only way to liberate Palestine, thus it 
        is an overall strategy, not merely a tactical phase'';
          (6) the PLO rededicated itself to the ``continuing 
        struggle in all its armed forms'' at the Palestine 
        National Council meeting in April 1987; and
          (7) the Attorney General has stated that ``various 
        elements of the Palestine Liberation Organization and 
        its allies and affiliates are in the thick of 
        international terror''.
  (b) Determinations.--Therefore, the Congress determines that 
the PLO and its affiliates are a terrorist organization and a 
threat to the interests of the United States, its allies, and 
to international law and should not benefit from operating in 
the United States.

SEC. 1003.\2\,}\3\ PROHIBITIONS REGARDING THE PLO.

  It shall be unlawful, if the purpose be to further the 
interests of the Palestine Liberation Organization or any of 
its constituent groups, any successor to any of those, or any 
agents thereof, on or after the effective date of this title--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5202.
    \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).
---------------------------------------------------------------------------
          (1) to receive anything of value except informational 
        material from the PLO or any of its constituent groups, 
        any successor thereto, or any agents thereof;
          (2) to expend funds from the PLO or any of its 
        constituent groups, any successor thereto, or any 
        agents thereof; or
          (3) notwithstanding any provision of law to the 
        contrary, to establish or maintain an office, 
        headquarters, premises, or other facilities or 
        establishments within the jurisdiction of the United 
        States at the behest or direction of, or with funds 
        provided by the Palestine Liberation Organization or 
        any of its constituent groups, any successor to any of 
        those, or any agents thereof.

SEC. 1004.\4\ ENFORCEMENT.

  (a) Attorney General.--The Attorney General shall take the 
necessary steps and institute the necessary legal action to 
effectuate the policies and provisions of this title.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5203.
---------------------------------------------------------------------------
  (b) Relief.--Any district court of the United States for a 
district in which a violation of this title occurs shall have 
authority, upon petition of relief by the Attorney General, to 
grant injunctive and such other equitable relief as it shall 
deem necessary to enforce the provisions of this title.

SEC. 1005. EFFECTIVE DATE.

  (a) Effective Date.--Provisions of this title shall take 
effect 90 days after the date of enactment of this Act.
  (b) Termination.--The provisions of this title shall cease to 
have effect if the President certifies in writing to the 
President pro tempore of the Senate and the Speaker of the 
House that the Palestine Liberation Organization, its agents, 
or constituent groups thereof no longer practice or support 
terrorist actions anywhere in the world.
          * * * * * * *
      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--
---------------------------------------------------------------------------
    \1\ Sec. 803(a)(1) of Public Law 103-359 (108 Stat. 3438) inserted 
subsec. designation (a).
---------------------------------------------------------------------------
          ``(1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for the 
        commission of an act of terrorism against a United 
        States person or United States property; or
          ``(2) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        conspiring or attempting to commit an act of terrorism 
        against a United States person or property; or
          ``(3) leading to the prevention, frustration, or 
        favorable resolution of an act of terrorism against a 
        United States person or property.
    ``(b) \2\ With respect to acts of espionage involving or 
directed at the United States, the Attorney General may reward 
any individual who furnished information--
---------------------------------------------------------------------------
    \2\ Sec. 803(a)(2) of Public Law 103-359 (108 Stat. 3438) added 
subsec. (b).
---------------------------------------------------------------------------
          ``(1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        commission of an act of espionage against the United 
        States;
          ``(2) leading to arrest or conviction, in any 
        country, of any individual or individuals for 
        conspiring or attempting to commit an act of espionage 
        against the United States; or
          ``(3) leading to the prevention or frustration of an 
        act of espionage against the United States.

``Sec. 3072. Determination of entitlement; maximum amount; Presidential 
                    approval; conclusiveness

    ``The Attorney General shall determine whether an 
individual furnishing information described in section 3071 is 
entitled to a reward and the amount to be paid.\3\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

``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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

``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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

``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\
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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;''.
---------------------------------------------------------------------------

    \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''.
---------------------------------------------------------------------------
          ``(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;
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          ``(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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          ``(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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  ``(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\ * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                  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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

         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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\ * * *
---------------------------------------------------------------------------
    \16\ Sec. 303 amended sec. 2 of the State Department Basic 
Authorities Act of 1956.
---------------------------------------------------------------------------

                               danger pay

    Sec. 304. In recognition of the current epidemic of 
worldwide terrorist activity and the courage and sacrifice of 
employees of United States agencies overseas, civilian as well 
as military, it is the sense of Congress that the provisions of 
section 5928 of title 5, United States Code, relating to the 
payment of danger pay allowance, should be more extensively 
utilized at United States missions abroad.
                   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--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5561 note. See also sec. 599C of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 2064), as amended by sec. 302 of 
Public Law 102-138 (105 Stat. 707), and further amended by sec. 5 of 
Public Law 102-499 (106 Stat. 3266), relating to benefits for U.S. 
hostages in Iraq and Kuwait and U.S. hostages captured in Lebanon.
---------------------------------------------------------------------------
          (1) The term ``American hostage'' means any 
        individual who, while--
                  (A) in the civil service or the uniformed 
                services of the United States, or
                  (B) a citizen or resident alien of the United 
                States rendering personal service to the United 
                States abroad similar to the service of a civil 
                officer or employee of the United States (as 
                determined by the Secretary of State),
        is placed in a captive status during the hostage 
        period.
          (2) The term ``hostage period'' means the period 
        beginning on November 4, 1979, and ending on the later 
        of--
                  (A) the date the President specifies, by 
                Executive order, as the date on which all 
                citizens and resident aliens of the United 
                States who were placed in a captive status due 
                to the seizure of the United States Embassy in 
                Iran have been returned to the United States or 
                otherwise accounted for, or
                  (B) January 1, 1983.
          (3) The term ``family member'', when used with 
        respect to any American hostage, means--
                  (A) any dependent (as defined in section 5561 
                of title 5, United States Code) of such 
                hostage; and
                  (B) any member of the hostage's family or 
                household (as determined under regulations 
                which the Secretary of State shall prescribe).
          (4) The term ``captive status'' means a missing 
        status arising because of a hostile action abroad--
                  (A) which is directed against the United 
                States during the hostage period; and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (5) The term ``missing status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code;
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code; and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          (6) The terms ``pay and allowances'', ``employee'', 
        and ``agency'' have the meanings given to such terms in 
        section 5561 of title 5, United States Code, and the 
        terms ``civil service'', ``uniformed services'', and 
        ``armed forces'' have the meanings given to such terms 
        in section 2101 of such title 5.

       pay and allowances may be allotted to special savings fund

    Sec. 102. (a) The Secretary of the Treasury shall establish 
a savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any American hostage 
which are for pay periods during which the American hostage is 
in a captive status and which are not subject to an allotment 
under section 5563 of title 5, United States Code, under 
section 553 of title 37, United States Code, or under any other 
provision of law.
    (b) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with three-month maturities issued during the preceding 
calendar quarter. Such interest shall be compounded quarterly.
    (c) Amounts may be allotted to the savings fund from pay 
and allowances for any pay period ending after November 4, 
1979, and before the establishment of the savings fund. 
Interest on amounts allotted from the pay and allowances for 
any such pay period shall be calculated as if the allotment had 
occurred at the end of the pay period.
    (d) Amounts in the savings fund credited to any American 
hostage shall be considered as pay and allowances for purposes 
of section 5563 of title 5, United States Code (or in the case 
of a member of the uniformed services, for purposes of section 
553 of title 37, United States Code) and shall otherwise be 
subject to withdrawal under procedures which the Secretary of 
the Treasury shall establish.

              medical and health care and related expenses

    Sec. 103. Under regulations prescribed by the President, 
the head of an agency may pay (by advancement or reimbursement) 
any individual who is an American hostage, or any family member 
of such an individual, for medical and health care, and other 
expenses related to such care, to the extent such care--
          (1) is incident to that individual being an American 
        hostage; and
          (2) is not covered by insurance.

                         education and training

    Sec. 104. (a)(1) Under regulations prescribed by the 
President, the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of an American hostage for 
expenses incurred for subsistence, tuition, fees, supplies, 
books, and equipment, and other educational expenses, while 
attending an educational or training institution.
    (2) Except as provided in paragraph (3), payments shall be 
available under this subsection for a spouse or child of an 
individual who is an American hostage for education or training 
which occurs--
          (A) after the nineteenth day after the date the 
        individual is placed in a captive status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the hostage ceases to be in a captive 
                status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
In order to respond to special circumstances, the President may 
specify a date for purposes of cessation of assistance under 
subparagraph (B) which is later than the date which would 
otherwise apply under subparagraph (B).
    (3) In the event an American hostage dies and the death is 
incident to that individual being an American hostage, payments 
shall be available under this subsection for a spouse or child 
of an individual who is an American hostage for education or 
training which occurs after the date of death.
    (4) The preceding provisions of this subsection shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38, United States Code.
    (b)(1) In order to respond to special circumstances, the 
head of an agency may, under regulations prescribed by the 
President, pay (by advancement or reimbursement) an American 
hostage for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    (2) Payments shall be available under this subsection for 
an American hostage for education or training which occurs--
          (A) after the termination of such hostages' captive 
        status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the hostage 
                ceases to be in a captive status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
    (c) Assistance under this section shall be discontinued for 
any individual whose conduct or progress is unsatisfactory 
under standards consistent with those established pursuant to 
section 1724 of title 38, United States Code.
    (d) In no event may assistance be provided under this 
section for any individual for a period in excess of forty-five 
months (or the equivalent thereof in part-time education or 
training).
    (e) Regulations prescribed by the President under this 
section shall provide that the program under this section be 
consistent with the assistance program under chapters 35 and 36 
of title 38, United States Code.

  extension of applicability of certain benefits of the soldiers' and 
                   sailors' civil relief act of 1940

    Sec. 105. (a) Under regulations prescribed by the 
President, an American hostage is entitled to the benefits 
provided by the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 501 et seq.), including the benefits provided 
by section 701 (50 U.S.C. App. 591) but excluding the benefits 
provided by sections 104, 105, 106, 400 through 408, 501 
through 512, and 514 (50 U.S.C. App. 514, 515, 516, 540 through 
548, 561 through 572, and 574).
    (b) In applying such Act for purposes of this section--
          (1) the term ``person in the military service'' is 
        deemed to include any such American hostage;
          (2) the term ``period of military service'' is deemed 
        to include the period during which such American 
        hostage is in a captive status; and
          (3) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed to be references 
        to the Secretary of State.
    (c) The preceding provisions of this section shall not 
apply with respect to any American hostage covered by such 
provisions of the Soldiers' and Sailors' Civil Relief Act of 
1940 by reason of being in the Armed Forces.

                   applicability to colombian hostage

    Sec. 106. Notwithstanding the requirements of section 
101(1), for purposes of this title, Richard Starr of Edmonds, 
Washington, who, as a Peace Corps volunteer, was held captive 
in Colombia and released on or about February 10, 1980, shall 
be held and considered to be an American hostage placed in a 
captive status on November 4, 1979.

                             effective date

    Sec. 107. The preceding provisions of this title shall take 
effect as of November 4, 1979.

                        TITLE II--TAX PROVISIONS

                compensation excluded from gross income

    Sec. 201. For purposes of the Internal Revenue Code of 
1986,\2\ the gross income of an individual who was at any time 
an American hostage does not include compensation from the 
United States received for any month during any part of which 
such individual was--
---------------------------------------------------------------------------
    \2\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
          (1) in captive status, or
          (2) hospitalized as a result of such individual's 
        captive status.

    income taxes of hostage where death results from captive status

    Sec. 202. (a) General Rule.--In the case of an individual 
who was at any time an American hostage and who dies as a 
result of injury or disease or physical or mental disability 
incurred or aggravated while such individual was in captive 
status--
          (1) any tax imposed by subtitle A of the Internal 
        Revenue Code of 1986 \2\ shall not apply with respect 
        to--
                  (A) the taxable year in which falls the date 
                of such individual's death, or
                  (B) any prior taxable year ending on or after 
                the first day such individual was in captive 
                status, and
          (2) any tax imposed under such subtitle A for taxable 
        years preceding those specified in paragraph (1) which 
        is unpaid at the date of such individual's death 
        (including interest, additions to the tax, and 
        additional amounts)--
                  (A) shall not be assessed,
                  (B) if assessed, the assessment shall be 
                abated, and
                  (C) if collected, shall be credited or 
                refunded as an overpayment.
    (b) Death Must Occur Within 2 Years of Cessation of Captive 
Status.--This section shall not apply unless the death of the 
individual occurs within 2 years after such individual ceases 
to be in captive status.

                      spouse may file joint return

    Sec. 203. (a) General Rule.--If an individual is an 
American hostage who is in captive status, such individual's 
spouse may elect to file a joint return under section 6013(a) 
of the Internal Revenue Code of 1986 \2\ for any taxable year--
          (1) which begins on or before the day which is 2 
        years after the date on which the hostage period ends, 
        and
          (2) for which such spouse is otherwise entitled to 
        file such a joint return.
    (b) Certain Rules Made Applicable.--For purposes of 
subsection (a), paragraphs (2) and (4) of section 6013(f) of 
such Code (relating to joint return where individual is in 
missing status) shall apply as if the election described in 
subsection (a) of this section were an election described in 
paragraph (1) of such section 6013(f).

 time for performing certain acts postponed by reason of captive status

    Sec. 204. (a) General Rule.--In the case of any individual 
who was at any time an American hostage, any period during 
which he was in captive status (and any period during which he 
was outside the United States and hospitalized as a result of 
captive status), and the next 180 days thereafter, shall be 
disregarded in determining, under the internal revenue laws, in 
respect of any tax liability (including any interest, penalty, 
additional amount, or addition to the tax) of such individual--
          (1) whether any of the acts specified in paragraph 
        (1) of section 7508(a) of the Internal Revenue Code of 
        1986 \2\ was performed within the time prescribed 
        therefor, and
          (2) the amount of any credit or refund (including 
        interest).
    (b) Application to Spouse.--The provisions of this section 
shall apply to the spouse of any individual entitled to the 
benefits of subsection (a). The preceding sentence shall not 
cause this section to apply to any spouse for any taxable year 
beginning more than 2 years after the date on which the hostage 
period ends.
    (c) Section 7508(d) Made Applicable.--Subsection (d) of 
section 7508 of the Internal Revenue Code of 1986 \2\ shall 
apply to subsection (a) in the same manner as if the benefits 
of subsection (a) were provided by subsection (a) of such 
section 7508.

                     definitions and special rules

    Sec. 205. (a) American Hostage.--For purposes of this 
title, the term ``American hostage'' means any individual who, 
while--
          (1) in the civil service or the uniformed services of 
        the United States, or
          (2) a citizen or resident alien of the United States 
        rendering personal service to the United States abroad 
        similar to the service of a civil officer or employee 
        of the United States (as determined by the Secretary of 
        State),
is placed in a captive status during the hostage period.
    (b) Hostage Period.--For purposes of this title, the term 
``hostage period'' means the period beginning on November 4, 
1979, and ending on whichever of the following dates is the 
earlier:
          (1) the date the President specifies, by Executive 
        order, as the date on which all citizens and resident 
        aliens of the United States who were placed in a 
        captive status due to the seizure of the United States 
        Embassy in Iran have been returned to the United States 
        or otherwise accounted for, or
          (2) December 31, 1981.
    (c) Captive Status.--For purposes of this title--
          (1) In general.--The term ``captive status'' means a 
        missing status arising because of a hostile action 
        abroad--
                  (A) which is directed against the United 
                States during the hostage period, and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (2) Missing status defined.--The term ``missing 
        status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code,
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code, and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          For purposes of the preceding sentence, the term 
        ``employee'' has the meaning given to such term by 
        section 5561(2) of title 5, United States Code.
    (d) Hospitalized as a Result of Captive Status.--
          (1) In general.--For purposes of this title, an 
        individual shall be treated as hospitalized as a result 
        of captive status if such individual is hospitalized as 
        a result of injury or disease or physical or mental 
        disability incurred or aggravated while such individual 
        was in captive status.
          (2) 2-year limit.--Hospitalization shall be taken 
        into account for purposes of paragraph (1) only if it 
        is hospitalization--
                  (A) occurring on or before the day which is 2 
                years after the date on which the individual's 
                captive status ends (or, if earlier, the date 
                on which the hostage period ends), or
                  (B) which is part of a continuous period of 
                hospitalization which began on or before the 
                day determined under subparagraph (A).
    (e) Civil Service; Uniformed Services.--For purposes of 
this section, the terms ``civil service'' and ``uniformed 
services'' have the meanings given to such terms by section 
2101 of title 5, United States Code.
    (f) Application of Title to All Tehran Hostages.--In the 
case of any citizen or resident alien of the United States who 
is determined by the Secretary of State to have been held 
hostage in Tehran at any time during November 1979, for 
purposes of this title--
          (1) such individual shall be treated as an American 
        hostage whether or not such individual meets the 
        requirements of paragraph (1) or (2) of subsection (a), 
        and
          (2) if such individual was not in the civil service 
        or the uniformed services of the United States--
                  (A) section 201 shall be applied by 
                substituting ``earned income (as defined in 
                section 911(b) of the Internal Revenue Code of 
                1986) \2\ attributable to'' for ``compensation 
                from the United States received for'', and
                  (B) the amount excluded from gross income 
                under section 201 for any month shall not 
                exceed the monthly equivalent of the annual 
                rate of basic pay payable for level V of the 
                Executive Schedule.
    (g) Application of Title to Individual Held Captive in 
Colombia.--For purposes of this title, Richard Starr of 
Edmonds, Washington, who, as a Peace Corps volunteer, was held 
captive in Colombia, shall be treated as an American hostage 
who was in captive status beginning on November 4, 1979, and 
ending on February 10, 1980.
    (h) Special Rules.--
          (1) Compensation.--For purposes of this title, the 
        term ``compensation'' shall not include any amount 
        received as an annuity or as retirement pay.
          (2) Wage withholding.--Any amount excluded from gross 
        income under section 201 shall not be treated as wages 
        for purposes of chapter 24 of the Internal Revenue Code 
        of 1986.\2\

                   study of tax treatment of hostages

    Sec. 206. (a) Study.--The Chief of Staff of the Joint 
Committee on Taxation shall study all aspects of the tax 
treatment of citizens and resident aliens of the United States 
who are taken hostage or are otherwise placed in a missing 
status.
    (b) Report.--The Chief of Staff of the Joint Committee on 
Taxation shall, before July 1, 1981, report the results of the 
study made pursuant to subsection (a) to the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate.

              TITLE III--TREATMENT OF THE HOSTAGES IN IRAN

                 visits by the international red cross

    Sec. 301. (a) The Congress finds that--
          (1) the continued illegal and unjustified detention 
        of the American hostages by the Government of Iran has 
        resulted in the deterioration of relations between the 
        United States and Iran; and
          (2) the protracted length and the conditions of their 
        confinement have reportedly endangered the physical and 
        mental well-being of the hostages.
    (b) Therefore, it is the sense of the Congress that the 
President should make a formal request of the International 
Committee of the Red Cross to--
          (1) make regular and periodic visits to the American 
        hostages being held in Iran for the purpose of 
        determining whether the hostages are being treated in a 
        humane and decent manner and whether they are receiving 
        proper medical attention;
          (2) urge other countries to solicit the cooperation 
        of the Government of Iran in the visits to the hostages 
        by the International Committee of the Red Cross; and
          (3) report to the United States its findings after 
        each such visit.
         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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (1) for any alien to depart from or enter or attempt 
        to depart from or enter the United States except under 
        such reasonable rules, regulations, and orders, and 
        subject to such limitations and exceptions as the 
        President may prescribe;
          (2) for any person to transport or attempt to 
        transport from or into the United States another person 
        with knowledge or reasonable cause to believe that the 
        departure or entry of such other person is forbidden by 
        this section;
          (3) for any person knowingly to make any false 
        statement in an application for permission to depart 
        from or enter the United States with intent to induce 
        or secure the granting of such permission either for 
        himself or for another;
          (4) for any person knowingly to furnish or attempt to 
        furnish or assist in furnishing to another a permit or 
        evidence of permission to depart or enter not issued 
        and designed for such other person's use;
          (5) for any person knowingly to use or attempt to use 
        any permit or evidence of permission to depart or enter 
        not issued and designed for his use;
          (6) for any person to forge, counterfeit, mutilate, 
        or alter, or cause or procure to be forged, 
        counterfeited, mutilated, or altered, any permit or 
        evidence of permission to depart from or enter the 
        United States;
          (7) for any person knowingly to use or attempt to use 
        or furnish to another for use any false, forged, 
        counterfeited, mutilated, or altered permit, or 
        evidence of permission, or any permit or evidence of 
        permission which, though originally valid, has become 
        or been made void or invalid.
    (b) \4\ Except as otherwise provided by the President and 
subject to such limitations and exceptions as the President may 
authorize and prescribe, it shall be unlawful for any citizen 
of the United States to depart from or enter, or attempt to 
depart from or enter, the United States unless he bears a valid 
United States \5\ passport.
---------------------------------------------------------------------------
    \4\ 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).
---------------------------------------------------------------------------
    (c) \6\ The term ``United States'' as used in this section 
includes the Canal Zone, and all territory and waters, 
continental or insular, subject to the jurisdiction of the 
United States. The term ``person'' as used in this section 
shall be deemed to mean by individual, partnership, 
association, company, or other incorporated body of 
individuals, or corporation, or body politic.
---------------------------------------------------------------------------
    \6\ Sec. 707(d) of Public Law 95-426 (92 Stat. 993) struck out 
subsec. (c) and redesignated subsecs. (d), (e), (f), and (g) as 
subsecs. (c), (d), (e), and (f), respectively.
---------------------------------------------------------------------------
    (d) \6\ Nothing in this section shall be construed to 
entitle an alien to whom a permit to enter the United States 
has been issued to enter the United States, if upon arrival in 
the United States, he is found to be inadmissible under any of 
the provisions of this Act, or any other law, relating to the 
entry of aliens into the United States.
    (e) \6\ The revocation of any \7\ rule, regulation, or 
order issued in pursuance of this section shall not prevent 
prosecution, for any offense committed, or the imposition of 
any penalties or forfeitures, liability for which was incurred 
under this section prior to the revocation of such \7\ rule, 
regulation, or order.
---------------------------------------------------------------------------
    \7\ Sec. 707(c) of Public Law 95-426 (92 Stat. 993) struck out 
``proclamation,'' before ``rule''.
---------------------------------------------------------------------------
    (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.
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    \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.
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Sec. 1546. Fraud and Misuse of Visas, Permits, and Other Documents.\7\
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    \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.
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    (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
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    \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''.
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    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\
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    \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.
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    \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.
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    \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\
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    \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.
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    \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''.
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    \1\ 22 U.S.C. 6401 note.
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    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                   Page

Sec. 1. Short title; table of contents...........................  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:
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    \2\ 22 U.S.C. 6401.
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          (1) The right to freedom of religion undergirds the 
        very origin and existence of the United States. Many of 
        our Nation's founders fled religious persecution 
        abroad, cherishing in their hearts and minds the ideal 
        of religious freedom. They established in law, as a 
        fundamental right and as a pillar of our Nation, the 
        right to freedom of religion. From its birth to this 
        day, the United States has prized this legacy of 
        religious freedom and honored this heritage by standing 
        for religious freedom and offering refuge to those 
        suffering religious persecution.
          (2) Freedom of religious belief and practice is a 
        universal human right and fundamental freedom 
        articulated in numerous international instruments, 
        including the Universal Declaration of Human Rights, 
        the International Covenant on Civil and Political 
        Rights, the Helsinki Accords, the Declaration on the 
        Elimination of All Forms of Intolerance and 
        Discrimination Based on Religion or Belief, the United 
        Nations Charter, and the European Convention for the 
        Protection of Human Rights and Fundamental Freedoms.
          (3) Article 18 of the Universal Declaration of Human 
        Rights recognizes that ``Everyone has the right to 
        freedom of thought, conscience, and religion. This 
        right includes freedom to change his religion or 
        belief, and freedom, either alone or in community with 
        others and in public or private, to manifest his 
        religion or belief in teaching, practice, worship, and 
        observance.''. Article 18(1) of the International 
        Covenant on Civil and Political Rights recognizes that 
        ``Everyone shall have the right to freedom of thought, 
        conscience, and religion. This right shall include 
        freedom to have or to adopt a religion or belief of his 
        choice, and freedom, either individually or in 
        community with others and in public or private, to 
        manifest his religion or belief in worship, observance, 
        practice, and teaching ''. Governments have the 
        responsibility to protect the fundamental rights of 
        their citizens and to pursue justice for all. Religious 
        freedom is a fundamental right of every individual, 
        regardless of race, sex, country, creed, or 
        nationality, and should never be arbitrarily abridged 
        by any government.
          (4) The right to freedom of religion is under renewed 
        and, in some cases, increasing assault in many 
        countries around the world. More than one-half of the 
        world's population lives under regimes that severely 
        restrict or prohibit the freedom of their citizens to 
        study, believe, observe, and freely practice the 
        religious faith of their choice. Religious believers 
        and communities suffer both government-sponsored and 
        government-tolerated violations of their rights to 
        religious freedom. Among the many forms of such 
        violations are state-sponsored slander campaigns, 
        confiscations of property, surveillance by security 
        police, including by special divisions of ``religious 
        police'', severe prohibitions against construction and 
        repair of places of worship, denial of the right to 
        assemble and relegation of religious communities to 
        illegal status through arbitrary registration laws, 
        prohibitions against the pursuit of education or public 
        office, and prohibitions against publishing, 
        distributing, or possessing religious literature and 
        materials.
          (5) Even more abhorrent, religious believers in many 
        countries face such severe and violent forms of 
        religious persecution as detention, torture, beatings, 
        forced marriage, rape, imprisonment, enslavement, mass 
        resettlement, and death merely for the peaceful belief 
        in, change of or practice of their faith. In many 
        countries, religious believers are forced to meet 
        secretly, and religious leaders are targeted by 
        national security forces and hostile mobs.
          (6) Though not confined to a particular region or 
        regime, religious persecution is often particularly 
        widespread, systematic, and heinous under totalitarian 
        governments and in countries with militant, politicized 
        religious majorities.
          (7) Congress has recognized and denounced acts of 
        religious persecution through the adoption of the 
        following resolutions:
                  (A) House Resolution 515 of the One Hundred 
                Fourth Congress, expressing the sense of the 
                House of Representatives with respect to the 
                persecution of Christians worldwide.
                  (B) Senate Concurrent Resolution 71 of the 
                One Hundred Fourth Congress, expressing the 
                sense of the Senate regarding persecution of 
                Christians worldwide.
                  (C) House Concurrent Resolution 102 of the 
                One Hundred Fourth Congress, expressing the 
                sense of the House of Representatives 
                concerning the emancipation of the Iranian 
                Baha'i community.
    (b) Policy.--It shall be the policy of the United States, 
as follows:
          (1) To condemn violations of religious freedom, and 
        to promote, and to assist other governments in the 
        promotion of, the fundamental right to freedom of 
        religion.
          (2) To seek to channel United States security and 
        development assistance to governments other than those 
        found to be engaged in gross violations of the right to 
        freedom of religion, as set forth in the Foreign 
        Assistance Act of 1961, in the International Financial 
        Institutions Act of 1977, and in other formulations of 
        United States human rights policy.
          (3) To be vigorous and flexible, reflecting both the 
        unwavering commitment of the United States to religious 
        freedom and the desire of the United States for the 
        most effective and principled response, in light of the 
        range of violations of religious freedom by a variety 
        of persecuting regimes, and the status of the relations 
        of the United States with different nations.
          (4) To work with foreign governments that affirm and 
        protect religious freedom, in order to develop 
        multilateral documents and initiatives to combat 
        violations of religious freedom and promote the right 
        to religious freedom abroad.
          (5) Standing for liberty and standing with the 
        persecuted, to use and implement appropriate tools in 
        the United States foreign policy apparatus, including 
        diplomatic, political, commercial, charitable, 
        educational, and cultural channels, to promote respect 
        for religious freedom by all governments and peoples.

SEC. 3.\3\ DEFINITIONS.

    In this Act:
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    \3\ 22 U.S.C. 6402.
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          (1) Ambassador at large.--The term ``Ambassador at 
        Large'' means the Ambassador at Large for International 
        Religious Freedom appointed under section 101(b).
          (2) Annual report.--The term ``Annual Report'' means 
        the Annual Report on International Religious Freedom 
        described in section 102(b).
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Foreign Relations of the 
                Senate and the Committee on International 
                Relations of the House of Representatives; and
                  (B) in the case of any determination made 
                with respect to the taking of President action 
                under paragraphs (9) through (15) of section 
                405(a), the term includes the committees 
                described in subparagraph (A) and, where 
                appropriate, the Committee on Banking and 
                Financial Services of the House of 
                Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
          (4) Commensurate action.--The term ``commensurate 
        action'' means action taken by the President under 
        section 405(b).
          (5) Commission.--The term ``Commission'' means the 
        United States Commission on International Religious 
        Freedom established in section 201(a).
          (6) Country reports on human rights practices.--The 
        term ``Country Reports on Human Rights Practices'' 
        means the annual reports required to be submitted by 
        the Department of State to Congress under sections 
        116(d) and 502B(b) of the Foreign Assistance Act of 
        1961.
          (7) Executive summary.--The term ``Executive 
        Summary'' means the Executive Summary to the Annual 
        Report, as described in section 102(b)(1)(F).
          (8) Government or foreign government.--The term 
        ``government'' or ``foreign government'' includes any 
        agency or instrumentality of the government.
          (9) Human rights reports.--The term ``Human Rights 
        Reports'' means all reports submitted by the Department 
        of State to Congress under sections 116 and 502B of the 
        Foreign Assistance Act of 1961.
          (10) Office.--The term ``Office'' means the Office on 
        International Religious Freedom established in section 
        101(a).
          (11) Particularly severe violations of religious 
        freedom.--The term ``particularly severe violations of 
        religious freedom'' means systematic, ongoing, 
        egregious violations of religious freedom, including 
        violations such as--
                  (A) torture or cruel, inhuman, or degrading 
                treatment or punishment;
                  (B) prolonged detention without charges;
                  (C) causing the disappearance of persons by 
                the 
                abduction or clandestine detention of those 
                persons; or
                  (D) other flagrant denial of the right to 
                life, liberty, or the security of persons.
          (12) Special adviser.--The term ``Special Adviser'' 
        means the Special Adviser to the President on 
        International Religious Freedom described in section 
        101(i) of the National Security Act of 1947, as added 
        by section 301 of this Act.
          (13) Violations of religious freedom.--The term 
        ``violations of religious freedom'' means violations of 
        the internationally recognized right to freedom of 
        religion and religious belief and practice, as set 
        forth in the international instruments referred to in 
        section 2(a)(2) and as described in section 2(a)(3), 
        including violations such as--
                  (A) arbitrary prohibitions on, restrictions 
                of, or punishment for--
                          (i) assembling for peaceful religious 
                        activities such as worship, preaching, 
                        and prayer, including arbitrary 
                        registration requirements;
                          (ii) speaking freely about one's 
                        religious beliefs;
                          (iii) changing one's religious 
                        beliefs and affiliation;
                          (iv) possession and distribution of 
                        religious 
                        literature, including Bibles; or
                          (v) raising one's children in the 
                        religious teachings and practices of 
                        one's choice; or
                  (B) any of the following acts if committed on 
                account of an individual's religious belief or 
                practice: detention, interrogation, imposition 
                of an onerous financial penalty, forced labor, 
                forced mass resettlement, imprisonment, forced 
                religious conversion, beating, torture, 
                mutilation, rape, enslavement, murder, and 
                execution.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101.\4\ OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR AT 
                    LARGE FOR INTERNATIONAL RELIGIOUS FREEDOM.

