[Congressional Record Volume 140, Number 7 (Wednesday, February 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
FOREIGN RELATIONS AUTHORIZATION ACT
The PRESIDING OFFICER. Under the previous order, the clerk will
report S. 1281.
The bill clerk read as follows:
A bill (S. 1281) to authorize appropriations for fiscal
years 1994 and 1995 for the Department of State, the U.S.
Information Agency, and related agencies, to provide for the
consolidation of international broadcasting activities, and
for other purposes.
The Senate resumed consideration of the bill.
Pending:
Lott-Helms Amendment No. 1315, to establish a prohibition
on security assistance for countries that consistently oppose
the United States position in the United Nations General
Assembly.
amendment no. 1315
The PRESIDING OFFICER. Under the previous order, the question occurs
on amendment 1315.
Mr. SARBANES. Mr. President, I move to table the Lott amendment, and
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
Mr. SARBANES. Mr. President, were the yeas and nays ordered on the
Lott amendment?
The PRESIDING OFFICER. The Senator is correct.
Mr. SARBANES. Then I ask for the yeas and nays on the motion to
table.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question occurs on the motion of the
Senator from Maryland to lay on the table the amendment of the Senator
from Mississippi [Mr. Lott]. On this question, the yeas and nays have
been ordered, and the clerk will call the roll.
The bill clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 66, nays 34, as follows:
[Rollcall Vote No. 17 Leg.]
YEAS--66
Akaka
Baucus
Biden
Bingaman
Bond
Boren
Boxer
Bradley
Breaux
Bryan
Bumpers
Campbell
Chafee
Coats
Conrad
Danforth
Daschle
Dodd
Dorgan
Durenberger
Feingold
Feinstein
Ford
Glenn
Graham
Gregg
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kassebaum
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
Mathews
Metzenbaum
Mikulski
Mitchell
Moseley-Braun
Moynihan
Murray
Nunn
Packwood
Pell
Pryor
Reid
Riegle
Robb
Rockefeller
Sarbanes
Sasser
Simon
Simpson
Specter
Stevens
Wellstone
Wofford
NAYS--34
Bennett
Brown
Burns
Byrd
Cochran
Cohen
Coverdell
Craig
D'Amato
DeConcini
Dole
Domenici
Exon
Faircloth
Gorton
Gramm
Grassley
Hatch
Helms
Hutchison
Kempthorne
Lott
Mack
McCain
McConnell
Murkowski
Nickles
Pressler
Roth
Shelby
Smith
Thurmond
Wallop
Warner
So the motion to lay on the table the amendment (No. 1315) was agreed
to.
Mr. KERRY. Mr. President, I move to reconsider the vote by which the
motion was agreed to.
Mr. SARBANES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. DOLE. Mr. President, prior to consideration of the State
Department authorization bill, I introduced the Peace Powers Act,
together with 12 of my colleagues, to bring greater accountability,
oversight, and U.S. interests into the peacekeeping decision-making
process.
My amendment to the State Department authorization bill was based
largely on the Peace Powers Act with the exception of the foreign
command issue, which I decided to defer. Although the Mitchell
substitute to my amendment was adopted by the Senate, I am pleased that
the Senate also adopted the majority of the provisions in my original
amendment--12 out of 15 sections--in a series of amendments to S. 1281.
I ask unanimous consent that a summary of these provisions be printed
in the Record.
There being no objection, the summary was ordered to be printed in
the Record, as follows:
Senate Action on Peace Powers Act--12 of 15 Sections Addressed in S.
1281
Congressional notification before U.N. Security Council
votes on peacekeeping (section 5 of PPA; section 167 of S.
1281, Pressler Committee amendment).
Congressional notification of assistance to the United
Nations (section 8 of PPA; section 168 of S. 1281, Pressler
Committee amendment).
Comprehensive annual peacekeeping funding request (section
9 of PPA; Dole amendment to S. 1281).
No ``raiding'' of Defense Department funds for U.N.
peacekeeping (section 12 of PPA; Dole sense of Senate
amendment to S. 1281).
Full reimbursement for Defense Department ``in-kind''
contributions (section 11 of PPA; section 170 of S. 1281,
Pressler Committee amendment).
Reduced U.S. assessment for peacekeeping to general U.N.
budget level of 25% (section 13 of PPA; Dole amendment to S.
1281).
Access for U.S. manufacturers to U.N. peacekeeping
contracts (section 14 of PPA; Dodd amendment to S. 1281).
Steps to ensure safety of Americans captured during U.N.
peacekeeping operations (section 15 of PPA; Dole amendment to
S. 1281).
Withholding 20% of U.S. peacekeeping contributions until
Inspector General appointed (section 17 of PPA; Dole-Pressler
amendment to S. 1281).
Annual report on U.S. involvement in U.N. peacekeeping
activities (section 10 of PPA; section 169 of S. 1281,
Pressler Committee amendment).
Transmittal of U.N. resolutions and reports to Congress
(section 6 of PPA; Dole amendment to S. 1281).
Purposes of Peace Powers Act (section 2; Mitchell amendment
to S. 1281).
Human rights report on U.N. peacekeeping (not in PPA; Dole
amendment to S. 1281).
Mr. DOLE. Mr. President, with respect to intelligence sharing with
the United Nations--a provision of my original amendment that I did not
pursue due to objections raised, the distinguished chairman of the
Intelligence Committee has agreed to hold hearings on this matter. As
for the matter of billings from the United Nations and U.S. payments of
assessments, Secretary Christopher has agreed to provide us with a
letter of notification process.
With bipartisan support we have made a good start--we have begun to
establish real congressional oversight of U.N. peacekeeping. I would
like to thank the managers of the State Department bill and the
distinguished majority leader for working with me and the cosponsors of
my bill to make this possible.
I know that this is not the first time this year that we will have
the opportunity to consider U.N. peacekeeping. No doubt, the issue of
U.S. forces serving under foreign command will be back for debate.
The adoption of my amendments on peacekeeping, covering a range of
matters--from funding to human rights reporting on U.N. peacekeeping
forces--demonstrate that the issue of U.N. peacekeeping is not a
partisan one.
This is not about partisanship. It is about the Congress and the
executive. It is about the relationship between the United States and
the United Nations and the role of the Congress in that relationship.
Right now there are no check and balances. The U.S. Ambassador to the
United Nations votes on a peacekeeping operation and the Congress gets
the bill. There is no formal or even informal consultation prior to
such votes in the Security Council.
But, this is not just about funding, this is about policy: Namely
whether and to what extent the United States should subcontract its
policies to the U.N. Security Council--which does not necessarily
reflect U.S. interests or values. And, the wisdom of granting authority
for military operations to Boutros Boutros-Ghali as has been done on
the matter of air strikes over Bosnia.
Yesterday's New York Times editorial commenting on my amendment was
wrong on the facts--I suggest that next time the editors read my
amendment before they pick up their pens. It was also dead wrong on the
argument that congressional initiatives which seek to assert control
over U.N. peacekeeping limit U.S. options to either unilateral action
or no action.
Let me say once again, this legislation only limits U.N.
peacekeeping--not operations pursuant to U.N. Security Council
decisions, such as Desert Storm, not NATO operations, and not other
multilateral operations.
To date the successes of U.N. peacekeeping--if we can call them
that--have been few and far between. In Bosnia, U.N. peacekeepers count
artillery shells falling on Sarajevo and escort, but do not protect,
humanitarian aid convoys. Even Cambodia, which has been anointed as the
exemplary U.N. peacekeeping operation, is marred by human rights
violations on the part of peacekeepers, corruption, and mismanagement.
Mr. President, while a U.N. force made up of a smorgasbord of
military units from all over the globe may be able to handle the
maintenance of a ceasefire in some parts of the world, they have been
largely incapable of handling complex operations, such as in Bosnia.
With the exception of NATO countries, few military forces have a
similar level of military and civic training and equipment as those of
the United States. Thus, the wisdom of the United States partaking in
these U.N. peacekeeping operations must be debated thoroughly.
The administration is reported to be completing its Presidential
review of U.N. peacekeeping and will be briefing the Congress in a week
or two--I guess they have to finish briefing the editors of the New
York Times first.
I look forward to hearing what the administration's proposals are and
working on with the majority leader and the relevant committees on this
matter further in the coming months. I hope that we will be able to
construct a lasting framework for the difficult issues of war and peace
in a manner, consistent with the respective powers of the Executive and
the Congress.
We will no doubt differ on issues, such as when and how much to turn
to the United Nations, how best to lead our allies, and when to act
alone, if necessary. Nevertheless, I will be pleased to work together
to establish a consensus on this critical issue.
Mr. DOMENICI. Mr. President, the bill we will pass contains two
provisions on which Senator Hollings and I took the lead in the
Commerce, Justice, State, and judiciary appropriations bill, and they
have to do with very important aspects of the U.N. activities. The
reason I say they are important is because I am concerned that we are
going to wake up one day and find that there are scandals with regard
to how the United Nations is spending its money, and the American
people who want now to support the United Nations because we make a
real difference in the world order today are going to say we should
not.
These scandals are right on the horizon and everybody knows about
them, with reference to how they contract, with reference to even some
fraud and scandalous activities in who gets paid for some of these very
difficult security missions, and how the United Nations goes about
contracting.
So we started in our appropriations bill some very big pressure on
the United Nations to get control over their budgets and fiscal policy.
We in the United States have inspectors general. Maybe they can come up
with something better.
But in the 1994 appropriations bill, we have withheld almost $30
million, 10 percent of that which goes to the United Nations under our
assessment, unless and until they get an inspector general-type process
in place and in effect.
I compliment the managers and Senator Dole and Senator Pressler for
including in permanent law, in this bill, 20 percent withholding of
assessments to the United Nations until they have something like an
inspector general system. This could help prevent the scandals that are
about to open up with reference to their activities, which will indeed
affect whether America will support the United Nations or not.
Second, in that same appropriations bill, we decided that the
American business sector was not being treated properly in terms of
contracts that were being let for procurements for peacekeeping
efforts. As a matter of fact, we had a lot of evidence that they were
being discriminated against, if not shut off from having access to
selling under procurement contracts to the United Nations. We made it a
mandate that they do that, and again the authorization bill adopted
those provisions.
I compliment the managers and Senator Dole and Senator Pressler for
including that in their overall amendment, because we do need to have a
fair shake for our business people in terms of what the United Nations
buys from companies to carry out its business, much of which is at our
initiative and with our cooperation.
The PRESIDING OFFICER. Under the previous order, the question is on
the engrossment and third reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Under the previous order, the Foreign
Relations Committee is discharged from further consideration of H.R.
2333, and the Senate will proceed to its immediate consideration.
The clerk will report.
The bill clerk read as follows:
A bill (H.R. 2333) to authorize appropriations for the
Department of State, the United States Information Agency,
and related agencies, to authorize appropriations for foreign
assistance programs, and for other purposes.
The PRESIDING OFFICER. Under the previous order, all after the
enacting clause of H.R. 2333 is stricken and the text of S. 1281, as
amended, is inserted in lieu thereof.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The question is on the passage of H.R. 2333.
Mr. KERRY. Have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. KERRY. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The bill having been read a third time, the
question is, Shall the bill pass? The yeas and nays have been ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 92, nays 8, as follows:
[Rollcall Vote No. 18 Leg.]
YEAS--92
Akaka
Baucus
Bennett
Biden
Bingaman
Bond
Boren
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Coverdell
D'Amato
Danforth
Daschle
DeConcini
Dodd
Dole
Domenici
Durenberger
Exon
Feingold
Feinstein
Ford
Glenn
Gorton
Graham
Gramm
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inouye
Jeffords
Johnston
Kassebaum
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
Mack
Mathews
McCain
McConnell
Metzenbaum
Mikulski
Mitchell
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Packwood
Pell
Pressler
Pryor
Reid
Riegle
Robb
Rockefeller
Roth
Sarbanes
Sasser
Shelby
Simon
Simpson
Specter
Stevens
Thurmond
Warner
Wellstone
Wofford
NAYS--8
Conrad
Craig
Dorgan
Faircloth
Kempthorne
Lott
Smith
Wallop
So the bill (H.R. 2333), as amended, was passed, as follows:
H.R. 2333
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--DEPARTMENT OF STATE
Part A--Authorization of Appropriations
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations, programs, and conferences.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Other programs.
Part B--Authorities and Activities
Sec. 111. Authorized strength of the Foreign Service.
Sec. 112. Transfers and reprogrammings.
Sec. 113. Child care facilities at certain posts abroad.
Sec. 114. Expenses relating to certain international claims and
proceedings.
Sec. 115. Prohibition on discriminatory contracts.
Sec. 116. Emergencies in the Diplomatic and Consular Service.
Sec. 117. Consular authorities.
Sec. 118. Visas.
Sec. 119. Role of the Foreign Service Institute.
Sec. 120. Report on consolidation of administrative operations.
Sec. 121. Local guard contracts abroad.
Sec. 122. Annual country reports on terrorism.
Sec. 123. Rewards for information regarding acts of international
terrorism within the United States.
Sec. 124. Property agreements.
Sec. 125. Capital Investment Fund.
Sec. 126. Technical amendment.
Part C--Department of State Organization
Sec. 131. Under Secretary and Assistant Secretary positions.
Sec. 132. Redesignation of position as Assistant Secretary for
Democracy, Human Rights, and Labor.
Sec. 133. Redesignation of position as Assistant Secretary for
Narcotics, Terrorism, and Crime.
Sec. 134. Administrative expenses for narcotics, terrorism, and crime.
Sec. 135. Coordinator for international communications and information
policy.
Sec. 136. Refugee affairs.
Sec. 137. Women's human rights protection.
Sec. 138. Repeals.
Part D--Personnel
Sec. 141. Labor-management relations.
Sec. 142. Waiver of limitation for certain claims for personal property
damage or loss.
Sec. 143. Salaries of chiefs of mission.
Sec. 144. Senior Foreign Service performance pay.
Sec. 145. Reassignment and retirement of former Presidential
appointees.
Sec. 146. Report on classification of Senior Foreign Service positions.
Sec. 147. Allowances.
Sec. 148. Inapplicability of rollover authority for certain allowances
and other payments.
Sec. 149. Grievances.
Sec. 150. Mid-Level Women and Minority Placement Program.
Sec. 151. Employment assistance referral system for certain Department
of State employees.
Sec. 152. Foreign language competence within the Foreign Service.
Sec. 153. Designation of Foreign Language Resources Coordinator.
Sec. 154. Foreign Language Translator and Interpreter Career Service
Program.
Sec. 155. Assignment of Foreign Service officers with advanced
proficiency in foreign languages.
Part E--International Organizations
SUBPART A--UNITED NATIONS AND RELATED AGENCIES
Sec. 161. Limitation on contributions to the United Nations and
affiliated organizations.
Sec. 162. United Nations Security Council membership.
Sec. 163. Reforms in the World Health Organization.
Sec. 164. Reforms in the Food and Agriculture Organization.
Sec. 165. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 166. United Nations budgetary and management reform.
Sec. 167. American participation in management of United Nations.
Sec. 168. Policy with respect to the establishment of an international
criminal court.
Sec. 169. International criminal court participation.
Sec. 170. Protection of First and Fourth Amendment rights.
Sec. 170A. Japan and Germany becoming permanent members of the United
Nations Security Council.
Sec. 170B. Transmittals of United Nations documents.
Sec. 170C. Limitations on United States funding of United Nations
peacekeeping activities.
Sec. 170D. United Nations peacekeeping budgetary and management reform.