    (a) Establishment of Office.--There is established within 
the Department of State an Office on International Religious 
Freedom that shall be headed by the Ambassador at Large for 
International Religious Freedom appointed under subsection (b).
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6411.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 6413.
---------------------------------------------------------------------------

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: * * *
---------------------------------------------------------------------------
    \10\ Added sec. 708 to the Foreign Service Act of 1980 (at 22 
U.S.C. 4028).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 6433. Redesignated from sec. 203 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
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    (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.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 6434. Redesignated from sec. 204 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
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    (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.
---------------------------------------------------------------------------

                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\
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    \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.
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 6461.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \53\ 22 U.S.C. 2151n note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \54\ 22 U.S.C. 6471.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \57\ 22 U.S.C. 6473.
---------------------------------------------------------------------------
    (b) Training for Asylum and Immigration Officers.--The 
Attorney General, in consultation with the Secretary of State, 
the Ambassador at Large, and other relevant officials such as 
the Director of the National Foreign Affairs Training Center, 
shall provide training to all officers adjudicating asylum 
cases, and to immigration officers performing duties under 
section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)), on the nature of religious persecution abroad, 
including country-specific conditions, instruction on the 
internationally recognized right to freedom of religion, 
instruction on methods of religious persecution practiced in 
foreign countries, and applicable distinctions within a country 
in the treatment of various religious practices and believers.
    (c) Training for Immigration Judges.--The Executive Office 
of Immigration Review of the Department of Justice shall 
incorporate into its initial and ongoing training of 
immigration judges training on the extent and nature of 
religious persecution internationally, including country-
specific conditions, and including use of the Annual Report. 
Such training shall include governmental and nongovernmental 
methods of persecution employed, and differences in the 
treatment of religious groups by such persecuting entities.

SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE 
                    ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF 
                    RELIGIOUS FREEDOM.

    (a) Ineligibility for Visas or Admission.--Section 
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following new 
subparagraph: * * *
    (b) \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.
---------------------------------------------------------------------------
    \58\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 6474.
---------------------------------------------------------------------------
          (2) Duties of comptroller general.--The Comptroller 
        General of the United States shall conduct a study 
        alone or, upon request by the Commission, in 
        cooperation with experts designated by the Commission, 
        to determine whether immigration officers performing 
        duties under section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)) with respect to 
        aliens who may be eligible to be granted asylum are 
        engaging in any of the following conduct:
                  (A) Improperly encouraging such aliens to 
                withdraw their applications for admission.
                  (B) Incorrectly failing to refer such aliens 
                for an interview by an asylum officer for a 
                determination of whether they have a credible 
                fear of persecution (within the meaning of 
                section 235(b)(1)(B)(v) of such Act).
                  (C) Incorrectly removing such aliens to a 
                country where they may be persecuted.
                  (D) Detaining such aliens improperly or in 
                inappropriate conditions.
    (b) Reports.--
          (1) Participation by experts.--In the case of a 
        Commission request under subsection (a), the experts 
        designated by the Commission under that subsection may 
        submit a report to the committees described in 
        paragraph (2). Such report may be submitted with the 
        Comptroller General's report under subsection (a)(2) or 
        independently.
          (2) Duties of comptroller general.--Not later than 
        September 1, 2000, the Comptroller General of the 
        United States shall submit to the Committees on the 
        Judiciary of the House of Representatives and the 
        Senate, the Committee on International Relations of the 
        House of Representatives, and the Committee on Foreign 
        Relations of the Senate a report containing the results 
        of the study conducted under subsection (a)(2). If the 
        Commission requests designated experts to participate 
        with the Comptroller General in the preparation and 
        submission of the report, the Comptroller General shall 
        grant the request.
    (c) Access to Proceedings.--
          (1) In general.--Except as provided in paragraph (2), 
        to facilitate the studies and reports, the Attorney 
        General shall permit the Comptroller General of the 
        United States and, in the case of a Commission request 
        under subsection (a), the experts designated under 
        subsection (a) to have unrestricted access to all 
        stages of all proceedings conducted under section 
        235(b) of the Immigration and Nationality Act.
          (2) Exceptions.--Paragraph (1) shall not apply in 
        cases in which the alien objects to such access, or the 
        Attorney General determines that the security of a 
        particular proceeding would be threatened by such 
        access, so long as any restrictions on the access of 
        experts designated by the Commission under subsection 
        (a) do not contravene international law.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701.\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.
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 6481.
---------------------------------------------------------------------------
    (b) Sense of the Congress.--It is the sense of the Congress 
that transnational corporations operating overseas, 
particularly those corporations operating in countries the 
governments of which have engaged in or tolerated violations of 
religious freedom, as identified in the Annual Report, should 
adopt codes of conduct--
          (1) upholding the right to freedom of religion of 
        their employees; and
          (2) ensuring that a worker's religious views and 
        peaceful practices of belief in no way affect, or be 
        allowed to affect, the status or terms of his or her 
        employment.
                      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--
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    \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;
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    \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;
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    \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;
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    \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--
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    \29\ Sec. 171(b) of Public Law 94-141 redesignated subsec. (h) as 
subsec. (i) and inserted this new subsec. (h).
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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) \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).
---------------------------------------------------------------------------
                  (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''.
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    \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.
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          (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.
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    \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.
---------------------------------------------------------------------------
    (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''.
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    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2621.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    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:
---------------------------------------------------------------------------

``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--
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    \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.
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    \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.
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          (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
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    \19\ 22 U.S.C. 2662 et seq.
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          (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.
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          (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--
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    \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).
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    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.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1104. Section heading formerly also referred to 
``bureau of security and consular affairs''. Sec. 9(d) of Public Law 
100-525 (102 Stat. 2620) struck out ``security and''; sec. 162(h)(2)(A) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 407), struck out ``bureau of consular 
affairs''.
    \2\ Formerly read ``Bureau of Security and Consular Affairs''. Sec. 
109(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 
(91 Stat. 847) struck out ``Security and''; sec. 162(h)(2)(B) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 407), struck out ``Bureau of Consular Affairs''.
---------------------------------------------------------------------------
    (b) \3\ The Secretary of State shall designate an 
Administrator who shall be a citizen of the United States, 
qualified by experience. The Administrator shall maintain close 
liaison with the appropriate committees of Congress in order 
that they may be advised regarding the administration of this 
Act by consular officers. The Administrator shall be charged 
with any and all responsibility and authority in the 
administration of this Act which are conferred on the Secretary 
of State as may be delegated to the Administrator by the 
Secretary of State or which may be prescribed by the Secretary 
of State, and shall perform such other duties as the Secretary 
of State may prescribe.
---------------------------------------------------------------------------
    \3\ Sec. 162(h)(2)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), amended 
and 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.
---------------------------------------------------------------------------
    \4\ Sec. 162(h)(2)(D) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``Bureau'' and inserted in lieu thereof ``Department of State''.
---------------------------------------------------------------------------
    (d) The functions heretofore performed by the Passport 
Division and the Visa Division of the Department of State shall 
hereafter be performed by the Passport Office and the Visa 
Office, respectively.\5\
---------------------------------------------------------------------------
    \5\ Sec. 162(h)(2)(E) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``, of the Bureau of Consular Affairs'' after ``respectively''.
---------------------------------------------------------------------------
    (e) There shall be a General Counsel of the Visa Office, 
who shall be appointed by the Secretary of State and who shall 
serve under the general direction of the Legal Adviser of the 
Department of State. The General Counsel shall have authority 
to maintain liaison with the appropriate officers of the 
Service with a view to securing uniform interpretations of the 
provisions of this Act.
    (f) \6\ * * * [Repealed--1977]
---------------------------------------------------------------------------
    \6\ 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).
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
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    \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.
---------------------------------------------------------------------------
    (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\

      
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *
                 (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
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    \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''.
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                  (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)).
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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''.
---------------------------------------------------------------------------
          * * * * * * *
               (2) Chinese Student Protection Act of 1992

 Public Law 102-404 [S. 1216], 106 Stat. 1969, approved October 9, 1992

 AN ACT To provide for the adjustment of status under the Immigration 
 and Nationality Act of certain nationals of the People's Republic of 
 China unless conditions permit their return in safety to that foreign 
                                 state.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Chinese Student Protection 
Act of 1992''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------

SEC. 2.\1\ ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Subject to subsection (c)(1), whenever an 
alien described in subsection (b) applies for adjustment of 
status under section 245 of the Immigration and Nationality Act 
during the application period (as defined in subsection (e)) 
the following rules shall apply with respect to such 
adjustment:
          (1) The alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act for 
        classification under section 203(b)(3)(A)(i) of such 
        Act.
          (2) The application shall be considered without 
        regard to whether an immigrant visa number is 
        immediately available at the time the application is 
        filed.
          (3) In determining the alien's admissibility as an 
        immigrant, and the alien's eligibility for an immigrant 
        visa--
                  (A) paragraphs (5) and (7)(A) of section 
                212(a) and section 212(e) of such Act shall not 
                apply; and
                  (B) the Attorney General may waive any other 
                provision of section 212(a) (other than 
                paragraph (2)(C) and subparagraph (A), (B), 
                (C), or (E) of paragraph (3)) of such Act with 
                respect to such adjustment for humanitarian 
                purposes, for purposes of assuring family 
                unity, or if otherwise in the public interest.
          (4) The numerical level of section 202(a)(2) of such 
        Act shall not apply.
          (5) Section 245(c) of such Act shall not apply.
    (b) Aliens Covered.--For purposes of this section, an alien 
described in this subsection is an alien who--
          (1) is a national of the People's Republic of China 
        described in section 1 of Executive Order No. 12711 as 
        in effect on April 11, 1990;
          (2) has resided continuously in the United States 
        since April 11, 1990 (other than brief, casual, and 
        innocent absences); and
          (3) was not physically present in the People's 
        Republic of China for longer than 90 days after such 
        date and before the date of the enactment of this Act.
    (c) Condition; Dissemination of Information.--
          (1) Not applicable if safe return permitted.--
        Subsection (a) shall not apply to any alien if the 
        President has determined and certified to Congress, 
        before the first day of the application period, that 
        conditions in the People's Republic of China permit 
        aliens described in subsection (b)(1) to return to that 
        foreign state in safety.
          (2) Dissemination of information.--If the President 
        has not made the certification described in paragraph 
        (1) by the first day of the application period, the 
        Attorney General shall, subject to the availability of 
        appropriations, immediately broadly disseminate to 
        aliens described in subsection (b)(1) information 
        respecting the benefits available under this section. 
        To the extent practicable, the Attorney General shall 
        provide notice of these benefits to the last known 
        mailing address of each such alien.
    (d) Offset in Per Country Numerical Level.--
          (1) In general.--The numerical level under section 
        202(a)(2) of the Immigration and Nationality Act 
        applicable to natives of the People's Republic of China 
        in each applicable fiscal year (as defined in paragraph 
        (3)) shall be reduced by 1,000.
          (2) Allotment if section 202(e) applies.--If section 
        202(e) of the Immigration and Nationality Act is 
        applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                  (A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(3)(A)(i) of such Act in that year, and
                  (B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
          (3) Applicable fiscal year.--
                  (A) In general.--In this subsection, the term 
                ``applicable fiscal year'' means each fiscal 
                year during the period--
                          (i) beginning with the fiscal year in 
                        which the application period begins; 
                        and
                          (ii) ending with the first fiscal 
                        year by the end of which the cumulative 
                        number of aliens counted for all fiscal 
                        years under subparagraph (B) equals or 
                        exceeds the total number of aliens 
                        whose status has been adjusted under 
                        section 245 of the Immigration and 
                        Nationality Act pursuant to subsection 
                        (a).
                  (B) Number counted each year.--The number 
                counted under this subparagraph for a fiscal 
                year (beginning during or after the application 
                period) is 1,000, plus the number (if any) by 
                which (i) the immigration level under section 
                202(a)(2) of the Immigration and Nationality 
                Act for the People's Republic of China in the 
                fiscal year (as reduced under this subsection), 
                exceeds (ii) the number of aliens who were 
                chargeable to such level in the year.
    (e) Application Period Defined.--In this section, the term 
``application period'' means the 12-month period beginning July 
1, 1993.
    (3) Indochinese Refugee Resettlement and Protection Act of 1987

   Partial text of Public Law 100-202 [Sec. 101(a) of the Continuing 
 Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-40, approved 
                           December 22, 1987

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
          * * * * * * *
    The following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1988, and for other purposes, namely:
          * * * * * * *
    Sec. 101. (a) Such amounts as may be necessary for 
programs, projects or activities provided for in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1988 at a rate of 
operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been 
enacted into law as the regular appropriations Act, as follows:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1988, and for other purposes.

          * * * * * * *

TITLE VIII--INDOCHINESE REFUGEE RESETTLEMENT AND PROTECTION ACT OF 1987 
                                  \1\

  Sec. 801. This title may be cited as the ``Indochinese 
Refugee Resettlement and Protection Act of 1987''.
---------------------------------------------------------------------------
    \1\ Legislation nearly identical to secs. 801 through 803 of this 
Act was enacted as sec. 904 of the Foreign Relations Authorization Act, 
1988 and 1989 (Public Law 100-204; 101 Stat. 1402).
---------------------------------------------------------------------------
  Sec. 802. (a) Findings.--It is the sense of the Congress 
that--
          (1) the continued occupation of Cambodia by Vietnam 
        and the oppressive conditions within Vietnam, Cambodia, 
        and Laos have led to a steady flight of persons from 
        those countries, and the likelihood for the safe 
        repatriation of the hundreds of thousands of refugees 
        in the region's camps is negligible for the foreseeable 
        future;
          (2) the United States has already played a major role 
        in responding to the Indochinese refugee problem by 
        accepting approximately 850,000 Indochinese refugees 
        into the United States since 1975 and has a continued 
        interest in persons who have fled and continue to flee 
        the countries of Cambodia, Laos, and Vietnam;
          (3) Hong Kong, Indonesia, Malaysia, Singapore, the 
        Philippines, and Thailand have been the front line 
        countries bearing tremendous burdens caused by the 
        flight of these persons;
          (4) all members of the international community bear a 
        share of the responsibility for the deterioration in 
        the refugee first asylum situation in Southeast Asia 
        because of slow and limited procedures, failure to 
        implement effective policies for the region's ``long-
        stayer'' populations, failure to monitor adequately 
        refugee protection and screening programs, particularly 
        along the Thai-Cambodian and Thai-Laotian borders, and 
        the instability of the Orderly Departure Program (ODP) 
        from Vietnam which has served as the only safe, legal 
        means of departure from Vietnam for refugees, including 
        Amerasians and long-held ``reeducation camp'' 
        prisoners;
          (5) the Government of Thailand should be complimented 
        for allowing the United States to process ration card 
        holders in Khao I Dang and potentially qualified 
        immigrants in Site 2 and in Khao I Dang;
          (6) given the serious protection problem in Southeast 
        Asian first asylum countries and the need to preserve 
        first asylum in the region, the United States should 
        continue its commitment to an ongoing, generous 
        admission and protection program for Indochinese 
        refugees, including urgently needed educational 
        programs for refugees along the Thai-Cambodian and 
        Thai-Laotian borders, until the underlying causes of 
        refugee flight are addressed and resolved;
          (7) the executive branch should seek adequate funding 
        levels to meet United States policy objectives to 
        ensure the well-being of Indochinese refugees in first 
        asylum, and to process 29,500 Indochinese refugees 
        within the overall refugee admissions level of 68,000 
        as determined by the President; and
          (8) the Government of Thailand should be complimented 
        for the progress that has been made in implementing an 
        effective antipiracy program.
  (b) Recommendations.--The Congress finds and recommends the 
following with respect to Indochinese refugees:
          (1) The Secretary of State should urge the Government 
        of Thailand to allow full access by highland refugees 
        to the Lao Screening Program, regardless of the method 
        of their arrival or the circumstances of their 
        apprehension, and should intensify its efforts to 
        persuade the Government of Laos to accept the safe 
        return of persons rejected under the Lao Screening 
        Program.
          (2) Refugee protection and monitoring activities 
        should be expanded along the Thai-Laotian border in an 
        effort to identify and report on incidents of refugees 
        forcibly repatriated into Laos.
          (3) The Secretary of State should urge the Government 
        of Thailand to address immediately the problems of 
        protection associated with the Khmer along the Thai-
        Cambodian border. The Government of Thailand, along 
        with appropriate international relief agencies, should 
        develop and implement a plan to provide for greater 
        security and protection for the Khmer at the Thai 
        border.
          (4) The international community should increase its 
        efforts to assure that Indochinese refugee camps are 
        protected, that refugees have access to a free market 
        at Site 2, and that international observers and relief 
        personnel are present on a 24-hour-a-day basis at Site 
        2 and any other camp where it is deemed necessary.
          (5) The Secretary of State should make every effort 
        to identify each person at Site 2 who may qualify for 
        admission to the United States as an immigrant and for 
        humanitarian parole.
          (6) The United Nations High Commissioner for Refugees 
        should be pressed to upgrade staff presence and the 
        level of advocacy to revive the international 
        commitment with regard to the problems facing 
        Indochinese refugees in the region, and to pursue 
        voluntary repatriation possibilities in cases where 
        monitoring is available and the safety of the refugees 
        is assured.
  (c) Allocations of Refugee Admissions.--Given the existing 
connection between ongoing resettlement and the preservation of 
first asylum, the United States and the United Nations High 
Commissioner for Refugees should redouble efforts to assure a 
stable and secure environment for refugees while dialog is 
pursued on other long-range solutions, it is the sense of the 
Senate that--
          (1) within the worldwide refugee admissions ceiling 
        determined by the President, the President should 
        allocate--
                  (A) at least 28,000 admissions from East 
                Asia, first-asylum camps,
                  (B) at least 8,500 admissions for the Orderly 
                Departure Program, for each of the fiscal years 
                1988, 1989, and 1990; and
          (2) within the allocation made by the President for 
        the Orderly Departure Program from Vietnam pursuant to 
        paragraph (1)(B), admissions allocated in a fiscal year 
        under priorities II and III of the program (as defined 
        in the Department of State Bureau for Refugee Programs 
        worldwide processing priorities) and the number of 
        admissions allocated for Amerasians and their immediate 
        family members under priority I, should be generous.
  (d) International Solutions to Refugee Problems.--It is the 
sense of the Congress that--
          (1) renewed international efforts must be taken to 
        address the problem of Indochinese refugees who have 
        lived in camps for 3 years or longer; and
          (2) the Secretary of State should urge the United 
        Nations High Commissioner for Refugees to organize 
        immediately an international conference to address the 
        problems of Indochinese refugees.
  Sec. 803. Reporting Requirement.--The President shall submit 
a report to Congress within 180 days after the date of the 
enactment of this Act on the respective roles of the 
Immigration and Naturalization Service and the Department of 
State in the refugee program with recommendations for improving 
the effectiveness and efficiency of the program.
  Sec. 804.\2\ Findings and Declarations.--The Congress makes 
the following findings and declarations:
---------------------------------------------------------------------------
    \2\ Sec. 804 was also enacted as sec. 905(a), 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.
---------------------------------------------------------------------------
          * * * * * * *
               (5) Indochina Refugees--Status Adjustment

Partial text of Public Law 95-145 [H.R. 7769], 91 Stat. 1223, approved 
October 28, 1977; amended by Public Law 96-212 [Refugee Act of 1980, S. 
               643], 94 Stat 102, approved March 17, 1980

AN ACT To authorize the creation of a record of admission for permanent 
   residence in the cases of certain refugees form Vietnam, Laos, or 
 Cambodia, and to amend the Indochina Migration and Refugee Assistance 
Act of 1975 to extend the period during which refugee assistance may be 
                   provided, and for other purposes.

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

        TITLE I--ADJUSTMENT OF STATUS OF INDOCHINA REFUGEES \1\

    Sec. 101. That (a) the status of any alien described in 
subsection (b) of this section may be adjusted by the Attorney 
General, in his discretion and under such regulations as he may 
prescribe, to that of an alien lawfully admitted for permanent 
residence if--
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) the alien makes an application for such 
        adjustment within six years after the date of enactment 
        of this title;
          (2) the alien is otherwise eligible to receive an 
        immigrant visa and is otherwise admissible to the 
        United States for permanent residence, except for the 
        grounds for exclusion specified in paragraph (14), 
        (15), (20), (21), (25), and (32) of section 212(a) of 
        the Immigration and Nationality Act; and
          (3) the alien has been physically present in the 
        United States for at least one year.\2\
---------------------------------------------------------------------------
    \2\ Sec. 203(i) of the Refugee Act of 1980 (Public Law 96-212; 94 
Stat. 108) struck out ``two years'' and inserted in lieu thereof ``one 
year''.
---------------------------------------------------------------------------
    (b) The benefits provided by subsection (a) shall apply to 
any alien who is a native or citizen of Vietnam, Laos, or 
Cambodia and who--
          (1) was paroled into the United States as a refugee 
        from those countries under section 212(d)(5) of the 
        Immigration and Nationality Act subsequent to March 31, 
        1975, but prior to January 1, 1979; or
          (2) was inspected and admitted or paroled into the 
        United States on or before March 31, 1975, and was 
        physically present in the United States on March 31, 
        1975.
    Sec. 102. Upon approval of an application for adjustment of 
status under section 101 of this title, the Attorney General 
shall establish a record of the alien's admission for permanent 
residence as of March 31, 1975, or the date of the alien's 
arrival in the United States, whichever date is later.
    Sec. 103. Any alien determined to be eligible for lawful 
admission for permanent residence under this title who acquired 
that status under the provisions of the Immigration and 
Nationality Act prior to the date of enactment of this title 
may, upon application, have his admission for permanent 
residence recorded as of March 31, 1975, or the date of his 
arrival in the United States, whichever date is later.
    Sec. 104. When an alien has been granted the status of 
having been lawfully admitted to the United States for 
permanent residence pursuant to this title, his spouse and 
children, regardless of nationality, may also be granted such 
status by the Attorney General, in his discretion and under 
such regulations he may prescribe, if they meet the 
requirements specified in section 101(a) of this title. Upon 
approval of the application, the Attorney General shall create 
a record of the alien's admission for permanent residence as of 
the date of the record of admission of the alien through whom 
such spouse and children derive benefits under this section.
    Sec. 105. Any alien who ordered, assisted, or otherwise 
participated in the persecution of any person because of race, 
religion, or political opinion shall be ineligible for 
permanent residence under any provision of this title.
    Sec. 106. When an alien is granted the status of having 
been lawfully admitted for permanent residence pursuant to the 
provisions of this title the Secretary of State shall not be 
required to reduce the number of visas authorized to be issued 
under the Immigration and Nationality Act, and the Attorney 
General shall not be required to charge the alien any fee.
    Sec. 107. Except as otherwise specifically provided in this 
title, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
title. Nothing contained in this title shall be held to repeal, 
amend, alter, modify, effect, or restrict the powers, duties, 
functions, or authority of the Attorney General in the 
administration and enforcement of the Immigration and 
Nationality Act or any other law relating to immigration, 
nationality, and naturalization. The fact that an alien may be 
eligible to be granted the status of having been lawfully 
admitted for permanent residence under this title shall not 
preclude him from seeking such status under any other provision 
of law for which he may be eligible.
          * * * * * * *
  (6) Policy Implementation With Respect to Nationals of the People's 
                           Republic of China

  Executive Order 12711, April 11, 1990, 55 F.R. 13897, 8 U.S.C. 1101 
                                  note

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, the 
Attorney General and the Secretary of State are hereby ordered 
to exercise their authority, including that under the 
Immigration and Nationality Act (8 U.S.C. 1101-1557), as 
follows:
    Section 1. The Attorney General is directed to take any 
steps necessary to defer until January 1, 1994, the enforced 
departure of all nationals of the People's Republic of China 
(PRC) and their dependents who were in the United States on or 
after June 5, 1989, up to and including the date of this order 
(hereinafter ``such PRC nationals'').
    Sec. 2. The Secretary of State and the Attorney General are 
directed to take all steps necessary with respect to such PRC 
nationals (a) to waive through January 1, 1994, the requirement 
of a valid passport and (b) to process and provide necessary 
documents, both within the United States and at U.S. consulates 
overseas, to facilitate travel across the borders of other 
nations and reentry into the United States in the same status 
such PRC nationals had upon departure.
    Sec. 3. The Secretary of State and the Attorney General are 
directed to provide the following protections:
    (a) irrevocable waiver of the 2-year home country residence 
requirement that may be exercised until January 1, 1994, for 
such PRC nationals;
    (b) maintenance of lawful status for purposes of adjustment 
of status or change of nonimmigrant status for such PRC 
nationals who were in lawful status at any time on or after 
June 5, 1989, up to and including the date of this order;
    (c) authorization for employment of such PRC nationals 
through January 1, 1994; and
    (d) notice of expiration of nonimmigrant status (if 
applicable) rather than the institution of deportation 
proceedings, and explanation of options available for such PRC 
nationals eligible for deferral of enforced departure whose 
nonimmigrant status has expired.
    Sec. 4. The Secretary of State and the Attorney General are 
directed to provide for enhanced consideration under the 
immigration laws for individuals from any country who express a 
fear of persecution upon return to their country related to 
that country's policy of forced abortion or coerced 
sterilization, as implemented by the Attorney General's 
regulation effective January 29, 1990.
    Sec. 5. The Attorney General is directed to ensure that the 
Immigration and Naturalization Service finalizes and makes 
public its position on the issue of training for individuals in 
F-1 visa status and on the issue of reinstatement into lawful 
nonimmigrant status of such PRC nationals who have withdrawn 
their applications for asylum.
    Sec. 6. The Departments of Justice and State are directed 
to consider other steps to assist such PRC nationals in their 
efforts to utilize the protections that I have extended 
pursuant to this order.
    Sec. 7. This order shall be effective immediately.
                         d. Former Soviet Union

             (1) Soviet Scientists Immigration Act of 1992

  Public Law 102-509 [S. 2201], 106 Stat. 3316, approved October 24, 
1992; 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)).
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \2\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck 
out ``of the Soviet Union,'' and inserted in lieu thereof ``of an 
independent state of the former Soviet Union, Estonia, Latvia, 
Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
---------------------------------------------------------------------------
          (2) was inspected and granted parole into the United 
        States during the period beginning on August 15, 1988, 
        and ending on September 30, 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.
---------------------------------------------------------------------------
    (c) Waiver of Certain Grounds for Inadmissibility.--The 
provisions of paragraphs (4), (5), and (7)(A) \4\ of section 
212(a) of the Immigration and Nationality Act shall not apply 
to adjustment of status under this section and the Attorney 
General may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph \5\ (A), (B), (C), or (E) 
of paragraph (3)) \6\ with respect to such an adjustment for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.
---------------------------------------------------------------------------
    \4\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck 
out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), 
and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
    \5\ Sec. 219(bb) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out 
``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
    \6\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck 
out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof 
``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
---------------------------------------------------------------------------
    (d) Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Attorney General 
shall create a record of the alien's admission as a lawful 
permanent resident as of the date of the alien's inspection and 
parole described in subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent residence under this section, the Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under the Immigration and Nationality 
Act.
      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.
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                              institutions

    Sec. 203.\9\, \10\ The Secretary \8\ is 
authorized to provide for assistance to schools, libraries, and 
community centers abroad, founded or sponsored by citizens of 
the United States, and serving as demonstration centers for 
methods and practices employed in the United States. In 
assisting any such schools, however, the Secretary \8\ shall 
exercise no control over their educational policies and shall 
in no case furnish assistance of any character which is not in 
keeping with the free democratic principles and the established 
foreign policy of the United States.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                  TITLE III--ASSIGNMENT OF SPECIALISTS

                         persons to be assigned

    Sec. 301.\11\ The Director of the United States Information 
Agency \12\ is authorized, when the government of another 
country is desirous of obtaining the services of a person 
having special scientific or other technical or professional 
qualifications, from time to time to assign or authorize the 
assignment for service, to or in cooperation with such 
government, any person \13\ in the employ or service of the 
Government of the United States who has such qualifications, 
with the approval of the Government agency in which such person 
is employed or serving. No person shall be assigned for service 
to or in cooperation with the government of any country unless 
(1) the Director \12\ finds that such assignment is necessary 
in the national interest of the United States, or (2) such 
government agrees to reimburse the United States in an amount 
equal to the compensation, travel expenses, and allowances 
payable to such person during the period of such assignment in 
accordance with the provisions of section 302, or (3) such 
government shall have made an advance of funds, property, or 
services as provided in section 902. Nothing in this Act, 
however, shall authorize the assignment of such personnel for 
service relating to the organization, training, operation, 
development, or combat equipment of the armed forces of a 
foreign government.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 1451.
    \12\ The reference to the Director of the United States Information 
Agency was inserted in lieu of a reference to the Secretary of State by 
sec. 304(a)(2) of Public Law 97-241 (96 Stat. 292). Previously, 
Reorganization Plan No. 2 of 1977, which established the International 
Communication Agency, stated that all functions vested in the Secretary 
of State by this Act were transferred to the Director of the 
International Communication Agency.
    Pursuant to the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681-761), as 
amended, secs. 1 through 6 of the Reorganization Plan No. 2 are 
repealed, and sec. 8 of the Plan is repealed effective September 30, 
2001.
    \13\ 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

             acceptance of office under another government

    Sec. 303.\18\ Any person in the employ or service of the 
Government of the United States,\15\ while assigned for service 
to or in cooperation with another government under authority of 
this Act may, at the discretion of his Government agency, with 
the concurrence of the Director of the United States 
Information Agency,\12\ and without additional compensation 
therefor, accept an office under the government to which he is 
assigned, if the acceptance of such an office in the opinion of 
such agency is necessary to permit the effective performance of 
duties for which he is assigned, including the making or 
approving on behalf of such foreign government the disbursement 
of funds provided by such government or of receiving from such 
foreign government funds for deposit and disbursement on behalf 
of such government, in carrying out programs undertaken 
pursuant to this Act: Provided, however, That such acceptance 
of office shall in no case involve the taking of an oath of 
allegiance to another government.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1453.
---------------------------------------------------------------------------

             TITLE IV--PARTICIPATION BY GOVERNMENT AGENCIES

                           general authority

    Sec. 401.\19\ The Secretary \20\ is authorized, in carrying 
on any activity under the authority of this Act, to utilize, 
with the approval of the President, the services, facilities, 
and personnel of the other Government agencies. Whenever the 
Secretary \20\ shall use the services, facilities, or personnel 
of any Government agency for activities under authority of this 
Act, the Secretary \20\ shall pay for such performance out of 
funds available to the Secretary \20\ under this Act, either in 
advance, by reimbursement, or direct transfer. The Secretary 
\20\ shall include in each report submitted to the Congress 
under section 1008 a statement of the services, facilities, and 
personnel of other Government agencies utilized in carrying on 
activities under the authority of this Act, showing the names 
and salaries of the personnel utilized, or performing services 
utilized, during the period covered by such report, and the 
amounts paid to such other agencies under this section as 
payment for such performance.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 1456.
    \20\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
---------------------------------------------------------------------------

                      technical and other services

    Sec. 402.\21\ A Government agency, at the request of the 
Secretary,\20\ may perform such technical or other services as 
such agency may be competent to render for the government of 
another country desirous of obtaining such services, upon terms 
and conditions which are satisfactory to the Secretary \20\ and 
to the head of the Government agency, when it is determined by 
the Secretary \20\ that such services will contribute to the 
purposes of this Act. However, nothing in this Act shall 
authorize the performance of services relating to the 
organization, training, operation, development, or combat 
equipment of the armed forces of a foreign government.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1457.
---------------------------------------------------------------------------

                       policy governing services

    Sec. 403.\22\ In authorizing the performance of technical 
and other services under this title, it is the sense of the 
Congress (1) that the Secretary \20\ shall encourage through 
any appropriate Government agency the performance of such 
services to foreign governments by qualified private American 
individuals and agencies, and shall not enter into the 
performance of such services to any foreign government where 
such services may be performed adequately by qualified private 
American individuals and agencies and such qualified 
individuals and agencies are available for the performance of 
such services; (2) that if such services are rendered by a 
Government agency, they shall demonstrate the technical 
accomplishments of the United States, such services being of an 
advisory, investigative, or instructional nature, or a 
demonstration of a technical process; (3) that such services 
shall not include the construction of public works or the 
supervision of the construction of public works, and that, 
under authority of this Act, a Government agency shall render 
engineering services related to public works only when the 
Secretary \20\ shall determine that the national interest 
demands the rendering of such services by a Government agency, 
but this policy shall not be interpreted to preclude the 
assignment of individual specialists as advisers to other 
governments as provided under title III of this Act, together 
with such incidental assistance as may be necessary for the 
accomplishment of their individual assignments.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 1458.
---------------------------------------------------------------------------

   TITLE V--DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD

                         general authorization

    Sec. 501.\23\ (a) \24\ The Secretary \20\ is authorized, 
when he finds it appropriate, to provide for the preparation, 
and dissemination abroad, of information about the United 
States, its people, and its policies, through press, 
publications, radio, motion pictures, and other information 
media, and through information centers and instructors abroad. 
Subject to subsection (b), any \24\ such information (other 
than ``Problems of Communism'' and the ``English Teaching 
Forum'' \25\ which may be sold by the Government Printing 
Office) shall not be disseminated within the United States, its 
territories, or possessions, but, on request, shall be 
available in the English language at the Department of 
State,\20\ at all reasonable times following its release as 
information abroad, for examination only by representatives of 
United States press associations, newspapers, magazines, radio 
systems, and stations, and by research students and scholars, 
and, on request, shall be made available for examination only 
to Members of Congress.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 1461.
    \24\ Popularly referred to as the Zorinsky amendment. Sec. 202 of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(Public Law 101-246; 104 Stat. 49), added designation ``(a)''; struck 
out ``Any'' at the beginning of the second sentence, and inserted in 
lieu thereof ``Subject to subsection (b), 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:
---------------------------------------------------------------------------

``sec. 1333. application of certain laws.
---------------------------------------------------------------------------

    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
---------------------------------------------------------------------------
    (b)(1) \24\ The Director of the United States Information 
Agency shall make available to the Archivist of the United 
States, for domestic distribution, motion pictures, films, 
videotapes, and other material prepared for dissemination 
abroad 12 years after the initial dissemination of the material 
abroad or, in the case of such material not disseminated 
abroad, 12 years after the preparation of the material.
    (2) The Director of the United States Information Agency 
shall be reimbursed for any attendant expenses. Any 
reimbursement to the Director pursuant to this subsection shall 
be credited to the applicable appropriation of the United 
States Information Agency.
    (3) The Archivist shall be the official custodian of the 
material and shall issue necessary regulations to ensure that 
persons seeking its release in the United States have secured 
and paid for necessary United States rights and licenses and 
that all costs associated with the provision of the material by 
the Archivist shall be paid by the persons seeking its release. 
The Archivist may charge fees to recover such costs, in 
accordance with section 2116(c) of title 44, United States 
Code. Such fees shall be paid into, administered, and expended 
as part of the National Archives Trust Fund.


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Notwithstanding the second sentence of section 501 [and after 1985, also notwithstanding sec.
 
                           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.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


               policies governing information activities

    Sec. 502.\27\ In authorizing international information 
activities under this Act, it is the sense of the Congress (1) 
that the Secretary \20\ shall reduce such Government 
information activities whenever corresponding private 
information dissemination is found to be adequate; (2) that 
nothing in this Act shall be construed to give the Department 
\20\ a monopoly in the production or sponsorship on the air of 
short-wave broadcasting programs, or a monopoly in any other 
medium of information.
---------------------------------------------------------------------------
    \26\ The language of Public Law 100-167 was repeated as sec. 214 of 
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
(Public Law 100-204; 101 Stat. 1376).
    \27\ 22 U.S.C. 1462.
---------------------------------------------------------------------------
    Sec. 503.\28\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \28\ Formerly at 22 U.S.C. 1463. Sec. 503, originally added by sec. 
206 of the Foreign Relations Authorization Act, Fiscal Year 1977 
(Public Law 94-350), was repealed by sec. 315(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 445). The section stated principles for VOA 
broadcasts.
---------------------------------------------------------------------------

                        voice of america/europe

    Sec. 504.\29\ As part of its duties and programs under 
title V of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1461 et seq.), Voice of 
America/Europe shall--
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 1464. Sec. 504 was added by sec. 402 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1331).
---------------------------------------------------------------------------
          (1) target news and features in accordance with the 
        findings and recommendations of the Young European 
        Survey;
          (2) conduct periodic audience evaluations and 
        measurements; and
          (3) promote and advertise Voice of America/Europe.

                     usia satellite and television

    Sec. 505.\30\ (a) In General.--The Broadcasting Board of 
Governors \31\ is authorized to lease or otherwise acquire time 
on commercial or United States Government satellites for the 
purpose of transmitting materials and programs to posts and 
other users abroad.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 1464a. Sec. 205 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 50), added sec. 505.
    \31\ Sec. 1335(a)(1)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``Director of the United States 
Information Agency'' and inserted in lieu thereof ``Broadcasting Board 
of Governors'' at each place that it appeared in sec. 505.
---------------------------------------------------------------------------
    (b) Broadcast Principles.--The Congress finds that the 
long-term interests of the United States are served by 
communicating directly with the peoples of the world by 
television. To be effective, the Broadcasting Board of 
Governors \32\ must win the attention and respect of viewers. 
These principles will therefore govern the television 
broadcasts of the United States International Television 
Service: \33\
---------------------------------------------------------------------------
    \32\ Sec. 1335(a)(1)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors'' at each place that it appeared in sec. 505.
    \33\ Sec. 1335(a)(1)(C)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``Agency's television 
broadcasts (hereinafter in this section referred to as `USIA-TV')'', 
and inserted in lieu thereof ``television broadcasts of the United 
States International Television Service''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                   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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------

SEC. 2416. SURROGATE BROADCASTING STUDY.

    Not later than 6 months after the date of enactment of this 
Act, the Broadcasting Board of Governors, acting through the 
International Broadcasting Bureau, should conduct and complete 
a study of the appropriateness, feasibility, and projected 
costs of providing surrogate broadcasting service to Africa and 
transmit the results of the study to the appropriate 
congressional committees.

SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

    (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
made available under section 2401(a)(4) of this division for 
each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
Incorporated, shall be available only for surrogate radio 
broadcasting by 
RFE/RL, Incorporated, to the Iranian people in the Farsi 
language, such broadcasts to be designated as ``Radio Free 
Iran''.
    (b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Broadcasting Board of 
Governors of the United States Information Agency shall submit 
a detailed report to Congress describing the costs, 
implementation, and plans for creation of the surrogate 
broadcasting service described in subsection (a).
    (c) Availability of Funds.--None of the funds made 
available under subsection (a) may be made available until 
submission of the report required under subsection (b).

SEC. 2418.\3\ AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS.

    The Director of the United States Information Agency is 
authorized to administer summer travel and work programs 
without regard to preplacement requirements.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1474 note.
---------------------------------------------------------------------------

SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING 
                    APPROPRIATIONS.

    Section 701(f) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended 
by striking paragraph (4).

SEC. 2420.\4\ VOICE OF AMERICA BROADCASTS.

    (a) In General.--The Voice of America shall devote 
programming each day to broadcasting information on the 
individual States of the United States. The broadcasts shall 
include--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6202 note.
---------------------------------------------------------------------------
          (1) information on the products, tourism, and 
        cultural and educational facilities of each State;
          (2) information on the potential for trade with each 
        State; and
          (3) discussions with State officials with respect to 
        the matters described in paragraphs (1) and (2).
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Broadcasting Board of Governors of 
the United States Information Agency shall submit a report to 
Congress detailing the actions that have been taken to carry 
out subsection (a).
    (c) State Defined.--In this section, the term ``State'' 
means any of the several States of the United States, the 
District of Columbia, or any commonwealth or territory of the 
United States.
e. Human Rights, Refugee, and Other Foreign Relations Provisions Act of 
                                  1996

    Partial text of Public Law 104-319 [H.R. 4036], 110 Stat. 3864, 
 approved October 19, 1996; 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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *

                 TITLE I--FOREIGN RELATIONS PROVISIONS

SEC. 101. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

    The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended * * * \2\
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    \2\ See Legislation on Foreign Relations Through 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--
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``sec. 102. conduct of certain educational and cultural exchange programs.
---------------------------------------------------------------------------

    ``In carrying out programs of educational and cultural exchange in 
countries whose people do not fully enjoy freedom and democracy 
(including but not limited to China, Vietnam, Cambodia, Tibet, and 
Burma), the Director of the United States Information Agency shall take 
appropriate steps to provide opportunities for participation in such 
programs to human rights and democracy leaders of such countries.''.
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          (1) human rights or democracy leaders of such 
        countries; or
          (2) committed to advancing human rights and 
        democratic values in such countries.
    (b) Grantee Organizations.--To the extent practicable, 
grantee organizations selected to operate programs described in 
subsection (a) shall be selected through an open competitive 
process. Among the factors that should be considered in the 
selection of such a grantee are the willingness and ability of 
the organization to--
          (1) recruit a broad range of participants, including 
        those described in paragraphs (1) and (2) of subsection 
        (a); and
          (2) ensure that the governments of the countries 
        described in subsection (a) do not have inappropriate 
        influence in the selection process.

SEC. 103. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR 
                    TIBETANS AND BURMESE.

    (a) Establishment of Educational and Cultural Exchange for 
Tibetans.--The Director of the United States Information Agency 
shall establish programs of educational and cultural exchange 
between the United States and the people of Tibet. Such 
programs shall include opportunities for training and, as the 
Director considers appropriate, may include the assignment of 
personnel and resources abroad. Exchange programs under this 
subsection shall be known as the ``Ngawang Choephel Exchange 
Programs''.\4\
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2452 note. Sec. 401(a) of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1501A-445), inserted this sentence.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

  TITLE III--CLAIBORNE PELL INSTITUTE FOR INTERNATIONAL RELATIONS AND 
                           PUBLIC POLICY \8\

          * * * * * * *
---------------------------------------------------------------------------
    \8\ See 110 Stat. 3867.
 f. United States Information Agency Authorization, Fiscal Years 1994 
                                and 1995

  Partial text of Public Law 103-236 [Foreign Relations Authorization 
  Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 420, 
   approved April 30, 1994; 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (2) \2\ Educational and cultural exchange programs.--
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1994 (Title V of Public Law 103-121; 108 Stat. 1191), provided 
$242,000,000 for educational and cultural exchange programs.
    Title III, chapter 2, of Public Law 103-211 (108 Stat. 28), 
rescinding certain budget authority, however, rescinded $850,000.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1770), provided $238,279,000, of which $500,000 was to be made 
available for the Mike Mansfield Fellowship Program.
---------------------------------------------------------------------------
                  (A) Fulbright academic exchange programs.--
                For the ``Fulbright Academic Exchange 
                Programs'', $130,538,000 for the fiscal year 
                1994 and $126,312,000 for the fiscal year 1995.
                  (B) Other programs.--For ``Hubert H. Humphrey 
                Fellowship Program'', ``Edmund S. Muskie 
                Fellowship Program'', ``International Visitors 
                Program'', ``Israeli-Arab Scholarship 
                Program'', ``Mike Mansfield Fellowship 
                Program'', ``Claude and Mildred Pepper 
                Scholarship Program of the Washington Workshops 
                Foundation'', ``Citizen Exchange Programs'', 
                ``Congress-Bundestag Exchange Program'', 
                ``Newly Independent States and Eastern Europe 
                Training'', ``Institute for Representative 
                Government'', ``American Studies Collections'', 
                ``South Pacific Exchanges'', ``East Timorese 
                Scholarships'', ``Cambodian Scholarships'', and 
                ``Arts America'', $96,962,000 for the fiscal 
                year 1994 and $97,046,000 for the fiscal year 
                1995.
          (3) \3\ Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $21,000,000 for the fiscal year 1994 and 
        $27,609,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \3\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1192), provided $14 
million for radio broadcasting to Cuba and $7 million for television 
broadcasting to Cuba for fiscal year 1994. That Act also established an 
Advisory Panel on Radio Marti and TV Marti. For provisos relating to 
appropriations, and function of the Advisory Panel, see Public Law 103-
121.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $24,809,000 for radio and television transmission to 
Cuba.
---------------------------------------------------------------------------
          (4) \4\ International broadcasting activities.--For 
        ``International Broadcasting Activities'' under title 
        III, $541,676,000 for the fiscal year 1994, and 
        $609,740,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1189), provided 
$210,000,000 for grants and expenses.
    Title III, chapter 2, of Public Law 103-211 (108 Stat. 27, 28), 
rescinding certain budget authority, however, rescinded $1,700,000 for 
the Israel relay station, and another $2,000,000 for radio 
construction.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317; 108 Stat. 1770) provided 
$468,796,000.
---------------------------------------------------------------------------
          (5) \5\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $4,247,000 for the 
        fiscal year 1994 and $4,396,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1190), provided 
$4,247,000 for the Office of Inspector General.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1769), provided $4,300,000.
---------------------------------------------------------------------------
          (6) \6\ Center for cultural and technical interchange 
        between east and west.--For ``Center for Cultural and 
        Technical Interchange between East and West'', 
        $26,000,000 for the fiscal year 1994 and $24,500,000 
        for the fiscal year 1995.
---------------------------------------------------------------------------
    \6\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1191), provided 
$26,000,000 for the East-West Center.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $24,500,000.
---------------------------------------------------------------------------
          (7) \7\ Title v of public law 98-164.--To carry out 
        title V of Public Law 98-164, $35,000,000 for the 
        fiscal year 1994 and $35,000,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1194), provided 
$35,000,000 for the National Endowment for Democracy.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $34,000,000 for the National Endowment for Democracy.
---------------------------------------------------------------------------
    (b) Limitations.--
          (1) Of the amounts authorized to be appropriated for 
        ``Salaries and Expenses'' under section 201(a)(1) for 
        fiscal year 1995, $500,000 is authorized to be 
        appropriated for expenses and activities related to 
        United States participation in the 1996 Budapest 
        World's Fair (Budapest Expo '96).
          (2) Of the amounts authorized to be appropriated for 
        ``Fulbright Academic Exchange Programs'' under 
        subsection (a)(2)(A)--
                  (A) $3,000,000 is authorized to be available 
                for fiscal year 1995 for the Vietnam 
                Scholarship Program established by section 229 
                of the Foreign Relations Authorization Act, 
                Fiscal Years 1992 and 1993 (Public Law 102-
                138); and
                  (B) $1,500,000 is authorized to be available 
                for fiscal year 1994 and $2,000,000 is 
                authorized to be available for fiscal year 
                1995, for the ``Environment and Sustainable 
                Development Exchange Program'' established by 
                section 241.
          (3) Of the amounts authorized to be appropriated for 
        ``Other Programs'' under subsection (a)(2)(B) 
        $1,000,000 is authorized to be available for each of 
        the fiscal years 1994 and 1995 for the ``American 
        Studies Collections'' program established under section 
        235.

      PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

SEC. 221. USIA OFFICE IN LHASA, TIBET.

    (a) Establishment of Office.--The Director of the United 
States Information Agency shall seek to establish an office in 
Lhasa, Tibet, for the purpose of--
          (1) disseminating information about the United 
        States;
          (2) promoting discussions on conflict resolution and 
        human rights;
          (3) facilitating United States private sector 
        involvement in educational and cultural activities in 
        Tibet; and
          (4) advising the United States Government with 
        respect to Tibetan public opinion.
    (b) Report by the Director of USIA.--Not later than April 1 
of each year, the Director of the United States Information 
Agency shall submit a detailed report on developments relating 
to the implementation of this section to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \8\ of the House of Representatives.
---------------------------------------------------------------------------
    \8\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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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.
---------------------------------------------------------------------------
    \9\ Sec. 222 amended sec. 801 of the United States Informational 
and Educational Exchange Act of 1948.
    \10\ 22 U.S.C. 1474 note.
---------------------------------------------------------------------------

SEC. 224.\11\ BUYING POWER MAINTENANCE ACCOUNT. * * *
---------------------------------------------------------------------------

    \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. * * *
---------------------------------------------------------------------------

    \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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------

``sec. 230. limitation concerning participation in international 
expositions.
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \24\ Sec. 102(a)(7)(A) of Public Law 105-244 (112 Stat. 1619) 
struck out ``1201(a)'' and inserted in lieu thereof ``101''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 6101.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 6102.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (2) \2\ Office of the inspector general.--For 
        ``Office of the Inspector General'' $4,206,000 for the 
        fiscal year 1992 and $4,420,000 for the fiscal year 
        1993.
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided 
$4,206,000, for Office of 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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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]
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
  (c) Repeal.--Section 204 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 1461 
note) is repealed.\7\
---------------------------------------------------------------------------
    \7\ Sec. 204 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204), relating to USIA posts and 
personnel overseas, was waived during fiscal years 1988 and 1989 by 
sec. 305 of the Department of State Appropriations Act, 1988 (sec. 
101(a) of Public Law 100-202; 101 Stat. 1329).
---------------------------------------------------------------------------

SEC. 207.\8\ IMPLEMENTATION OF BEIRUT AGREEMENT. * * *

SEC. 208.\9\ CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN 
                    NORTH AND SOUTH. * * *

          * * * * * * *

SEC. 210.\10\ CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM.

  (a) Purpose.--It is the purpose of this section to provide 
Federal financial assistance to facilitate a program to enable 
high school and college students from emerging democracies, who 
are visiting the United States, to spend from one to two weeks 
in Washington, District of Columbia, observing and studying the 
workings and operations of the democratic form of government of 
the United States.
---------------------------------------------------------------------------
    \8\ Sec. 207 amended Public Law 89-634 (80 Stat. 879).
    \9\ 22 U.S.C. 2075. For text of sec. 208, the ``North/South Center 
Act of 1991'', see page 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\
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 1475h.
    \13\ Sec. 1335(b)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) struck out ``United States Information Agency'' each 
place it appeared in sec. 212 and inserted in lieu thereof ``Department 
of State''.
    \14\ Sec. 1335(b)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``for carrying out its overseas public 
diplomacy functions'' after ``grants''.
---------------------------------------------------------------------------
  (b) Exceptions.--The Department of State \13\ may award an 
overseas public diplomacy grant \15\ under procedures other 
than competitive procedures when--
---------------------------------------------------------------------------
    \15\ Sec. 1335(b)(3)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``a grant'' and inserted in 
lieu thereof ``an overseas public diplomacy grant''.
---------------------------------------------------------------------------
          (1) such \16\ a grant is made under the Mutual 
        Educational and Cultural Exchange Act of 1961 (commonly 
        known as the Fulbright-Hays Act) or any statute which 
        expressly authorizes or requires that a grant be made 
        with a specified entity;
---------------------------------------------------------------------------
    \16\ Sec. 1335(b)(3)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) inserted ``such'' before ``a grant''.
---------------------------------------------------------------------------
          (2) the terms of an international agreement or treaty 
        between the United States Government and a foreign 
        government or international organization have the 
        effect of requiring the use of procedures other than 
        competitive procedures;
          (3) a recipient organization has developed particular 
        expertise in the planning and administration of 
        longstanding exchange programs important to United 
        States foreign policy; or
          (4) introducing competition would increase costs.
  (c) Compliance With Grant Guidelines.--
          (1) After October 1, 1991, overseas public diplomacy 
        \17\ grants awarded by the Department of State \13\ 
        shall substantially comply with Department of State 
        \13\ grant guidelines and applicable circulars of the 
        Office of Management and Budget.
---------------------------------------------------------------------------
    \17\ Sec. 1335(b)(4) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``overseas public diplomacy'' before 
``grants''.
---------------------------------------------------------------------------
          (2) If the Agency determines that a grantee has not 
        satisfied the requirement of paragraph (1), the 
        Department of State \13\ shall notify the grantee of 
        the suspension of payments under a grant unless 
        compliance is achieved within 90 days of such notice.
          (3) The Agency shall suspend payments under any such 
        \18\ grant which remains in noncompliance 90 days after 
        notification under paragraph (2).
---------------------------------------------------------------------------
    \18\ Sec. 1335(b)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``such'' before ``grant''.
---------------------------------------------------------------------------
  (d) \19\ * * * [Repealed--1999]
---------------------------------------------------------------------------
    \19\ Sec. 1335(b)(6) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) struck out subsec. (d), which had read as follows:
    ``(d) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the United States 
Information Agency shall submit a detailed report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives on United States Information Agency action 
to comply with subsection (a).''.
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SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES 
                    INFORMATION AGENCY PHOTOGRAPHIC WORKS OF RICHARD 
                    SAUNDERS.

  (a) Distribution to the Schomburg Center for Black Studies.--
Notwithstanding section 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
1(a)) and the second sentence of section 501 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1461)--
          (1) the Director of the United States Information 
        Agency shall make available to the Schomburg Center for 
        Black Studies, New York, New York, master copies of the 
        United States Information Agency photographic works of 
        Richard Saunders, a former employee of the United 
        States Information Agency; and
          (2) the Schomburg Center for Black Studies, New York, 
        New York, shall reimburse the Director of the United 
        States Information Agency for any expenses of the 
        Agency in making such master copies.
  (b) Reimbursement.--Any reimbursement to the Director 
pursuant to this section shall be credited to the applicable 
appropriation of the United States Information Agency.

SEC. 214.\20\ ISRAELI ARAB SCHOLARSHIP PROGRAM.

  (a) Establishment.--Subject to the availability of funds 
under subsection (d), there is established in the United States 
Information Agency a fund to be known as the Israeli Arab 
Scholarship Fund (hereinafter in this Act referred to as the 
``fund''). The income from the fund shall be used for a program 
of scholarships for Israeli Arabs to attend institutions of 
higher education in the United States to be known as the 
Israeli Arab Scholarship Program (hereinafter in the section 
referred to as the ``program''). The fund and the program shall 
be administered by the United States Information Agency in 
accordance with this section and the Mutual Educational and 
Cultural Exchange Act of 1961. The fund may accept 
contributions and gifts from public and private sources.
  (b) Administration of the Fund.--It shall be the duty of the 
Director of the United States Information Agency to invest in 
full amounts made available to the fund. Such investments may 
be made only in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal and 
interest by the United States. The interest on, and the 
proceeds from the sale or redemption of, any obligations held 
in the fund shall be credited to and form a part of the fund.
  (c) Appropriations From the Fund.--For each fiscal year, 
there is authorized to be appropriated from the fund for the 
Israeli Arab Scholarship Program the interest and earnings of 
the fund.
  (d) Funding.--Amounts made available under section 556(b) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (as amended by section 551 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991), are authorized to be appropriated to 
the fund.\20\
---------------------------------------------------------------------------
    \20\ Sec. 556 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1237), as amended, provided the following:
---------------------------------------------------------------------------

``middle east regional cooperation and israeli-arab scholarships
---------------------------------------------------------------------------

    ``Sec. 556. (a) Middle East regional cooperative programs which 
have been carried out in accordance with section 202(c) of the 
International Security and Development Cooperation Act of 1985 shall 
continue to be funded at a level of not less than $7,000,000 from funds 
appropriated under the heading `Economic Support Fund'.
    ``(b) Of the funds made available under the heading `Economic 
Support Fund', $5,000,000 shall be available only for a grant to assist 
in capitalizing an endowment whose income will be used for scholarships 
to enable Israeli Arabs to attend institutions of higher education in 
the United States: Provided, That such endowment and scholarship 
program shall be administered by an organization located in the United 
States, Provided further, That a grant may be made to capitalize such 
endowment only if private sector contributions of at least $5,000,000 
have been made by July 31, 1991, to assist in capitalizing the 
endowment: Provided further, That if the requirement for private sector 
contributions is not met, funds earmarked for the purpose of the 
endowment shall be reprogrammed within the Economic Support Fund 
account.''.
    Department of State and related agencies appropriations acts since 
1993 have provided the following:
---------------------------------------------------------------------------

``ISRAELI ARAB SCHOLARSHIP PROGRAM
---------------------------------------------------------------------------

    ``For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993, all interest and earnings accruing to the 
Israeli Arab Scholarship Fund * * * to remain available until 
expended.'' (Public Law 102-395, 106 Stat. 1871; Public Law 103-121, 
107 Stat. 1191; Public Law 103-317, 108 Stat. 1770; Public Law 104-134, 
110 Stat. 1321-42; Public Law 104-208, 110 Stat. 3009-53; Public Law 
105-119, 111 Stat. 2501; Public Law 105-277, 112 Stat. 2681-99; Public 
Law 106-113, 113 Stat. 1501A-43; 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).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 216.\21\ ESTABLISHMENT OF USIA OFFICE IN VIENTIANE, LAOS.

  The Director of the United States Information Agency shall 
establish an office in Vientiane, Laos, to assist in the 
propagation of American economic and political values.
---------------------------------------------------------------------------
    \21\ See also sec. 201(b) of this Act.
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           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated 
to the Bureau of Educational and Cultural Affairs to carry out 
the purposes of the Mutual Educational and Cultural Exchange 
Act of 1961 the following amounts: \22\
---------------------------------------------------------------------------
    \22\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided the 
following:
---------------------------------------------------------------------------

``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
---------------------------------------------------------------------------

    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $194,232,000, to remain available until expended as 
authorized by 22 U.S.C. 2455, of which $1,000,000 shall be available 
for the Claude and Mildred Pepper Scholarship Program of the Washington 
Workshops Foundation.''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided the 
following:
---------------------------------------------------------------------------

``educational and cultural exchange programs
---------------------------------------------------------------------------

    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 
2 of 1977 (91 Stat. 1636), $223,447,000, to remain available until 
expended as authorized by 22 U.S.C. 2455, of which $200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation and $600,000 shall be available for the 
Institute for Representative Government.''.
---------------------------------------------------------------------------
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $37,749,000 for the fiscal year 1992 and 
        $39,308,000 for the fiscal year 1993.
          (2) Fulbright academic exchange programs.--For the 
        ``Fulbright Academic Exchange Programs'', $110,454,000 
        for the fiscal year 1992 and $117,297,000 for the 
        fiscal year 1993.
          (3) Hubert h. humphrey fellowship program.--For the 
        ``Hubert H. Humphrey Fellowship Program'', $5,682,000 
        for the fiscal year 1992 and $6,000,000 for the fiscal 
        year 1993.
          (4) International visitors program.--For the 
        ``International Visitors Program'', $45,366,000 for the 
        fiscal year 1992 and $47,650,000 for the fiscal year 
        1993.
          (5) Other programs.--For ``East Europe Training 
        Projects'', ``Citizen Exchange Programs'', and the 
        ``Congress-Bundestag Exchange Program'', $14,028,000 
        for the fiscal year 1992 and $14,700,000 for the fiscal 
        year 1993.
          (6) World university games.--For cultural and 
        exchange related activities associated with the 1993 
        World University Games in Buffalo, New York, $2,000,000 
        for fiscal year 1992 and $2,000,000 for fiscal year 
        1993, provided that amounts authorized under this 
        subsection are subject to all requirements governing 
        United States Information Agency assistance to private 
        organizations.
          (7) Near and middle east programs.--For ``Near and 
        Middle East Programs'', $3,000,000 for fiscal year 
        1993.
          (8) Vietnam scholarship program.--For the ``Vietnam 
        Scholarship Program'' established by section 229, 
        $300,000 for each of the fiscal years 1992 and 1993.
          (9) Soviet-american interparliamentary exchanges.--
        For the expenses of Soviet-American Interparliamentary 
        meetings and visits in the United States approved by 
        the joint leadership of the Congress, after an 
        opportunity for appropriate consultation with the 
        Secretary of State and the Director of the United 
        States Information Agency, there are authorized to be 
        appropriated $2,000,000 for the fiscal year 1992, of 
        which not more than $1,000,000 shall be available for 
        obligation or expenditure during that fiscal year. 
        Amounts appropriated under this subsection are 
        authorized to be available until expended.