Sec. 170E. Reporting requirements involving multilateral peacekeeping
activities.
SUBPART B--OTHER INTERNATIONAL ORGANIZATIONS
Sec. 171. International Boundary and Water Commission.
Sec. 172. United States membership in the Asian-Pacific Economic
Cooperation Organization.
Sec. 173. Extension of the International Organizations Immunities Act
to the International Union for Conservation of Nature and
Natural Resources.
Sec. 174. Inter-American organizations.
Sec. 175. Prohibition on contributions to the International Coffee
Organization.
Sec. 176. Prohibition on contributions to the International Jute
Organization.
Part F--Other State Department-Related Provisions
Sec. 181. Migration and refugee amendments.
Sec. 182. United States policy concerning overseas assistance to
refugees and displaced persons.
Sec. 183. Interparliamentary exchanges.
Sec. 184. Report on terrorist assets in the United States.
Sec. 185. Coordination of counterterrorism activities.
Sec. 186. Facilitating access to the Department of State building.
Sec. 187. Record of place of birth for Taiwanese-Americans.
Sec. 188. Repeal of reporting requirements.
Sec. 189. Sense of the Senate.
Sec. 190. Value of contracted goods and services.
Sec. 191. Budget justification for security costs.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Part A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Part B--USIA and Related Agencies Authorities and Activities
Sec. 211. Changes in administrative authorities.
Sec. 212. Buying power maintenance account.
Sec. 213. Contract authority.
Sec. 214. Prohibition on discriminatory contracts.
Sec. 215. United States transmitter in Kuwait.
Sec. 216. Separate ledger accounts for grantees of the National
Endowment for Democracy.
Sec. 217. Limitation concerning participation in international
expositions.
Sec. 218. Authority to respond to public inquiries.
Sec. 219. USIA office in Lhasa, Tibet.
Sec. 220. Reports on United States Government exchange programs.
Sec. 221. Scholarships for East Timorese students.
Sec. 222. Cambodian scholarship and exchange programs.
Sec. 223. Increasing African participation in USIA exchange programs.
Sec. 224. Environment and Sustainable Development Exchange Program.
Sec. 225. USIA vocational exchange program.
Sec. 226. American studies collections.
Sec. 227. Technical amendment relating to Near and Middle East research
and training.
Sec. 228. Distribution within the United States of United States
Information Agency documentary film entitled ``Crimes
Against Humanity''.
Sec. 229. Reduction in force authority with regard to the Foreign
Service.
Sec. 230. International exchange programs involving disability-related
matters.
Part C--Mike Mansfield Fellowships
Sec. 231. Short title.
Sec. 232. Establishment of Mike Mansfield Fellowship Program.
Sec. 233. Program requirements.
Sec. 234. Separation of Government personnel during the fellowships.
Sec. 235. Program review and report.
Sec. 236. Definitions.
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994
Sec. 301. Short title.
Sec. 302. Congressional findings and declaration of purposes.
Sec. 303. Establishment of Broadcasting Board of Governors.
Sec. 304. Functions of the Board.
Sec. 305. Foreign policy guidance.
Sec. 306. International Broadcasting Bureau.
Sec. 307. Grants for Radio Free Europe, Radio Liberty, and Radio Free
Asia.
Sec. 308. Radio Free Asia.
Sec. 309. Radio Free Europe and Radio Liberty.
Sec. 310. Transition.
Sec. 311. Preservation of American jobs.
Sec. 312. Privatization of Radio Free Europe and Radio Liberty.
Sec. 313. Definitions.
TITLE IV--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Findings.
Sec. 404. Functions of the Commission.
Sec. 405. Composition of the Commission.
Sec. 406. Powers of the Commission.
Sec. 407. Staff of the Commission.
Sec. 408. Final report of Commission; termination.
TITLE V--SPOILS OF WAR ACT OF 1993
Sec. 501. Short title.
Sec. 502. Transfers of spoils of war.
Sec. 503. Prohibition on transfers to countries which support
terrorism.
Sec. 504. Report on previous transfers.
Sec. 505. Definitions.
Sec. 506. Construction.
TITLE VI--THE KHMER ROUGE PROSECUTION AND EXCLUSION ACT
Sec. 601. Short title.
Sec. 602. Policy.
Sec. 603. Establishment of State Department office.
Sec. 604. Reporting requirement.
Sec. 605. Exclusion from the United States.
TITLE VII--MISCELLANEOUS
Sec. 701. Peace Corps.
Sec. 702. Reporting requirements on occupied Tibet.
Sec. 703. Policy on Middle East arms sales.
Sec. 704. Providing material support to terrorists.
Sec. 705. Torture convention implementation.
Sec. 706. Applicability of Taiwan Relations Act.
Sec. 707. Reports on relations with Taiwan.
Sec. 708. United States policy concerning Iraqi Kurdistan.
Sec. 709. Additional sanctions against North Korea.
Sec. 710. Waiver of sanctions with respect to the Republic of Serbia
and the Republic of Montenegro to promote democracy
abroad.
Sec. 711. Claims based on letters of credit for goods shipped but not
paid for before imposition of national emergency.
Sec. 712. Enforcement of nonproliferation treaties.
Sec. 713. Sense of Senate on the peace process in Northern Ireland.
Sec. 714. Control of reexports to terrorist countries.
Sec. 715. Reports under the Arms Export Control Act.
Sec. 716. Prohibition on third party incentive payments under the Arms
Export Control Act.
Sec. 717. Sense of Senate on United States policy on nuclear weapons
proliferation by North Korea.
Sec. 718. Sense of Senate on normalization of relations with Vietnam.
Sec. 719. Study of democracy program effectiveness.
Sec. 720. High-level visits to Taiwan.
Sec. 721. Feedom of Information exemption for certain Open Skies Treaty
data.
Sec. 722. Transfer of certain obsolete or surplus defense articles in
the war reserve allies stockpile to the Republic of
Korea.
Sec. 723. Pilot visa waiver project for Koreans visiting Alaska and
Hawaii.
Sec. 724. European nations participation in NATO.
Sec. 725. Policy on termination of United States arms embargo.
Sec. 726. Policy on preparing to reintroduce of tactical nuclear
weapons to the Korean peninsula.
Sec. 727. Asylum reforms.
Sec. 728. Amendments to the PLO Commitments Compliance Act.
Sec. 729. Safety of United States personnel in Sarajevo.
Sec. 730. Notification of Congress on certain events involving the
MTCR.
Sec. 731. Extension of the Fair Trade in Auto Parts Act of 1988.
Sec. 732. Report on the activities of the People's Mujaheddin of Iran.
Sec. 733. Reimbursement of State and local governments.
Sec. 734. Restoration of withheld benefits.
Sec. 735. Report on the use of foreign frozen or blocked assets.
Sec. 736. Foreign policy.
Sec. 737. Passport security.
Sec. 738. Publishing international agreements.
Sec. 739. Conference on Security and Cooperation in Europe.
Sec. 740. Agreement on State and local taxation.
Sec. 741. Fees for commercial services.
Sec. 742. Personal services contracts abroad.
Sec. 743. United States membership in the International Copper Study
Group.
Sec. 744. Prohibition on assistance to countries expropriating United
States property.
Sec. 745. Israel's diplomatic status.
Sec. 746. Policy regarding German participation in international
peacekeeping operations.
Sec. 747. United States citizens hired abroad.
Sec. 748. Extension of certain adjudication provisions.
Sec. 749. Policy regarding the North Korean nuclear weapons program.
Sec. 750. Report on Russian military operations in the independent
states of the former Soviet Union.
Sec. 751. Report on Bosnian refugees.
Sec. 752. 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.
Sec. 753. Implementation of Partnership for Peace.
Sec. 754. Funding for democracy promotion programs.
Sec. 755. Humanitarian activities.
Sec. 756. Limitation on authority to transfer excess defense articles.
Sec. 757. Missile technology exports to certain middle eastern and
Asian countries.
Sec. 758. Chinese fleeing coercive population control policies.
Sec. 759. Opposition to financing by international financial
institutions for countries expropriating United States
property.
Sec. 760. Report on dismantlement of nuclear weapons of the former
Soviet Union.
Sec. 761. Report on sanctions on Vietnam.
Sec. 762. Coordinator for counter-terrorism.
Sec. 763. Policy regarding the relationship of Thailand with its
neighbors struggling for democracy, Cambodia and Burma.
Sec. 764. Sewage treatment along the United States-Mexico border.
TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
Sec. 801. Short title; references in title; table of contents.
Sec. 802. Congressional declarations; purpose.
Sec. 803. Purposes.
Sec. 804. Repeals.
Sec. 805. Director.
Sec. 806. Bureaus, offices, and divisions.
Sec. 807. Presidential special representatives.
Sec. 808. Policy formulation.
Sec. 809. Negotiation management.
Sec. 810. Report on measures to coordinate research and development.
Sec. 811. Negotiating records.
Sec. 812. Verification of compliance.
Sec. 813. Authorities with respect to nonproliferation matters.
Sec. 814. Appointment and compensation of personnel.
Sec. 815. Security requirements.
Sec. 816. Annual report to Congress; authorization of appropriations.
Sec. 817. Conforming amendments.
TITLE IX--ANTI-ECONOMIC DISCRIMINATION ACT OF 1994
Sec. 901. Short title.
Sec. 902. Congressional findings.
Sec. 903. Prohibition on certain sales and leases.
TITLE X--MIDDLE EAST PEACE FACILITATION.
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Authority to suspend certain provisions.
TITLE XI--IRAN-IRAQ ARMS NON-PROLIFERATION AMENDMENTS OF 1994
Sec. 1101. Short title, references in title.
Sec. 1102. Statement of policy.
Sec. 1103. Statement of purpose.
Sec. 1104. Sanctions against persons.
Sec. 1105. Sanctions against certain foreign countries.
Sec. 1106. Waiver.
Sec. 1107. Termination of sanctions.
Sec. 1108. Stay of sanctions.
Sec. 1109. Rules and regulations.
Sec. 1110. Definitions.
Sec. 1111. Sense of the Senate.
TITLE XII--IMMIGRATION AND NATIONALITY ACT
Sec. 1201. Alien physically present in United States.
Sec. 1202. Alien visa.
TITLE XIII--NUCLEAR PROLIFERATION PREVENTION ACT OF 1994
Sec. 1301. Short title.
Subtitle A--Reporting on Nuclear Exports
Sec. 1311. Reports to Congress.
Subtitle B--Sanction for Nuclear Proliferation
Sec. 1321. Imposition of sanction.
Sec. 1322. Eligibility for assistance.
Sec. 1323. Role of international financial institutions.
Sec. 1324. Amendments to the Federal Deposit Insurance Corporation
Improvement Act of 1991.
Sec. 1325. Export-Import Bank.
Sec. 1326. Amendment to the Arms Export Control Act.
Sec. 1327. Reward.
Sec. 1328. Reports.
Sec. 1329. Technical correction.
Sec. 1330. Definitions.
Sec. 1331. Effective date.
Subtitle C--International Atomic Energy Agency
Sec. 1341. Bilateral and multilateral initiatives.
Sec. 1342. IAEA internal reforms.
Sec. 1343. Reporting requirement.
Sec. 1344. Definitions.
TITLE XIV--CROATIA
Sec. 1401. Findings.
Sec. 1402. Policy towards Croatia.
TITLE XV--UNITED STATES PARTICIPATION IN UNITED NATIONS PEACEKEEPING
OPERATIONS
Sec. 1501. Cost assessment report regarding any United States
participation in action under Article 42 of the United
Nations Charter
Sec. 1502. Congressional notification regarding any United States
implementation of Article 43 of the United Nations
Charter.
Sec. 1503. Report on United Nations peacekeeping activities.
Sec. 1504. United States participation in United Nations peacekeeping
operations.
TITLE I--DEPARTMENT OF STATE
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) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State
$1,658,184,000 for the fiscal year 1994 and $1,658,184,000
for the fiscal year 1995.
(2) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $455,816,000 for the fiscal year
1994 and $455,816,000 for the fiscal year 1995.
(3) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$294,850,000 for the fiscal year 1994 and $294,850,000 for
the fiscal year 1995.
(4) Buying power maintenance fund.--For ``Buying Power
Maintenance Fund'', $4,000,000 for the fiscal year 1994 and
$4,000,000 for the fiscal year 1995.
(5) Representation allowances.--For ``Representation
Allowances'', $4,881,000 for the fiscal year 1994 and
$4,881,000 for the fiscal year 1995.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$8,000,000 for the fiscal 1994 and $8,000,000 for the fiscal
year 1995.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $24,055,000 for the fiscal year 1994 and
$24,055,000 for the fiscal year 1995.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,484,000
for the fiscal year 1994 and $15,484,000 for the fiscal year
1995.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,814,000
for the fiscal year 1994 and $10,814,000 for the fiscal year
1995.
(10) Repatriation loans.--For ``Repatriation Loans'',
$817,000 for the fiscal year 1994 and $817,000 for the fiscal
year 1995, for administrative expenses.
(b) Limitations.--(1) Of the amounts authorized to be
appropriated for ``Diplomatic and Consular Programs'' under
subsection (a)(1)--
(A) $10,000,000 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; and
(B) $500,000 is authorized to be appropriated for each of
the fiscal years 1994 and 1995 to carry out the activities of
the Office of Cambodian Genocide Investigations established
under section 603 of this Act.
(2) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2), $300,000
is authorized to be appropriated for the fiscal year 1994 and
$300,000 for the fiscal year 1995 for the Foreign Language
Translator and Interpreter Career Service Program established
by section 157.
(3) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2), $950,000
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 IV of this Act.
(4) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2), $300,000
for each of the fiscal years 1994 and 1995 is authorized to
be available for the recruitment by the Department of State
of Hispanic American students from United States institutions
of higher education (as defined in section 1201(a) of the
Higher Education Act of 1965) with a high percentage
enrollment of Hispanic Americans for the purpose of training
such individuals for careers in the Foreign Service and
international affairs.
SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND
CONFERENCES.
(a) 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 $1,000,053,000 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.
(b) Withholding of Funds.--Notwithstanding any other
provision of law, the funds authorized to be appropriated for
``Contributions for International Organizations'' shall be
reduced in the amount of $118,875,000 for each fiscal years
1994 and 1995, and for each year thereafter, unless the
President has certified to the Speaker of the House of
Representatives and to the President of the Senate that no
United Nations agency or United Nations-affiliated agency
grants any official status, accreditation, or recognition to
any organization which promotes, condones, or seeks the
legalization of pedophilia, or which includes as a subsidiary
or member any such organization.
(c) Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$422,744,000 for the fiscal year 1994 and $487,472,000 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.
(d) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences
and Contingencies'', $6,600,000 for the fiscal year 1994 and
$6,600,000 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.
(e) 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.
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) for ``Salaries and Expenses'' $11,330,000 for the
fiscal year 1994 and $11,300,000 for the fiscal year 1995;
and
(B) for ``Construction'' $14,790,000 for the fiscal year
1994 and $17,790,000 for the fiscal year 1995.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $760,000 for the fiscal year 1994 and
$760,000 for the fiscal year 1995.
(3) International joint commission.--For ``International
Joint Commission'', $3,643,000 for the fiscal year 1994 and
$3,643,000 for the fiscal year 1995.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $16,200,000 for the
fiscal year 1994 and $14,200,000 for the fiscal year 1995.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1)(A) There are authorized to be appropriated for
``Migration and Refugee Assistance'' for authorized
activities, $585,688,000 for the fiscal year 1994 and
$585,688,000 for the fiscal year 1995.