SEC. 222. FULBRIGHT EXCHANGE PROGRAMS ENHANCEMENT.

  In addition to amounts authorized to be appropriated by 
section 221(2) for the Fulbright Academic Exchange Programs, 
$2,700,000 is authorized to be appropriated for each of the 
fiscal years 1992 and 1993 to increase amounts otherwise 
available for Fulbright Academic Exchange Programs for 
exchanges involving Latin America, Asia, and Africa.

SEC. 223. USIA CULTURAL CENTER IN KOSOVO.

  (a) Establishment.--The Director of the United States 
Information Agency shall establish a cultural center in the 
capital of Kosovo in Yugoslavia when the Secretary of State 
determines that the physical security of the center and the 
personal safety of its employees may be reasonably assured.
  (b) Report.--Not later than 90 days after the date of 
enactment of this Act, and every 90 days thereafter until a 
center is established under subsection (a), the Director of the 
United States Information Agency shall submit a report to the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Chairman of the Committee on Foreign Affairs \23\ of 
the House of Representatives on progress toward establishment 
of a center pursuant to subsection (a), including an assessment 
by the Secretary of State of the risks to physical and personal 
security of the establishment of such a center.
---------------------------------------------------------------------------
    \23\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          * * * * * * *

SEC. 225.\24\ * * * [REPEALED--1992]

SEC. 226.\25\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.

  (a) Programs for Foreign Students and Scholars.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to foreign students and scholars 
        by the Bureau of Educational and Cultural Affairs of 
        the United States Information Agency for the purpose of 
        study, research, or teaching in the United States shall 
        be increased by 100 over the number of such 
        scholarships provided in fiscal year 1991, subject to 
        the availability of appropriations.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only--
                  (A) to students and scholars from the new 
                democracies of Eastern Europe,
                  (B) to students and scholars from the Soviet 
                Union;
                  (C) to students and scholars from countries 
                determined by the Associate Director of the 
                Bureau of Educational and Cultural Affairs to 
                be not adequately represented in the foreign 
                student population in the United States.
  (b) Programs for United States Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to United States students and 
        scholars by the Bureau of Educational and Cultural 
        Affairs of the United States Information Agency for the 
        purpose of study, research, or teaching in other 
        countries shall be increased by 100 over the number of 
        such scholarships provided in fiscal year 1991, subject 
        to the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only for study, 
        research, and teaching in the new democracies of 
        Eastern Europe, the Soviet Union, and non-European 
        countries.
  (c) Definition.--For the purposes of this section, the term 
``scholarship'' means an amount to be used for full or partial 
support of tuition and fees to attend an educational 
institution, and may include fees, books and supplies, 
equipment required for courses at an educational institution, 
and living expenses at a United States or foreign educational 
institution.
  (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for the Bureau of 
Educational and Cultural Affairs, there are authorized to be 
appropriated $2,000,000 for fiscal year 1992 and $2,000,000 for 
fiscal year 1993 to carry out the purposes of this section. 
Amounts appropriated under this subsection are authorized to be 
available until expended.

SEC. 227.\25\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS 
                    FROM THE 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \28\ Sec. 2413(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
inserted ``journalism and communications, education administration, 
public policy, library and information science,'' after ``business 
administration,'' each of the two places it appears.
---------------------------------------------------------------------------
          (6) The program shall be flexible to include not only 
        training and educational opportunities offered by 
        universities in the United States, but to also support 
        internships, education, and training in a professional 
        setting.
          (7) The program shall be flexible with respect to the 
        number of years of education financed, but in no case 
        shall students be brought to the United States for less 
        than one year.
          (8) Further allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        opportunities for professional, academic, and cultural 
        enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The program shall, to the maximum extent 
        practicable, offer equal opportunities for students 
        from each of the independent states of the former 
        Soviet Union,\29\ Lithuania, Latvia, and Estonia.
---------------------------------------------------------------------------
    \29\ Sec. 2413(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
struck out ``Soviet republics'' and inserted in lieu thereof 
``independent states of the former Soviet Union''.
---------------------------------------------------------------------------
          (12) The United States Information Agency shall 
        recommend to each student who receives a scholarship 
        under this section that the student include in their 
        course of study programs which emphasize the ideas, 
        principles, and documents upon which the United States 
        was founded.
  (d) \30\ Funding of Scholarships for Fiscal Year 1992 and 
Fiscal Year 1993.--There are authorized to be appropriated to 
the United States Information Agency $7,000,000 for fiscal year 
1992, and $7,000,000 for fiscal year 1993, to carry out this 
section.
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    \30\ Sec. 104(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 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.
---------------------------------------------------------------------------
  (e) Compliance With Congressional Budget Act.--Any authority 
provided by this section shall be effective only to the extent 
and in such amounts as are provided in advance in appropriation 
Acts.
  (f) \31\ Designation of Program and Scholarships.--
---------------------------------------------------------------------------
    \31\ Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3352) added subsec. (f).
---------------------------------------------------------------------------
          (1) The scholarship program established by this 
        section shall be known as the ``Edmund S. Muskie 
        Fellowship Program''.
          (2) Scholarships provided under this section shall be 
        known as ``Muskie Fellowships''.

SEC. 228.\25\ NEAR AND MIDDLE EAST RESEARCH AND TRAINING.

  (a) Near and Middle East Studies.--The Director of the United 
States Information Agency may expend from the amount authorized 
for the Bureau of Educational and Cultural Affairs, such sums 
as are appropriate to assist graduate and postdoctoral studies 
by United States scholars on the Near and Middle East.
  (b) \32\ [Repealed--1998]
---------------------------------------------------------------------------
    \32\ Sec. 2219(a)(7) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-817), struck out subsec. (b), which had read as 
follows:
    ``(b) Report.--The Director of the United States Information Agency 
shall prepare and submit to the President and the Congress at the end 
of each fiscal year in which assistance is provided under subsection 
(a) a report concerning such assistance.''.
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  (c) Recommendations.--Not later than 180 days after the date 
of enactment of this Act, the Director of the United States 
Information Agency, in consultation with qualified government 
agencies and appropriate private organizations and individuals, 
shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs \23\ of the House 
of Representatives recommendations concerning the conduct of 
educational and cultural exchange programs administered and 
funded by the Agency.
  (d) Definition.--For purposes of this section, the term 
``Near and Middle East'' refers to the region consisting of 
those countries and peoples covered by the Bureau of Near 
Eastern and South Asian Affairs of the Department of State on 
the day before the date of the enactment of this Act and 
includes the Republic of Turkey.\33\
---------------------------------------------------------------------------
    \33\ Sec. 233 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 424), inserted ``and 
includes the Republic of Turkey''.
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SEC. 229.\25\,}\34\ SCHOLARSHIPS FOR VIETNAMESE.

  (a) In General.--Notwithstanding any other provision of law, 
the Bureau of Educational and Cultural Affairs of the United 
States Information Agency shall make available for each of the 
fiscal years 1992 and 1993, 15 scholarships for Vietnamese 
residents in Vietnam qualified to study in the United States 
for the purpose of studying in the United States. Each 
scholarship made available under this subsection shall be for 
not less than one semester of study in a United States college 
or university.
---------------------------------------------------------------------------
    \34\ Sec. 201(b)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 421), 
continued this program, authorizing $3,000,000 to be available for 
fiscal year 1995. Sec. 2401(3)(A)(ii) of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (Public Law 105-277; 112 
Stat. 2681-830), authorized $5,000,000 for each of fiscal years 1998 
and 1999. Sec. 104(c) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 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.
---------------------------------------------------------------------------
    \1\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1029), provided $638,569,000, for salaries and expenses, with 
several provisos.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2146), provided $652,757,000, for salaries and expenses, with 
several provisos.
---------------------------------------------------------------------------
          (2) \2\ Television and film service.--For 
        ``Television and Film Service'', $31,000,000 for the 
        fiscal year 1990 and $32,240,000 for the fiscal year 
        1991.
---------------------------------------------------------------------------
    \2\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1029), provided not less than $32,800,000 specifically for 
television and film service, notwithstanding sec. 209(e) of Public Law 
100-204, for fiscal year 1990.
---------------------------------------------------------------------------
          (3) \3\ National endowment for democracy.--For 
        ``National Endowment for Democracy'' $25,000,000 for 
        the fiscal year 1990 and $25,000,000 for the fiscal 
        year 1991.
---------------------------------------------------------------------------
    \3\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1030), provided $17,000,000 for the National Endowment for 
Democracy for fiscal year 1990.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided $25,000,000, for the National Endowment for 
Democracy for fiscal year 1991.
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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.
---------------------------------------------------------------------------
    \4\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1030), provided $20,700,000 for the East-West Center for fiscal 
year 1990.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided $23,000,000, for fiscal year 1991.
---------------------------------------------------------------------------
  (b) Seville World's Fair.--(1) Subject to paragraph (2), 
there are authorized to be appropriated to the United States 
Information Agency for fiscal year 1990 $7,300,000 for United 
States participation in the World's Fair in Seville, Spain.
  (2) Funds made available under this title for any educational 
or cultural exchange program, Voice of America programming to 
China, or any overseas post of the United States Information 
Agency may not be transferred or otherwise made available for 
the purposes of paragraph (1).

SEC. 202.\5\ DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES. * * 
                    *

SEC. 203. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES 
                    INFORMATION AGENCY FILM ENTITLED ``LONG JOURNEY 
                    HOME''.

  Notwithstanding section 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
1(a)) and the second sentence of section 501 of the United 
States Information and Education Exchange Act of 1948 \6\ (22 
U.S.C. 1461)--
---------------------------------------------------------------------------
    \5\ Sec. 202 amended sec. 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461).
    \6\ See pages 1436-1437, and box note.
---------------------------------------------------------------------------
          (1) the Director of the United States Information 
        Agency shall make available to the Archivist of the 
        United States a master copy of the film entitled ``Long 
        Journey Home''; and
          (2) upon evidence that necessary United States rights 
        and licenses have been secured and paid for by the 
        person seeking domestic release of the film, the 
        Archivist shall--
                  (A) reimburse the Director for any expenses 
                of the Agency in making that master copy 
                available;
                  (B) deposit that film in the National 
                Archives of the United States; and
                  (C) make copies of that film available for 
                purchase and public viewing within the United 
                States.
Any reimbursement to the Director pursuant to this section 
shall be credited to the applicable appropriation of the United 
States Information Agency.

SEC. 204. THE J. WILLIAM FULBRIGHT FOREIGN SCHOLARSHIP BOARD.

  (a) Amendments to the Mutual Educational and Cultural 
Exchange Act of 1961. * * *
  (b) \7\ Continued Service of Members of Board of Foreign 
Scholarships.--Each member appointed to the Board of Foreign 
Scholarships before the date of the enactment of this Act shall 
continue to serve for the remainder of the term to which each 
such member was appointed.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2456 note.
---------------------------------------------------------------------------
  (c) \7\ References in Law.--Any reference in any provision of 
law to the Board of Foreign Scholarships shall, on and after 
the date of enactment of this Act, be deemed to be a reference 
to the J. William Fulbright Foreign Scholarship Board.

SEC. 205.\8\ USIA SATELLITE AND TELEVISION. * * *

SEC. 206. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    (a) \9\ * * *
---------------------------------------------------------------------------
    \8\ Sec. 205 added a new sec. 505, USIA Satellite and Television, 
to the United States Information and Educational Exchange Act of 1948, 
and made conforming amendment to the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (Public Law 100-204).
    \9\ Sec. 206(a) amended sec. 604 of the United States Information 
and Education Exchange Act of 1948 (22 U.S.C. 1469).
---------------------------------------------------------------------------
  (b)\10\ Continued Service of Members of Commission.--Each 
member of the United States Advisory Commission on Public 
Diplomacy as in existence on the day before the effective date 
of section 604 of the United States Information and Educational 
Exchange Act of 1948 (as amended by section 213 of Public Law 
100-204) shall continue to serve for the remainder of the term 
to which such member was appointed.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1469 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 210.\11\ USIA NETWORK FOR DISSEMINATION OF INFORMATION CONCERNING 
                    UNITED STATES PROGRAMS TO COMBAT NARCOTICS AND 
                    OTHER CONTROLLED SUBSTANCES.

  The United States Information Agency shall establish and 
maintain an international narcotics information network. The 
network shall disseminate prompt, accurate, and comprehensive 
information to foreign governments concerning programs and 
activities of the United States Government--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 1461 note.
---------------------------------------------------------------------------
          (1) to eliminate the illicit production, trafficking, 
        and abuse of narcotic and psychotropic drugs and other 
        controlled substances within the United States; and
          (2) to promote drug prevention and rehabilitation in 
        the United States.

SEC. 211. AFGHANISTAN COUNTRY PLAN.

  (a) Maintenance of Plan.--The Director of the United States 
Information Agency shall maintain a comprehensive country plan 
for the Agency's activities with respect to Afghanistan, 
consistent with the plan submitted to the Congress for the 
fiscal year 1989.
  (b) Report.--Not later than March 1, 1990, the Director of 
the United States Information Agency shall submit to the 
Congress a report describing the Afghanistan country plan and 
including a specific outline on how that country plan will be 
adapted for implementation inside a free Afghanistan.

SEC. 212. GENERAL ACCOUNTING OFFICE STUDY OF THE NATIONAL ENDOWMENT FOR 
                    DEMOCRACY.

  (a) Study of NED.--The Comptroller General of the United 
States shall conduct a study of the operations of the National 
Endowment for Democracy. Such study shall evaluate--
          (1) the programs and operations of the National 
        Endowment for Democracy;
          (2) the effectiveness of the National Endowment for 
        Democracy in fulfilling its goals; and
          (3) the management structure of the National 
        Endowment for Democracy, including--
                  (A) an assessment of the present composition 
                of the board of directors; and
                  (B) the capability and effectiveness of the 
                board in providing objective oversight of the 
                programs and operations of the National 
                Endowment for Democracy.
  (b) Report to Congress.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall prepare and submit a report of the 
findings of such study to the Committee on Foreign Affairs \12\ 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate.
---------------------------------------------------------------------------
    \12\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 213. REPORT TO CONGRESS ON THE ACQUISITION AND USE OF PUBLIC 
                    PROGRAMMING MATERIALS.

  Not later than 90 days after the date of enactment of this 
Act, the Director of the United States Information Agency shall 
provide to the chairman of the Foreign Relations Committee of 
the Senate and the Speaker of the House of Representatives a 
detailed report describing all programming material acquired by 
the United States Information Agency in the fiscal years 1988 
and 1989 from public television and radio entities, including a 
description of how such program material was utilized by the 
United States Information Agency, in whole or in part, in 
original or edited form. Such report shall include a 
description of projected United States Information Agency use 
of programming material acquired for public television and 
radio entities through the fiscal year 1992.

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  (a) \13\ Authorization of Appropriations.--In addition to 
amounts otherwise made available under section 201 for such 
purposes, there are authorized to be appropriated to the Bureau 
of Educational and Cultural Affairs to carry out the purposes 
of the Mutual Educational and Cultural Exchange Act of 1961 the 
following amounts:
---------------------------------------------------------------------------
    \13\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), as amended, provided the following for 
``Educational and Cultural Exchange Programs'':
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Private Sector, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636) $156,506,000, including up to $1,500,000, to remain 
available until expended, for the Eisenhower Exchange Fellowship 
Program.''.
    Public Law 101-162 originally provided $160,300,000 for these 
programs, but was amended to read ``$156,506,000'' by sec. 320(c)(2) of 
Public Law 101-302 (104 Stat. 248).
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2146), provided the following for ``Educational and Cultural 
Exchange Programs'':
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Private Sector, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $163,151,000, of which up to $200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation, and of which $500,000 shall be 
available only for a grant to the North Pacific Studies Center in 
Portland, Oregon.''.
---------------------------------------------------------------------------
          (1) For ``Salaries and Expenses'', $43,323,000 for 
        the fiscal year 1990 and $45,056,000 for the fiscal 
        year 1991.
          (2) For the Fulbright Academic Exchange Programs, 
        $97,460,000 for the fiscal year 1990 and $101,358,000 
        for the fiscal year 1991.
          (3) For the Hubert H. Humphrey Fellowship Program, 
        $5,500,000 for the fiscal year 1990 and $5,720,000 for 
        the fiscal year 1991.
          (4) For the International Visitors Program, 
        $41,817,000 for the fiscal year 1990 and $43,490,000 
        for the fiscal year 1991.
          (5) For the Arts America Program, $6,400,000 for the 
        fiscal year 1990 and $6,656,000 for the fiscal year 
        1991.
  (b) \14\ Allocation of Funds.--Of the amounts authorized to 
be appropriated by subsection (a)(1), $150,000 for the fiscal 
year 1990 and $200,000 for the fiscal year 1991 shall be 
available only for the training at the University of Maine and 
in Washington, District of Columbia, of media personnel from 
developing French-speaking countries. The Voice of America 
International Broadcast Training Center shall administer such 
training program. The Bureau of Educational and Cultural 
Exchanges shall provide to the center such assistance as may be 
necessary in the facilitation of such program.
---------------------------------------------------------------------------
    \14\ Sec. 1102 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 waived this subsection for fiscal years 1990 and 
1991, effective February 16, 1990.
---------------------------------------------------------------------------

SEC. 222. CITIZEN EXCHANGES.

  (a) \15\ * * *
---------------------------------------------------------------------------
    \15\ Sec. 222(a) amended sec. 112 of the Mutual Educational and 
Cultural Exchange Act of 1961.
---------------------------------------------------------------------------
  (b) \16\ Transfer of Functions.--There are hereby transferred 
to the Office of Citizen Exchanges on the date of enactment of 
this Act all functions carried out by the Office of Private 
Sector Programs on the day before such date.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2460 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 225. SCHOLARSHIPS FOR TIBETANS AND BURMESE.

  (a) Allocation of Scholarships.--Of funds made available to 
the Bureau of Education and Cultural Affairs to carry out the 
Mutual Educational and Cultural Exchange Act of 1961, for each 
of the fiscal years 1992 and 1993 \17\ not less than 30 
scholarships are authorized to \18\ be made available to 
Tibetan students and professionals who are outside Tibet, and 
not less than 15 scholarships are authorized to \18\ be made 
available to Burmese students and professionals who are outside 
Burma.
---------------------------------------------------------------------------
    \17\ Sec. 224(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 698), struck out 
``Of the funds authorized to be appropriated by section 221 for each of 
the fiscal years 1990 and 1991,'' and inserted in lieu thereof ``Of 
funds made available to the Bureau of Education and Cultural Affairs to 
carry out the Mutual Educational and Cultural Exchange Act of 1961, for 
each of the fiscal years 1992 and 1993''.
    \18\ Sec. 224(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 699), struck out 
``shall'' and inserted in lieu thereof of ``are authorized to''.
---------------------------------------------------------------------------
  (b) Waiver.--Subsection (a) shall not apply to the extent 
that the Director of the United States Information Agency 
determines that there are not enough qualified students to 
fulfill such allocation requirement.

SEC. 226. SENSE OF CONGRESS CONCERNING THE HUMPHREY FELLOWSHIP PROGRAM.

  It is the sense of the Congress that the United States 
Information Agency should review the Humphrey Fellowship 
Program and consider the feasibility of broadening the 
placement of fellows under such program to provide exposure to 
the processes of the United States Government, the Congress, 
and State and local governmental processes.

                        PART C--VOICE OF AMERICA

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the United States 
Information Agency for the Voice of America for carrying out 
title V of the United States Information and Educational 
Exchange Act of 1948 and the Radio Broadcasting to Cuba Act the 
following amounts:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $170,024,000 for the fiscal year 1990 and 
        $176,825,000 for the fiscal year 1991.
          (2) \19\ Acquisition and construction of radio 
        facilities.--For ``Acquisition and Construction of 
        Radio Facilities'', $69,000,000 for the fiscal year 
        1990 and $122,000,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \19\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), provided the following for ``Radio 
Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $85,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a), of which 
not to exceed $16,000,000 may be available for the completion of 
testing and first-year operations of television broadcasting to Cuba, 
including, but not limited to the purchase, rent, construction, 
improvement and equipping of facilities, operations, and staffing: 
Provided, That such funds for television broadcasting to Cuba may be 
used to purchase or lease, maintain, and operate such aircraft 
(including aerostats) as may be required to house and operate necessary 
television broadcasting equipment: Provided further, That the 
availability of such funds for television broadcasting to Cuba shall be 
subject to the provisions of part B, title II of H.R. 1487 as passed 
the House of Representatives until such time as legislation authorizing 
such activity is enacted into law.''.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided the following for ``Radio Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $107,237,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a).''.
---------------------------------------------------------------------------
          (3) \20\ Radio broadcasting to cuba.--For ``Radio 
        Broadcasting to Cuba'', $12,700,000 for the fiscal year 
        1990 and $13,208,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \20\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), provided the following for ``Radio 
Broadcasting to Cuba'':
    ``For an additional amount, necessary to enable the United States 
Information Agency to carry out the Radio Broadcasting to Cuba Act 
(providing for the Radio Marti Program or Cuba Service of the Voice of 
America), including the purchase, rent, construction, and improvement 
of facilities for radio transmission and reception and purchase and 
installation of necessary equipment for radio transmission and 
reception as authorized by 22 U.S.C. 1471, $12,700,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a).''.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided the following for ``Broadcasting to Cuba'':
    ``For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amended (22 
U.S.C. 1465 et seq.) (providing for the Radio Marti Program or Cuba 
Service of the Voice of America), and the Television Broadcasting to 
Cuba Act (22 U.S.C. 1465aa et seq.) including the purchase, rent, 
construction, and improvement of facilities for radio and television 
transmission and reception and purchase and installation of necessary 
equipment for radio and television transmission and reception as 
authorized by 22 U.S.C. 1471, $31,069,000, to remain available until 
expended as authorized by 22 U.S.C. 1477b(a): Provided, That such funds 
for television broadcasting to Cuba may be used to purchase or lease, 
maintain, and operate such aircraft (including aerostats) as may be 
required to house and operate necessary television broadcasting 
equipment.''.
---------------------------------------------------------------------------
          (4) VOA europe.--For ``VOA Europe'', $3,000,000 for 
        the fiscal year 1990 and $3,120,000 for the fiscal year 
        1991.
          * * * * * * *

SEC. 233.\21\ VOA PUBLIC SERVICE ANNOUNCEMENTS TO PROMOTE CHILD 
                    SURVIVAL.

  The United States Information Agency shall establish and 
maintain through the Voice of America a system of public 
service announcements focusing on child survival techniques.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1463 note.
---------------------------------------------------------------------------

SEC. 234. VOICE OF AMERICA BROADCASTS TO TIBET.

  (a) Establishment of Service.--Not later than 90 days after 
the date of enactment of this Act, the Director of the United 
States Information Agency shall establish through the Voice of 
America, a service to provide Voice of America Tibetan language 
programming to the people of Tibet.
  (b) Amount of Programming.--For each of the fiscal years 1990 
and 1991, programming broadcasts to the people of Tibet 
pursuant to this section shall occur for not less than two 
hours each day.
  (c) Report.--As soon as possible in the fiscal year 1990, the 
Director of the United States Information Agency shall submit 
to the Congress a comprehensive written report detailing the 
implementation of the programming provided for in this section.
  (d) Authorization of Appropriations.--In addition to funds 
otherwise available under subsection (e), there are authorized 
to be appropriated to the Voice of America for purposes of 
carrying out this section $1,000,000 for each of the fiscal 
years 1990 and 1991.
  (e) Transfer Authority.--The Director of the United States 
Information Agency may transfer to Voice of America Tibet 
Service such amounts appropriated for the ``Television and Film 
Service'' for each of the fiscal years 1990 and 1991 as exceed 
the amounts authorized to be appropriated for each such fiscal 
year for such Service.

SEC. 235.\22\ CONTINUING CONTRACT AUTHORITY FOR SELECTED VOICE OF 
                    AMERICA RADIO FACILITIES.

  The Director of the United States Information Agency may 
enter into a contract for the construction of the Voice of 
America's Thailand, Sri Lanka, Sao Tome, Tinian,\23\ and Kuwait 
\24\ radio facilities for periods not in excess of 5 years or 
delegate such authority to the Corps of Engineers of the United 
States Department of the Army if there are sufficient funds to 
cover at least the Government's liability for payments for the 
fiscal year in which the contract is awarded plus the full 
amount of estimated cancellation costs.
---------------------------------------------------------------------------
    \22\ Sec. 1(a) of Public Law 102-499 (106 Stat. 3264) restated the 
section heading. It formerly read ``voice of america's thailand radio 
facilities''.
    \23\ Sec. 410 of Public Law 104-134 (110 Stat. 1321-45) inserted 
``Tinian,'' after ``Sao Tome,''.
    \24\ Sec. 1(b) of Public Law 102-499 (106 Stat. 3264) inserted ``, 
Sri Lanka, Sao Tome, and Kuwait'' after ``Thailand''.
---------------------------------------------------------------------------

SEC. 236. VOICE OF AMERICA BROADCASTS TO THE PEOPLE'S REPUBLIC OF 
                    CHINA.

  For each of the fiscal years 1990 and 1991, the Voice of 
America shall provide not less than 12 hours of programming 
each day for the People's Republic of China.

SEC. 237. VOICE OF AMERICA EQUIPMENT ABROAD.

  It is the sense of the Congress that the United States 
Information Agency and the Voice of America should take every 
step necessary to ensure that existing Voice of America 
equipment abroad is properly maintained and enhanced to prevent 
deterioration.

              PART D--TELEVISION BROADCASTING TO CUBA \25\

          * * * * * * *
      
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    \25\ For this and other legislation relating to broadcasting to 
Cuba, see page 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
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

    ``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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\ * * *
---------------------------------------------------------------------------
    \14\ Subsec. (a) amended sec. 112(a) of the Mutual Educational 
Exchange Act of 1961 to establish the Samantha Smith Memorial Exchange 
Program.
---------------------------------------------------------------------------
  (b) Authorization of Appropriations.--In addition to amounts 
authorized to be appropriated by section 301, there is 
authorized to be appropriated $2,000,000 for fiscal year 1988 
and $2,000,000 for fiscal year 1989 to carry out the program 
established by the amendment made by subsection (a).

SEC. 303.\15\ * * *
---------------------------------------------------------------------------

    \15\ Sec. 303 amended sec. 112(a) of the Mutual Educational 
Exchange Act of 1961 to establish the Arts America Program.
---------------------------------------------------------------------------

 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\ * * *
---------------------------------------------------------------------------
    \16\ Subsec. (a) amended sec. 306(b)(3)(A) of the Convention on 
Cultural Property Implementation Act to establish terms of service for 
members of the Cultural Property Advisory Committee.
---------------------------------------------------------------------------
    (b) * * *
    (c) Application.--The amendment made by subsection (a) 
shall apply to members of the Cultural Property Advisory 
Committee first appointed after the date of enactment of this 
Act.

                       TITLE IV--VOICE OF AMERICA

SEC. 401.\17\ AUTHORIZATIONS OF APPROPRIATIONS.

  In addition to the amounts authorized to be appropriated 
under title II, there are authorized to be appropriated the 
following amounts to the United States Information Agency for 
the Voice of America for the purpose of carrying out title V of 
the United States Information and Educational Exchange Act of 
1948 and the Radio Broadcasting to Cuba Act:
---------------------------------------------------------------------------
    \17\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2221), provided the following for ``Radio 
Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $65,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a): Provided, 
That not to exceed $7,500,000 of these funds may be available for the 
purchase, rent, construction, improvement and equipping of facilities 
for an startup operations including a test of television broadcasting 
to Cuba: Provided further, That in conducting such startup operations 
the United States Information Agency shall use a tethered aerostat 
operated and located at Cudjoe Key Air Force Base in Key West, Florida, 
if feasible and subject to reimbursement, for both the United States 
Customs Service's drug interdiction efforts and the United States 
Information Agency's test of television broadcasting to Cuba: Provided 
further, That the Department of Defense shall provide the necessary 
military support required to support this effort to the maximum extent 
possible: Provided further, That all such television broadcasting 
activities shall be conducted for the same purposes and, to the extent 
feasible, under the same conditions, direction and controls as the 
radio broadcasting activities authorized by the Radio Broadcasting to 
Cuba Act: Provided further, That notwithstanding the preceding proviso, 
section 7 of the Radio Broadcasting to Cuba Act shall not apply to 
television broadcasting station licensees.''.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 403.\21\ CONTRACTOR REQUIREMENTS.

  (a) Findings.--The Congress finds that the overriding 
national security aspects of the $1,300,000,000 facilities 
modernization program of the Voice of America require the 
assurance of uninterrupted logistic support under all 
circumstances for the program. Therefore, it is in the best 
interests of the United States to provide a preference for 
United States contractors bidding on the projects of this 
program.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1471 note.
---------------------------------------------------------------------------
  (b) Responsive Bid.--A bid shall not be treated as a 
responsive bid for purposes of the facilities modernization 
program of the Voice of America unless the bidder can establish 
that the United States goods and services content, excluding 
consulting and management fees, of his proposal and the 
resulting contract will not be less than 55 percent of the 
value of his proposal and the resulting total contract.
  (c) Preference for United States Contractors.--
Notwithstanding any other provision of law, in any case where 
there are two or more qualified bidders on projects of the 
facilities modernization program of the Voice of America, 
including design and construction projects and projects with 
respect to transmitters, antennas, spare parts, and other 
technical equipment, all the responsive bids of United States 
persons and qualified United States joint venture persons shall 
be considered to be reduced by 10 percent.
  (d) \22\ Exception.--
---------------------------------------------------------------------------
    \22\ As enrolled; sec. 403 has two subsec. (d).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

SEC. 202. MODERNIZATION OF VOICE OF AMERICA.

    Of the authorizations of appropriations contained in 
section 201, authorizations of $136,594,000 for the fiscal year 
1986 and $136,594,000 for the fiscal year 1987, which shall be 
available for essential modernization of the facilities and 
operations of the Voice of America, shall remain available 
until the appropriations are made and when those amounts are 
appropriated they are authorized to remain available until 
expended.

SEC. 203. RADIO BROADCASTING TO CUBA.

    Of the amounts authorized to be appropriated by section 
201, not less than $11,500,000 for the fiscal year 1986 and not 
less than $11,700,000 for the fiscal year 1987 shall be 
available for the implementation of the Radio Broadcasting to 
Cuba Act.

SEC. 204. FUNDS FOR EDUCATIONAL AND CULTURAL EXCHANGES.

    Of the amounts authorized to be appropriated by section 
201--
          (1) not less than $128,899,500 for the fiscal year 
        1986 and not less than $141,996,000 for the fiscal year 
        1987 shall be available only for grants for the 
        Fulbright Academic Exchange Programs and the 
        International Visitor Program;
          (2) not less than $4,891,500 for the fiscal year 1986 
        and not less than $5,479,000 for the fiscal year 1987 
        shall be available only for grants for the Humphrey 
        Fellowship Program; and
          (3) $45,400,000 for the fiscal year 1986 and 
        $45,100,000 for the fiscal year 1987 shall be allocated 
        to fund grants and exchanges to Latin America and the 
        Caribbean, and the amounts utilized for programs in 
        Central America shall be obligated in a manner 
        consistent with the recommendations of the National 
        Bipartisan Commission on Central America.

SEC. 205. FUNDS FOR WORLDWIDE BOOK PROGRAM INITIATIVE.

    Of the amounts authorized to be appropriated by section 
201, not less than $7,500,000 for each of the fiscal years 1986 
and 1987 shall be available only for the worldwide book program 
initiative.

SEC. 206. FUNDS FOR EXCHANGE ACTIVITIES ASSOCIATED WITH THE 1987 PAN 
                    AMERICAN GAMES.

    Of the amounts authorized to be appropriated for the fiscal 
years 1986 and 1987 by section 201, not less than $1,500,000 
for each such fiscal year shall be available only to the 
Indiana Sports Corporation for exchanges of persons and other 
exchange-related activities associated with the 1987 Pan 
American Games to be held in Indianapolis, Indiana.

SEC. 207. FUNDS FOR INTERNATIONAL GAMES FOR THE HANDICAPPED.

    Of the amounts authorized to be appropriated for fiscal 
year 1986 by section 201, $3,000,000 shall be available only to 
reimburse expenses for exchange of athletes, coaches, and 
officials participating in international games for the 
handicapped which are conducted in the United States.

SEC. 208.\3\ BAN ON DOMESTIC ACTIVITIES BY THE USIA.

    Except as provided in section 501 of the United States 
Information and Education Exchange Act of 1948 (22 U.S.C. 1461) 
and this section, no funds authorized to be appropriated to the 
United States Information Agency shall be used to influence 
public opinion in the United States, and no program material 
prepared by the United States Information Agency shall be 
distributed within the United States. This section shall not 
apply to programs carried out pursuant to the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 
et seq.). The provisions of this section shall not prohibit the 
United States Information Agency from responding to inquiries 
from members of the public about its operations, policies, or 
programs.\4\
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1461-1a. See sec. 501 of the United States 
Information and Educational Exchange Act of 1948, and related box note, 
for exceptions to this prohibition, beginning at page 1436.
    Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided 
the following:
---------------------------------------------------------------------------

``sec. 1333. application of certain laws.
---------------------------------------------------------------------------

    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
    \4\ Sec. 232 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 424), added the last 
sentence in this section.
---------------------------------------------------------------------------

SEC. 209. PRIVATE SECTOR FUNDING FOR USIA'S PRIVATE SECTOR PROGRAM.

    (a) Limitation on Grants.--No grant shall be made to any 
organization through the Private Sector Program of the United 
States Information Agency unless--
          (1) costs equal to at least 15 percent of grants from 
        the United States Information Agency in fiscal year 
        1986, and
          (2) costs equal to at least 25 percent of grants from 
        the United States Information Agency in fiscal year 
        1987, for that organization's exchange and exchange-
        related programs are provided for from non-United 
        States Government sources.
    (b) Exemption for Certain Organizations.--Subsection (a) 
shall not apply to grantee organizations which have been in 
existence for less than one year.
    (c) Prohibition on Funding 1985 International Youth Year 
Activities.--No funds from fiscal year 1986 appropriations for 
the United States Information Agency or for any other United 
States Government agency shall be available for grants related 
to 1985 International Youth Year activities.

SEC. 210.\5\ * * *

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.
---------------------------------------------------------------------------
    \1\ The Department of State and Related Agencies Appropriations 
Act, 1984 (title III of Public Law 98-166; 97 Stat. 1097) included 
$624,565,000 for fiscal year 1984, itemized as follows: salaries and 
expenses--$471,853,000; educational and cultural exchange programs--
$92,900,000; salaries and expenses (special foreign currency program)--
$9,800,000; Center for Cultural and Technical Interchange between East 
and West--$18,362,000; and acquisition and construction of radio 
facilities--$31,000,000.
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1985 (title III of Public Law 98-411; 98 Stat. 1564) included 
$768,856,000 for fiscal year 1985, itemized as follows: salaries and 
expenses--$545,856,000; salaries and expenses (special foreign currency 
program)--$8,000,000; educational and cultural exchange programs--
$130,000,000; acquisition and construction of radio facilities--
$85,000,000. The Supplemental Appropriations Act, 1985 (title I of 
Public Law 99-88; 99 Stat. 293), for fiscal year 1985, provided as 
follows:
---------------------------------------------------------------------------

``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
---------------------------------------------------------------------------

    ``Of the funds made available under this head in Public Law 98-411, 
$3,800,000 for the pilot Central American Undergraduate Scholarship 
program shall remain available until September 30, 1986; and for an 
additional amount under this head, $9,000,000, to remain available 
until September 30, 1986.
    ``For an additional amount under this head to promote the 
development of an independent media service by the Afghan people and to 
provide for the training of Afghans in media and media-related fields, 
$500,000, to remain available until September 30, 1986: Provided, That 
the Director, with the Secretary of State, shall report to the 
appropriate committees of Congress on the obligation of these funds 60 
days from the date of enactment of this Act.
    ``For the Private Sector Exchange Programs, an additional $500,000 
is provided, to remain available until expended, for the model Chinese-
American Development Student Exchange Program at Tufts University as 
authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.).
---------------------------------------------------------------------------

``ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES
---------------------------------------------------------------------------

    ``For an additional amount for `Acquisition and Construction of 
Radio Facilities', $6,648,000, to remain available until expended.
---------------------------------------------------------------------------

``United States Information Agency

``salaries and expenses

``(rescission)
---------------------------------------------------------------------------

    ``Of available funds under this head, $2,879,000 are rescinded.''.
---------------------------------------------------------------------------

              IMPROVEMENT OF VOA FACILITIES AND OPERATIONS

    Sec. 203. Of the authorizations of appropriations contained 
in section 202--
          (1) authorizations of $47,959,000 for the fiscal year 
        1984, which shall be available for the acquisition and 
        construction of radio facilities,\1\ and
          (2) authorizations of $164,800,000 for the fiscal 
        year 1985, which shall be available for essential 
        modernization of the facilities and operations of the 
        Voice of America,\2\
shall remain available until the appropriations are made and 
when those amounts are appropriated they are authorized to 
remain available until expended.

                           INTERNAL AUDITORS

    Sec. 204. Of the amounts authorized to be appropriated by 
section 202, not less than $600,000 for each of the fiscal 
years 1984 and 1985 shall be available only for the employment 
of twelve professional internal auditors for the United States 
Information Agency in excess of any internal auditors employed 
by the Agency during fiscal year 1983.

             FUNDS FOR THE NATIONAL ENDOWMENT FOR DEMOCRACY

    Sec. 205.\3\ Of the amounts appropriated for the United 
States Information Agency for each of the fiscal years 1984 and 
1985, not less than $31,300,000 shall be available only for a 
grant, in accordance with title V of this Act, to the National 
Endowment for Democracy for use in carrying out its purposes.
---------------------------------------------------------------------------
    \3\ The Department of State and Related Agency Appropriations Act, 
1984 (title III of Public Law 98-166; 97 Stat. 1098), included 
$18,000,000 for the National Endowment for Democracy during fiscal year 
1984. The Department of State and Related Agencies Appropriations Act, 
1985 (title III of Public Law 98-411; 98 Stat. 1569), included 
$18,500,000 for the National Endowment for Democracy during fiscal year 
1985.
---------------------------------------------------------------------------

                   EDUCATIONAL AND CULTURAL EXCHANGES

    Sec. 206. (a) Of the funds authorized to be appropriated 
for the United States Information Agency for the fiscal year 
1984, not less than $100,500,000 shall be available only for 
grants for the Fulbright Academic Exchange Programs and the 
International Visitor Program, not less than $3,729,000 shall 
be available only for grants for the Humphrey Fellowship 
Program, and not more than $7,100,000 shall be available for 
the Private Sector Program.\4\ Funds authorized to be 
appropriated by this title for the Private Sector Program shall 
be available only for grants to not-for-profit cultural, 
educational, or exchange-of-persons organizations. Of the funds 
authorized to be appropriated for the United States Information 
Agency for fiscal year 1984, $3,000,000 shall be available only 
for enhancements of United States libraries overseas and 
programs providing support services to foreign students 
studying, or intending to study, in the United States.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1984 (title III of Public Law 98-166; 97 Stat. 1097), included 
$92,900,000 for educational and cultural exchange programs and 
$7,100,000 for the Private Sector Exchange Program during fiscal year 
1984.
---------------------------------------------------------------------------
    (b) Of the funds authorized to be appropriated for the 
United States Information Agency for the fiscal year 1985, not 
less than $123,100,000 shall be available only for grants for 
the Fulbright Academic Exchange Programs and the International 
Visitor Program, and not less than $4,435,000 shall be 
available only for grants for the Humphrey Fellowship 
Program.\5\
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1985 (title III of Public Law 98-411; 98 Stat. 1569), included 
$121,352,000 for educational and cultural exchange programs and 
$8,648,000 for the Private Sector Exchange Program during fiscal year 
1985.
---------------------------------------------------------------------------

                         PRIVATE SECTOR PROGRAM

    Sec. 207.\6\ (a) No funds authorized to be appropriated for 
the Private Sector Program shall be used to pay for foreign 
travel by any United States citizen who, in the five years 
preceding the date of the proposed foreign travel, made two or 
more trips financed in whole or in substantial part by grants 
from the Private Sector Program. This limitation shall not 
apply to escort interpreters accompanying delegations, to 
artists accompanying exhibitions, to persons engaging in 
theatrical or musical performances, or to the full-time staff 
of the grantee organization. In addition, the Director of the 
Bureau of Educational and Cultural Affairs may waive this 
limitation in exceptional cases if he determines that foreign 
travel is essential to the successful completion of the grant 
program and so certifies in writing to the Speaker of the House 
of Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate at least 15 days prior to the 
commencement of the proposed foreign travel.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2460 note. Sec. 139(11) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (b) of this section, which had required 
that the Director of the Bureau of Educational and Cultural Affairs 
report annually to Congress on certain aspects of foreign travel funded 
by the Private Sector Program.
---------------------------------------------------------------------------

                        INTERNATIONAL YOUTH YEAR

    Sec. 208. (a) From the funds allocated to the Private 
Sector Program, the United States Information Agency may make 
grants to youth and youth service organizations in support of 
activities to promote participation by American young people in 
the activities of International Youth Year. Activities to be 
supported shall involve exchange-of-persons. Grants under this 
subsection shall be subject to all applicable guidelines and 
notification requirements, except that organizations receiving 
such grants shall not be subject to the funding limitation on 
newer organizations which is contained in the ``ECA Grant 
Guidelines'' which were submitted to the Congress on May 4, 
1983 (see pages 42-44 of the report of the Committee on Foreign 
Relations on S. 1342 (Senate report numbered 98-143) and pages 
66-68 of the report of the Committee on Foreign Affairs \7\ to 
accompany H.R. 2915 (House of Representatives report numbered 
98-130)).
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) The Secretary of State shall ensure that any 
organization designated by the United States Government, or any 
agency thereof, as the official United States commission or 
committee for United States participation in International 
Youth Year meets the following criteria: (1) the membership of 
such organization is open to all major youth and youth service 
organizations; (2) the charter of such organization provides 
that the organization will have full financial responsibility 
for its own assets, receipts, and expenditures; and (3) the 
composition of the Governing Board shall be elected from the 
constituent youth and youth service organizations, and in such 
an election the size of the membership of the constituent youth 
and youth service organizations shall be an important factor. 
Clause (3) shall not be construed as requiring any particular 
system of proportional representation in the election of the 
Governing Board.
    (c) No funds authorized to be appropriated by this Act 
shall be made available to any organization to coordinate or 
plan for United States participation in International Youth 
Year if that organization does not meet the criteria specified 
in subsection (b).

   PROHIBITION ON LOBBYING WITH UNITED STATES FUNDS BY USIA GRANTEE 
                             ORGANIZATIONS

    Sec. 209. None of the funds authorized to be appropriated 
by this title shall be used by any grantee organization of the 
United States Information Agency for lobbying or propaganda 
which is directed at influencing public policy decisions of the 
Government of the United States or any State or locality 
thereof. This section shall not be construed so as to abridge 
the right of any grantee organization to exercise the same 
freedom of speech as is protected by the first article of 
amendment of the United States Constitution, so long as such 
organization does not use funds provided under this title in 
exercising such right.

        FUNDS FOR OFFICIAL RECEPTIONS AND ENTERTAINMENT EXPENSES

    Sec. 210. Notwithstanding any other provision of law, not 
more than $20,000 of the funds authorized to be appropriated to 
the United States Information Agency for the fiscal year 1984 
or for the fiscal year 1985 shall be available for domestic 
representation or entertainment expenses, including official 
receptions.

            FUNDS FOR UNITED STATES-GERMAN TEENAGE EXCHANGE

    Sec. 211. In addition to amounts otherwise authorized to be 
appropriated for the United States Information Agency, there 
are authorized to be appropriated $2,500,000 for the fiscal 
year 1984 and $2,500,000 for the fiscal year 1985 to carry out 
a United States-German teenage exchange sponsored by the 
Members of the United States Congress and the West German 
Bundestag.

     FUNDING FOR UNITED STATES PARTICIPATION IN THE TSUKUBA, JAPAN 
                            EXPOSITION 1985

    Sec. 212. In addition to amounts otherwise made available 
for such purpose, there are authorized to be appropriated to 
the United States Information Agency, without fiscal year 
limitation, $4,000,000 for expenses in connection with United 
States participation in the Tsukuba, Japan Exposition 1985.
          * * * * * * *
  l. United States Information Agency Authorization Act, Fiscal Years 
                             1982 and 1983

   Partial text of Public Law 97-241 [S. 1193], 96 Stat. 273 at 291, 
                        approved August 24, 1982

 AN ACT To authorize appropriations for fiscal years 1982 and 1983 for 
 the Department of State, the International Communication Agency, and 
   the Board for International Broadcasting, and for other purposes.


          Note.--Sections in this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate Acts.



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

              TITLE III--UNITED STATES INFORMATION AGENCY

                              short title

    Sec. 301. This title may be cited as the ``United States 
Information Agency Authorization Act, Fiscal Years 1982 and 
1983''.

                    AUTHORIZATIONS OF APPROPRIATIONS

    Sec. 302. There are authorized to be appropriated for the 
United States Information Agency, as so redesignated by section 
303 of this Act, $494,034,000 for the fiscal year 1982 \1\ and 
$559,000,000 for the fiscal year 1983 \2\ to carry out 
international communication, educational, cultural, and 
exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, and Reorganization Plan Numbered 
2 of 1977, and other purposes authorized by law.
---------------------------------------------------------------------------
    \1\ The Continuing Appropriations Act, 1982 (Public Law 97-92; 95 
Stat. 1183), and H.R. 4169, as passed by the House and made applicable 
to Public Law 97-92, included $488,886,000 for fiscal year 1982, 
itemized as follows: salaries and expenses--$443,286,000; salaries and 
expenses (special foreign currency program)--$9,800,000; Center for 
Cultural and Technical Interchange between East and West--$16,800,000; 
and acquisition and construction of radio facilities--$19,000,000.
    \2\ Further Continuing Appropriations Act, 1983 (Public Law 97-377; 
96 Stat. 1830 at 1877), and S. 2956, as reported in the Senate on 
September 24, 1982, and made part of Public Law 97-377, appropriated 
$545,449,000 for fiscal year 1983 itemized in the following manner: 
salaries and expenses--$492,122,000, of which $84,292,000 shall be for 
certain USIA exchange programs; salaries and expenses (special foreign 
currency program)--$10,327,000; Center for Cultural and Technical 
Interchange Between East and West--$18,000,000; and acquisition of 
radio facilities--$25,000,000.
    In addition to funds contained in Public Law 97-377 for the United 
States Information Agency during fiscal year 1983, the Supplemental 
Appropriations Act, 1983 (Public Law 98-63; 97 Stat. 307), provided the 
following:
---------------------------------------------------------------------------

``United States Information Agency

``SALARIES AND EXPENSES
---------------------------------------------------------------------------

    ``For an additional amount for `Salaries and expenses', $9,000,000, 
and, in addition there shall be available the sum of $4,000,000.
---------------------------------------------------------------------------

``ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES
---------------------------------------------------------------------------

    ``For an additional amount for `Acquisition and construction of 
radio facilities', $10,800,000.''.
---------------------------------------------------------------------------

 REDESIGNATION OF THE INTERNATIONAL COMMUNICATION AGENCY AS THE UNITED 
                       STATES INFORMATION AGENCY

    Sec. 303.\3\ (a) The International Communication Agency, 
established by Reorganization Plan Numbered 2 of 1977, is 
hereby redesignated the United States Information Agency. The 
Director of the International Communication Agency or any other 
official of the International Communication Agency is hereby 
redesignated the Director or other official, as appropriate, of 
the United States Information Agency.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1461 note.
---------------------------------------------------------------------------
    (b) Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to the International 
Communication Agency or the Director or other official of the 
International Communication Agency shall be deemed to refer 
respectively to the United States Information Agency or the 
Director or other official of the United States Information 
Agency, as so redesignated by subsection (a).
          * * * * * * *

             INTERNATIONAL EXCHANGES AND NATIONAL SECURITY

    Sec. 305. (a) The Congress finds that--
          (1) United States Government sponsorship of 
        international exchange-of-persons activities has, 
        during the postwar era, contributed significantly to 
        United States national security interests;
          (2) during the 1970's, while United States programs 
        declined dramatically, Soviet exchange-of-persons 
        activities increased steadily in pace with the Soviet 
        military buildup;
          (3) as a consequence of these two trends, Soviet 
        exchange-of-persons programs now far exceed those 
        sponsored by the United States Government and thereby 
        provide the Soviet Union an important means of 
        extending its worldwide influence;
          (4) the importance of competing effectively in this 
        area is reflected in the efforts of major United States 
        allies, whose programs also represent far greater 
        emphasis on exchange-of-persons activities than is 
        demonstrated by the current United States effort; and
          (5) with the availability of increased resources, the 
        United States exchange-of-persons program could be 
        greatly strengthened, both qualitatively and 
        quantitatively.
    (b) It is therefore the sense of the Congress that--
          (1) United States exchange-of-persons activities 
        should be strengthened;
          (2) the allocation of resources necessary to 
        accomplish this improvement would constitute a highly 
        cost-effective means of enhancing the United States 
        national security; and
          (3) because of the integral and continuing national 
        security role of exchange-of-persons programs, such 
        activities should be accorded a dependable source of 
        long-term funding.
    (c) \4\ The amount obligated by the United States 
Information Agency each fiscal year for grants for exchange-of-
persons activities shall be increased, through regular annual 
increases, so that by the fiscal year 1986 the amount obligated 
for such grants is at least double (in terms of constant 
dollars) the amount obligated for such grants for the fiscal 
year 1982.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2455 note.
---------------------------------------------------------------------------
    (d) \4\ (1) In furtherance of the purposes of subsection 
(c), the Congress directs that of the amount appropriated for 
the United States Information Agency for the fiscal year 1983--
          (A) $84,256,000 shall be available only for grants 
        for the Fulbright Academic Exchange Programs and the 
        International Visitor Program; and
          (B) $3,248,000 shall be available only for grants for 
        the Humphrey Fellowship Program; and
          (C) $8,906,000 shall be available only for grants to 
        private, not-for-profit organizations engaging in 
        exchange-of-persons programs;
subject to paragraphs (2) and (3) of this subsection.
    (2) If the amount appropriated for the United States 
Information Agency for the fiscal year 1983 is less than the 
amount authorized for the fiscal year 1983, then the amounts 
specified in subparagraphs (A) through (C) of paragraph (1) 
shall each be deemed to be reduced to the amount which bears 
the same ratio to the specified amount as the amount 
appropriated bears to the amount authorized. For purposes of 
this paragraph--
          (A) the term ``amount appropriated'' means the amount 
        appropriated under section 302 of this Act (less any 
        rescissions), and does not include amounts appropriated 
        under section 704 of the United States Information and 
        Educational Exchange Act of 1948 (relating to 
        nondiscretionary personnel costs and currency 
        fluctuations) or under any other provision of law; and
          (B) the term ``amount authorized'' means the amount 
        authorized to be appropriated by section 302 of this 
        Act, less an amount equal to any amount which was 
        withheld from appropriation (or was rescinded) in order 
        to reduce the amount available for a particular program 
        or activity.
    (3) The Director of the United States Information Agency 
may authorize up to 5 percent of the amount earmarked under 
subparagraph (A), (B), or (C) of paragraph (1) to be used for a 
purpose other than the exchange-of-persons activities specified 
in that subparagraph. Not less than 15 days prior to any such 
authorization, the Director shall submit to the Committee on 
Foreign Affairs \5\ of the House of Representatives, and to the 
Committee on Foreign Relations of the Senate, a justification 
for authorizing the use of earmarked funds for a purpose other 
than the specified exchange-of-persons activities.
---------------------------------------------------------------------------
    \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *
 m. International Communication Agency Authorization Act, Fiscal Years 
                             1980 and 1981

  Partial text of Public Law 96-60 [H.R. 3363], 93 Stat. 395 at 398, 
                        approved August 15, 1979

 AN ACT To authorize appropriations for fiscal years 1980 and 1981 for 
 the Department of State, the International Communication Agency, and 
               the Board for International Broadcasting.


          Note.--Sections in this Act amend State Department, 
        ICA, and other foreign affairs legislation and are 
        incorporated in the appropriate Acts.



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

              TITLE II--INTERNATIONAL COMMUNICATION AGENCY

                              short title

    Sec. 201. This title may be cited as the ``International 
Communication Agency Authorization Act, Fiscal Years 1980 and 
1981''.

                    AUTHORIZATIONS OF APPROPRIATIONS

    Sec. 202. There are authorized to be appropriated for the 
International Communication Agency $432,547,000 for the fiscal 
year 1980 and $465,944,000 for the fiscal year 1981 \1\ to 
carry out international communication, educational, cultural, 
and exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, and Reorganization Plan Numbered 
2 of 1977, and other purposes authorized by law.
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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:
---------------------------------------------------------------------------

``sec. 1333. application of certain laws.
---------------------------------------------------------------------------

    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
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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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
  (a) There is hereby established an advisory commission, to be 
known as the United States Advisory Commission on International 
Communication, Cultural and Educational Affairs (the 
``Commission''). The Commission shall consist of seven members 
who shall be appointed by the President, by and with the advice 
and consent of the Senate. The members of the Commission shall 
represent the public interest and shall be selected from a 
cross section of educational, communications, cultural, 
scientific, technical, public service, labor and business and 
professional backgrounds. Not more than four members shall be 
from any one political party. The term of each member shall be 
three years except that of the original seven appointments, two 
shall be for a term of one year and two shall be for a term of 
two years. Any member appointed to fill a vacancy occurring 
prior to the expiration of the term for which a predecessor was 
appointed shall be appointed for the remainder of such term. 
Upon the expiration of a member's term of office, such member 
may continue to serve until a successor is appointed and has 
qualified. The President shall designate a member to chair the 
Commission.
  (b) The functions now vested in the United States Advisory 
Commission on Information and in the United States Advisory 
Commission on International Education and Cultural Affairs 
under sections 601 through 603 and 801(6) of the United States 
Information and Educational Exchange Act of 1948, as amended 
(22 U.S.C. 1466-1468, 1741(6)), and under sections 106(b) and 
107 of the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2456(b), 2457), respectively, are 
hereby consolidated and vested in the Commission, as follows:
  The Commission shall formulate and recommend to the Director, 
the Secretary of State, and the President policies and programs 
to carry out functions vested in the Director or the Agency, 
and shall appraise the effectiveness of policies and programs 
of the Agency. The Commission shall submit to the Congress, the 
President, the Secretary of State and the Director annual 
reports on programs and activities carried on by the Agency, 
including appraisals, where feasible, as to the effectiveness 
of the several programs. The Commission shall also include in 
such reports such recommendations as shall have been made by 
the Commission to the Director for effectuating the purposes of 
the Agency, and the action taken to carry out such 
recommendations. The Commission may also submit such other 
reports to the Congress as it deems appropriate, and shall make 
reports to the public in the United States and abroad to 
develop a better understanding of and support for the programs 
conducted by the Agency. The Commission's reports to the 
Congress shall include assessments of the degree to which the 
scholarly integrity and nonpolitical character of the 
educational and cultural exchange activities vested in the 
Director have been maintained, and assessments of the attitudes 
of foreign scholars and governments regarding such activities.
  (c) \4\ The Commission shall have no authority with respect 
to the J. William Fulbright Foreign Scholarship Board or the 
United States National Commission for UNESCO.
---------------------------------------------------------------------------
    \4\ Sec. 204(c) of Public Law 101-246 (104 Stat. 50) provided that 
``Any reference in any provision of law to the Board of Foreign 
Scholarships shall, on and after the date of enactment of this Act, be 
deemed to be a reference to the J. William Fulbright Foreign 
Scholarship Board.''. Subsec. (c) formerly read as follows:
    ``(c) The Commission shall have no authority with respect to the 
Board of Foreign Scholarships or the United States National Commission 
for UNESCO.''.
---------------------------------------------------------------------------

Section 9. Abolitions and Supersessions

  (a) The following are hereby abolished:
          (1) The United States Information Agency, including 
        the offices of Director, Deputy Director, Deputy 
        Director (Policy and Plans) (5 U.S.C. 5316(67)), 
        Associate Director (Policy and Plans) (5 U.S.C. 
        5316(103)), and additional offices created by section 
        1(d) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 
        1461 note), of the United States Information Agency, 
        provided that, pending the initial appointment of the 
        Director, Deputy Director and Associate Directors of 
        the Agency their functions shall be performed 
        temporarily, but not for a period in excess of sixty 
        (60) days, by such officers of the Department of State 
        or of the United States Information Agency as the 
        President shall designate;
          (2) One of the offices of Assistant Secretary of 
        State provided for in section 1 of the Act of May 26, 
        1949, c.143, 63 Stat. 111, as amended (22 U.S.C. 2652), 
        and in section 5315(22) of title 5 of the United States 
        Code;
          (3) The United States Advisory Commission on 
        International Educational and Cultural Affairs (22 
        U.S.C. 2456(b));
          (4) The United States Advisory Commission on 
        Information (22 U.S.C. 1466-1468);
          (5) All functions vested in or related to the United 
        States Advisory Commission on International Educational 
        and Cultural Affairs and the United States Advisory 
        Commission on Information that are not transferred to 
        the Director by section 7 or consolidated in the 
        Commission by section 8 of this Reorganization Plan;
          (6) The Advisory Committee on the Arts, all functions 
        thereof, and all functions relating thereto (22 U.S.C. 
        2456(c)); and
          (7) The functions vested in the Secretary of State by 
        section 3(e) of the Act of August 1, 1956, c.841, 70 
        Stat. 890 (22 U.S.C. 2670(e)).
  (b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of 
Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are 
hereby superseded.

Section 10. Other Transfers

  So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations and other funds 
employed, used, held, available, or to be made available in 
connection with the functions transferred or consolidated by 
this Reorganization Plan, as the Director of the Office of 
Management and Budget shall determine, shall be transferred to 
the appropriate department, agency, or commission at such time 
or times as the Director of the Office of Management and Budget 
shall provide, except that no such unexpended balances 
transferred shall be used for purposes other than those for 
which the appropriation was originally made. The Director of 
the Office of Management and Budget shall provide for 
terminating the affairs of all agencies, commissions, and 
offices abolished herein and for such further measures and 
dispositions as such Director deems necessary to effectuate the 
purposes of this Reorganization Plan.

Section 11. Effective Date

  This Reorganization Plan shall become effective at such time 
or times, on or before July 1, 1978, as the President shall 
specify, but not sooner than the earliest time allowable under 
section 906 of title 5 of the United States Code.
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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\ Executive Order 12047 revoked Executive Order 11312, effective 
April 1, 1978.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``separate accounts
---------------------------------------------------------------------------

    ``Sec. 529. (a) Separate Accounts for Local Currencies.--
---------------------------------------------------------------------------

  ``(1) If assistance is furnished to the government of a foreign country 
under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation of 
local currencies of that country, the Administrator of the 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.
---------------------------------------------------------------------------

    ``(b) Separate Accounts for Cash Transfers.--
---------------------------------------------------------------------------

  ``(1) If assistance is made available to the government of a foreign 
country, under chapter 1 or 10 of part I or chapter 4 of part II of the 
Foreign Assistance Act of 1961, as cash transfer assistance or as 
nonproject sector assistance, that country shall be required to maintain 
such funds in a separate account and not commingle them with any other 
funds.

  ``(2) Applicability of other provisions of law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions which 
are referenced in the Joint Explanatory Statement of the Committee of 
Conference accompanying House Joint Resolution 648 (House Report No. 98-
1159).

  ``(3) Notification.--At least 15 days prior to obligating any such cash 
transfer or nonproject sector assistance, the President shall submit a 
notification through the regular notification procedures of the Committees 
on Appropriations, which shall include a detailed description of how the 
funds proposed to be made available will be used, with a discussion of the 
United States interests that will be served by the assistance (including, 
as appropriate, a description of the economic policy reforms that will be 
promoted by such assistance).

  ``(4) Exemption.--Nonproject sector assistance funds may be exempt from 
the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.''.