(B) Of the amounts authorized to be appropriated under
subparagraph (A), $1,500,000 is authorized to be appropriated
for each of the fiscal years 1994 and 1995 for humanitarian
assistance, including, but not limited to, food, medicine,
clothing, medical and vocational training to Burmese,
including persons still within Burma, displaced as a result
of civil conflict.
(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.
(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) United states bilateral science and technology
agreements.--For ``United States Bilateral Science and
Technology Agreements'', $4,500,000 for the fiscal year 1994
and $4,500,000 for the fiscal year 1995.
(2) Asia foundation.--For ``Asia Foundation'', $18,693,000
for the fiscal year 1994 and $18,693,000 for the fiscal year
1995.
PART B--AUTHORITIES AND ACTIVITIES
SEC. 111. 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; and
(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.
(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; and
(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.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning
of such term under section 103 of the Foreign Service Act of
1980 (22 U.S.C 3903), except that such term does not
include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary
separation in cases in which such separation has been
suspended pursuant to section 1106(8) of the Foreign Service
Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the
Secretary of State and the Director of the United States
Information Agency may waive any limitation under subsection
(a) or (b) which applies to the Department of State or the
United States Information Agency, as the case may be, to the
extent that such waiver is necessary to carry on the foreign
affairs functions of the United States.
(2) Not less than 15 days before any agency head implements
a waiver under paragraph (1), such agency head shall notify
the Chairman of the Committee on Foreign Relations of the
Senate and the Speaker of the House of Representatives. Such
notice shall include an explanation of the circumstances and
necessity for such waiver.
SEC. 112. TRANSFERS AND REPROGRAMMINGS.
(a) Amendments to the State Department Basic Authorities
Act of 1956.--Section 24 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696) is amended--
(1) in subsection (b)(7), by striking subparagraph (E);
(2) in subsection (d)(1)--
(A) by striking ``the second'' and inserting ``either'';
and
(B) by striking ``such second'' and inserting ``such'';
(3) in subsection (d)(2) by amending the first sentence to
read as follows: ``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.''; and
(4) by striking subsection (d)(4).
(b) Diplomatic Construction Program.--Section 401 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851) is amended by striking subsections (c) and
(h)(3).
(c) Reprogramming.--Section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended in
subsection (a)(7) by striking ``$500,000'' and inserting
``$1,000,000''.
SEC. 113. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.
Section 31 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2703) is amended in subsection (e) by
striking ``For the fiscal years 1992 and 1993, the'' and
inserting ``The''.
SEC. 114. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.
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 subsections:
``(c) 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 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.
``(d) 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).''.
SEC. 115. 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))--
(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) 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.
(c) 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.
SEC. 116. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.
Section 4(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2671(c)) is amended by striking ``and the
Foreign Service'' and by striking ``an annual confidential''
and inserting ``a periodic''.
SEC. 117. CONSULAR AUTHORITIES.
(a) Persons Authorized To Issue Passports Abroad.--The Act
entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926
(44 Stat. 887, 22 U.S.C. 211a), is amended by striking ``by
diplomatic representatives of the United States, and by such
consul generals, consuls, or vice consuls when in charge,''
and inserting ``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,''.
(b) Notarial Authority.--Section 7 of the Act entitled ``An
Act to provide for the reorganization of the consular service
of the United States'', approved April 5, 1906 (34 Stat. 100;
22 U.S.C. 4221), is amended by adding at the end the
following new sentence: ``Pursuant to such regulations as the
Secretary of State may prescribe, the Secretary may designate
any other employee of the Department of State who is a
citizen of the United States to perform any notarial function
authorized to be performed by a consular officer of the
United States under this Act.''.
SEC. 118. VISAS.
(a) Surcharge for Processing Certain Visas.--(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 subsection (a)
shall be deposited in the general fund of the Treasury and
available to the Department of State, subject to amounts
provided in advance in appropriations Acts, to recover the
costs of providing consular services, which shall include the
payment of any fees for access to the criminal history
records of the Federal Bureau of Investigation for processing
visa applications and making immigration eligibility
determinations. Such fees shall remain available for
obligation until expended.
(3) For fiscal years 1994 and 1995, fees deposited under
the authority of paragraph (2) may not exceed a total of
$107,500,000.
(4) The provisions of the Act of August 18, 1856 (Revised
Statutes 1726-28; 22 U.S.C. 2212-14), concerning accounting
for consular fees shall not apply to fees collected under
this subsection.
(5) No fee or surcharge authorized under subsection (a)(1)
may be charged to a national of a country that is a signatory
to the North American Free Trade Agreement.
(b) Automated Visa Lookout System.--Not later than 24
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.
(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 loss of life or property in the United
States, the Secretary of State shall convene an
Accountability Review Board under the authority of title III
of the Omnibus Diplomatic Security and Antiterrorism Act of
1986.
SEC. 119. ROLE OF THE FOREIGN SERVICE INSTITUTE.
Chapter 7 of the Foreign Service Act of 1980 is amended--
(1) in the chapter title, by striking ``Foreign Service
Institute,'';
(2) in section 701 (22 U.S.C. 4021)--
(A) by striking the section title and inserting
``Institution for Training.'';
(B) in subsection 701(a)--
(i) by striking ``the Foreign Service Institute
(hereinafter in this chapter referred to as the
`Institute')'' and inserting ``an institution or center for
training (hereinafter in this chapter referred to as the
`institution')''; and
(ii) by striking ``Institute'' and inserting
``institution'';
(C) by adding at the end the following new subsection:
``(d)(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.
``(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) Training should be made available in the first
instance to officials from newly emerging democratic nations,
and then to other nations as deemed to be in the national
interest of the United States.
``(4) The authorities of section 704 shall apply to
training and instruction provided under this section.'';
(3) in subsection 701(b) and sections 702, 704, 705, and
707, by striking ``Foreign Service Institute'' and
``Institute'' wherever they appear and inserting
``institution''.
SEC. 120. 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 and the Administrator
of the Agency for International Development, shall submit to
the Chairman of the Committee on Foreign Relations of the
Senate and to the Speaker of the House of Representatives a
report concerning the feasibility of consolidating domestic
administrative operations for the Department of State, the
United States Information Agency, and the Agency for
International Development. Such report shall include specific
recommendations for implementation of such consolidation.
SEC. 121. LOCAL GUARD CONTRACTS ABROAD.
Section 136(c) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246) is amended--
(1) in paragraph (2), by striking ``due to their distance
from the post'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) absent compelling reasons, award such contracts
through the competitive process;
``(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;
``(4) allow all solicitations to be bid in United States
dollars;
``(5) ensure that contracts awarded to United States firms
are paid in United States dollars; and
``(6) ensure that United States diplomatic and consular
posts assist United States firms in obtaining local licenses
and permits.''.
SEC. 122. ANNUAL COUNTRY REPORTS ON TERRORISM.
Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended in
subsection (b)(2)--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) efforts by the United States to eliminate
international financial support provided to those groups
directly or provided in support of their activities.''.
SEC. 123. REWARDS FOR INFORMATION REGARDING ACTS OF
INTERNATIONAL TERRORISM WITHIN THE UNITED
STATES.
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended--
(1) in subsection (b)(1)(A), by striking ``and is primarily
outside the territorial jurisdiction of the United States'';
and
(2) in subsection (i)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) 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
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 effect the conduct of a government by
assassination or kidnapping; and
``(C) 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.''.
SEC. 124. 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 (22 U.S.C.
292), the Department shall account for such transactions in
accordance with fiscal year obligations.
SEC. 125. CAPITAL INVESTMENT FUND.
(a) Establishment.--There is established within the
Department of State a Capital Investment Fund to provide for
the procurement 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.
(b) Funding.--Funds otherwise available for the purposes of
subsection (a) may be deposited in such Fund.
(c) Availability.--Amounts deposited into the Fund are
authorized to remain available until expended.
(d) Expenditures From the Fund.--Amounts deposited in the
Fund shall be available for expenditure to procure capital
equipment and information technology.
(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.
SEC. 126. TECHNICAL AMENDMENT.
Section 2 of the State Department Basic Authorities Act of
1956 is amended by striking ``(l) pay'' and inserting ``(m)
pay''.
PART C--DEPARTMENT OF STATE ORGANIZATION
SEC. 131. UNDER SECRETARY AND ASSISTANT SECRETARY POSITIONS.
(a) Numbers of Under Secretaries and Assistant
Secretaries.--Section 1 of the Act of May 26, 1949, as
amended (22 U.S.C. 2652), is further amended by striking
everything after ``Deputy Secretary of State'' and inserting
in lieu thereof ``and not more than 5 Under Secretaries of
State and not more than 20 Assistant Secretaries of State.''.
(b) Other Senior Officials.--In addition to such other
officials of the Department of State who are authorized to be
compensated at level IV of the Executive Schedule of section
5315 of title 5, United States Code, not more than 4 other
officers of the Department of State are authorized to be
compensated at such level, and shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Conforming Amendments.--(1) Section 9(a) of the
Department of State Appropriations Authorization Act of 1973
(22 U.S.C. 2655a) is amended--
(A) by striking ``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 inserting in lieu
thereof ``There''; and
(B) by inserting before the period at the end of the
subsection ``and for such other related duties as the
Secretary may from time to time designate''.
(2) Section 122(a) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended
by striking ``, which is in addition to the positions
provided under the first section of the Act of May 26, 1949
(22 U.S.C. 2652)''.
(3) Section 5314 of title 5, United States Code, is amended
by striking:
``Under Secretary of State for Political Affairs and Under
Secretary of State for Economic and Agricultural Affairs and
an Under Secretary of State for Coordinating Security
Assistance Programs and Under Secretary of State for
Management.
``Counselor of the Department of State.''
and inserting in lieu thereof:
``Under Secretaries of State (5).''.
(4) Section 5315 of title 5, United States Code, is amended
by striking:
``Assistant Secretary for Oceans and International
Environmental and Scientific Affairs, Department of State.'',
``Assistant Secretary for International Narcotics Matters,
Department of State.'',
``Assistant Secretary for South Asian Affairs, Department
of State.'',
``Legal Adviser of the Department of State.'', and
``Chief of Protocol, Department of State.''.
(5) Section 5315 of title 5, United States Code, as
amended, is further amended by striking:
``Assistant Secretaries of State (15)''
and inserting in lieu thereof:
``Assistant Secretaries of State (20) and 4 other officers
of the Department of State appointed by the President, by and
with the advice and consent of the Senate.''.
(d) Office of Counselor; Legal Adviser.--(1) The Act
entitled ``An Act to create the Office of Counselor of the
United States'' (May 18, 1937; Public Law 75-91; 22 U.S.C.
2655) is repealed.
(2) Section 30 of the Act entitled ``An Act for the
reorganization and improvement of the Foreign Service of the
United States and for other purposes'' (May 24, 1924; Public
Law 68-135; 22 U.S.C. 2654) is repealed.
(e) Assumption of Duties.--The individual holding the
Office of Counselor on the date of enactment of this Act
shall assume the duties of an Under Secretary of State for
Global Affairs and shall not be required to be reappointed by
reason of the enactment of this section.
SEC. 132. REDESIGNATION OF POSITION AS ASSISTANT SECRETARY
FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.
(a) Redesignation of Position.--The Foreign Assistance Act
of 1961 is amended--
(1) in section 116(c) (22 U.S.C. 2151n), by striking
``Assistant Secretary for Human Rights and Humanitarian
Affairs'' and inserting ``Assistant Secretary of State for
Democracy, Human Rights, and Labor'';
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A))
by striking ``Human Rights and Humanitarian Affairs'' each
place it appears and inserting ``Democracy, Human Rights, and
Labor'';
(3) in subsection 573(c) by striking ``Human Rights and
Humanitarian Affairs'' and inserting ``Democracy, Human
Rights, and Labor''; and
(4) in section 624(f) (22 U.S.C. 2384(f))--
(A) by striking ``Human Rights and Humanitarian Affairs''
each place it appears and inserting ``Democracy, Human
Rights, and Labor'';
(B) by striking ``refugees, prisoners of war,'' each place
it appears and inserting ``prisoners of war''; and
(C) in paragraph (1), by inserting before the period at the
end of the first sentence ``, and such other related duties
as the Secretary may from time to time designate''.
(b) Conforming Amendment.--Section 5(d)(1) of the Arms
Export Control Act (22 U.S.C. 2755(d)(1)) is amended by
striking ``Assistant Secretary of State for Human Rights and
Humanitarian Affairs'' and inserting in lieu thereof
``Assistant Secretary of State for Democracy, Human Rights,
and Labor''.
(c) Assumption of Duties.--The individual holding the
office of Assistant Secretary of State for Human Rights and
Humanitarian Affairs on the date of enactment of this Act
shall assume the duties of Assistant Secretary of State for
Democracy, Human Rights, and Labor and shall not be required
to be reappointed by reason of the enactment of this section.
SEC. 133. REDESIGNATION OF POSITION AS ASSISTANT SECRETARY
FOR NARCOTICS, TERRORISM, AND CRIME.
(a) Redesignation of Office.--Section 115(a) of the Foreign
Relations Authorization Act, Fiscal Year 1979 (22 U.S.C.
2652a) is amended--
(1) in the section heading, by striking ``international
narcotics matters'' and inserting in lieu thereof
``narcotics, terrorism, and crime''; and
(2) in the text--
(A) by striking ``, in addition to the positions provided
under the first section of the Act of May 26, 1949 (22 U.S.C.
2652),'';
(B) by striking ``International Narcotics Matters'' and
inserting ``Narcotics, Terrorism and Crime''; and
(C) by inserting before the period at the end ``and such
other related duties as the Secretary may from time to time
designate''.
(b) Assumption of Duties.--The individual holding the
office of Assistant Secretary of State for International
Narcotics Matters on the date of enactment of this Act shall
assume the duties of Assistant Secretary of State for
Narcotics, Terrorism, and Crime and shall not be required to
be reappointed by reason of the enactment of this section.
SEC. 134. ADMINISTRATIVE EXPENSES FOR NARCOTICS, TERRORISM,
AND CRIME.
Section 482 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291a) is amended by adding the following new
subsection:
``(d) Administrative Assistance.--(1) Except as provided in
paragraph (2), personnel funded pursuant to this section are
authorized to provide administrative assistance to personnel
assigned to the bureau designated by the Secretary of State
to replace the Bureau for International Narcotics Matters.
``(2) Paragraph (1) shall not apply if to do so would
result in a reduction in funds available for antinarcotics
assistance to foreign countries.''.
SEC. 135. COORDINATOR FOR INTERNATIONAL COMMUNICATIONS AND
INFORMATION POLICY.
(a) In General.--Section 35 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2707) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking the text above paragraph (1) and inserting
the following: ``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--'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (1) as paragraph (2);
(D) by inserting before redesignated paragraph (2) 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;''.
(E) in redesignated paragraph (2), by striking ``with the
bureaus and offices of the Department of State and'', and
inserting before the semicolon ``and with the Federal
Communications Commission, as appropriate''; and
(F) in paragraph (3), by striking ``the Senior Interagency
Group on International Communications and Information
Policy'' and inserting ``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;''.
(b) Rule of Construction.--Nothing in the amendments made
by this section 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.
SEC. 136. REFUGEE AFFAIRS.
(a) Coordination of Refugee Affairs.--Section 301 of the
Refugee Act of 1980 (8 U.S.C. 1525) is amended to read as
follows:
``Sec. 301. (a) The Secretary of State, together with the
Secretary of Health and Human Services and the Attorney
General, shall--
``(1) develop overall United States refugee admission and
resettlement policy;
``(2) coordinate all United States domestic and
international refugee admission and resettlement programs in
a manner that assures that policy objectives are met in a
timely fashion;
``(3) develop an effective and responsive liaison between
the Federal Government and voluntary organizations, Governors
and mayors, and others involved in refugee relief and
resettlement work to reflect overall United States Government
policy; and
``(4) make recommendations to the President and to the
Congress with respect to policies for, objectives of, and
establishment of priorities for, Federal functions relating
to refugee admission and resettlement in the United States.
``(b) In the conduct of the duties described in subsection
(a), the Secretary of State, together with the Secretary of
Health and Human Services and the Attorney General, shall
consult regularly with States, localities, and private
nonprofit voluntary agencies concerning the sponsorship
process and the intended distribution of refugees.
``(c) The Secretary of State, together with the Secretary
of Health and Human Services and the Attorney General, shall
design an overall budget strategy to provide individual
agencies with policy guidance on refugee matters in the
preparation of their budget requests, and to provide the
Office of Management and Budget with an overview of all
refugee-related budget requests.''.
(b) Amendments to the Refugee Act of 1980.--Title III of
the Refugee Act of 1980 is amended--
(1) in the title heading, by striking ``UNITED STATES
COORDINATOR FOR REFUGEE AFFAIRS'' and inserting ``UNITED
STATES COORDINATION OF REFUGEE AFFAIRS''; and
(2) in the heading of part A, by striking ``United States
Coordinator for Refugee Affairs'' and inserting ``United
States Coordination of Refugee Affairs''.
(c) Amendment to the Migration and Refugee Assistance
Act.--Section 5 of the Migration and Refugee Assistance Act
(22 U.S.C. 2605) is amended by adding at the end the
following new subsection:
``(c) Personnel funded pursuant to this section are
authorized to provide administrative assistance to personnel
assigned to the bureau charged with carrying out this Act.''.
(d) Conforming Amendments.--(1) Section 411(b) of the
Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended
by striking ``and under the general policy guidance of the
United States Coordinator for Refugee Affairs (hereinafter in
this chapter referred to as the `Coordinator')'' and
inserting ``the Secretary of State'';
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended--
(A) in subsection (a)(2)(A), by striking ``, together with
the Coordinator,'' and inserting ``, together wiht the
Secretary of State,'';
(B) in subsections (b)(3) and (b)(4), by striking ``in
consultation with the Coordinator,''; and
(C) in subsection (e)(7)(C), by striking ``, in
consultation with the United States Coordinator for Refugee
Affairs,''.
(3) Section 413(a) of the Immigration and Nationality Act
(8 U.S.C. 1523) is amended by striking ``, in consultation
with the Coordinator,''.
(e) Transfer of Duties.--If there is an individual who has
been confirmed by the Senate as Ambassador at Large for
Population, Refugees and Migration on the date of enactment
of this Act, that person shall assume on such date the duties
of Assistant Secretary of State for Population, Refugees and
Migration which were vested in the Assistant Secretary before
such date. Such individual shall not be required to be
reappointed by reason of the enactment of this section.
SEC. 137. WOMEN'S HUMAN RIGHTS PROTECTION.
(a) Findings.--The Congress finds that--
(1) issues of gender-based discrimination and violence
against women have long been ignored or overlooked; and
(2) abuses against women should have greater visibility in
the policymaking formulation.
(b) Policy.--It is the sense of Congress that the
Department of State should designate within the appropriate
bureau a special assistant to the Assistant Secretary to
assure that women's human rights issues are considered in the
overall development of international human rights policy.
SEC. 138. REPEALS.
Envoy to the Afghan Resistance.--Section 306 of the
Department of State Appropriations Act, 1989 (Public Law 100-
459) is repealed.
PART D--PERSONNEL
SEC. 141. LABOR-MANAGEMENT RELATIONS.
Section 1017(e) of the Foreign Service Act of 1980 (22
U.S.C. 4117) is amended to read as follows:
``(e)(1) Notwithstanding any other provision of this
chapter, participation in the management of a labor
organization for purposes of collective bargaining or acting
as a representative of a labor organization for such purpose
is prohibited under this chapter--
``(A) on the part of any management official or
confidential employee;
``(B) on the part of any individual who has served as a
management official or confidential employee during the
preceding two years; or
``(C) 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.
``(2) For the purposes of paragraph (1)(B) the term
`management official' does not include any chief of mission,
principal officer, or deputy thereof, or any administrative
or personnel officer abroad.''.
SEC. 142. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR
PERSONAL PROPERTY DAMAGE OR LOSS.
(a) Claims Resulting From Emergency Evacuation in a Foreign
Country.--Subsection 3721(b) of title 31 of the United States
Code is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding after paragraph (1), as so designated, the
following:
``(2) The Secretary of State may waive the settlement and
payment limitation referred to in paragraph (1) for claims
for damage or loss by United States Government personnel
under the jurisdiction of a chief of mission in a foreign
country if such claims in circumstances where there is in
effect a departure from the country authorized or ordered
under circumstances described in section 5522(a) of title 5,
if the Secretary determines that there exists exceptional
circumstances that warrant such a waiver.''.
(b) Retroactive Application.--The amendments made by
subsection (a) shall apply with respect to claims arising on
or after October 31, 1988.
SEC. 143. SALARIES OF CHIEFS OF MISSION.
Section 401(a) of the Foreign Service Act of 1980 (22
U.S.C. 3961(a)) is amended by striking ``, exclusive of
danger pay,''.
SEC. 144. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
(a) Prohibition on Awards.--Notwithstanding any other
provision of law, the Secretary of State may not award or pay
performance payments for fiscal years 1994 and 1995 under
section 405 of the Foreign Service Act of 1980 (22 U.S.C.
3965), until the Director of the Office of Personnel
Management issues regulations or otherwise authorizes or
recommends the payment of rank awards or performance awards
to other Federal employees for such fiscal years under
section 4507 or 5384 of title 5, United States Code.
(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 such subsection but for
the prohibition described in such subsection.
(c) Amendment to Foreign Service Act of 1980.--Section
405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.
3965(b)(4)) is amended to read as follows:
``(4) Any award under this section shall be subject to the
limitation on certain payments under section 5307 of title 5,
United States Code.''.
SEC. 145. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL
APPOINTEES.
Section 813 of the Foreign Service Act of 1980 (22 U.S.C.
4053) is amended to read as follows:
``Sec. 813. Reassignment and Retirement of Former
Presidential Appointees.--(a) If a participant 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, the participant shall be
reassigned in the Service within 90 days after the completion
of such assignment and any period of authorized leave.
``(b) If a participant 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 completion of
such assignment and any period of authorized leave, the
participant shall be retired from the Service and receive
retirement benefits in accordance with section 806 or section
855, as appropriate.''.
SEC. 146. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE
POSITIONS.
(a) Audit and Review.--Within 180 days after the date of
the enactment of this Act, 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 180 days after the date of
enactment of this Act, the Comptroller General shall submit a
report of such audit and review to the Chairman of the
Committee on Foreign Relations of the Senate and the Speaker
of the House of Representatives.
SEC. 147. ALLOWANCES.
(a) Away-From-Post Education Allowance.--Section 5924(4)(A)
of title 5, United States Code, is amended by inserting after
the first sentence the following: ``When travel from school
to post is infeasible, travel may be allowed between the
school attended and the home of a designated relative or
family friend or to join a parent at any location, with the
allowable travel expense not to exceed the cost of travel
between the school and the post.''.
(b) Educational Travel for College Students Studying
Abroad.--Section 5924(4)(B) of title 5, United States Code,
is amended in the first sentence after ``in the United
States'' by inserting ``(or to and from a school outside the
United States if the dependent is attending that school for
less than one year under a program approved by the school in
the United States at which the dependent is enrolled, with
the allowable travel expense not to exceed the cost of travel
to and from the school in the United States)''.
SEC. 148. INAPPLICABILITY OF ROLLOVER AUTHORITY FOR CERTAIN
ALLOWANCES AND OTHER PAYMENTS.
Section 5307(b) of title 5, United States Code (relating to
rollover authority for the making of certain payments to
Federal employees) shall not apply to employees of the
Department of State.
SEC. 149. GRIEVANCES.
(a) Grievance Board Procedures.--Section 1106 of the
Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in
the first sentence of paragraph (8) by striking ``until the
Board has ruled upon the grievance.'' and inserting ``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.''.
(b) Time Limitation on Requests for Judicial Review.--
Section 1110 of the Foreign Service Act of 1980 (22 U.S.C.
4140) is amended in the first sentence by inserting before
the period ``, 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)''.
SEC. 150. 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 and 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.
(b) Establishment.--For each of the fiscal years 1994 and
1995, the Secretary of State shall to the maximum extent
practicable appoint as Foreign Service officers 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, or the
Automated Applicant Referral System. 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) 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.
SEC. 151. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN
DEPARTMENT OF STATE EMPLOYEES.
(a) Referral System.--(1) The Secretary of State, in
consultation with the Director of the Office of Personnel
Management, shall establish and operate a system that
provides job placement assistance to eligible personnel of
the Department of State.
(2) The system established under this section shall--
(A) permit eligible personnel to register for job placement
assistance under the system;
(B) contain information on vacancies in employment
positions throughout the Department;
(C) facilitate the provision of information on the
positions referred to in subparagraph (B) to the personnel
who register for assistance under subparagraph (A); and
(D) assist, by referral or other means, the personnel
referred to in subparagraph (C) in seeking employment in such
position.
(3) The Secretary of State shall, to the maximum extent
practicable, ensure that the system operated under this
section is automated.
(4) The system shall operate from a single location within
the continental United States.
(b) Eligible Personnel.--Personnel eligible for
participation in the job placement assistance system
established under this section include the following:
(1) Personnel of the Department of State who are
involuntarily separated from employment in the Department by
reason of a reduction in force of such personnel.
(2) Personnel of the Department who decline to accept a
transfer to another position in the Department under such a
reduction in force or other program for the consolidation of
employment positions within the Department.
(3) Former personnel of the Department whose employment
with the Department was terminated for a reason described in
paragraph (1) or (2).
(4) Such other personnel of the Department as the Secretary
of State determines to be eligible for such participation.
(c) Implementation.--The Secretary of State shall commence
operation of the system required under this section not later
than 90 days after the date of the enactment of this Act.
(d) Report.--Not later than 120 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 job placement
assistance system established under this section.
SEC. 152. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN
SERVICE.
(a) Model Foreign Language Competence Posts Program.--
Section 161(a) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 4171 note) is amended
by adding at the end the following new sentence:
``Implementation of this program shall not deny other posts,
not so designated, of required language-qualified
personnel.''.
(b) Additions to Language Proficiency in the Employee
Evaluation Report.--Section 164(a) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4001(a) note) is amended--
(1) by inserting ``(1)'' immediately after ``Competence.--
''; and
(2) by adding at the end the following:
``(2)(A) In any assessment under paragraph (1), if a
supervisor believes that an employee's proficiency in a
foreign language has declined below the minimum proficiency
level required for the employee's current assignment, the
supervisor shall recommend that the employee seek remedial
language refresher training and, within reasonable
limitations, excuse the employee from a portion of his or her
regular responsibilities to do so.
``(B) In the event the employee identified under
subparagraph (A) is assigned to a language-designated
position and is receiving a language differential for having
achieved a required level of foreign language proficiency,
the supervisor may also require that the employee's current
proficiency in the foreign language be reevaluated at the
earliest opportunity. In this case the employee's proficiency
shall be evaluated by reference to the standards and
practices employed by the Foreign Service Institute. If the
Foreign Service Institute determines that the employee has
failed to maintain the required level of proficiency, the
Department of State shall suspend the differential until the
required proficiency level is regained.
``(C) For purposes of this section, the earliest
opportunity for reevaluation of an employee's foreign
language proficiency by the Foreign Service Institute shall
be, for employees not already in the Washington, D.C. area,
the next time the employee travels to the Washington, D.C.
area on official travel orders, or the next time a Foreign
Service Institute examiner visits the employee's post of
assignment on regularly scheduled travel. No additional
travel funds may be expended for this purpose.''.
SEC. 153. DESIGNATION OF FOREIGN LANGUAGE RESOURCES
COORDINATOR.
(a) Findings.--The Congress finds that--
(1) the post-Cold War era is placing increasing demands on
limited Federal foreign language resources available to
support diplomacy, intelligence, military preparedness,
international security, and global economic competitiveness
goals;
(2) the absence of a single interagency mechanism to
coordinate Federal foreign language resources represents a
significant weakness in the United States Government's
ability to mobilize and direct existing foreign language
assets in support of national foreign policy goals; and
(3) there is a growing need for coordination of all Federal
agencies maintaining and utilizing foreign language
resources--
(A) to increase cost-effectiveness through sharing of
resources;
(B) to identify foreign language needs and priorities
required to support foreign policy objectives; and
(C) to identify foreign language resources capable of
supporting global economic competitiveness goals and to
facilitate private sector access to those resources.
(b) Policy.--It is the sense of the Congress that--
(1) the Secretary of State, by virtue of his 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 effort; and
(2) in order to avoid other Federal agencies duplicating
the facilities and training provided by the Secretary of
State, a goal set out in section 701(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4011(b)), the Secretary of
State should call upon other Federal agencies to share in the
joint management and coordination of Federal foreign language
resources.
(c) Designation of Position and Duties.--(1) The Secretary
of State shall 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, intelligence,
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 United States Government agencies maintaining and
utilizing Federal foreign language training and related
resources shall cooperate fully with the Coordinator.
SEC. 154. FOREIGN LANGUAGE TRANSLATOR AND INTERPRETER CAREER
SERVICE PROGRAM.
(a) Purpose.--It is the purpose of this section--
(1) to enhance the capability of the Department of State to
provide cost-effective, timely, and reliable translation and
interpretation services for Government use;
(2) to obtain the services of professionally trained
translators and interpreters of foreign languages for which
the Secretary of State determines there is a shortage of
qualified Government personnel which cannot otherwise be
filled; and
(3) to stimulate United States institutions of higher
education to dedicate more resources to higher levels of
proficiency in their foreign language translation and
interpretation programs.
(b) Program.--(1)(A) The Secretary shall establish a
program whereby the Department of State would obtain the
services of additional translators and interpreters trained
at institutions of higher education in the United States.
(B) Such program shall be referred to as the ``Foreign
Language Translator and Interpreter Career Service Program''.
(2)(A) Under such program, the Secretary shall pay the
costs of tuition for eligible United States citizens who
pursue professional training in translation or interpretation
in foreign languages for which the Secretary determines there
is a shortage of qualified Government personnel. In exchange,
individuals who successfully complete training shall agree to
perform such services at an entry-level rate of pay in the
Department of State for a period of not less than one year
for each year of academic tuition paid.
(B) Such individuals may be detailed or referred for direct
employment to other Government agencies in accordance with
practices and procedures established by the Secretary.
(c) Eligibility.--A United States citizen shall be eligible
for participation in the program under this section if--
(1) the individual--
(A) is enrolled as a full-time student at an institution of
higher education in the United States; and
(B) is pursuing a full-time program in a foreign language
translation or interpretation;
(2) the institution and the program meet the accreditation,
curriculum, certification, and other standards prescribed by
the Secretary; and
(3) the individual submits a written application to the
Secretary and meets the minimum criteria prescribed by the
Secretary.