    (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.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2454.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (f) \18\ * * * [Repealed--1979]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \19\ Sec. 203(b) of the International Education Act of 1966 (Public 
Law 89-698; 80 Stat. 1071) added subsec. (g).
---------------------------------------------------------------------------
    (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).
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          (A) which is of the type described in section 
        102(a)(2)(i) of this Act,
          (B) which is conducted for a purpose comparable of 
        the purpose stated in section 101 of this Act, and
          (C) which is specifically approved by the Secretary 
        of State for purposes of this section;
but the Congress does not consent to the acceptance by any 
Federal employee of any portion of any such grant or other form 
of assistance which provides assistance with respect to any 
expenses incurred by or for any member of the family or 
household of such Federal employee.
    (2) For purposes of this section, the term ``Federal 
employee'' means any employee as defined in subparagraphs (A) 
through (F) of section 7342(a)(1) of title 5 of the United 
States Code, but does not include a person described in 
subparagraph (G) of such section.
    (b) The grants and other forms of assistance with respect 
to which the consent of Congress is given in subsection (a) of 
this section shall not constitute gifts for purposes of section 
7342 of title 5 of the United States Code.
    (c) The Secretary of State is authorized to promulgate 
regulations for purposes of this section.
    Sec. 109.\34\ * * *
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    \34\ Sec. 109 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.--
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \14\ See page 1583 for text, and notes.
---------------------------------------------------------------------------
    (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''.
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    (j) \16\ Eligible Foreign State Defined.--In this section, 
the term ``eligible foreign state'' means--
---------------------------------------------------------------------------
    \16\ Sec. 1401(6) of the Legislative Branch Appropriations Act, 
2003 (division H of Public Law 108-7; 117 Stat. 382), added subsec. 
(j).
---------------------------------------------------------------------------
          (1) any country specified in section 3 of the FREEDOM 
        Support Act (22 U.S.C. 5801); \17\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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\
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    \1\ Executive Order No. 11380 (November 8, 1967; 32 F.R. 15627) 
changed the period following the words ``of the Act'' to a comma and 
added all the words following thereafter.
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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:
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    \2\ Executive Order No. 11380 inserted the subsection designation 
(a).
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          (1) \3\ The functions so conferred by Sections 
        102(a)(2)(iii) and (b)(1); Section 102(b)(2) to the 
        extent that it authorizes the type of centers now 
        supported by the United States Information Agency 
        abroad and designated as binational, community, or 
        student centers; Section 102(b)(4) exclusive of 
        professorships and lectureships; and Sections 102(b)(7) 
        and (8) of the Act; all of the foregoing 
        notwithstanding the provisions of Section 1(a)(2) of 
        this order.
---------------------------------------------------------------------------
    \3\ Executive Order No. 11380 changed the former designation of 
subsecs. (a), (b), (c), and (d) to (1), (2), (3), and (4).
---------------------------------------------------------------------------
          (2) \3\ The functions so conferred by Section 
        104(e)(4) of the Act (the provisions of Section 1(a)(4) 
        and 3(b) of this order notwithstanding).
          (3) \3\ The functions so conferred by Section 
        102(a)(3) of the Act to the extent that they are in 
        respect of fairs, expositions, and demonstrations held 
        outside of the United States, but exclusive of the 
        functions delegated by the provisions of Section 
        1(a)(3) of this order.
          (4) \3\ The functions so conferred by Sections 104(d) 
        and 108(c) and (d) of the Act to the extent that they 
        pertain to the functions delegated by the foregoing 
        provisions of this section.
    (b) \4\ The Director of the United States Information 
Agency shall prepare and transmit to the President the reports 
which the President is required to submit to the Congress by 
section 108(b) of the Act to the extent that they are with 
respect to activities carried out by the United States 
Information Agency pursuant to section 102(a)(2)(iii) and 
section 102(a)(3) of the Act.
---------------------------------------------------------------------------
    \4\ 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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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)''.
---------------------------------------------------------------------------
                  (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.
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    \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''.
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    (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.
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    \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).
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          (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''.
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          (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''.
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          (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''.
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                  (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4701.
---------------------------------------------------------------------------

SEC. 602.\2\ FINDINGS AND DECLARATIONS OF POLICY.

    The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4702.
---------------------------------------------------------------------------
          (1) it is in the national interest for the United 
        States Government to provide a stable source of 
        financial support to give students in developing 
        countries the opportunity to study in the United 
        States, in order to improve the range and quality of 
        educational alternatives, increase mutual 
        understanding, and build lasting links between those 
        countries and the United States;
          (2) providing scholarships to foreign students to 
        study in the United States has proven over time to be 
        an effective means of creating strong bonds between the 
        United States and the future leadership of developing 
        countries and, at the same time, assists countries 
        substantially in their development efforts;
          (3) study in United States institutions by foreign 
        students enhances trade and economic relationships by 
        providing strong English language skills and 
        establishing professional and business contacts;
          (4) students from families of limited financial means 
        have, in the past, largely not had the opportunity to 
        study in the United States, and scholarship programs 
        sponsored by the United States have made no provision 
        for identifying preparing, or supporting such students 
        for study in the United States;
          (5) it is essential that the United States citizenry 
        develop its knowledge and understanding of the 
        developing countries and their languages, cultures, and 
        socioeconomic composition as these areas assume an ever 
        larger role in the world community;
          (6) \3\ an undergraduate scholarship program for 
        students of limited financial means from developing 
        countries to study in the United States would 
        complement current assistance efforts in the areas of 
        advanced education and training of people of developing 
        countries in such disciplines as are required for 
        planning and implementation of public and private 
        development activities;
---------------------------------------------------------------------------
    \3\ Sec. 305 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2324) struck out paras. (6) and (7), and redesignated paras. (8) 
through (10) as (6) through (8). Former paras. (6) and (7) provided as 
follows:
    ``(6) the number of United States Government-sponsored scholarships 
for students in developing countries has been exceeded as much as 
twelve times in a given year by the number of scholarships offered by 
Soviet-bloc governments to students in developing countries, and this 
disparity entails the serious long-run cost of having so many of the 
potential future leaders of the developing world educated in Soviet-
bloc countries;
    ``(7) from 1972 through 1982 the Soviet Union and Eastern European 
governments collectively increased their education exchange programs to 
Latin America and the Caribbean by 205 percent while those of the 
United States declined by 52 percent;''.
---------------------------------------------------------------------------
          (7) \3\ the National Bipartisan Commission on Central 
        America has recommended a program of 10,000 United 
        States Government-sponsored scholarships to bring 
        Central American students to the United States, which 
        program would involve careful targeting to encourage 
        participation by young people from all social and 
        economic classes, would maintain existing admission 
        standards by providing intensive English and other 
        training, and would encourage graduates to return to 
        their home countries after completing their education; 
        and
          (8) \3\ it is also in the interest of the United 
        States, as well as peaceful cooperation in the Western 
        Hemisphere, that particular attention be given to the 
        students of the Caribbean region.

SEC. 603.\4\ SCHOLARSHIP PROGRAM AUTHORITY.

    (a) In General.--The President, acting through the United 
States Information Agency, shall provide scholarships 
(including partial assistance) for undergraduate study at 
United States institutions of higher education by citizens and 
nationals of developing countries who have completed their 
secondary education and who would not otherwise have an 
opportunity to study in the United States due to financial 
limitations.
---------------------------------------------------------------------------
    \4\ 22 U.S. 4703.
---------------------------------------------------------------------------
    (b) Form of Scholarship; Forgiveness of Loan Repayment.--To 
encourage students to use their training in their countries of 
origin each scholarship pursuant to this section shall be in 
the form of a loan with all repayment to be forgiven upon the 
student's prompt return to his or her country or origin for a 
period which is at least one year longer than the period spent 
studying in the United States. If the student is granted asylum 
in the United States pursuant to section 208 of the Immigration 
and Nationality Act or is admitted to the United States as a 
refugee pursuant to section 207 of that Act, half of the 
repayment shall be forgiven.
    (c) Consultation.--Before allocation any of the funds made 
available to carry out this title, the President shall consult 
with United States institutions of higher education, 
educational exchange organizations, United States missions in 
developing countries, and the governments of participating 
countries on how to implement the guidelines specified in 
section 604.
    (d) Definition.--For purposes of this title, the term 
``institution of higher education'' has the same meaning as 
given to such term by section 101 \5\ of the Higher Education 
Act of 1965.
---------------------------------------------------------------------------
    \5\ Sec. 102(a)(7)(D) of Public Law 105-244 (112 Stat. 1619) struck 
out ``1201(a)'' and inserted in lieu thereof ``101''.
---------------------------------------------------------------------------

SEC. 604.\6\ GUIDELINES.

    The scholarship program under this title shall be carried 
out in accordance with the following guidelines:
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 4704.
---------------------------------------------------------------------------
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        title shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity.
          (2) United States missions shall design ways to 
        identify promising students who are in secondary 
        educational institutions, or who have completed their 
        secondary education, for study in the United States. In 
        carrying out this paragraph, the United States mission 
        in a country shall consult with Peace Corps volunteers 
        and staff assigned to that country and with private and 
        voluntary organizations with a proven record of 
        providing development assistance to developing 
        countries.
          (3) United States missions shall develop and strictly 
        implement specific economic need criteria. Scholarships 
        under this title may only be provided to students who 
        meet the economic need criteria.
          (4) The program shall utilize educational 
        institutions in the United States and in developing 
        countries to help participants in the programs acquire 
        necessary skills in English and other appropriate 
        education training.
          (5) Each participant from a developing country shall 
        be selected on the basis of academic and leadership 
        potential and the economic, political, and social 
        development needs of such country. Such needs shall be 
        determined by each United States mission in 
        consultation with the government of the respective 
        country. Scholarship opportunities shall emphasize 
        fields that are critical to the development of the 
        participant's country, including agriculture, civil 
        engineering, communications, social science, education, 
        public and business administration, health, nutrition, 
        environmental studies, population and family planning, 
        and energy.
          (6) The program shall be flexible in order to take 
        advantage of different training and educational 
        opportunities offered by universities, postsecondary 
        vocational training schools, and community colleges in 
        the United States.
          (7) The program shall be flexible with respect to the 
        number of years of undergraduate education financed but 
        in no case shall students be brought to the United 
        States for a period less than one year.
          (8) Adequate allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        adequate opportunities for professional, academic, and 
        cultural enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The United States Information Agency shall 
        recommend to each student, who receives a scholarship 
        under this title for study at a college or university, 
        that the student enroll in a course on the classics of 
        American political thought or which otherwise 
        emphasizes the ideas, principles, and documents upon 
        which the United States was founded.

SEC. 605.\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.
---------------------------------------------------------------------------

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\

      
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (b) The purposes of the Endowment, as set forth in its 
articles of incorporation, are--
          (1) to encourage free and democratic institutions 
        throughout the world through private sector 
        initiatives, including activities which promote the 
        individual rights and freedoms (including 
        internationally recognized human rights) which are 
        essential to the functioning of democratic 
        institutions;
          (2) to facilitate exchanges between United States 
        private sector groups (especially the two major 
        American political parties, labor, and business) and 
        democratic groups abroad;
          (3) to promote United States nongovernmental 
        participation (especially through the two major 
        American political parties, labor, business, and other 
        private sector groups) in democratic training programs 
        and democratic institution-building abroad;
          (4) to strengthen democratic electoral processes 
        abroad through timely measures in cooperation with 
        indigenous democratic forces;
          (5) to support the participation of the two major 
        American political parties, labor, business, and other 
        United States private sector groups in fostering 
        cooperation with those abroad dedicated to the cultural 
        values, institutions, and organizations of democratic 
        pluralism; and
          (6) to encourage the establishment and growth of 
        democratic development in a manner consistent both with 
        the broad concerns of United States national interests 
        and with the specific requirements of the democratic 
        groups in other countries which are aided by programs 
        funded by the Endowment.

                        GRANTS TO THE ENDOWMENT

    Sec. 503.\3\ (a) The Director of the United States 
Information Agency shall make an annual grant to the Endowment 
to enable the Endowment to carry out its purposes as specified 
in section 502(b). Such grants shall be made with funds 
specifically appropriated for grants to the Endowment or with 
funds appropriated to the Agency for the ``Salaries and 
Expenses'' account. Such grants shall be made pursuant to a 
grant agreement between the Director and the Endowment which 
requires that grant funds will only be used for activities 
which the Board of Directors of the Endowment determines are 
consistent with the purposes described in section 502(b), that 
the Endowment will allocate funds in accordance with subsection 
(e) of this section, and that the Endowment will otherwise 
comply with the requirements of this title. The grant agreement 
may not require the Endowment to comply with requirements other 
than those specified in this title.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 4412.
---------------------------------------------------------------------------
    (b) Funds so granted may be used by the Endowment to carry 
out the purposes described in section 502(b), and otherwise 
applicable limitations on the purposes for which funds 
appropriated to the United States Information Agency may be 
used shall not apply to funds granted to the Endowment.
    (c) Nothing in this title shall be construed to make the 
Endowment an agency or establishment of the United States 
Government or to make the members of the Board of Directors of 
the Endowment, or the officers or employees of the Endowment, 
officers or employees of the United States.
    (d) The Endowment and its grantees shall be subject to the 
appropriate oversight procedures of the Congress.
    (e) Of the amounts made available to the Endowment for each 
of the fiscal years 1984 and 1985 to carry out programs in 
furtherance of the purposes of this Act--
          (1) not less than $13,800,000 shall be for the Free 
        Trade Union Institute; and
          (2) not less than $2,500,000 shall be to support 
        private enterprise development programs of the National 
        Chamber Foundation.
    (f) \4\ Nothing in this title shall preclude the Endowment 
from making grants to independent labor unions.
---------------------------------------------------------------------------
    \4\ Sec. 212 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1376) added subsec. 
(f).
---------------------------------------------------------------------------

                ELIGIBILITY OF THE ENDOWMENT FOR GRANTS

    Sec. 504.\5\ (a) Grants may be made to the Endowment under 
this title only if the Endowment agrees to comply with the 
requirements specified in this section and elsewhere in this 
title.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 4413.
---------------------------------------------------------------------------
    (b)(1) The Endowment may only provide funding for programs 
of private sector groups and may not carry out programs 
directly.
    (2) The Endowment may provide funding only for programs 
which are consistent with the purposes set forth in section 
502(b).
    (c)(1) Officers of the Endowment may not receive any salary 
or other compensation from any source, other than the 
Endowment, for services rendered during the period of their 
employment by the Endowment.
    (2) If an individual who is an officer or employee of the 
United States Government serves as a member of the Board of 
Directors or as an officer or employee of the Endowment, that 
individual may not receive any compensation or travel expenses 
in connection with services performed for the Endowment.
    (d)(1) The Endowment shall not issue any shares of stock or 
declare or pay any dividends.
    (2) No part of the assets of the Endowment shall inure to 
the benefit of any member of the Board, any officer or employee 
of the Endowment, or any other individual, except as salary or 
reasonable compensation for services.
    (e)(1) The accounts of the Endowment shall be audited 
annually in accordance with generally accepted auditing 
standards by independent certified public accountants or 
independent licensed public accountants certified or licensed 
by a regulatory authority of a State or other political 
subdivision of the United States. The audits shall be conducted 
at the place or places where the accounts of the Endowment are 
normally kept. All books, accounts, financial records, reports, 
files, and all other papers, things, or property belonging to 
or in use by the Endowment and necessary to facilitate the 
audits shall be made available to the person or persons 
conducting the audits; and full facilities for verifying 
transactions with any assets held by depositories, fiscal 
agents, and custodians shall be afforded to such person or 
persons.
    (2) The report of each such independent audit shall be 
included in the annual report required by subsection (h). The 
audit report shall set forth the scope of the audit and include 
such statements as are necessary to present fairly the 
Endowment's assets and liabilities, surplus or deficit, with an 
analysis of the changes therein during the year, supplemented 
in reasonable detail by a statement of the Endowment's income 
and expenses during the year, and a statement of the 
application of funds, together with the independent auditor's 
opinion of those statements.
    (f)(1) The financial transactions of the Endowment for each 
fiscal year may be audited by the General Accounting Office \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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (b) Membership.--The Board shall consist of 7 members \6\ 
as follows:
---------------------------------------------------------------------------
    \6\ Sec. 1335(f)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-788) struck out ``9 members'' and inserted in lieu thereof 
``7 members''.
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          (1) A senior official of the Department of State (who 
        shall be the chair of the Board), designated by the 
        Secretary of State.
          (2) An officer or employee of the Department of 
        Commerce, designated by the Secretary of Commerce.
          (3) \7\ Five \8\ academic specialists in 
        international affairs or foreign languages,\9\ 
        appointed by the Secretary of State (in consultation 
        with the chairman and ranking minority member of the 
        Committee on Foreign Affairs \10\ of the House of 
        Representatives and the chairman and ranking minority 
        of the Committee on Foreign Relations of the Senate).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (c) Meetings.--The Board shall meet at least once each year 
to select the individuals who will be eligible to serve as 
Fellows.
    (d) Compensation and Per Diem.--Members of the Board shall 
receive no compensation on account of their service on the 
Board, but while away from their homes or regular places of 
business in the performance of their duties under this title, 
may be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses 
under section 5703 of title 5 of the United States Code.

SEC. 1004.\11\ FELLOWSHIPS.

    (a) Number.--Up to 100 fellowships may be provided under 
this title each year. Not less than 15 shall be provided during 
fiscal year 1993.\12\
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 4903.
    \12\ Sec. 1004(a) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3353) added the second sentence.
---------------------------------------------------------------------------
    (b) Remuneration and Period.--The Board shall determine, 
taking into consideration the position in which each Fellow 
will serve and his or her experience and expertise--
          (1) the amount of remuneration the Fellow will 
        receive for his or her service under this title, and
          (2) the period of the fellowship, which shall be 
        between one and two years.
    (c) Training.--Each Fellow may be given appropriate 
training at the Foreign Service Institute \13\ or other 
appropriate institution.
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (b) \16\ Authorities.--Fellows may be employed--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

SEC. 801.\2\ DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP PROGRAM. * * *
---------------------------------------------------------------------------

    \2\ Sec. 801 added the Edmund S. Muskie Fellowship Program to sec. 
227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 
1993 (22 U.S.C. 2452 note).
---------------------------------------------------------------------------

SEC. 802. NEW DIPLOMATIC POSTS IN THE INDEPENDENT STATES.

    There are authorized to be appropriated for ``new 
diplomatic posts'' for personnel, support, and other expenses, 
not otherwise provided for, for the Department of State and the 
United States Information Agency to establish and operate new 
diplomatic posts in the independent states of former Soviet 
Union, $25,000,000 for fiscal year 1993, which are authorized 
to remain available until September 30, 1994.

SEC. 803.\3\ OCCUPANCY OF NEW CHANCERY BUILDINGS. * * *
---------------------------------------------------------------------------

    \3\ Sec. 803 repealed subsecs. (f) and (g) of sec. 132 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
---------------------------------------------------------------------------

SEC. 804.\4\ CERTAIN POSITIONS AT UNITED STATES MISSIONS.

    (a) Amendment.--Section 1004(a) of the Omnibus Diplomatic 
Security and Anti-Terrorism Act of 1986 is amended by adding at 
the end the following: ``Not less than 15 shall be provided 
during fiscal year 1993.''.
---------------------------------------------------------------------------
    \4\ Title X of the Omnibus Diplomatic Security and Anti-Terrorism 
Act of 1986 is the Fascell Fellowship Act.
---------------------------------------------------------------------------
    (b) \5\ Funding.--In addition to the funds made available 
pursuant to section 1005(c) of that Act, funds authorized to be 
appropriated by chapter 11 of part I of the Foreign Assistance 
Act of 1961 may be used in carrying out the amendment made by 
subsection (a) with respect to missions in the independent 
states of the former Soviet Union.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 4903 note.
---------------------------------------------------------------------------

SEC. 805.\6\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

    For purposes of the International Organizations Immunities 
Act (22 U.S.C. 288 and following), the International 
Development Law Institute shall be considered to be a public 
international organization in which the United States 
participates under the authority of an Act of Congress 
authorizing such participation.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 288j. For International Organizations Immunities Act 
(Public Law 79-291), see vol. II-B.
---------------------------------------------------------------------------

SEC. 806.\7\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION 
                    ACTIVITIES. * * *
---------------------------------------------------------------------------

    \7\ Sec. 806 amended sec. 301(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991.
---------------------------------------------------------------------------

SEC. 807.\8\ EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.

    (a) Funding for Exchanges and Training and Similar 
Programs.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (1) Authorization of appropriations.--To carry out a 
        broad spectrum of exchanges, and of training and 
        similar programs to promote the objectives described in 
        section 498 of the Foreign Assistance Act of 1961, 
        between the United States and the independent states of 
        the former Soviet Union, there are authorized to be 
        appropriated for fiscal year 1993 (in addition to 
        amounts otherwise available for such purposes) the 
        following:
                  (A) $20,000,000 for exchange programs for 
                secondary school students.
                  (B) $30,000,000 for programs for participants 
                other than secondary school students, including 
                undergraduate and graduate students, farmers 
                and other agribusiness practitioners, and 
                participants in the exchanges carried out under 
                paragraph (2).
          (2) Local and regional self-government exchanges.--
        The Director of the United States Information Agency is 
        authorized to use funds authorized to be appropriated 
        by paragraph (1)(B) to conduct exchanges to provide 
        technical assistance in local and regional self-
        government to the independent states.
          (3) Report on proposed funding allocations.--Within 
        45 days after the date of the enactment of this Act, 
        the coordinator designated pursuant to section 102(a) 
        of this Act shall submit to the Congress a report 
        specifying the amount of funds authorized to be 
        appropriated by paragraph (1) that is proposed to be 
        allocated for each category of program and for each 
        Government agency.
          (4) Program administration.--
                  (A) USIA.--Educational, cultural, and any 
                other exchange programs carried out under this 
                subsection, including any such programs for 
                secondary school students, shall be 
                administered by the United States Information 
                Agency, and funds allocated for such programs 
                shall be transferred to that Agency.
                  (B) Other agencies.--Training and other non-
                exchange programs carried out under this 
                subsection shall be administered by the Agency 
                for International Development or such other 
                Government agency as has experience and 
                expertise in carrying out such programs.
          (5) Administrative expenses.--Up to 5 percent of the 
        funds made available to each Government agency under 
        this subsection may be used by that agency for 
        administrative expenses of program implementation.
    (b) Enhancement of USIA Educational and Cultural Exchange 
Programs.--In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated to the United 
States Information Agency for fiscal year 1993 for enhancement 
of existing educational and cultural exchange programs the 
following:
          (1) $9,950,000 for Fulbright Academic Exchange 
        Programs.
          (2) $10,850,000 for other programs administered by 
        the Bureau of Educational and Cultural Affairs.
    (c) \9\ Repeal.--Effective 6 months after the date of 
enactment of this Act, section 225 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, and the item 
relating to that section in the table of contents set forth in 
section 2 of that Act, are repealed.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
    (d) Agribusiness Exchanges.--
          (1) Authorization.--The President is authorized to 
        establish regional agribusiness offices at State 
        universities and land grant colleges in the United 
        States for the purpose of expanding exchanges between 
        agribusiness practitioners in the United States and 
        agribusiness practitioners in the independent states of 
        the former Soviet Union.
          (2) Limitation on funding sources.--Funds authorized 
        to be appropriated by this section or other provisions 
        of this Act (including chapter 11 of part I of the 
        Foreign Assistance Act of 1961) may not be used to 
        carry out this subsection.
          * * * * * * *
 b. Soviet-Eastern Europe Educational Exchange Programs in the Foreign 
        Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
  October 28, 1992; 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.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
  (a) Purpose.--It is the purpose of this section to provide 
Federal financial assistance to facilitate a program to enable 
high school and college students from emerging democracies, who 
are visiting the United States, to spend from one to two weeks 
in Washington, District of Columbia, observing and studying the 
workings and operations of the democratic form of government of 
the United States.
  (b) Grants.--The Director of the United States Information 
Agency is authorized to make grants to the Claude and Mildred 
Pepper Scholarship Program of the Washington Workshops 
Foundation to carry out the purpose specified in subsection 
(a).
  (c) \2\ Authorization of Appropriations.--There are 
authorized to be appropriated $1,000,000 for fiscal year 1992 
to carry out this section, of which not more than $500,000 is 
authorized to be available for obligation or expenditure during 
that fiscal year. Amounts appropriated pursuant to this 
subsection are authorized to be available until expended.
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided 
under educational and cultural exchange programs, that ``$1,000,000 
shall be available for the Claude and Mildred Pepper Scholarship 
Program of the Washington Workshops Foundation''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under 
educational and cultural exchange programs, that ``$200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation and $600,000 shall be available for the 
Institute for Representative Government.''.
---------------------------------------------------------------------------
          * * * * * * *

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated 
to the Bureau of Educational and Cultural Affairs to carry out 
the purposes of the Mutual Educational and Cultural Exchange 
Act of 1961 the following amounts: * * * \2\
          (5) Other programs.--For ``East Europe Training 
        Projects'', ``Citizen Exchange Programs'', and the 
        ``Congress-Bundestag Exchange Program'', $14,028,000 
        for the fiscal year 1992 and $14,700,000 for the fiscal 
        year 1993.
          * * * * * * *
          (9) Soviet-american interparliamentary exchanges.--
        For the expenses of Soviet-American Interparliamentary 
        meetings and visits in the United States approved by 
        the joint leadership of the Congress, after an 
        opportunity for appropriate consultation with the 
        Secretary of State and the Director of the United 
        States Information Agency, there are authorized to be 
        appropriated $2,000,000 for the fiscal year 1992, of 
        which not more than $1,000,000 shall be available for 
        obligation or expenditure during that fiscal year. 
        Amounts appropriated under this subsection are 
        authorized to be available until expended.
          * * * * * * *

SEC. 223. USIA CULTURAL CENTER IN KOSOVO.

  (a) Establishment.--The Director of the United States 
Information Agency shall establish a cultural center in the 
capital of Kosovo in Yugoslavia when the Secretary of State 
determines that the physical security of the center and the 
personal safety of its employees may be reasonably assured.
  (b) Report.--Not later than 90 days after the date of 
enactment of this Act, and every 90 days thereafter until a 
center is established under subsection (a), the Director of the 
United States Information Agency shall submit a report to the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Chairman of the Committee on Foreign Affairs \3\ of the 
House of Representatives on progress toward establishment of a 
center pursuant to subsection (a), including an assessment by 
the Secretary of State of the risks to physical and personal 
security of the establishment of such a center.
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 225.\4\ * * * [REPEALED--1992]
---------------------------------------------------------------------------

    \4\ Formerly at 22 U.S.C. 2452 note. Sec. 225 established the 
``Eastern Europe Student Exchange Endowment Fund''. Sec. 807(c) of the 
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3354) repealed sec. 
225, effective 6 months after the date of enactment of that Act 
(October 24, 1992). For text of sec. 225, see 105 Stat. 699.
---------------------------------------------------------------------------

SEC. 226.\5\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.

  (a) Programs for Foreign Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to foreign students and scholars 
        by the Bureau of Educational and Cultural Affairs of 
        the United States Information Agency for the purpose of 
        study, research, or teaching in the United States shall 
        be increased by 100 over the number of such 
        scholarships provided in fiscal year 1991, subject to 
        the availability of appropriations.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only--
                  (A) to students and scholars from the new 
                democracies of Eastern Europe,
                  (B) to students and scholars from the Soviet 
                Union;
                  (C) to students and scholars from countries 
                determined by the Associate Director of the 
                Bureau of Educational and Cultural Affairs to 
                be not adequately represented in the foreign 
                student population in the United States.
  (b) Programs for United States Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to United States students and 
        scholars by the Bureau of Educational and Cultural 
        Affairs of the United States Information Agency for the 
        purpose of study, research, or teaching in other 
        countries shall be increased by 100 over the number of 
        such scholarships provided in fiscal year 1991, subject 
        to the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only for study, 
        research, and teaching in the new democracies of 
        Eastern Europe, the Soviet Union, and non-European 
        countries.
  (c) Definition.--For the purposes of this section, the term 
``scholarship'' means an amount to be used for full or partial 
support of tuition and fees to attend an educational 
institution, and may include fees, books and supplies, 
equipment required for courses at an educational institution, 
and living expenses at a United States or foreign educational 
institution.
  (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for the Bureau of 
Educational and Cultural Affairs, there are authorized to be 
appropriated $2,000,000 for fiscal year 1992 and $2,000,000 for 
fiscal year 1993 to carry out the purposes of this section. 
Amounts appropriated under this subsection are authorized to be 
available until expended.