(d) Noncompliance.--Any individual participating in the
program who fails to complete a program meeting the standards
prescribed in subsection (c)(2) shall reimburse the
Department of State for the Federal funds expended for such
individual's tuition, together with interest on such funds
(calculated at the prevailing rate).
(e) Surcharge for Certain Foreign Language Services.--
Notwithstanding any other provision of law, the Secretary of
State is authorized to levy a surcharge, or otherwise solicit
funds, for providing other executive branch agencies with
foreign language translation and interpretation services.
(f) Use of Funds.--Funds collected under the authority of
subsections (d) and (e) 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, including the cost of
training translators or interpreters pursuant to subsection
(b). Such funds may remain available until expended.
(g) Definitions.--For the purposes of this section--
(1) the term ``institution of higher education'' has the
same meaning given to such term by section 1201(a) of the
Higher Education Act of 1965;
(2) the term ``Secretary'' means the Secretary of State,
acting through the Office of Language Services or any
successor office; and
(3) the term ``shortage of qualified Government personnel''
means a shortage or absence of sufficiently trained and
qualified personnel to meet minimum requirements for
permanent Government employment as translators or
interpreters by reference to the standards employed by the
Office of Language Services (or successor office), which
cannot otherwise be filled from contract rosters or other
sources.
SEC. 155. ASSIGNMENT OF FOREIGN SERVICE OFFICERS WITH
ADVANCED PROFICIENCY IN FOREIGN LANGUAGES.
(a) Purpose.--It is the purpose of this section to
encourage the assignment of Foreign Service personnel with
language proficiency at the S4/R4 level (full professional
proficiency, as tested by the Foreign Service Institute) to
posts or positions in which their language capabilities are
effectively utilized.
(b) Findings.--The Congress finds that--
(1) the Department of State's Office of the Inspector
General noted, in its July 1993 report, that existing foreign
language proficiency among members of the Foreign Service is
not adequately weighed in the assignments process, and that
existing skills are not adequately utilized, and
(2) the Department of State's Office of the Inspector
General urged that the Department has legitimate requirements
at overseas posts that can only be satisfied through S4/R4
level skills, and recommended that certain overseas positions
be designated at the S4/R4 competence level.
(c) Program.--(1) Pursuant to section 702 of the Foreign
Service Act of 1980 (22 U.S.C. 4022), the Secretary of State
shall direct the establishment and apportionment of a certain
number of overseas positions, at the S4/R4 level, in each of
a majority of overseas missions, as follows:
(A) For missions using world languages with more than nine
Foreign Service Officer positions assigned by the Department
of State, 8 percent of positions and not less than one
position will be established at the S4/R4 level.
(B) For posts using hard or incentive languages, with more
than nine Foreign Service Officer positions assigned by the
Department of State, the number of S4/R4-designated positions
shall be at least four percent of positions, and not less
than one position.
(2) Overseas posts and the Department of State shall retain
flexibility to apportion S4/R4 language-designated positions
within respective overseas posts.
(3) Assignment of personnel with full professional
proficiency shall be completed not later than September 30,
1995.
(d) Report to the Congress.--The Secretary of State shall
report to the Congress not later than September 30, 1994,
describing the progress made toward implementation of this
section.
PART E--INTERNATIONAL ORGANIZATIONS
Subpart A--United Nations and Related Agencies
SEC. 161. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS
AND AFFILIATED ORGANIZATIONS.
The United States shall not make any voluntary or assessed
contribution--
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization
or group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood, during any period in
which such membership is effective.
SEC. 162. 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. 163. 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. 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.
(b) Report.--Not later than 180 days 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
assessing the World Health Organization's progress in
implementing the reforms identified in subsection (a)(1) and
(2).
SEC. 164. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.
In view of the longstanding efforts of the United States
and the other major donor nations to reform the Food and
Agriculture Organization and in view of the findings of the
ongoing investigation of the General Accounting Office, it is
the sense of the Congress that--
(1) the United States should use the opportunity of the
1993 election of a new Director General of the Food and
Agriculture Organization (FAO) to press for long-needed
organizational and management reforms; and
(2) 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 decision-making 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
funds through the TCP and establishing procedures to deploy
TCP consultants, supplies, and equipment in a timely manner.
SEC. 165. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--For assessed contributions
authorized to be appropriated by section 102(a) of this Act,
the President may withhold 20 percent of the funds
appropriated for the United States assessed contribution to
the United Nations or to any of its specialized agencies for
any calendar year if the United Nations or any such agency
has failed to implement or to continue to implement
consensus-based decisionmaking procedures on budgetary
matters which assure that sufficient attention is paid to the
views of the United States and other member states that are
the major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the
Congress when a decision is made to withhold any share of the
United States assessed contribution to the United Nations or
its specialized agencies pursuant to subsection (a) and shall
notify the Congress when the decision is made to pay any
previously withheld assessed contribution. A notification
under this subsection shall include appropriate consultation
between the President (or his representative) and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(c) Contributions for Prior Years.--Subject to the
availability of appropriations, payment of assessed
contributions for prior years may be made to the United
Nations or any of its specialized agencies notwithstanding
subsection (a) of this section, section 162(a) of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138), section 405 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law
101-246) and section 143 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93) 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 a report to the Congress
concerning the payment of assessed contributions to the
United Nations and any of its specialized agencies during the
preceding calendar year.
(e) Repeal of Existing Law.--Subsections (a) through (d) of
section 162 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993, are repealed.
SEC. 166. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
(a) Withholding of Assessed Nonpeacekeeping Contributions
to the United Nations.--(1) In fiscal year 1994, 10 percent
of the amount of funds authorized to be appropriated for that
fiscal year for United States assessed contributions to the
United Nations and its specialized agencies shall be withheld
from obligation and expenditure until a certification is made
under subsection (b).
(2) Beginning with fiscal year 1995 and at the beginning of
each fiscal year thereafter, 20 percent of the amount of
funds authorized to be appropriated for each fiscal year for
United States assessed contributions (other than for
peacekeeping activities) to the United Nations and its
specialized agencies shall be withheld from obligation and
expenditure until a certification is made under subsection
(b).
(b) Certification.--The certification referred to in
subsection (a) is a certification by the President to the
Congress that--
(1) the United Nations has established an independent and
objective Office of Inspector General to conduct and
supervise audits, inspections, and investigations relating to
the programs and operations of the United Nations and each of
the specialized agencies of the United Nations;
(2) the Secretary General of the United Nations has
appointed an Inspector General, with the consent of the
General Assembly, solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations;
(3) the United Nations Office of Inspector General is
authorized to--
(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations and its specialized agencies;
(B) have access to all records and documents or other
material available which relate to those programs and
operations; and
(C) have direct and prompt access to any official of the
United Nations or of any of its specialized agencies,
including any head of a specialized agency or official of the
United Nations Secretariat;
(4) the United Nations Office of Inspector General is
keeping the head of each specialized agency, the Secretary
General, the members of the Security Council, and the members
of the General Assembly fully informed about problems,
deficiencies, and the necessity for, and progress of,
corrective action;
(5) the United Nations has established measures 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 the Inspector General; and
(6) the United Nations has enacted procedures to ensure
compliance with the recommendations of the Inspector General.
(c) Definition.--For purposes of this section, the term
``United Nations operations'' includes any program, project
or activity conducted or supported, in whole or in part, by
the United Nations or any of its specialized agencies.
SEC. 167. AMERICAN PARTICIPATION IN MANAGEMENT OF UNITED
NATIONS.
(a) Funds authorized in section 102(a) of this Act for
fiscal year 1995 for the assessed contribution of the United
States to the United Nations are authorized to be
appropriated only upon a certification by the Secretary of
State to the appropriate committees of the Congress that the
position of Under Secretary-General of the United Nations for
Administration and Management is being held by a citizen of
the United States as of October 1, 1994.
(b) Subsection (a) may be waived by the Secretary of State
only upon a certification to the appropriate committees of
the Congress that--
(1) such waiver is in the national interest of the United
States, including the reason or reasons it is in our
interest; and
(2) the Secretary of State has confidence the individual
holding the position of Under Secretary-General of the United
Nations for Administration and Management is committed to
efficient management practices and restrained budgets for the
United Nations.
(c) If a waiver and certification is made pursuant to
subsection (b), such certification shall include a
justification why a citizen of the United States does not
hold said position, since the United States is the largest
single contributor to the United Nations.
(d) It is the sense of the Congress that the position of
Under Secretary-General of the United Nations for
Administration and Management should be held by a citizen of
the United States.
SEC. 168. POLICY WITH RESPECT TO THE ESTABLISHMENT OF AN
INTERNATIONAL CRIMINAL COURT.
(a) Congressional Findings.--Congress finds that--
(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; and
(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 Congress.--It is the sense of the Congress
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 February 1, 1994, the
President shall submit to Congress 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. 169. 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 on American citizens.
SEC. 170. 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. 170A. JAPAN AND GERMANY BECOMING PERMANENT MEMBERS OF
THE UNITED NATIONS SECURITY COUNCIL.
(a) The Senate finds that--
(1) in the post-Cold War period, the international
community expects the United Nations to play a larger role,
particularly in peacekeeping operations that may, on
occasion, require the use of force against determined
aggressors;
(2) in the past five years the United Nations has engaged
in more peacekeeping operations than in the preceding forty;
(3) the Security Council is the United Nations body chiefly
responsible for matters of peace and security;
(4) the United Nations structure and the Security Council's
roster of permanent members have remained largely unchanged
since the United Nations was founded almost half a century
ago;
(5) Japan and Germany, as the world's second and third
largest economies, respectively, have attained levels of
global reach and influence equal to or surpassing current
permanent members of the Security Council;
(6) both Japan and Germany have announced their desire to
gain permanent membership in the Security Council;
(7) any country accorded permanent membership must be
capable of fulfilling the responsibilities of such status,
including participation in any United Nations military
operations;
(8) according permanent membership to nations not capable
of carrying out these responsibilities will allow those
countries to play a central role in shaping United Nations
peacekeeping operations which could endanger the lives of
American and other troops, but in which their own forces
could play no part;
(9) currently, in both Japan and Germany the prevailing
view is that each country is prohibited from carrying out all
the responsibilities that permanent membership entails and
appears reluctant to make the changes necessary to gain those
capabilities;
(10) in Japan's case, further reconciliation with its Asian
neighbors who suffered during the World War II period is
recommended, therefore
(b) It is the sense of the Senate that--
(1) in principle, the United States should support both
Japan and Germany in their wish to gain permanent membership
in the United Nations Security Council; but
(2) neither Japan nor Germany should be admitted as
permanent members until they are capable of discharging the
full range of responsibilities accepted by all current
permanent members of the Security Council.
SEC. 170B. TRANSMITTALS OF UNITED NATIONS DOCUMENTS.
(a) Transmittal to Congress of United Nations Resolutions
and Reports.--Section 4 of the United Nations Participation
Act of 1945 (22 U.S.C. 287b), as amended by subsection (a),
is further amended by adding at the end the following:
``(c)(1) Not later than 72 hours after adoption by the
Security Council of a resolution authorizing United Nations
peacekeeping activities or any other action under the Charter
of the United Nations (including any extension, modification,
suspension, or termination of any previously authorized
United Nations peacekeeping activity or other action) which
would involve the use of United States Armed Forces or the
expenditure of United States funds, the Permanent
Representative shall transmit the text of such resolution and
any supporting documentation to the appropriate congressional
committees.
``(2) The Permanent Representative shall promptly transmit
to the appropriate congressional committees any report
prepared by the United Nations distributed to the members of
Security Council assessments of any proposed, ongoing, or
concluded United Nations peacekeeping activity.''.
(b) Definitions.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.) is amended by adding at the end
the following new section:
``Sec. 10. For purposes of this Act--
``(1) the term `appropriate congressional committees' means
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Foreign Affairs of the
House of Representatives;
``(2) the term `Permanent Representative' means the
Permanent Representative of the United States to the United
Nations appointed by the President pursuant to section 2 of
this Act; and
``(3) the term `United Nations peacekeeping activities'
means any international peacekeeping, peacemaking, peace-
enforcing, or similar activity involving the use of nationals
of member countries of the United Nations that is authorized
by the Security Council under chapter VI or VII of the United
Nations Charter.''.
SEC. 170C. LIMITATIONS ON UNITED STATES FUNDING OF UNITED
NATIONS PEACEKEEPING ACTIVITIES.
(a) 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 activities, or
(2) the unreimbursable incremental costs associated with
the participation of United States Armed Forces in United
Nations peacekeeping activities unless such activities are
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.
(b) Assessed Contributions for United Nations Peacekeeping
Activities.--
(1) Reassessment of contribution percentages.--The
Permanent Representative 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 activities. As part of the
overall review and assessment, the Permanent Representative
should make every effort to advance the concept that host
governments and other governments in the region where a
United Nations peacekeeping activity is carried out should
bear a greater burden of its financial cost.
(2) United states contributions.--(A) The Permanent
Representative should make every effort to obtain agreement
by the United Nations to a United States assessed
contribution for United Nations peacekeeping activities that
is no greater a percentage of such contributions by all
countries than the United States percentage share of assessed
contributions for other United Nations activities.
(B) The Congress declares that, effective for fiscal year
1996, it does not intend to make available funds for payment
of United States assessed or voluntary contributions for
United Nations peacekeeping activities that exceed 25 percent
of the total amount of the assessed and voluntary
contributions of all countries for such activities unless,
after the date of enactment of this Act, the Congress enacts
a statute specifically authorizing a greater percentage
contribution.
(C) The Permanent Representative shall inform the Secretary
General of the congressional intent expressed in paragraph
(2).
(c) United States Contributions to United Nations
Peacekeeping Activities.--Section 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b) is amended--
(1) by inserting ``(a)'' before ``The President''; and
(2) by adding at the end the following:
``(b)(1) The President shall, at the time of submission of
his annual budget request to the Congress, submit a report to
the Congress on the anticipated budget for the fiscal year
for United States participation in United Nations
peacekeeping activities.
``(2) The report required by paragraph (1) shall state--
``(A) the aggregate amount of funds available to the United
Nations for that fiscal year, including assessed and
voluntary contributions, which may be made available for
United Nations peacekeeping activities; and
``(B) the aggregate amount of funds (from all accounts) and
the aggregate costs of in-kind contributions that the United
States proposes to make available to the United Nations for
that fiscal year for United Nations peacekeeping activities.
``(3) The President shall include in his budget submission
for fiscal year 1996 a projection of all United States costs
for United Nations peacekeeping activities during each of
fiscal years 1996, 1997, and 1998, including costs of in-kind
contributions and assessed and voluntary contributions.''.
(d) Definitions.--
(1) Amendment.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.) is amended by adding at the end
the following new section:
``Sec. 10. For purposes of this Act--
``(1) the term `appropriate congressional committees' means
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Foreign Affairs of the
House of Representatives; and
``(2) the term `Permanent Representative' means the
Permanent Representative of the United States to the United
Nations appointed by the President pursuant to section 2 of
this Act.
SEC. 170D. UNITED NATIONS PEACEKEEPING BUDGETARY AND
MANAGEMENT REFORM.
(a) Withholding of Contributions for United Nations
Peacekeeping.--(1) At the beginning of each fiscal year
(beginning with fiscal year 1995), 20 percent of the amounts
of funds made available for United States assessed
contributions for United Nations peacekeeping activities
shall be withheld from obligation and expenditure unless a
certification has been made under subsection (b).
(2) For each fiscal year (beginning with fiscal year 1995),
the United States may not pay any voluntary contribution for
international peacekeeping activities unless a certification
has been made under subsection (b).