SEC. 227.\5\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS 
                    FROM THE INDEPENDENT STATES OF THE FORMER SOVIET 
                    UNION, LITHUANIA, LATVIA, AND ESTONIA.\6\

  (a) Statement of Purpose.--The purpose of this section is to 
establish a scholarship program designed to bring students from 
the independent states of the former Soviet Union,\7\ 
Lithuania, Latvia, and Estonia to the United States for study 
in the United States.
---------------------------------------------------------------------------
    \6\ Sec. 2413(b)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-832), inserted ``independent states of the 
former'' in the section catchline.
    \7\ Sec. 2413(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-832), struck out ``Soviet Union'' and inserted 
in lieu thereof ``independent states of the former Soviet Union'' in 
subsecs. (a), (b), and (c)(5).
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  (b) Scholarship Program Authority.--Subject to the 
availability of appropriations under subsection (d), the 
President, acting through the United States Information Agency, 
shall provide scholarships (including partial assistance) for 
study at United States institutions of higher education 
together with private and public sector internships by 
nationals of the independent states of the former Soviet 
Union,\7\ Lithuania, Latvia, and Estonia who have completed 
their undergraduate education and would not otherwise have the 
opportunity to study in the United States due to financial 
limitations.
  (c) Guidelines.--The scholarship program under this section 
shall be carried out in accordance with the following 
guidelines:
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        Act shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity and cost-effectiveness.
          (2) The United States Information Agency shall design 
        ways to identify promising students for study in the 
        United States.
          (3) The United States Information Agency should 
        develop and strictly implement specific financial need 
        criteria. Scholarships under this Act may only be 
        provided to students who meet the financial need 
        criteria.
          (4) The program may utilize educational institutions 
        in the United States, if necessary, to help 
        participants acquire necessary skills to fully 
        participate in professional training.
          (5) Each participant shall be selected on the basis 
        of academic and leadership potential in the fields of 
        business administration, economics, law, or public 
        administration. Scholarship opportunities shall be 
        limited to fields that are critical to economic reform 
        and political development in the independent states of 
        the former Soviet Union,\7\ Lithuania, Latvia, and 
        Estonia, particularly business administration, 
        economics, law, or public administration.
          (6) The program shall be flexible to include not only 
        training and educational opportunities offered by 
        universities in the United States, but to also support 
        internships, education, and training in a professional 
        setting.
          (7) The program shall be flexible with respect to the 
        number of years of education financed, but in no case 
        shall students be brought to the United States for less 
        than one year.
          (8) Further allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        opportunities for professional, academic, and cultural 
        enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The program shall, to the maximum extent 
        practicable, offer equal opportunities for students 
        from each of the independent 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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

SEC. 5.\8\ AUTHORIZATION OF APPROPRIATIONS.
---------------------------------------------------------------------------

    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

                       FINDINGS AND DECLARATIONS

    Sec. 802.\2\ The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4501.
---------------------------------------------------------------------------
          (1) factual knowledge, independently verified, about 
        the countries of Eastern Europe and the independent 
        states of the former Soviet Union \3\ is of the utmost 
        importance for the national security of the United 
        States, for the furtherance of our national interests 
        in the conduct of foreign relations, and for the 
        prudent management of our domestic affairs;
---------------------------------------------------------------------------
    \3\ In paras. (1), (2), and (3)(E) of this section, sec. 302 of the 
FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out ``Soviet 
Union and Eastern European countries '', and inserted in lieu thereof 
``countries of Eastern Europe and the independent states of the former 
Soviet Union''.
---------------------------------------------------------------------------
          (2) the development and maintenance of knowledge 
        about the countries of Eastern Europe and the 
        independent states of the former Soviet Union \3\ 
        depends upon the national capability for advanced 
        research by highly trained and experienced specialists, 
        available for service in and out of Government;
          (3) certain essential functions are necessary to 
        ensure the existence of that knowledge and the 
        capability to sustain it, including--
                  (A) graduate training;
                  (B) advanced research;
                  (C) public dissemination of research data, 
                methods, and findings;
                  (D) contact and collaboration among 
                Government and private specialists; and
                  (E) firsthand experience of the countries of 
                Eastern Europe and the independent states of 
                the former Soviet Union \3\ by American 
                specialists, including on site conduct of 
                advanced training and research to the extent 
                practicable; and
          (4) it is in the national interest for the United 
        States Government to provide a stable source of 
        financial support for the functions described in this 
        section and to supplement the financial support for 
        those functions which is currently being furnished by 
        Federal, State, local regional, and private agencies, 
        organizations, and individuals, and thereby to 
        stabilize the conduct of these functions on a national 
        scale, consistently, and on a long range unclassified 
        basis.

                              DEFINITIONS

    Sec. 803.\4\ As used in this title--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4502.
---------------------------------------------------------------------------
          (1) the term ``institution of higher education'' has 
        the same meaning given such term in section 101 \5\ of 
        the Higher Education Act of 1965; and
---------------------------------------------------------------------------
    \5\ Sec. 102(a)(7)(C) of Public Law 105-244 (112 Stat. 1619) struck 
out ``1201(a)'' and inserted in lieu thereof ``101''.
---------------------------------------------------------------------------
          (2) the term ``Advisory Committee'' means the 
        Advisory Committee for Studies of Eastern Europe and 
        the Independent States of the Former Soviet Union \6\ 
        established by section 804(a).
---------------------------------------------------------------------------
    \6\ Sec. 302(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory 
Committee'' and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
---------------------------------------------------------------------------

                ESTABLISHMENT OF ADVISORY COMMITTEE \7\

    Sec. 804.\7\ (a) There is established within the Department 
of State the Advisory Committee for Studies of Eastern Europe 
and the Independent States of the Former Soviet Union \8\ which 
shall be composed of the Secretary of State, the Secretary of 
Defense, the Secretary of Education, the Librarian of Congress, 
the President of the American Association for the Advancement 
of Slavic Studies, and the President of the Association of 
American Universities. The Secretary of State shall be the 
Chairman.\9\
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 4503. Sec. 302(5)(A) of the FRIENDSHIP Act (Public 
Law 103-199; 107 Stat. 2323) struck out ``the soviet-eastern european 
studies'' before ``advisory committee'' in the section heading.
    \8\ Sec. 302(5)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet-Eastern European Studies Advisory 
Committee'', and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
    \9\ The functions conferred upon the Secretary of State by this 
subsection are delegated to the Assistant Secretary of State for 
Intelligence and Research, pursuant to State Department Delegation of 
Authority No. 208 of November 30, 1993 (Public Notice 1924; 59 F.R. 
1054; January 7, 1994).
---------------------------------------------------------------------------
    (b) The Advisory Committee shall meet at the call of the 
Chairman and shall hold at least one meeting each year. Three 
members of the Advisory Committee shall constitute a quorum.
    (c) The Secretary of State may detail personnel of the 
Department of State to provide technical and clerical 
assistance to the Advisory Committee in carrying out its 
functions under this title.
    (d) The Advisory Committee shall recommend grant policies 
for the advancement of the objectives of this title. In 
proposing recipients for grants under this title, the Advisory 
Committee shall give the highest priority to national 
organizations with an interest and expertise in conducting 
research and training concerning the countries of Eastern 
Europe and the independent states of the former Soviet Union 
\10\ and in disseminating the results of such research. In 
making its recommendations, the Advisory Committee shall 
emphasize the development of a stable, long-term research 
program.
---------------------------------------------------------------------------
    \10\ Sec. 302(5)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet and Eastern European countries'', and 
inserted in lieu thereof ``the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
---------------------------------------------------------------------------

                       AUTHORITY TO MAKE PAYMENTS

    Sec. 805.\11\ (a) The Secretary of State, after 
consultation with the Advisory Committee, shall make payments, 
in accordance with the provisions of this section, out of funds 
made available to carry out this title.\12\
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 4504.
    \12\ The functions of making payments conferred upon the Secretary 
of State by this subsec. were delegated to the Director of the Bureau 
of Intelligence and Research, pursuant to State Department Delegation 
of Authority No. 155 (September 21, 1984, 49 F.R. 39002).
---------------------------------------------------------------------------
    (b)(1) One part of the payments made in each fiscal year 
shall be used to conduct a national research program at the 
postdoctoral or equivalent level, such program to include--
          (A) the dissemination of information about the 
        research program and the solicitation of proposals for 
        research contracts from American institutions of higher 
        education and not-for-profit corporations, such 
        contracts to contain shared-cost provisions; and
          (B) the awarding of contracts for such research 
        projects as the respective institution determines will 
        best serve to carry out the purposes of this title 
        after reviewing proposals submitted under subparagraph 
        (A).
    (2) One part of the payments made in each fiscal year shall 
be used--
          (A) to establish and carry out a program of graduate, 
        postdoctoral, and teaching fellowships for advanced 
        training in studies on the countries of Eastern Europe 
        and the independent states of the former Soviet Union 
        \13\ and related studies, such program--
---------------------------------------------------------------------------
    \13\ Sec. 302(6)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet and Eastern European studies'', and 
inserted in lieu thereof ``studies on the countries of Eastern Europe 
and the independent states of the former Soviet Union'' in paras. 
(2)(A), (2)(B), and (6) of sec. 805(b).
---------------------------------------------------------------------------
                  (i) to be coordinated with the research 
                program described in paragraph (1);
                  (ii) to be conducted, on a shared-cost basis, 
                at American institutions of higher education; 
                and
                  (iii) to include--
                          (I) the dissemination of information 
                        on the fellowship program and the 
                        solicitation of applications for 
                        fellowships from qualified institutions 
                        of higher education and qualified 
                        individuals; and
                          (II) the awarding of such fellowships 
                        as the respective institution 
                        determines will best serve to carry out 
                        the purposes of this title after 
                        reviewing applications submitted under 
                        subclause (I); and
          (B) to disseminate research, data, and findings on 
        studies on the countries of Eastern Europe and the 
        independent states of the former Soviet Union \13\ and 
        related fields in such a manner and to such extent as 
        the respective institution determines will best serve 
        to carry out the purposes of this title.
    (3) One part of the payments made in each fiscal year shall 
be used--
          (A) to provide fellowship and research support for 
        American specialists in the independent states of the 
        former Soviet Union and the countries of Eastern Europe 
        and related fields \14\ to conduct advanced research 
        with particular emphasis upon the use of data on those 
        states and countries; \15\ and
---------------------------------------------------------------------------
    \14\ Sec. 302(6)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``fields of Soviet and Eastern European studies 
and related studies'', and inserted in lieu thereof ``independent 
states of the former Soviet Union and the countries of Eastern Europe 
and related fields'' in paras. (3)(A) and (3)(B) of sec. 805(b).
    \15\ Sec. 302(6)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``the Soviet Union and Eastern European 
countries'', and inserted in lieu thereof ``those states and 
countries''.
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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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2054.
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    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--
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    \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.
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    \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.
---------------------------------------------------------------------------
          (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
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    \2\ 23 U.S.T. 446.
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          (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''.
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    (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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \1\ 19 U.S.C. 2601.
---------------------------------------------------------------------------

SEC. 302. DEFINITIONS.

    For purposes of this title--
          (1) The term ``agreement'' includes any amendment to, 
        or extension of, any agreement under this title that 
        enters into force with respect to the United States.
          (2) The term ``archaeological or ethnological 
        material of the State Party'' means--
                  (A) any object of archaeological interest;
                  (B) any object of ethnological interest; or
                  (C) any fragment or part of any object 
                referred to in subparagraph (A) or (B);
        which was first discovered within, and is subject to 
        export control by, the State Party. For purposes of 
        this paragraph--
                  (i) no object may be considered to be an 
                object of archaeological interest unless such 
                object--
                          (I) is of cultural significance;
                          (II) is at least two hundred and 
                        fifty years old; and
                          (III) was normally discovered as a 
                        result of scientific excavation, 
                        clandestine or accidental digging, or 
                        exploration on land or under water; and
                  (ii) no object may be considered to be an 
                object of ethnological interest unless such 
                object is--
                          (I) the product of a tribal or 
                        nonindustrial society, and
                          (II) important to the cultural 
                        heritage of a people because of its 
                        distinctive characteristics, 
                        comparative rarity, or its contribution 
                        to the knowledge of the origins, 
                        development, or history of that people.
          (3) The term ``Committee'' means the Cultural 
        Property Advisory Committee established under section 
        206.\2\
---------------------------------------------------------------------------
    \2\ This reference to sec. 206 should probably be a reference to 
sec. 306.
---------------------------------------------------------------------------
          (4) The term ``consignee'' means a consignee as 
        defined in section 483 of the Tariff Act of 1930 (19 
        U.S.C. 1483).
          (5) The term ``Convention'' means the Convention on 
        the means of prohibiting and preventing the illicit 
        import, export, and transfer of ownership of cultural 
        property adopted by the General Conference of the 
        United Nations Educational, Scientific, and Cultural 
        Organization at its sixteenth session.
          (6) The term ``cultural property'' includes articles 
        described in article 1 (a) through (k) of the 
        Convention whether or not any such article is 
        specifically designated as such by any State Party for 
        the purposes of such article.
          (7) The term ``designated archaeological or 
        ethnological material'' means any archaeological or 
        ethnological material of the State Party which--
                  (A) is--
                          (i) covered by an agreement under 
                        this title that enters into force with 
                        respect to the United States, or
                          (ii) subject to emergency action 
                        under section 304, and
                  (B) is listed by regulation under section 
                305.
          (8) The term ``Secretary'' means the Secretary of the 
        Treasury or his delegate.
          (9) The term ``State Party'' means any nation which 
        has ratified, accepted, or acceded to the Convention.
          (10) The term ``United States'' includes the several 
        States, the District of Columbia, and any territory or 
        area the foreign relations for which the United States 
        is responsible.
          (11) The term ``United States citizen'' means--
                  (A) any individual who is a citizen or 
                national of the United States;
                  (B) any corporation, partnership, 
                association, or other legal entity organized or 
                existing under the laws of the United States or 
                any State; or
                  (C) any department, agency, or entity of the 
                Federal Government or of any government of any 
                State.

SEC. 303.\3\ AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION.

    (a) Agreement Authority.--
---------------------------------------------------------------------------
    \3\ 19 U.S.C. 2602.
---------------------------------------------------------------------------
          (1) \4\ In general.--If the President determines, 
        after request is made to the United States under 
        article 9 of the Convention by any State Party--
---------------------------------------------------------------------------
    \4\ The functions conferred upon the President by sec. 303(a)(1) 
concerning determinations to be made prior to initiation of 
negotiations of bilateral or multilateral agreements were delegated to 
the Director of the United States Information Agency, acting in 
consultation with the Secretary of State and the Secretary of the 
Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475).
    Subsequently, sec. 1311 of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``transferred to the Secretary of State all functions of the Director 
of the United States Information Agency and all functions of the United 
States Information Agency and any office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------
                  (A) that the cultural patrimony of the State 
                Party is in jeopardy from the pillage of 
                archaeological or ethnological materials of the 
                State Party;
                  (B) that the State Party has taken measures 
                consistent with the Convention to protect its 
                cultural patrimony;
                  (C) that--
                          (i) the application of the import 
                        restrictions set forth in section 307 
                        with respect to archaeological or 
                        ethnological material of the State 
                        Party, if applied in concert with 
                        similar restrictions implemented, or to 
                        be implemented within a reasonable 
                        period of time, by those nations 
                        (whether or not State Parties) 
                        individually having a significant 
                        import trade in such material, would be 
                        of substantial benefit in deterring a 
                        serious situation of pillage, and
                          (ii) remedies less drastic than the 
                        application of the restrictions set 
                        forth in such section are not 
                        available; and
                  (D) that the application of the import 
                restrictions set forth in section 307 in the 
                particular circumstances is consistent with the 
                general interest of the international community 
                in the interchange of cultural property among 
                nations for scientific, cultural, and 
                educational purposes;
        the President may, subject to the provisions of this 
        title, take the actions described in paragraph (2).
          (2) \5\ Authority of president.--For purposes of 
        paragraph (1), the President may enter into--
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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.
---------------------------------------------------------------------------
    \18\ 19 U.S.C. 2605.
---------------------------------------------------------------------------
    (b) Membership.--
          (1) The Committee shall be composed of eleven members 
        appointed by the President as follows:
                  (A) Two members representing the interests of 
                museums.
                  (B) Three members who shall be experts in the 
                fields of archaeology, anthropology, ethnology, 
                or related areas.
                  (C) Three members who shall be experts in the 
                international sale of archaeological, 
                ethnological, and other cultural property.
                  (D) Three members who shall represent the 
                interest of the general public.
          (2) Appointments made under paragraph (1) shall be 
        made in such a manner so as to insure--
                  (A) fair representation of the various 
                interests of the public sectors and the private 
                sectors in the international exchange of 
                archaeological and ethnological materials, and
                  (B) that within such sectors, fair 
                representation is accorded to the interests of 
                regional and local institutions and museums.
          (3)(A) \19\ Members of the Committee shall be 
        appointed for terms of three years and may be 
        reappointed for one or more terms. With respect to the 
        initial appointments, the President shall select, on a 
        representative basis to the maximum extent practicable, 
        four members to serve three-year terms, four members to 
        serve two-year terms, and the remaining members to 
        serve a one-year term. Thereafter each appointment 
        shall be for a three-year term.
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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.
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    (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\
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \7\ Sec. 1(p) of Public Law 103-415 (108 Stat. 4301) added subsec. 
(c).
---------------------------------------------------------------------------
          (1) VOA will serve as a consistently reliable and 
        authoritative source of news. VOA news will be 
        accurate, objective, and comprehensive.
          (2) VOA will represent America, not any single 
        segment of American society, and will therefore present 
        a balanced and comprehensive projection of significant 
        American thought and institutions.
          (3) VOA will present the policies of the United 
        States clearly and effectively, and will also present 
        responsible discussions and opinion on these policies.

SEC. 304.\8\ ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

    (a) \9\ Continued Existence Within Executive Branch.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6203.
    \9\ Sec. 1322 of the Foreign Affairs Agencies Consolidation Act of 
1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 2681-
777) amended and restated subsec. (a). It formerly read as follows:
    ``(a) Establishment.--There is hereby established within the United 
States Information Agency a Broadcasting Board of Governors (hereafter 
in this title referred to as the `Board').''.
---------------------------------------------------------------------------
          (1) In general.--The Broadcasting Board of Governors 
        shall continue to exist within the Executive branch of 
        Government as an entity described in section 104 of 
        title 5, United States Code.
          (2) Retention of existing board members.--The members 
        of the Broadcasting Board of Governors appointed by the 
        President pursuant to subsection (b)(1)(A) before the 
        effective date of title XIII of the Foreign Affairs 
        Agencies Consolidation Act of 1998 and holding office 
        as of that date may serve the remainder of their terms 
        of office without reappointment.
          (3) Inspector general authorities.--
                  (A) In general.--The Inspector General of the 
                Department of State and the Foreign Service 
                shall exercise the same authorities with 
                respect to the Broadcasting Board of Governors 
                and the International Broadcasting Bureau as 
                the Inspector General exercises under the 
                Inspector General Act of 1978 and section 209 
                of the Foreign Service Act of 1980 with respect 
                to the Department of State.
                  (B) Respect for journalistic integrity of 
                broadcasters.--The Inspector General shall 
                respect the journalistic integrity of all the 
                broadcasters covered by this title and may not 
                evaluate the philosophical or political 
                perspectives reflected in the content of 
                broadcasts.
    (b) Composition of the Board.--
          (1) The Board shall consist of 9 members, as follows:
                  (A) 8 voting members who shall be appointed 
                by the President, by and with the advice and 
                consent of the Senate.
                  (B) The Secretary of State \10\ who shall 
                also be a voting member.
---------------------------------------------------------------------------
    \10\ Sec. 1323(b) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Secretary of State''.
---------------------------------------------------------------------------
          (2) The President shall appoint \11\ one member 
        (other than the Secretary of State) \10\ as Chairman of 
        the Board, subject to the advice and consent of the 
        Senate.\11\
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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:
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    \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.
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    \22\ Sec. 1(s)(1) of Public Law 103-415 (108 Stat. 4302) struck out 
``to'' and inserted in lieu thereof ``of''.
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          (15) \23\ (A) To procure temporary and intermittent 
        personal services to the same extent as is authorized 
        by section 3109 of title 5, United States Code, at 
        rates not to exceed the daily equivalent of the rate 
        provided for positions classified above grade GS-15 of 
        the General Schedule under section 5108 of title 5, 
        United States Code.
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    \23\ Sec. 1323(e)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) added paras. (15) through (18).
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          (B) To allow those providing such services, while 
        away from their homes or their regular places of 
        business, travel expenses (including per diem in lieu 
        of subsistence) as authorized by section 5703 of title 
        5, United States Code, for persons in the Government 
        service employed intermittently, while so employed.
          (16) \23\ To procure, pursuant to section 1535 of 
        title 31, United States Code (commonly known as the 
        ``Economy Act''), such goods and services from other 
        departments or agencies for the Board and the 
        International Broadcasting Bureau as the Board 
        determines are appropriate.
          (17) \23\ To utilize the provisions of titles III, 
        IV, V, VII, VIII, IX, and X of the United States 
        Information and Educational Exchange Act of 1948, and 
        section 6 of Reorganization Plan Number 2 of 1977, as 
        in effect on the day before the effective date of title 
        XIII of the Foreign Affairs Agencies Consolidation Act 
        of 1998, to the extent the Board considers necessary in 
        carrying out the provisions and purposes of this title.
          (18) \23\ To utilize the authorities of any other 
        statute, reorganization plan, Executive order, 
        regulation, agreement, determination, or other official 
        document or proceeding that had been available to the 
        Director of the United States Information Agency, the 
        Bureau, or the Board before the effective date of title 
        XIII of the Foreign Affairs Consolidation Act of 1998 
        for carrying out the broadcasting activities covered by 
        this title.
          (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.
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    \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).
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    (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.
---------------------------------------------------------------------------
    \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.
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    ``(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.
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    ``(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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------

    ``(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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 6208.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \2\ Sec. 6 of Public Law 109-140 (119 Stat. 2652) struck out 
``December 31, 2005'' and inserted in lieu thereof ``December 31, 
2006''.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

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\

          * * * * * * *
      
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6501 note.
---------------------------------------------------------------------------
          * * * * * * *

              TITLE XIII--UNITED STATES INFORMATION AGENCY

          * * * * * * *

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1311.\2\ ABOLITION OF UNITED STATES INFORMATION AGENCY.

    The United States Information Agency (other than the 
Broadcasting Board of Governors and the International 
Broadcasting Bureau) is abolished.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6531.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

    Section 1(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
further amended by adding at the end the following new 
paragraph:
          ``(3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        responsibility to assist the Secretary and the Deputy 
        Secretary in the formation and implementation of United 
        States public diplomacy policies and activities, 
        including international educational and cultural 
        exchange programs, information, and international 
        broadcasting.''.
          * * * * * * *

                 CHAPTER 3--INTERNATIONAL BROADCASTING

SEC. 1321.\3\ CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6541.
---------------------------------------------------------------------------
          (1) it is the policy of the United States to promote 
        the right of freedom of opinion and expression, 
        including the freedom ``to seek, receive, and impart 
        information and ideas through any media and regardless 
        of frontiers'', in accordance with Article 19 of the 
        Universal Declaration of Human Rights;
          (2) open communication of information and ideas among 
        the peoples of the world contributes to international 
        peace and stability, and the promotion of such 
        communication is in the interests of the United States;
          (3) it is in the interest of the United States to 
        support broadcasting to other nations consistent with 
        the requirements of this chapter and the United States 
        International Broadcasting Act of 1994; and
          (4) international broadcasting is, and should remain, 
        an essential instrument of United States foreign 
        policy.

SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

    Section 304(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read 
as follows: * * * \4\
---------------------------------------------------------------------------
    \4\ The amended sec. 304(a) continues the Broadcasting Board of 
Governors within the Executive Branch, retains the current Board of 
Governors, authorizes the State Department's Inspector General's 
authority to extend to include the Broadcasting Board of Governors, and 
requires the Inspector General to respect the journalistic integrity of 
all the broadcasters covered by title III of the U.S. International 
Broadcasting Act of 1994.
---------------------------------------------------------------------------

SEC. 1323.\5\ CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL 
                    BROADCASTING ACT OF 1994.

    (a) References in Section.--Whenever in this section an 
amendment or repeal is expressed as an amendment or repeal of a 
provision, the reference shall be deemed to be made to the 
United States International Broadcasting Act of 1994 (22 U.S.C. 
6201 et seq.).
---------------------------------------------------------------------------
    \5\ Secs. 1323 through 1325 made amendments to the law referred to 
in the section catchline to reflect the reorganization and 
consolidation of foreign affairs agencies.
---------------------------------------------------------------------------
    (b)-(l) * * *

SEC. 1324.\5\ AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT. * * *

SEC. 1325.\5\ AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT. * 
                    * *

SEC. 1326.\6\ TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND 
                    PERSONNEL.

    (a) Transfer and Allocation of Property and 
Appropriations.--
          (1) In general.--The assets, liabilities (including 
        contingent liabilities arising from suits continued 
        with a substitution or addition of parties under 
        section 1327(d)), contracts, property, records, and 
        unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, used, 
        arising from, available to, or to be made available in 
        connection with the functions and offices of USIA 
        transferred to the Broadcasting Board of Governors by 
        this chapter shall be transferred to the Broadcasting 
        Board of Governors for appropriate allocation.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6542.
---------------------------------------------------------------------------
          (2) Additional transfers.--In addition to the 
        transfers made under paragraph (1), there shall be 
        transferred to the Chairman of the Broadcasting Board 
        of Governors the assets, contracts, property, records, 
        and unexpended balance of appropriations, 
        authorizations, allocations, and other funds, as 
        determined by the Secretary, in concurrence with the 
        Broadcasting Board of Governors, to support the 
        functions transferred by this chapter.
    (b) Transfer of Personnel.--Notwithstanding any other 
provision of law--
          (1) except as provided in subsection (c), all 
        personnel and positions of USIA employed or maintained 
        to carry out the functions transferred by this chapter 
        to the Broadcasting Board of Governors shall be 
        transferred to the Broadcasting Board of Governors at 
        the same grade or class and the same rate of basic pay 
        or basic salary rate and with the same tenure held 
        immediately preceding transfer; and
          (2) the personnel and positions of USIA, as 
        determined by the Secretary of State, with the 
        concurrence of the Broadcasting Board of Governors and 
        the Director of USIA, to support the functions 
        transferred by this chapter shall be transferred to the 
        Broadcasting Board of Governors, including the 
        International Broadcasting Bureau, at the same grade or 
        class and the same rate of basic pay or basic salary 
        rate and with the same tenure held immediately 
        preceding transfer.
    (c) Transfer and Allocation of Property, Appropriations, 
and Personnel Associated With Worldnet.--USIA personnel 
responsible for carrying out interactive dialogs with foreign 
media and other similar overseas public diplomacy programs 
using the Worldnet television broadcasting system, and funds 
associated with such personnel, shall be transferred to the 
Department of State in accordance with the provisions of title 
XVI of this subdivision.
    (d) Incidental Transfers.--The Director of the Office of 
Management and Budget, when requested by the Broadcasting Board 
of Governors, is authorized to make such incidental 
dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds 
held, used, arising from, available to, or to be made available 
in connection with functions and offices transferred from USIA, 
as may be necessary to carry out the provisions of this 
section.

SEC. 1327.\7\ SAVINGS PROVISIONS.

    (a) Continuing Legal Force and Effect.--All orders, 
determinations, rules, regulations, permits, agreements, 
grants, contracts, certificates, licenses, registrations, 
privileges, and other administrative actions--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6543.
---------------------------------------------------------------------------
          (1) that have been issued, made, granted, or allowed 
        to become effective by the President, any Federal 
        agency or official thereof, or by a court of competent 
        jurisdiction, in the performance of functions exercised 
        by the Broadcasting Board of Governors of the United 
        States Information Agency on the day before the 
        effective date of this title, and
          (2) that are in effect at the time this title takes 
        effect, or were final before the effective date of this 
        title and are to become effective on or after the 
        effective date of this title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Broadcasting Board of 
Governors, or other authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--
          (1) In general.--The provisions of this chapter, or 
        amendments made by this chapter, shall not affect any 
        proceedings, including notices of proposed rulemaking, 
        or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Broadcasting Board of Governors of the United States 
        Information Agency at the time this title takes effect, 
        with respect to functions exercised by the Board as of 
        the effective date of this title but such proceedings 
        and applications shall be continued.
          (2) Orders, appeals, and payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this chapter had not been enacted, and 
        orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by a duly authorized official, by a court of 
        competent jurisdiction, or by operation of law.
          (3) Statutory construction.--Nothing in this 
        subsection shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this chapter had not been 
        enacted.
    (c) Nonabatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official 
capacity of such individual as an officer of the Broadcasting 
Board of Governors, or any commission or component thereof, 
shall abate by reason of the enactment of this chapter. No 
cause of action by or against the Broadcasting Board of 
Governors, or any commission or component thereof, or by or 
against any officer thereof in the official capacity of such 
officer, shall abate by reason of the enactment of this 
chapter.
    (d) Continuation of Proceedings With Substitution of 
Parties.--
          (1) Substitution of parties.--If, before the 
        effective date of this title, USIA or the Broadcasting 
        Board of Governors, or any officer thereof in the 
        official capacity of such officer, is a party to a suit 
        which is related to the functions transferred by this 
        chapter, then effective on such date such suit shall be 
        continued with the Broadcasting Board of Governors or 
        other appropriate official of the Board substituted or 
        added as a party.
          (2) Liability of the board.--The Board shall 
        participate in suits continued under paragraph (1) 
        where the Broadcasting Board of Governors or other 
        appropriate official of the Board is added as a party 
        and shall be liable for any judgments or remedies in 
        those suits or proceedings arising from the exercise of 
        the functions transferred by this chapter to the same 
        extent that USIA would have been liable if such 
        judgment or remedy had been rendered on the day before 
        the abolition of USIA.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the 
preparation or promulgation of a regulation by the Broadcasting 
Board of Governors relating to a function exercised by the 
Board before the effective date of this title may be continued 
by the Board with the same effect as if this chapter had not 
been enacted.
    (f) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of or relating to the Broadcasting Board of 
Governors of the United States Information Agency with regard 
to functions exercised before the effective date of this title, 
shall be deemed to refer to the Board.

SEC. 1328.\8\ REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

    Not later than March 1 of each year, the Broadcasting Board 
of Governors shall submit to the appropriate congressional 
committees a report on the progress of the Board and of RFE/RL, 
Incorporated, on any steps taken to further the policy declared 
in section 312(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995. The report under this subsection 
shall include the following:
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6544.
---------------------------------------------------------------------------
          (1) Efforts by RFE/RL, Incorporated, to terminate 
        individual language services.
          (2) A detailed description of steps taken with regard 
        to section 312(a) of that Act.
          (3) An analysis of prospects for privatization over 
        the coming year.
          (4) An assessment of the extent to which United 
        States Government funding may be appropriate in the 
        year 2000 and subsequent years for surrogate 
        broadcasting to the countries to which RFE/RL, 
        Incorporated, broadcast during the year. This 
        assessment shall include an analysis of the environment 
        for independent media in those countries, noting the 
        extent of government control of the media, the ability 
        of independent journalists and news organizations to 
        operate, relevant domestic legislation, level of 
        government harassment and efforts to censor, and other 
        indications of whether the people of such countries 
        enjoy freedom of expression.
          * * * * * * *

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001.\9\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
          * * * * * * *

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

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND 
                    CULTURAL EXCHANGE PROGRAMS.