(b) Certification.--The certification referred to in
subsection (a) is a certification by the President to the
Congress that--
(1) the United Nations has established an independent and
objective Office of Inspector General to conduct and
supervise audits, inspections, and investigations relating to
the United Nations peacekeeping activities carried out by the
United Nations;
(2) the Secretary General of the United Nations has
appointed an Inspector General, with the consent of the
General Assembly, solely the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations;
(3) the United Nations Office of Inspector General is
authorized to--
(A) make investigations and reports relating to the
administration of the United Nations peacekeeping activities
carried out by the United Nations;
(B) have access to all records and documents or other
material available which relate to those activities; and
(C) have direct and prompt access to relevant officials of
the United Nations, including any official of the United
Nations Secretariat;
(4) the United Nations Office of Inspector General is
keeping the Secretary General and the members of the Security
Council fully informed about problems, deficiencies, and the
necessity for, and progress of, corrective action;
(5) the United Nations has established measures 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 the Inspector General; and
(6) the United Nations has enacted procedures to ensure
compliance with Inspector General recommendations.
(c) Definitions.--For purposes of this section--
(1) the term ``appropriate congressional committees'' means
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the term ``Permanent Representative'' means the
Permanent Representative of the United States to the United
Nations appointed by the President pursuant to section 2 of
this Act.
SEC. 170E. REPORTING REQUIREMENTS INVOLVING MULTILATERAL
PEACEKEEPING ACTIVITIES.
(a) United States Personnel Taken Prisoner While Serving in
Multilateral Peacekeeping Forces.--
(1) Findings.--The Congress finds that--
(A) until recent years United States military personnel
rarely served as part of multilateral forces under the United
Nations or regional international organizations;
(B) despite infrequent service as part of multilateral
forces, United States personnel, such as Colonel William
Higgins in Lebanon, have been captured, tortured, and
murdered;
(C) in recent years, United States military personnel have
served much more frequently as part of multilateral forces;
(D) the capture and torture of Chief Warrant Officer
Michael Durant in Somalia in October 1993 was a horrendous
and recent example of the risk to United States personnel in
multilateral forces;
(E) continued multilateral service increases the
probability that United States military personnel will be
captured, and subject to mistreatment;
(F) United States military personnel captured while serving
as part of multilateral forces have not been treated as
prisoners of war under the 1949 Geneva Conventions and other
international agreements intended to protect prisoners of
war; and
(G) failure of United States military personnel serving as
part of a multilateral force to receive protection under
international law increases the risk to personnel while
serving in multinational forces.
(2) Policy.--It is the sense of the Congress that--
(A) 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
multilateral force who are captured are accorded the
protection accorded to prisoners of war; and
(B) the President should also take all necessary steps to
bring to justice all individuals responsible for any
mistreatment, torture, or death of United States military
personnel who are captured while serving in a multilateral
force.
(3) Report.--Each report submitted pursuant to section 169
of this Act shall include a separate section setting forth--
(A) the status under international law of members of
multilateral peacekeeping forces, including the legal status
of such personnel if captured, missing, or detained,
(B) the extent of the risk for United States military
personnel who are captured while participating in
multinational peacekeeping forces in cases where their
captors fail to respect the 1949 Geneva Conventions and other
international agreements intended to protect prisoners of
war, and
(C) the specific steps that have been taken to protect
United States military personnel participating in
multinational peacekeeping forces, together (if necessary)
with any recommendations for the enactment of legislation to
achieve that objective.
(b) Human Rights Observance in United Nations Peacekeeping
Activities.--Section 169 of this Act is amended to include
the following at the end:
``(5) a description of respect for internationally
recognized human rights in countries or territories where a
United Nations peacekeeping activity has taken place during
the preceding year by United Nations forces including a
description of United Nations' efforts to investigate and
take appropriate action in cases of alleged human rights
violations.''.
Subpart B--Other International Organizations
SEC. 171. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) Authorization To Receive Payments.--Section 2 of the
American-Mexican Chamizal Convention Act of 1964 (22 U.S.C.
277d-18) is amended--
(1) by inserting ``(a)'' before ``The''; and
(2) by adding at the end the following new subsections:
``(b) The United States Commissioner is authorized to
receive funds from public or private sources in the United
States or Mexico for the purpose of sharing in the cost of
replacement of the Bridge of the Americas, which crosses the
Rio Grande between El Paso, Texas, and Ciudad Juarez,
Chihuahua. Notwithstanding any other provision of law, such
payments of money shall be credited to any appropriation to
the Commission which is currently available. Funds received
under this subsection shall be available only for the
replacement of such bridge.
``(c) The authority of subsection (b) may be exercised only
to the extent or in such amounts as are provided in advance
in appropriation Acts.''.
(b) Expenditures for Water Pollution Problems.--Title I of
the Act of June 20, 1956 (70 Stat. 302; 22 U.S.C. 277d-12),
is amended in the fourth undesignated paragraph under the
heading ``international boundary and water commission, united
states and mexico'' by striking ``Tijuana Rivers,'' and all
that follows before the period and inserting ``Tijuana
Rivers, or other streams running across or near the boundary,
and for taking emergency actions to protect against health-
threatening surface and ground water pollution problems along
the United States-Mexico boundary''.
(c) Falcon and Amistad Dams Maintenance Fund.--Section 2 of
the Act of June 18, 1954 (68 Stat. 255), as amended by the
Act of December 23, 1963 (77 Stat. 475), is further amended
to read as follows:
``Sec. 2. (a) There is created within the Treasury of the
United States a separate fund, which shall be known as the
`Falcon and Amistad Operating and Maintenance Fund' (in this
section referred to as the `Maintenance Fund'). The
Maintenance Fund shall be administered by the Administrator
of the Western Area Power Administration for use by the
Commissioner of the United States Section of the
International Boundary and Water Commission to defray the
operation, maintenance, and emergency costs of the
hydroelectric facilities at the Falcon and Amistad dams.
``(b) All revenues collected in connection with the
disposition of electric power generated at the Falcon and
Amistad dams, except those revenues paid pursuant to
subsection (d) to the general fund of the Treasury of the
United States, shall be credited to the Maintenance Fund and
shall remain available until expended for defraying the
operation, maintenance, and emergency costs of the
hydroelectric facilities at the dams.
``(c) The authority of subsection (b) may be exercised only
to the extent or in such amounts as are provided in advance
in appropriation Acts.
``(d) Revenues in the Maintenance Fund in excess of the
operation, maintenance, and emergency needs shall be paid
annually to the general fund of the Treasury of the United
States to return the costs of replacements and the original
investments, with interest.
``(e) All funds received from the Government of Mexico for
any energy which might be delivered to that Government by the
United States Section of the International Boundary and Water
Commission pursuant to any special agreement concluded in
accordance with Article 19 of the treaty of February 3, 1944,
between the United States and Mexico (Treaty Series 994)
shall be credited to the General Fund of the Treasury of the
United States.''.
SEC. 172. 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. 173. EXTENSION OF THE INTERNATIONAL ORGANIZATIONS
IMMUNITIES ACT TO THE INTERNATIONAL UNION FOR
CONSERVATION OF NATURE AND NATURAL RESOURCES.
The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following
new section:
``Sec. 14. The International Union for Conservation of
Nature and Natural Resources shall be considered to be an
international organization for the purposes of this title and
may be extended the provisions of this title in the same
manner, to the same extent, and subject to the same
conditions, as such provisions may be extended to a public
international organization in which the United States
participates pursuant to any treaty or under the authority of
any Act of Congress authorizing such participation or making
an appropriation for such participation.''.
SEC. 174. INTER-AMERICAN ORGANIZATIONS.
(a) Finding.--The Congress finds that the work done by the
Inter-American organizations has been of great benefit to the
Hemisphere, and the United States itself has experienced a
positive return from their efforts.
(b) 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, 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. 175. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
COFFEE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
or any other Act may be used to fund any United States
contribution to the International Coffee Organization.
SEC. 176. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL
JUTE ORGANIZATION.
None of the funds authorized to be appropriated by this Act
or any other Act may be used to fund any United States
contribution to the International Jute Organization.
PART F--OTHER STATE DEPARTMENT-RELATED PROVISIONS
SEC. 181. MIGRATION AND REFUGEE AMENDMENTS.
(a) Migration and Refugee Assistance Act Amendments.--
Section 2 of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601) is amended--
(1) by striking ``the Intergovernmental Committee for
European Migration'' each place it appears and inserting
``the International Organization for Migration'';
(2) in subsection (a)--
(A) by striking ``the Committee'' and inserting ``the
Organization'' each place it appears; and
(B) in the first sentence, by inserting before the period
``, as amended in Geneva, Switzerland, on May 20, 1987''; and
(3) in subsection (c)(2), by striking ``$50,000,000'' and
inserting ``$100,000,000''.
(b) Repeal.--Section 745 of Public Law 100-204 (22 U.S.C.
2601 note) is repealed.
SEC. 182. 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, should 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, the Secretary of State
should seek to ensure--
(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 and field
staffing 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 and 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 persons;
(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 factfinding 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 UNHCR's ``Guidelines on
the Protection of Refugee Women''.
SEC. 183. INTERPARLIAMENTARY EXCHANGES.
(a) Mexico-United States Interparliamentary Group.--Section
2 of the Act of April 9, 1960 (22 U.S.C. 276i) is amended--
(1) by striking ``$100,000'' and inserting ``$80,000''; and
(2) by striking ``$50,000'' both places it appears and
inserting ``$40,000''.
(b) Canada-United States Interparliamentary Group.--Section
2 of the Act of June 11, 1959 (22 U.S.C. 276e) is amended--
(1) by striking ``$50,000'' and inserting ``$70,000''; and
(2) by striking ``$25,000'' both places it appears and
inserting ``$35,000''.
(c) Deposit of Funds in Interest-Bearing Accounts.--Funds
appropriated and disbursed pursuant to section 303 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriation Act, 1988 (as added by
section 101(a) 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 the miscellaneous receipts
account of the Treasury.
SEC. 184. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.
(a) In General.--Section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(a)) is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' immediately after ``terrorism.--
'';
(4) by striking ``and'' at the end of subparagraph (A);
(5) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(6) by adding at the end the following:
``(C) the nature and extent of assets held in the United
States on behalf of foreign countries and groups responsible
for the acts described in subparagraphs (A) and (B).
``(2) In reporting on the information required by paragraph
(1)(C), the Secretary of State shall consult with the
Secretary of the Treasury, the Attorney General, and such
other heads of relevant departments and agencies of the
United States as may be necessary.''.
(b) Conforming Amendments.--Section 140(b) of such Act is
amended--
(1) in paragraph (1), by striking ``subsection (a)(1)'' and
inserting ``subsection (a)(1)(A)''; and
(2) in paragraph (2), by striking ``subsection (a)(1)'' and
inserting ``subsection (a)(1)(B)''.
SEC. 185. COORDINATION OF COUNTER- TERRORISM ACTIVITIES.
(a) Findings.--It is the sense of the Congress that--
(1) international terrorism continues to be a serious
threat to the peace and security of democratic nations, the
United States included;
(2) international terrorist acts against the United States
or its people can only be combatted through a vigorous
coordination of efforts on the part of responsible United
States Federal agencies; and
(3) United States citizens have continued to be targets of
terrorism both at home and abroad.
(b) Coordination.--The Congress strongly urges the
Secretary of State to take steps to ensure that coordination
of counterterrorism activities occupies a high priority
within the Department of State by a demonstrated dedication
to the assignment of both personnel and resources to the
issue of counterterrorism.
SEC. 186. FACILITATING ACCESS TO THE DEPARTMENT OF STATE
BUILDING.
(a) Procedures To Facilitate Access.--The Office of
Diplomatic Security shall establish 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. Such procedures shall
enable an individual employed by any such committee to be
granted immediate access to the Department of State building
upon the presentation of a valid United States Senate or
House of Representatives identification card, if such
individual's name appears on a list of staff members provided
in advance in writing to the Office of Diplomatic Security by
the chairman and ranking member of the committee employing
such staff. A copy of such list shall be made available to
the reception desk at the Department of State.
(b) Parking Permits.--The Office of Diplomatic Security
shall also make available a reasonable number of parking
permits to each committee in order to facilitate attendance
of meetings at the Department of State.
(c) Definition.--For purposes of this section, the term
``congressional committees of jurisdiction'' means 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.
SEC. 187. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.
For purposes of the registration of birth or certification
of nationality of a United States citizen born in Taiwan, the
Secretary of State shall permit the place of birth to be
recorded as Taiwan.
SEC. 188. REPEAL OF REPORTING REQUIREMENTS.
The following provisions of law are hereby repealed:
(1) Section 37(d) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709), relating to firearms
regulations for special agents.
(2) Section 214(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314), relating to
extraordinary protective services to foreign missions.
(3) Section 216(d) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4316(d)), relating to
application of travel restrictions to personnel of certain
countries and organizations.
(4) Section 108 of the Foreign Relations Authorization Act,
Fiscal Year 1978 (22 U.S.C. 2151n-1), relating to Americans
incarcerated abroad.
(5) Section 512(b)(2) of the Foreign Relations
Authorization Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)),
relating to withdrawal of United States troops from Korea.
(6) Section 412(b) of the Foreign Service Act of 1980 (22
U.S.C. 3972(b)), relating to special differentials for
Foreign Service officers.
(7) The second sentence of section 2207(c) of the Foreign
Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign
language competence requirements: exceptions.
(8) The second sentence of section 103(b) of the Department
of State Authorization Act, Fiscal Years 1982 and 1983 (22
U.S.C. 2656 note), relating to status of certain consulates
to be reopened.
(9) Section 9 of the Radio Broadcasting to Cuba Act (22
U.S.C. 1465g), relating to evaluation of Cuba service
programming.
(10) Section 130(c) of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982
note), relating to merger of Foreign Service Information
Corps into the Foreign Service Corps.
(11) Section 207(b) of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460
note), relating to foreign travel financed from the United
States Information Agency's private sector program.
(12) Section 120(d) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating
to Foreign Service associates pilot project.
(13) Section 611 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating to
United States scholarship program for developing countries.
(14) Section 812(c) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating
to Japan's fulfillment of its common defense commitments.
(15) Section 153(d) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public
Law 100-204), relating to United States-Soviet reciprocity in
matters relating to embassies.
(16) Section 701(b) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287e note; Public
Law 100-204), relating to status of secondment within the
United Nations.
(17) Section 804(b) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246),
relating to compliance with commitments by the Palestine
Liberation Organization.
(18) Section 1(5) of the joint resolution entitled ``Joint
resolution relating to NASA and the International Space
Year'', approved July 31, 1990 (Public Law 101-339), relating
to the international space year--1992.
(19) Section 232 of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (Public Law 102-228),
relating to activities to reduce Soviet military threat.
(20) Section 401(c) of the Conventional Forces in Europe
Treaty Implementation Act of 1991 (22 U.S.C. 2551 note),
relating to the Arms Control and Disarmament Agency's
revitalization report.
SEC. 189. SENSE OF THE SENATE.
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. 190. VALUE OF CONTRACTED GOODS AND SERVICES.
(a) The United Nations is increasingly contracting out to
the private sector various aspects of its peacekeeping
operations. The Permanent Representative of the United States
to the United Nations should make every effort to ensure that
United States contractors are awarded an appropriate portion
of these contracts commensurate with the overall contribution
of the United States to United Nations peacekeeping.