    The following amounts are authorized to be appropriated to 
carry out international information activities and educational 
and cultural exchange programs under the United States 
Information and Educational Exchange Act of 1948, the Mutual 
Educational and Cultural Exchange Act of 1961, Reorganization 
Plan Number 2 of 1977, the United States International 
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, 
the Television Broadcasting to Cuba Act, the Board for 
International Broadcasting Act, the North/South Center Act of 
1991, and the National Endowment for Democracy Act, and to 
carry out other authorities in law consistent with such 
purposes:
          * * * * * * *
          (4) International broadcasting activities.--
                  (A) Authorization of appropriations.--For 
                ``International Broadcasting Activities'', 
                $340,315,000 for the fiscal year 1998, and 
                $340,365,000 for the fiscal year 1999.
                  (B) Allocation.--Of the amounts authorized to 
                be appropriated under subparagraph (A), the 
                Director of the United States Information 
                Agency and the Broadcasting Board of Governors 
                shall seek to ensure that the amounts made 
                available for broadcasting to nations whose 
                people do not fully enjoy freedom of expression 
                do not decline in proportion to the amounts 
                made available for broadcasting to other 
                nations.
          (5) Radio construction.--For ``Radio Construction'', 
        $40,000,000 for the fiscal year 1998, and $13,245,000 
        for the fiscal year 1999.
          (6) Radio free asia.--For ``Radio Free Asia'', 
        $24,100,000 for the fiscal year 1998 and $22,000,000 
        for the fiscal year 1999, and an additional $8,000,000 
        in fiscal year 1998 for one-time capital costs.
          (7) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,095,000 for the fiscal year 1998 and 
        $22,095,000 for the fiscal year 1999.
          * * * * * * *

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

          * * * * * * *

SEC. 2416. SURROGATE BROADCASTING STUDY.

    Not later than 6 months after the date of enactment of this 
Act, the Broadcasting Board of Governors, acting through the 
International Broadcasting Bureau, should conduct and complete 
a study of the appropriateness, feasibility, and projected 
costs of providing surrogate broadcasting service to Africa and 
transmit the results of the study to the appropriate 
congressional committees.

SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

    (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
made available under section 2401(a)(4) of this division for 
each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
Incorporated, shall be available only for surrogate radio 
broadcasting by RFE/RL, Incorporated, to the Iranian people in 
the Farsi language, such broadcasts to be designated as ``Radio 
Free Iran''.
    (b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Broadcasting Board of 
Governors of the United States Information Agency shall submit 
a detailed report to Congress describing the costs, 
implementation, and plans for creation of the surrogate 
broadcasting service described in subsection (a).
    (c) Availability of Funds.--None of the funds made 
available under subsection (a) may be made available until 
submission of the report required under subsection (b).
          * * * * * * *

SEC. 2420.\10\ VOICE OF AMERICA BROADCASTS.

    (a) In General.--The Voice of America shall devote 
programming each day to broadcasting information on the 
individual States of the United States. The broadcasts shall 
include--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6202 note.
---------------------------------------------------------------------------
          (1) information on the products, tourism, and 
        cultural and educational facilities of each State;
          (2) information on the potential for trade with each 
        State; and
          (3) discussions with State officials with respect to 
        the matters described in paragraphs (1) and (2).
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Broadcasting Board of Governors of 
the United States Information Agency shall submit a report to 
Congress detailing the actions that have been taken to carry 
out subsection (a).
    (c) State Defined.--In this section, the term ``State'' 
means any of the several States of the United States, the 
District of Columbia, or any commonwealth or territory of the 
United States.
          * * * * * * *

             TITLE 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. * * *
---------------------------------------------------------------------------

    \1\ Sec. 232 amended sec. 247 of the Television Broadcasting to 
Cuba Act.
---------------------------------------------------------------------------

SEC. 233. YUGOSLAVIAN PROGRAMMING WITHIN THE VOICE OF AMERICA.

    The Director of the United States Information Agency shall 
establish distinct Croatian and Serbian programs within the 
Yugoslavian section of the Voice of America.

SEC. 234. VOICE OF AMERICA BROADCASTS IN KURDISH.

    (a) Findings.--The Congress finds that--
          (1) more than 20 million Kurds have no source of 
        reliable and accurate news and information in their own 
        language;
          (2) the Kurdish people have been subject to extreme 
        repression, including the denial of fundamental 
        cultural and human rights, the extensive destruction of 
        villages, and the mass killing of Kurds by the Iraqi 
        regime; and
          (3) the Voice of America provides an effective means 
        by which the Kurdish people may be informed of events 
        in the free world and pertaining to their own 
        situation.
    (b) Broadcasts in Kurdish.--As soon as practicable, but not 
later than 180 days after the date of enactment of this Act, 
the Director of the United States Information Agency shall 
establish, through the Voice of America, a service to provide 
Kurdish language programming to the Kurdish people. Consistent 
with the mission and practice of the Voice of America, these 
broadcasts in Kurdish shall include news and information on 
events that affect the Kurdish people.
    (c) Amount of Programming.--As soon as practicable but not 
later than one year after enactment, the Voice of America 
Kurdish language programming pursuant to this section shall be 
broadcast for not less than 1 hour each day.
    (d) Plan for a Kurdish Language Service.--Not later than 90 
days after enactment of this Act, the Director of the United 
States Information Agency shall submit to the Chairman of the 
Senate Committee on Foreign Relations and to the Speaker of the 
House of Representatives a report on progress made toward 
implementation of this section.
    (e) Hire of Kurdish Language Speakers.--In order to 
expedite the commencement of Kurdish language broadcasts, the 
Director of the United States Information Agency is authorized 
to hire, subject to the availability of appropriations, Kurdish 
language speakers on a contract not to exceed one year without 
regard to competitive and other procedures that might delay 
such hiring.
    (f) Surrogate Home Service.--Not later than 1 year after 
the date of enactment of this Act, the Chairman of the Board 
for International Broadcasting shall submit to the Chairman of 
the Senate Committee on Foreign Relations and the Speaker of 
the House of Representatives a plan, together with a detailed 
budget, for the establishment of a surrogate home service under 
the auspices of Radio Free Europe/Radio Liberty for the Kurdish 
people. Such surrogate home service for the Kurdish people 
shall broadcast not less than 2 hours a day.

SEC. 235. REPORTS ON THE FUTURE OF INTERNATIONAL BROADCASTING.

    (a) Report on International Broadcasting.--Not later than 
15 days after the date of the enactment of this Act, the 
President shall submit to the Chairman of the Committee on 
Foreign Relations of the Senate and the Chairman of the 
Committee on Foreign Affairs \2\ of the House of 
Representatives the report of the Policy Coordinating Committee 
on International Broadcasting.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Report on United States Government Broadcasting.--The 
President's Task Force on United States Government 
International Broadcasting shall submit to the Chairman of the 
Committee on Foreign Relations of the Senate and the Chairman 
of the Committee on Foreign Affairs \2\ of the House of 
Representatives a complete text of its report to the President 
on United States Government Broadcasting.

              PART D--BOARD FOR INTERNATIONAL BROADCASTING

SEC. 241.\3\ AUTHORIZATION OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \3\ Secs. 241 and 242 amended sec. 8 of the Board for International 
Broadcasting Act of 1973 (22 U.S.C. 2877).
---------------------------------------------------------------------------

SEC. 242.\3\ BOARD FOR INTERNATIONAL BROADCASTING ACT. * * *

SEC. 243. BROADCASTING TO CHINA.

    (a) Commission on Broadcasting to the People's Republic of 
China.--
          (1) Establishment.--There is established a Commission 
        on Broadcasting to the People's Republic of China 
        (hereafter in this title referred to as the 
        ``Commission'') which shall be an independent 
        commission in the executive branch.
          (2) Membership.--The Commission shall be composed of 
        11 members from among citizens of the United States who 
        shall, within 45 days of the enactment of this Act, be 
        appointed in the following manner:
                  (A) The President shall appoint 3 members of 
                the Commission.
                  (B) The Speaker of the House of 
                Representatives shall appoint 2 members of the 
                Commission.
                  (C) The Majority Leader of the Senate shall 
                appoint 2 members of the Commission.
                  (D) The Minority Leader of the House of 
                Representatives shall appoint 2 members of the 
                Commission.
                  (E) The Minority Leader of the Senate shall 
                appoint 2 members of the Commission.
          (3) Chairperson.--The President, in consultation with 
        the congressional leaders referred to in subsection 
        (b), shall designate 1 of the members to be the 
        Chairperson.
          (4) Quorum.--A quorum, consisting of at least half of 
        the members who have been appointed, shall be required 
        for the transaction of business.
          (5) Vacancies.--Any vacancy in the membership of the 
        commission shall be filled in the same manner as the 
        original appointment was made.
    (b) Functions.--
          (1) Purpose.--The Commission shall examine the 
        feasibility, effect, and implications for United States 
        foreign policy of instituting a radio broadcasting 
        service to the People's Republic of China, as well as 
        to other communist countries in Asia, to promote the 
        dissemination of information and ideas, with particular 
        emphasis on developments within each of those nations.
          (2) Specific issues to be examined.--The Commission 
        shall examine all issues related to instituting such a 
        service, including--
                  (A) program content;
                  (B) staffing and legal structure;
                  (C) transmitter and headquarters 
                requirements;
                  (D) costs;
                  (E) expected effect on developments within 
                China and on Sino-American relations; and
                  (F) expected effect on developments within 
                other communist countries in Asia and on their 
                relations with the United States.
          (3) Methodology.--The Commission shall conduct such 
        studies, inquires, hearings, and meetings as it 
        considers necessary.
          (4) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Commission shall submit 
        to the President, the Speaker of the House of 
        Representatives, and the President of the Senate a 
        report describing its activities in carrying out the 
        purpose of paragraph (1) and including recommendations 
        regarding the issues of paragraph (2).
    (c) Administration.--
          (1) Compensation and travel expenses.--
                  (A) General provision.--
                          (i) Except as provided in 
                        subparagraph (B), members shall each 
                        receive compensation at a rate of not 
                        to exceed the daily equivalent of the 
                        annual rate of basic pay payable for 
                        grade GS-18 of the General Schedule 
                        under section 5332 of title 5, United 
                        States Code, for each day such member 
                        is engaged in the actual performance of 
                        the duties of the Commission; and
                          (ii) shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence at rates authorized for 
                        employees of agencies under subchapter 
                        I of chapter 57 of title 5, United 
                        States Code, while away from their 
                        homes or regular places of business in 
                        the performance of services for the 
                        Commission.
                  (B) Limitation.--Any member of the Commission 
                who is an officer or employee of the United 
                States shall not be paid compensation for 
                services performed as a member of the 
                Commission.
          (2) Support from executive and legislative 
        branches.--
                  (A) Executive agencies.--Executive agencies 
                shall, to the extent the President considers 
                appropriate and as permitted by law, provide 
                the Commission with appropriate information, 
                advice, and assistance.
                  (B) Congressional committees.--As may be 
                considered appropriate by the chairpersons, 
                committees of Congress may provide appropriate 
                information, advice, and assistance to the 
                Commission.
          (3) Expenses.--Expenses of the Commission shall be 
        paid from funds available to the Department of State.
    (d) Termination.--The Commission shall terminate upon 
submission of the report under subsection (b).

SEC. 244. POLICY ON RADIO FREE EUROPE.

    It is the sense of the Congress that Radio Free Europe 
should continue to broadcast to nations throughout Eastern 
Europe and should maintain its broadcasts to any nation until--
          (1) new sources of timely and accurate domestic and 
        international information have supplanted and rendered 
        redundant the broadcasts of Radio Free Europe to that 
        nation; and
          (2) that nation has clearly demonstrated the 
        successful establishment and consolidation of 
        democratic rule.
          * * * * * * *
  f. Board for International Broadcasting Authorization, Fiscal Years 
                             1990 and 1991

  Partial text of Public Law 101-246 [Foreign Relations Authorization 
   Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15 at 63, 
  approved February 16, 1990; 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           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 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''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1465aa note.
---------------------------------------------------------------------------

SEC. 242.\3\ FINDINGS AND PURPOSES.

  The Congress finds and declares that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1465aa.
---------------------------------------------------------------------------
          (1) it is the policy of the United States to support 
        the right of the people of Cuba to seek, receive, and 
        impart information and ideas through any media and 
        regardless of frontiers, in accordance with article 19 
        of the Universal Declaration of Human Rights;
          (2) consonant with this policy, television 
        broadcasting to Cuba may be effective in furthering the 
        open communication of accurate information and ideas to 
        the people of Cuba and, in particular, information 
        about Cuba;
          (3) television broadcasting to Cuba, operated in a 
        manner not inconsistent with the broad foreign policy 
        of the United States and in accordance with high 
        professional standards, would be in the national 
        interest;
          (4) facilities broadcasting television programming to 
        Cuba must be operated in a manner consistent with 
        applicable regulations of the Federal Communications 
        Commission, and must not affect the quality of domestic 
        broadcast transmission or reception; and
          (5) that the Voice of America already broadcasts to 
        Cuba information that represents America, not any 
        single segment of American society, and includes a 
        balanced and comprehensive projection of significant 
        American thought and institutions, but that there is a 
        need for television broadcasts to Cuba which provide 
        news, commentary, and other information about events in 
        Cuba and elsewhere to promote the cause of freedom in 
        Cuba.

SEC. 243.\4\ TELEVISION BROADCASTING TO CUBA.

  (a) Television Broadcasting to Cuba.--In order to carry out 
the purposes set forth in section 242 and notwithstanding the 
limitation of section 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect 
to the dissemination in the United States of information 
prepared for dissemination abroad to the extent such 
dissemination is inadvertent, the Broadcasting Board of 
Governors \5\ (hereafter in this part referred to as the 
``Agency'') shall provide for the open communication of 
information and ideas through the use of television 
broadcasting to Cuba. Television broadcasting to Cuba shall 
serve as a consistently reliable and authoritative source of 
accurate, objective, and comprehensive news.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 1465bb.
    \5\ Sec. 1325(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
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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''.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
  (d) Frequency Assignment.--
          (1) Subject to the Communications Act of 1934, the 
        Federal Communications Commission shall assign by order 
        a suitable frequency to further the national interests 
        expressed in this part, except that no such assignment 
        shall result in objectionable interference with the 
        broadcasts of any domestic licensee.
          (2) No Federal branch or agency shall compel an 
        incumbent domestic licensee to change its frequency in 
        order to eliminate objectionable interference caused by 
        broadcasting of the Service.
          (3) For purposes of section 305 of the Communications 
        Act of 1934, a television broadcast station established 
        for purposes of this part shall be treated as a 
        government station, but the Federal Communications 
        Commission shall exercise the authority of the 
        President under such section to assign a frequency to 
        such station.
  (e) Interference With Domestic Broadcasting.--
          (1) Broadcasting by the Television Marti Service 
        shall be conducted in accordance with such parameters 
        as shall be prescribed by the Federal Communications 
        Commission to preclude objectionable interference with 
        the broadcasts of any domestic licensee. The Television 
        Marti Service shall be governed by the same standards 
        regarding objectionable interference as any domestic 
        licensee. The Federal Communications Commission shall 
        monitor the operations of television broadcasting to 
        Cuba pursuant to subsection (f). If, on the basis of 
        such monitoring or a complaint from any person, the 
        Federal Communications Commission determines, in its 
        discretion, that broadcasting by the Television Marti 
        Service is causing objectionable interference with the 
        transmission or reception of the broadcasts of a 
        domestic licensee, the Federal Communications 
        Commission shall direct the Television Marti Service to 
        cease broadcasting and to eliminate the objectionable 
        interference. Broadcasts by the Service shall not be 
        resumed until the Federal Communications Commission 
        finds that the objectionable interference has been 
        eliminated and should not recur.
          (2) The Federal Communications Commission shall take 
        such actions as are necessary and appropriate to assist 
        domestic licensees in overcoming the adverse effects of 
        objectionable interference caused by broadcasting by 
        the Television Marti Service. Such assistance may 
        include the authorization of nondirectional increases 
        in the effective radiated power of a domestic 
        television station so that its coverage is equivalent 
        to the maximum allowable for such facilities, to avoid 
        any adverse effect on such stations of the broadcasts 
        of the Television Marti Service.
          (3) If the Federal Communications Commission directs 
        the Television Marti Service to cease broadcasting 
        pursuant to paragraph (1), the Commission shall, as 
        soon as practicable, notify the appropriate committees 
        of Congress of such action and the reasons therefor. 
        The Federal Communications Commission shall continue to 
        notify the appropriate committees of Congress of 
        progress in eliminating the objectionable interference 
        and shall assure that Congress is fully informed about 
        the operation of the Television Marti Service.
  (f) Monitoring of Interference.--The Federal Communications 
Commission shall continually monitor and periodically report to 
the appropriate committees of the Congress interference to 
domestic broadcast licensees--
          (1) from the operation of Cuban television and radio 
        stations; and
          (2) from the operations of the television 
        broadcasting to Cuba.
  (g) Task Force.--It is the sense of the Congress that the 
President should establish a task force to analyze the level of 
interference from the operation of Cuban television and radio 
stations experienced by broadcasters in the United States and 
to seek a practical political and technical solution to this 
problem.

SEC. 244.\7\ TELEVISION MARTI SERVICE.

  (a) Television Marti Service.--There is \8\ within the Voice 
of America a Television Marti Service. The Service shall be 
responsible for all television broadcasts to Cuba authorized by 
this part. The Broadcasting Board of Governors \9\ shall 
appoint a head of the Service who shall report directly to the 
International Broadcasting Bureau.\10\ The head of the Service 
shall employ such staff as the head of the Service may need to 
carry out the duties of the Service.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1465cc. Sec. 1325(4)(A) of the Foreign Affairs 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-781) struck out ``of the united states 
information agency'' from the section catchline.
    \8\ Sec. 1325(4)(B)(i) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Director of the United States Information Agency 
shall establish'' and inserted in lieu thereof ``There is''.
    \9\ Sec. 1325(4)(B)(ii)(I) of the Foreign Affairs Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors''. The amendment was to be applied to the second sentence in 
subsec. (a); it is interpreted to be applicable to the third sentence.
    \10\ Sec. 1325(4)(B)(ii)(II) of the Foreign Affairs Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-781) struck out ``the Director of the Voice of America'' and 
inserted in lieu thereof ``the International Broadcasting Bureau''.
---------------------------------------------------------------------------
  (b) Use of Existing Facilities of the USIA.--To assure 
consistency of presentation and efficiency of operations in 
conducting the activities authorized under this part, the 
Television Marti Service shall make maximum feasible 
utilization of Board facilities \11\ and management support, 
including Voice of America: Cuba Service, Voice of America, and 
the United States International \12\ Television Service.
---------------------------------------------------------------------------
    \11\ Sec. 1325(4)(C)(i) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Agency facilities'' and inserted in lieu thereof 
``Board facilities''.
    \12\ Sec. 1325(4)(C)(ii) of the Foreign Affairs Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Information Agency'' and inserted in lieu 
thereof ``International''.
---------------------------------------------------------------------------
  (c) \13\ Authority.--The Board \14\ may carry out the 
purposes of this part by means of grants, leases, or contracts 
(subject to the availability of appropriations), or such other 
means as the Board \14\ determines will be most effective.
---------------------------------------------------------------------------
    \13\ Sec. 1325(4)(D) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``USIA'' in the subsection heading.
    \14\ Sec. 1325(3) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------

SEC. 245. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

  (a) \15\ * * *
---------------------------------------------------------------------------
    \15\ Sec. 245(a) amended sec. 5 of the Radio Broadcasting to Cuba 
Act (22 U.S.C. 1465c).
---------------------------------------------------------------------------
  (b) \16\ References.--A reference in any provision of law to 
the ``Advisory Board for Radio Broadcasting to Cuba'' shall be 
considered to be a reference to the ``Advisory Board for Cuba 
Broadcasting''.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 1465c note.
---------------------------------------------------------------------------
  (c) \16\ Continued Service of Members of Board.--Each member 
of the Advisory Board for Radio Broadcasting to Cuba as in 
existence on the day before the effective date of the amendment 
made by subsection (a) shall continue to serve for the 
remainder of the term to which such member was appointed as a 
member of the Advisory Board for Cuba Broadcasting.
  (d) \16\ Staff Director.--The Advisory Board \17\ shall have 
a staff director who shall be appointed by the Chairperson of 
the Advisory Board for Cuba Broadcasting.
---------------------------------------------------------------------------
    \17\ Sec. 1325(5) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-782) 
struck out ``Board'' and inserted in lieu thereof ``Advisory Board''.
---------------------------------------------------------------------------

SEC. 246.\18\ ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.

  In order to assist the Broadcasting Board of Governors \19\ 
in carrying out the provisions of this part, any agency or 
instrumentality of the United States may sell, loan, lease, or 
grant property (including interests therein) and may perform 
administrative and technical support and services at the 
request of the Board.\20\
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1465dd.
    \19\ Sec. 1325(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \20\ Sec. 1325(3) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------

SEC. 247.\21\ AUTHORIZATION OF APPROPRIATIONS.

  (a) \22\ Authorization of Appropriations.--In addition to 
amounts otherwise made available under section 201 for such 
purposes,\23\ there are authorized to be appropriated to the 
United States Information Agency, $16,000,000 for the fiscal 
year 1990 and $16,000,000 for the fiscal year 1991 for 
television broadcasting to Cuba in accordance with the 
provisions of this part.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1465ee.
    22 Sec. 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:
---------------------------------------------------------------------------

 ``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.
---------------------------------------------------------------------------
  (b) Limitation.--
          (1) Subject to paragraph (2), no funds authorized to 
        be appropriated under subsection (a) may be obligated 
        or expended unless the President determines and 
        notifies the appropriate committees of Congress that 
        the test of television broadcasting to Cuba (as 
        authorized by title V of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1989 (Public Law 100-459)) \24\ has 
        demonstrated television broadcasting to Cuba is 
        feasible and will not cause objectionable interference 
        with the broadcasts of incumbent domestic 
        licensees.\25\ The Federal Communications Commission 
        shall furnish to the appropriate committees of Congress 
        all interim and final reports and other appropriate 
        documentation concerning objectionable interference 
        from television broadcasting to Cuba to incumbent 
        domestic licensees.
---------------------------------------------------------------------------
    \24\ Title V of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1989 (Public 
Law 100-459; 102 Stat. 2220) provided the following:
---------------------------------------------------------------------------

``radio construction
---------------------------------------------------------------------------

    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $65,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a): Provided, 
That not to exceed $7,500,000 of these funds may be available for the 
purchase, rent, construction, improvement and equipping of facilities 
for and startup operations including a test of television broadcasting 
to Cuba: Provided further, That in conducting such startup operations 
the United States Information Agency shall use a tethered aerostat 
operated and located at Cudjoe Key Air Force Base in Key West, Florida, 
if feasible and subject to reimbursement, for both the United States 
Customs Service's drug interdiction efforts and the United States 
Information Agency's test of television broadcasting to Cuba: Provided 
further, That the Department of Defense shall provide the necessary 
military support required to support this effort to the maximum extent 
possible: Provided further, That all such television broadcasting 
activities shall be conducted for the same purposes and, to the extent 
feasible, under the same conditions, direction and controls as the 
radio broadcasting activities authorized by the Radio Broadcasting to 
Cuba Act: Provided further, That notwithstanding the preceding proviso, 
section 7 of the Radio Broadcasting to Cuba Act shall not apply to 
television broadcasting station licenses.''.
    \25\ The President determined in a memorandum to the Secretary of 
State that the test of television broadcasting to Cuba as authorized by 
Public Law 100-459 demonstrated that such broadcasting was feasible and 
would not cause objectionable interference with the broadcasts of 
incumbent domestic licenses (Presidential Determination No. 90-35 of 
August 26, 1990; 55 F.R. 38659).
---------------------------------------------------------------------------
          (2) Not less than 30 days before the President makes 
        the determination under paragraph (1), the President 
        shall submit a report to the appropriate committees of 
        the Congress which includes the findings of the test of 
        television broadcasting to Cuba. The period for the 
        test of television broadcasting may be extended until--
                  (A) the date of the determination and 
                notification by the President under paragraph 
                (1), or
                  (B) 30 days,
        whichever comes first.
  (c) \26\ Availability of Funds.--Amounts appropriated to 
carry out the purposes of this part are authorized to be 
available until expended.
---------------------------------------------------------------------------
    \26\ Sec. 232 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 703), added subsec. 
(c).
---------------------------------------------------------------------------

SEC. 248.\27\ DEFINITIONS.

  As used in this part--
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 1465ff.
---------------------------------------------------------------------------
          (1) the term ``licensee'' has the meaning provided in 
        section 3(c) of the Communications Act of 1934;
          (2) the term ``incumbent domestic licensee'' means a 
        licensee as provided in section 3(c) of the 
        Communications Act of 1934 that was broadcasting a 
        television signal as of January 1, 1989;
          (3) the term ``objectionable interference'' shall be 
        applied in the same manner as such term is applied 
        under regulations of the Federal Communications 
        Commission to other domestic broadcasters; and
          (4) the term ``appropriate committees of Congress'' 
        includes the Committee on Foreign Affairs and the 
        Committee on Energy and Commerce of the House of 
        Representatives \28\ and the Committee on Foreign 
        Relations of the Senate.
---------------------------------------------------------------------------
    \28\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Energy and Commerce of the House of 
Representatives shall be treated as referring to the Committee on 
Commerce of the House of Representatives. Sec. 1(a)(5) of that Act 
provided that references to the Committee on Foreign Affairs shall be 
treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          * * * * * * *
                   b. Radio Broadcasting to Cuba Act

Public Law 98-111 [S. 602], 97 Stat. 749, approved October 4, 1983; as 
amended by Public Law 98-411 [Department of State Appropriations, 1985; 
H.R. 5712], 98 Stat. 1545 at 1574, approved August 30, 1984; Public Law 
  101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 
  103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 
 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and 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--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1465.
---------------------------------------------------------------------------
          (1) that it is the policy of the United States to 
        support the right of the people of Cuba to seek, 
        receive, and impart information and ideas through any 
        media and regardless of frontiers, in accordance with 
        article 19 of the Universal Declaration of Human 
        Rights;
          (2) that, consonant with this policy, radio 
        broadcasting to Cuba may be effective in furthering the 
        open communication of accurate information and ideas to 
        the people of Cuba, in particular information about 
        Cuba;
          (3) that such broadcasting to Cuba, operated in a 
        manner not inconsistent with the broad foreign policy 
        of the United States and in accordance with high 
        professional standards, would be in the national 
        interest; and
          (4) that the Voice of America already broadcasts to 
        Cuba information that represents America, not any 
        single segment of American society, and includes a 
        balanced and comprehensive projection of significant 
        American thought and institutions but that there is a 
        need for broadcasts to Cuba which provide news, 
        commentary and other information about events in Cuba 
        and elsewhere to promote the cause of freedom in Cuba.

    ADDITIONAL FUNCTIONS OF THE BROADCASTING BOARD OF GOVERNORS \2\

    Sec. 3.\3\ (a) In order to carry out the objectives set 
forth in section 2, the Broadcasting Board of Governors \2\ 
(hereafter in this Act referred to as the ``Board'') \4\ shall 
provide for the open communication of information and ideas 
through the use of radio broadcasting to Cuba. Radio 
broadcasting to Cuba shall serve as a consistently reliable and 
authoritative source of accurate, objective, and comprehensive 
news.
---------------------------------------------------------------------------
    \2\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \3\ 22 U.S.C. 1465a.
    \4\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------
    (b) Radio broadcasting in accordance with subsection (a) 
shall be part of the Voice of America radio broadcasting to 
Cuba and shall be in accordance with all Voice of America 
standards to ensure the broadcast of programs which are 
objective, accurate, balanced, and which present a variety of 
views.
    (c) Radio broadcasting to Cuba authorized by this Act shall 
utilize the broadcasting facilities located at Marathon, 
Florida, and the 1180 AM frequency that were used by the Voice 
of America prior to the date of enactment of this Act. Other 
frequencies, not on the commercial Amplitude Modulation (AM) 
Band (535 kHz to 1605 kHz), may also be simultaneously 
utilized: Provided, That no frequency shall be used for radio 
broadcasts to Cuba in accordance with this Act which is not 
also used for all other Voice of America broadcasts to Cuba. 
Time leased from nongovernmental shortwave radio stations may 
be used to carry all or part of the Service programs and to 
rebroadcast Service programs: Provided, That not less than 30 
per centum of the programs broadcast or rebroadcast shall be 
regular Voice of America broadcasts with particular emphasis on 
news and programs meeting the requirements of section 503(2) of 
Public Law 80-402.
    (d) Notwithstanding subsection (c), in the event that 
broadcasts to Cuba on the 1180 AM frequency are subject to 
jamming or interference greater by 25 per centum or more than 
the average daily jamming or interference in the twelve months 
preceding September 1, 1983, the Broadcasting Board of 
Governors \5\ may lease time on commercial or noncommercial 
educational AM band radio broadcasting stations. The Federal 
Communications Commission shall determine levels of jamming and 
interference by conducting regular monitoring of the 1180 AM 
frequency. In the event that more than two hours a day of time 
is leased, not less than 30 per centum of the programing 
broadcast shall be regular Voice of America broadcasts with 
particular emphasis on news and programs meeting the 
requirements of section 503(2) of Public Law 80-402.
---------------------------------------------------------------------------
    \5\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''. Sec. 1324(3) of that Act, 
however, struck out ``the Director of the United States Information 
Agency'' and inserted in lieu thereof ``the Broadcasting Board of 
Governors'' throughout this Act. This second amendment is not 
executable because each reference to USIA is amended by the first 
amendment. It is interpreted, however, that each instance where there 
is reference to the USIA Director, that the second amendment applies.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 1465e.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

 ``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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (c) Amounts appropriated under this section are authorized 
to be made available until expended.
    Sec. 9.\27\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \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\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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'').
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3001. Sec. 422 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 457), 
provided the following:
---------------------------------------------------------------------------

``sec. 422. conference on security and cooperation in europe.
---------------------------------------------------------------------------

    ``The President is authorized to implement, for the United States, 
the provisions of Annex 1 of the Decision concerning Legal Capacity and 
Privileges and Immunities, issued by the Council of Ministers of the 
Conference on Security and Cooperation in Europe on December 1, 1993, 
in accordance with the terms of that Annex.''.
---------------------------------------------------------------------------
    Sec. 2.\2\ The Commission is authorized and directed to 
monitor the acts of the signatories which reflect compliance 
with or violation of the articles of the Final Act of the 
Conference on Security and Cooperation in Europe, with 
particular regard to the provisions relating to human rights 
and \3\ Cooperation in Humanitarian Fields. The Commission is 
further authorized and directed to monitor and encourage the 
development of programs and activities of the United States 
Government and private organizations with a view toward taking 
advantage of the provisions of the Final Act to expand East-
West economic cooperation and a greater interchange of people 
and ideas between East and West.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 3002.
    \3\ Sec. 2 of Public Law 99-7 (99 Stat. 18) inserted ``human rights 
and''.
---------------------------------------------------------------------------
    Sec. 3.\4\ (a) The Commission shall be composed of twenty-
one members as follows:
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 3004.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3006.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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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                                                                                                      deg.

                            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
 

                                    

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