(b) The Permanent Representative shall report to the
Congress in writing annually setting forth the dollar value
and percentage of total peacekeeping contracts that have been
awarded to United States contractors during the previous
year, beginning twelve months after the date of enactment of
this Act.
SEC. 191. BUDGET JUSTIFICATION FOR SECURITY COSTS.
Beginning ninety days after the enactment of this Act, and
annually thereafter on the day the budget of the United
States is submitted to the Congress, the Secretary of State
shall submit to the Congress a detailed budget justification
on the costs to provide security and protection to the
Secretary of State both domestically and internationally.
Such justification shall include the number of full-time
permanent personnel assigned to Secretarial protection, the
cost of salaries, overtime, per diem, travel, equipment and
vehicles for carrying out such protective activities.
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 National Endowment for
Democracy Act, and to carry out other authorities in law
consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses''
for the United States Information Agency, $478,854,000 for
the fiscal year 1994 and $478,854,000 for the fiscal year
1995.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $141,043,000 for
the fiscal year 1994 and $141,043,000 for the fiscal year
1995.
(B) Other existing 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'', ``Freedom Support Act
Secondary School Exchanges'', and ``Arts America'',
$105,879,000 for the fiscal year 1994 and $105,879,000 for
the fiscal year 1995.
(C) New programs.--
(i) Goodwill games.--For the Goodwill Games, $1,000,000 for
the fiscal year 1994.
(ii) East timor.--For scholarships for East Timorese
students established by section 222, $150,000 for the fiscal
year 1994 and $150,000 for the fiscal year 1995.
(iii) Cambodia.--For scholarships for Cambodians
established by section 223, $500,000 for the fiscal year 1994
and $500,000 for the fiscal year 1995.
(iv) World cup.--For events associated with the 1994 World
Cup soccer finals, $1,500,000 for the fiscal year 1994.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$28,351,000 for the fiscal year 1994 and $28,351,000 for the
fiscal year 1995.
(4) International broadcasting activities.--For
``International Broadcasting Activities'' $560,790,000 for
the fiscal year 1994 and $560,790,000 for the fiscal year
1995.
(5) Office of the inspector general.--For the ``Office of
the Inspector General'', $4,390,000 for the fiscal year 1994
and $4,390,000 for the fiscal year 1995.
(6) National endowment for democracy.--For the ``National
Endowment for Democracy'', $35,000,000 for the fiscal year
1994 and $35,000,000 for the fiscal year 1995.
(7) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $26,000,000 for the
fiscal year 1994 and $26,000,000 for the fiscal year 1995.
(8) International broadcasting operations.--For
``International Broadcasting Operations'', $395,356,000 for
the fiscal year 1996 and $400,784,000 for the fiscal year
1997.
(9) Radio Construction.--For ``Radio Construction'',
$108,874,000 for the fiscal year 1996 and $111,528,000 for
the fiscal year 1997.
(b) Authorization Within ``Salaries and Expenses
Account''.--Of the amount authorized to be appropriated by
subsection (a)(1), $350,000 is authorized for the fiscal year
1994 for the establishment and operation of a United States
Information Agency office in Lhasa, Tibet, under section 219
of this Act and $350,000 is authorized for the fiscal year
1995 for the continued operation of such office.
(c) Authorizations Within ``Fulbright Academic Exchange
Programs''.--
(1) Of the amount authorized to be appropriated by
subsection (a)(2)(A), $3,000,000 is authorized for the fiscal
year 1994 and $3,000,000 for the 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).
(2) Of the amount authorized to be appropriated by
subsection (a)(2)(A), $2,000,000 is authorized for the fiscal
year 1994 and $2,000,000 for the fiscal year 1995 for the
``Environment and Sustainable Development Exchange Program''
established by section 224 of this Act.
PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 211. CHANGES IN ADMINISTRATIVE AUTHORITIES.
Section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471) is
amended--
(1) in paragraph (5), by striking ``and'' after the
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) notwithstanding any other provision of law, to carry
out projects involving security construction and related
improvements for Agency facilities not physically located
together with Department of State facilities abroad.''.
SEC. 212. BUYING POWER MAINTENANCE ACCOUNT.
Section 704(c) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is
amended--
(1) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively;
(2) by inserting ``(1)'' after ``(c)''; and
(3) by adding at the end the following new paragraphs:
``(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 United States
Information Agency, the Director shall transfer to the Buying
Power Maintenance account such amounts appropriated for
`Salaries and Expenses' as the Director 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 foreign wages and prices, the
Director may transfer from the Buying Power Maintenance
account to the `Salaries and Expenses' appropriations account
such amounts as the Director determines are necessary to
maintain the approved level of operations under that
appropriation account.
``(5) Funds transferred by the Director 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 Director 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 that may be
obligated or expended by the United States Information Agency
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)(A) Subject to the limitations contained in this
paragraph, not later than the end of the 5th fiscal year
after the fiscal year for which funds are appropriated or
otherwise made available for the `Salaries and Expenses'
account, the Director may transfer any unobligated balance of
such funds to the Buying Power Maintenance account.
``(B) The balance of the Buying Power Maintenance account
may not exceed $50,000,000 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 705 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 in advance in appropriation Acts.''.
SEC. 213. CONTRACT AUTHORITY.
Section 802(b) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is
amended by adding at the end the following new paragraph:
``(4)(A) Notwithstanding the other provisions of this
subsection, the United States Information Agency is
authorized to enter into contracts for periods not to exceed
7 years for circuit capacity to distribute radio and
television programs.
``(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.''.
SEC. 214. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--
(1) Except for real estate leases and as provided in
subsection (b), the United States Information Agency may not
enter into any contract that expends funds appropriated to
the United States Information Agency 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))--
(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 Director of the
United States Information Agency 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 Director of the
United States Information Agency 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) Waiver by the Director of the United States Information
Agency.--The Director of the United States Information Agency
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 Director 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.
(c) Responses to Contract Solicitations.--(1) Except as
provided in paragraph (2) of this subsection, the Director of
the United States Information Agency 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 Director of the United States Information Agency or a
designee on the basis of available information. Certification
by the Director of the United States Information Agency 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 Director of the United States Information Agency
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 United States
Information Agency 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 Director of the United States
Information Agency, the United States Information Agency
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 Agency shall not enter
into any contracts with such a violator.
SEC. 215. UNITED STATES TRANSMITTER IN KUWAIT.
None of the funds authorized to be appropriated by this or
any other Act may be obligated or expended for the design,
development, or construction of a United States radio
transmitter in Kuwait.
SEC. 216. SEPARATE LEDGER ACCOUNTS FOR GRANTEES OF THE
NATIONAL ENDOWMENT FOR DEMOCRACY.
Section 504(h)(1) of the National Endowment for Democracy
Act (22 U.S.C. 4413(h)(1)) is amended by striking
``accounts'' and inserting ``bank accounts or separate self-
balancing ledger accounts''.
SEC. 217. 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.
SEC. 218. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended by
adding at the end the following new sentence: ``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.''.
SEC. 219. USIA OFFICE IN LHASA, TIBET.
(a) Establishment of Office.--The Director of the United
States Information Agency shall 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) Applicable Laws.--Activities under subsection (a) shall
be carried out in accordance with the provisions of the
United States Information and Educational Exchange Act of
1948 and the Mutual Educational and Cultural Exchange Act of
1961.
SEC. 220. REPORTS ON UNITED STATES GOVERNMENT EXCHANGE
PROGRAMS.
(a) Presidential Report.--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:
``(f)(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 to the Bureau at a time and
in a format prescribed by the Bureau.
``(2) Not later than 90 days after the date of enactment of
this subsection, and annually thereafter, the President shall
submit to the Chairman of the Committee on Foreign Relations
and the Speaker of the House of Representatives a report
containing the information required to be reported under
paragraph (1). Such report shall include information
concerning the objectives of each exchange program supported
by the United States, the number of exchange participants,
the types of exchange activities, and the total amount of
Federal expenditures for such exchanges.''.
(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
Chairman of the Committee on Foreign Relations and the
Speaker of the House of Representatives a report--
(1) outlining the range of exchange programs administered
by the Agency;
(2) identifying possible areas of duplication or
inefficiency; and
(3) recommending program consolidation and administrative
restructuring as warranted.
SEC. 221. 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. 222. 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. 223. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE
PROGRAMS.
(a) Findings.--The Congress finds that--
(1) United States Information Agency (USIA) programs with
African countries have continued to decrease over the past
three years, occurring at a time when economic reform and the
expansion of democratic governments and institutions are
taking place in more than 25 countries across Africa;
(2) African institutions are now attempting to reform their
education sector to adjust to population and budget
pressures, and to revitalize existing infrastructure to
restore quality;
(3) higher education is the cornerstone of economic and
political development, and will help improve the well-being
of Africans citizens; and
(4) USIA programs in Africa are insufficient to meet the
expanding needs for educational development and to help
strengthen democratic, educational, and free market
institutions in Africa.
(b) Policy.--The Director of 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
American and African institutions.
SEC. 224. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT EXCHANGE
PROGRAM.
(a) Purpose.--The purpose of this section is to establish
an exchange program to bring students and teachers to the
United States for training in the fields of environment and
development, with particular emphasis on 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 1201(a) of the Higher Education
Act of 1965.
SEC. 225. USIA VOCATIONAL EXCHANGE PROGRAM.
(a) Authority.--Section 102(a) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2452) is amended
by adding at the end the following new paragraph:
``(4) vocational exchanges, by financing visits and
interchanges of professionals and skilled workers in the
fields of government, public administration, infrastructure
planning and development, business, and finance for the
purpose of increasing practical understanding, management,
and problem-solving skills in--
``(A) the institution and improvement of public
administration and infrastructure at the national,
intergovernmental, regional and local level; and
``(B) the creation and development of private enterprise
and free market systems based on the principle of private
ownership of property.''.
(b) Report.--Not later than one year 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 the action taken by the United States Information Agency
to carry out section 102(a)(4) of the Mutual Educational and
Cultural Exchange Act of 1961.
SEC. 226. 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 enter into agreements with universities for
the establishment and support of collections at appropriate
university libraries located abroad to further the study of
the United States.
(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.
SEC. 227. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE
EAST RESEARCH AND TRAINING.
Section 228(d) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended
by inserting ``and includes the Republic of Turkey'' before
the period at the end thereof.
SEC. 228. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED
STATES INFORMATION AGENCY DOCUMENTARY FILM
ENTITLED ``CRIMES AGAINST HUMANITY''.
Notwithstanding the second sentence of section 501 of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461), nor any other provision of law, the
Director of the United States Information Agency may make
available for distribution within the United States the
documentary entitled ``Crimes Against Humanity'', a film
about the ensuing conflict in the former Yugoslavia.
SEC. 229. REDUCTION IN FORCE AUTHORITY WITH REGARD TO THE
FOREIGN SERVICE.
(a) In General.--(1) Title VI of the Foreign Service Act of
1980 (22 U.S.C. 4001 et seq.) is amended--
(A) by redesignating sections 611, 612, and 613 as sections
612, 613, and 614, respectively; and
(B) by inserting after section 610 the following new
section:
``Sec. 611. Reductions in Force.--(a) The Secretary may
conduct reductions in force and may prescribe regulations for
the separation of members of the Service under such
reductions in force which give due effect to--
``(1) organizational need;
``(2) documented employee qualifications, knowledge,
skills, or competencies;
``(3) documented employee performance;
``(4) tenure of employment; and
``(5) military preference.
``(b) For purposes of this section the term `members of the
Service' means the individuals described under section
103.''.
(2) The table of contents for the Foreign Service Act of
1980 is amended by striking out the items related to section
611, 612, and 613 and inserting in lieu thereof the
following:
``Sec. 611. Reductions in force.
``Sec. 612. Termination of limited appointments.
``Sec. 613. Termination of appointments of consular agents and foreign
national employees.
``Sec. 614. Foreign Service awards.''.
(b) Management Rights.--Section 1005(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4105(a)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) to conduct reductions in force, and to prescribe
regulations for the separation of employees under such
reductions in force conducted under section 611;''.
(c) Consultation.--The Secretary of State 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).
SEC. 230. INTERNATIONAL EXCHANGE PROGRAMS INVOLVING
DISABILITY-RELATED MATTERS.
(a) Authority.--Section 102(b) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)) is
amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) promoting educational, cultural, medical, and
scientific meetings, training, research, visits,
interchanges, and other activities, with respect to
disability-related 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 the Congress
describing the steps taken during the period since the date
of enactment of this Act to implement section 102(b)(9) of
the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2452(b)(9)).
(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 carried
out under section 102(b)(9) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(9)) during
the preceding calendar year.
PART C--MIKE MANSFIELD FELLOWSHIPS
SEC. 231. SHORT TITLE.
This part may be cited as the ``Mike Mansfield Fellowship
Act''.
SEC. 232. ESTABLISHMENT OF MIKE MANSFIELD 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 233(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:
(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, 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 233.
(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 Mansfield 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.
SEC. 233. PROGRAM REQUIREMENTS.
The program established under this part shall comply with
the following requirements:
(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.
(2) Not less than 10 fellowships shall be awarded each
year.
(3) Mansfield Fellows shall agree--
(A) to maintain satisfactory progress in language training
as a condition of continued receipt of Federal funds; and
(B) 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 each Mansfield Fellow--
(A) 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) 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
cost of housing in Japan, a post allowance to cover the
significantly higher costs of living in Japan, a temporary
quarters subsistence allowance for up to 7 days for Fellows
unable to find housing immediately upon arrival 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 $3,000 for personal belongings of Fellows
and their families in their move to Japan and up to $500 for
Fellows residing outside the Washington, D.C. area in moving
to the Washington, D.C. area, 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 Mansfield Fellow not complying 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); and
(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 Mansfield 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 any Mansfield Fellow 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 Mansfield Fellow may engage in any intelligence or
intelligence-related activity on behalf of the United States
Government.
SEC. 234. 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.
(b) Reemployment.--Any Mansfield Fellow, 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 Mansfield Fellow,
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. 235. PROGRAM REVIEW AND REPORT.
(a) Program Review.--The Director of the United States
Information Agency shall review the administration of the
program assisted under this part.
(b) Annual Report.--Each year at the time of the submission
of the President's budget request to the Congress, the
Director of the United States Information Agency shall submit
to the Chairman of the Committee on Foreign Relations and the
Speaker of the House of Representatives a report completed by
the Center on the conduct of the program during the preceding
year. Each such report shall contain--
(1) an analysis of the assistance provided under the
program for the previous fiscal year and the nature of the
assistance provided;
(2) an analysis of the performance of the individuals who
received assistance under the program during the previous
fiscal year, including the degree to which assistance was
terminated under the program and the extent to which
individual recipients failed to meet their obligation under
the program; and
(3) an analysis of the results of the program for the
previous fiscal year, including, at a minimum, the cumulative
percentage of individuals who received assistance under the
program who subsequently became employees of the United
States Government and, in the case of individuals who did not
subsequently become employees of the United States
Government, an analysis of the reasons why they did not
become employees and an explanation as to what use, if any,
was made of the assistance given to those recipients.
SEC. 236. DEFINITIONS.
For purposes of this part--
(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; and
(3) the term ``Center'' means the Mansfield Center for
Pacific Affairs.
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994
SEC. 301. SHORT TITLE.
This title may be cited as the ``United States
International Broadcasting Act of 1994''.
SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
The Congress hereby finds and declares that--
(1) it is the policy of the United States to promote the
right 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 that the promotion of such communication is in
the interests of the United States;
(3) prominent in the implementation of this policy has been
United States support for the Voice of America, Radio Free
Europe, Radio Liberty, and Broadcasting to Cuba, which have
demonstrated their effectiveness in providing accurate and
timely information to the people of the world;
(4) the continuation of these broadcasting entities, and
the creation of a new broadcasting service to the people of
the People's Republic of China and the other communist
countries of Asia, would continue the promotion of
information and ideas, while advancing the goals of United
States foreign policy; and
(5) the reorganization and consolidation of these services
will achieve important economies and strengthen the
capability of the United States to utilize these
instrumentalities to support freedom and democracy in a
rapidly changing international environment.
SEC. 303. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(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'').
(b) Composition of the Board.--(1) The Board shall consist
of 8 members, as follows:
(A) Six voting members who shall be appointed by the
President, by and with the advice and consent of the Senate.
(B) The Director of the United States Information Agency
who shall also be a voting member.
(C) The Director of the International Broadcasting Bureau,
who shall be an ex officio member of the Board and may not
vote in the determinations of the Board.
(2) The President shall designate one member (other than
the Director of the United States Information Agency) as
Chairman of the Board.
(3) Exclusive of the Director of the United States
Information Agency, not more than three 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 Director of
the United States Information Agency and the Director of the
International Broadcasting Bureau of the United States
Information Agency shall remain members of the Board during
their respective terms of service. Of the other six voting
members, the initial terms of office of two members shall be
one year, and the initial terms of office of two other
members shall be two years, so that the terms of one-third of
these voting members of the Board expire each year. 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 his or her
successor has been appointed and qualified.
(d) Selection of Board.--Members of the Board appointed by
the President shall be citizens of the United States who are
not currently regular full-time employees of the United
States Government, except the Director of the United States
Information Agency. 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
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 Director of the United States Information Agency and the
Director, International Broadcasting Bureau, United States
Information Agency, shall not be entitled to any compensation
under this title, but may be allowed travel expenses as
provided in the preceding sentence.
SEC. 304. FUNCTIONS OF THE BOARD.
(a) Authorities.--The Board is authorized--
(1) to provide guidance and oversight to the International
Broadcasting Bureau;
(2) to review and evaluate the mission and operation of the
International Broadcasting Bureau and to assess the quality,
effectiveness, and professional integrity of its programming
within the context of the broad foreign policy objectives of
the United States;
(3) to review and evaluate, at least annually, the mix of
traditional Voice of America programming and surrogate
programming and make recommendations to the President,
through the Director of the United States Information Agency,
regarding the addition or deletion of language services;
(4) to make grants to RFE/RL, Incorporated, or to an
alternative entity in accordance with section 307(e);
(5) to review engineering activities to ensure that all
broadcasting elements receive the highest quality and cost-
effective delivery services;
(6) to undertake such studies as may be necessary to
identify areas in which the operations of the International
Broadcasting Bureau could be made more efficient and
economical;
(7) to submit to the President, through the Director of the
United States Information Agency, an annual report which
summarizes the activities of the Board and evaluates the
operations of the International Broadcasting Bureau;
(8) to the extent it deems necessary to carry out the
functions under this title, procure supplies, services, and
other personal property;
(9) to appoint such staff personnel for the Board as may 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; and
(10) to make available for its own use, for official
reception and representation expenses, such amount as
provided for in an annual appropriations which shall not
exceed the amount appropriated to the Board for International
Broadcasting for such purposes in fiscal year 1993.
(b) Implementation.--The Director and the Board, in
carrying out the functions of subsection (a), shall respect
the professional independence and integrity of the
International Broadcasting Bureau and its broadcasting
services.
SEC. 305. FOREIGN POLICY GUIDANCE.
To assist the Board in carrying out its functions, the
Secretary of State, acting through the Director of the United
States Information Agency, shall provide information and
guidance on foreign policy issues to the Board.
SEC. 306. INTERNATIONAL BROADCASTING BUREAU.
(a) Establishment.--There is hereby established an
International Broadcasting Bureau within the United States
Information Agency (hereafter in this title referred to as
the ``Bureau'').
(b) Organization of the Bureau.--The Bureau, in recognition
of and to implement the purposes of this title, shall consist
of the following separate elements:
(1) The Voice of America.
(2) The Office of Surrogate Broadcasting.
(3) Such services of the WORLDNET Television and Film
Service as determined by the Board with the concurrence of
the Director of the United States Information Agency.
(4) Engineering and Technical Operations.
(5) Such other elements as the Director of the
International Broadcasting Bureau may from time to time
establish with the concurrence of the Director of the United
States Information Agency and the Board.
(c) Organization of the Office of Surrogate Broadcasting.--
The Office of Surrogate Broadcasting shall administer the
grants for Radio Free Europe, Radio Liberty, and Radio Free
Asia and shall administer the Office of Cuba Broadcasting
(including Radio Marti and TV Marti), and such other
surrogate services as may from time to time be established.
(d) Selection of the Director of the Bureau.--(1) The
Director of the Bureau shall be appointed by the Chairman of
the Board, in consultation with the Director of the United
States Information Agency and with the concurrence of a
majority of the Board. The Director of the Bureau shall be
entitled to receive compensation at the rate now or hereafter
prescribed by law for level IV of the Executive Schedule.
(2) Section 5315 of title 5, United States Code, is amended
by adding at the end the following:
``Director of the International Broadcasting Bureau, the
United States Information Agency.''.
(e) Separately Identified Appropriation Account.--(1) In
any fiscal year, funding for the Board and the Bureau shall
be made out of a single appropriations account designated
``International Broadcasting Activities'' or ``International
Broadcasting Operations'', as the case may be.
(2) The Director of the Bureau shall submit proposals on
appropriation of broadcasting funds to the Board. The Board
shall forward its recommendations concerning the proposed
budget for the Board and the Bureau to the Director of the
United States Information Agency for his consideration as a
part of the Agency's budget submission to the Office of
Management and Budget.
(3) The Director of the United States Information Agency
shall 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.
(4) The Board shall allocate funds appropriated pursuant to
paragraph (1) among the separate elements of the
International Broadcasting Bureau, subject to the limitations
contained in section 307(d).
SEC. 307. GRANTS FOR RADIO FREE EUROPE, RADIO LIBERTY, AND
RADIO FREE ASIA.
(a) Authority.--The Board is authorized to make annual
grants to RFE/RL, Incorporated, for the purpose of operating
Radio Free Europe, Radio Liberty, and Radio Free Asia as
provided for in sections 308 and 309.
(b) Board Structure.--No grant may be made to RFE/RL,
Incorporated, unless the certificate of incorporation of RFE/
RL, Incorporated, has been amended to provide that--
(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Broadcasting Board of Governors
established under section 303 and of no other members;
(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 deems necessary to carry out the purposes
of the grant provided under this title; and
(3) the name of the corporation shall be amended to include
reference to Radio Free Asia, and the corporation shall be
authorized to carry out the functions described in section
308 with respect to Radio Free Asia.
(c) Location of Principal Place of Business.--(1) No grant
may be made under this section unless RFE/RL, Incorporated,
agrees to locate the headquarters of the corporation and its
senior administrative and managerial staff within the
metropolitan area of Washington, D.C.
(2) Not later than 90 days after the date of enactment of
this Act, the Board shall provide a report to Congress on the
number of administrative, managerial, and technical staff 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.
(d) Limitation on Grant Amounts.--(1) Grants made after
September 30, 1995, for the operating costs of Radio Free
Europe and Radio Liberty may not exceed $75,000,000 in any
fiscal year.
(2) Grants made for the operating costs of Radio Free Asia
may not exceed $22,000,000 in any fiscal year.
(3) The total amount of grant funds made available for one-
time capital costs of Radio Free Asia may not exceed
$8,000,000.
(4) Notwithstanding the provisions of paragraphs (1) and
(2), if RFE/RL, Incorporated, determines that there is a need
to reallocate resources between funds made available for
Radio Free Europe, Radio Liberty, and Radio Free Asia, RFE/
RL, Incorporated, may submit a request for the reallocation
of such resources to the Board, which may authorize such
reallocation after notifying the appropriate congressional
committees.
(e) Alternative Grantee.--If the Board determines at any
time that RFE/RL, Incorporated, is not carrying out the
functions described in section 308 or 309 in an effective and
economical manner, the Board may award the grant to carry out
these 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.
(f) Not a Federal Agency or Instrumentality.--Compliance
with the requirements of subsection (b) shall not be
construed to make such entity a Federal agency or
instrumentality.
SEC. 308. RADIO FREE ASIA.
(a) Authority.--(1) Grants authorized under section 307(a)
shall be available to make annual grants for the purpose of
carrying out radio broadcasting to the People's Republic of
China, Burma, Cambodia, Laos, North Korea, Tibet, or Vietnam.
(2) Such surrogate 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) 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 and the Comptroller General
of the United States a detailed plan for the establishment
and operation of Radio Free Asia, including--
(A) a description of the manner in which RFE/RL,
Incorporated, would meet the funding limitations provided in
section 307(d)(2);
(B) a statement that the authority to utilize existing
transmitters has been obtained for the broadcasting of Radio
Free Asia to countries or regions proposed in the plan, and
that existing transmitters meet the technical needs of the
new service; and
(C) a detailed justification for the number of employees
RFE/RL, Incorporated, proposes to hire, the extent to which
RFE/RL, Incorporated, intends to utilize technical or other
resources of other broadcasting entities, and the manner in
which RFE/RL, Incorporated, intends to reimburse such other
entities for such utilization of resources.
(2) The plan required by paragraph (1) shall be submitted
not later than 120 days after the date of enactment of this
Act.
(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 section 307(d)(2).
(4) The Comptroller General of the United States shall
review the plan submitted by the Board and shall, not later
than 30 days after receipt of the plan, report to the
Director of the United States Information Agency, the Board,
and the appropriate congressional committees on whether the
Comptroller General determines that the fiscal assumptions
contained in the plan are adequate and that the plan can be
implemented within the funding limitations provided for in
this section.
(5) 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 United States Information
Agency, an alternative plan and such proposed changes in
legislation as may be necessary to the appropriate
congressional committees.
(d) Grant Agreement.--(1) Grants awarded under this section
shall be subject to the same terms and conditions as are
provided in subsections (b), (c), (d), and (e) of section 309
with respect to the functions of Radio Free Europe and Radio
Liberty.
(2) Any grant agreement under this section shall require
that any contract entered into by RFE/RL, Incorporated, with
respect to Radio Free Asia shall specify that all obligations
are assumed by RFE/RL, Incorporated, and not by the United
States Government, and shall further specify that funds to
carry out the activities of RFE/RL, Incorporated, may not be
available after September 30, 1999.
(3) Any such grant agreement shall require that any lease
agreements entered into by RFE/RL, Incorporated, with respect
to Radio Free Asia shall be, to the maximum extent possible,
assignable to the United States Government.
(e) Limitations on Administrative and Managerial Costs.--
(1) 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.
(2) The Board shall include in the annual report required
by section 304(a)(7) information on the amount of funds
expended on administrative and managerial services by each of
the broadcasting services operated through the Bureau,
directly or by grant, and the steps it has taken to reduce
unnecessary overhead costs for each of the broadcasting
services.
(f) Assessment of the Effectiveness of Radio Free Asia.--
Not later than 3 years after the date funds have been
provided to RFE/RL, Incorporated, for the purpose of
operating Radio Free Asia, the Board, through the Director of
the United States Information Agency, 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 law by
the United States Information Agency or the Board,
(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 interest of the United States
is being served by maintaining broadcasting of Radio Free
Asia.
(g) 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
his 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.
(h) 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.
(i) Principal Place of Business.--Grants may only be made
to RFE/RL, Incorporated, if the principal place of business
of Radio Free Asia is within the Washington, D.C.,
metropolitan area, unless the Board determines that another
location within the United States is necessary to carry out
the functions of Radio Free Asia effectively and in a cost-
effective manner.
SEC. 309. RADIO FREE EUROPE AND RADIO LIBERTY.
(a) Authority.--Grants authorized under section 307(a)
shall be available to make annual grants for the purpose of
carrying out the same functions as were carried out by RFE/
RL, Incorporated, 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.
(b) Grant Agreement.--(1) Such grants shall be made
pursuant to a grant agreement between the Board and RFE/RL,
Incorporated, which requires that grant funds shall only be
used for activities which the Board determines are consistent
with the purposes of subsection (a) and that RFE/RL,
Incorporated, shall otherwise comply with the requirements of
this section. Failure to comply with such requirements shall
permit the grant to be terminated without fiscal obligation
to the United States.
(2) The grant agreement shall impose such conditions as the
Board determines may be appropriate pursuant to section
304(a)(3) to reduce overlapping language services and
broadcasting service with other broadcasting services
operated within the International Broadcasting Bureau.
(3) The grant agreement shall require RFE/RL, Incorporated,
to justify in detail each proposed expenditure of grant
funds, and such funds may not be used for any other purpose
unless the Board gives its prior written approval.
(c) Prohibited Uses of Grant Funds.--No grant funds
provided under this section may be used--
(1) to pay any salary or other compensation, or enter into
any contract providing for the payment thereof 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 an amount in excess of the
rate of pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code and that
the salary or other compensation limitations provided for in
this paragraph shall not be imposed prior to January 1, 1995,
with respect to any employee covered by a union agreement
requiring a different salary or other compensation;
(2) to pay 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 beyond those required by United States law or the
laws of the country where the employee is stationed;
(4) to pay for first class travel for any employee of RFE/
RL, Incorporated, or the employee's relative; or
(5) to compensate freelance contractors without the written
approval of the Director.
(d) Report on Management Practices.--Not later than March
31 and September 30 of each calendar year, the Inspector
General of the United States Information Agency shall submit
to the Board, the Director of the United States Information
Agency, and the Congress a report on management practices of
RFE/RL, Incorporated, under this section during the preceding
6-month period. The Inspector General of the United States
Information Agency 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.
(e) Audit Authority.--(1) Such financial transactions of
RFE/RL, Incorporated, as relate to functions carried out
under this section may be audited by the General Accounting
Office in accordance with such principles and procedures and
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit
shall be conducted at the place or places where accounts of
RFE/RL, Incorporated, are normally kept.
(2) The representatives of the General Accounting Office
shall have access to all books, accounts, records, reports,
files, and all other papers, things or property belonging to
or in use by the private entity pertaining to such financial
transactions and necessary to facilitate the 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, the
Inspector General of the United States Information Agency is
authorized to exercise the authorities of the Inspector
General Act of 1978 with respect to RFE/RL, Incorporated.
(g) Plan for Relocation.--Before relocating the activities
of RFE/RL, Incorporated, in the Federal Republic of Germany
to another site, the Board for International Broadcasting or
the Board, if established, shall submit to the Comptroller
General of the United States and the appropriate
congressional committees a detailed plan for such relocation,
including cost estimates. No funds made available under law
may be used for such relocation unless explicitly provided in
an appropriation Act or pursuant to a reprogramming
notification. Any plan developed pursuant to this subsection
shall include provisions for relocating the senior
administrative and management personnel of RFE/RL,
Incorporated, to the geographic area of Washington, D.C., as
provided for in section 307(c).
(h) Reports on Personnel Classification.--(1) Not later
than 3 months after the date of enactment of this Act, the
Board for International Broadcasting shall submit a report to
the Office of Personnel Management 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.
(2) Not later than 9 months after submission of the report
referred to in paragraph (1), the Office of Personnel
Management shall submit to Congress a report containing an
evaluation of the system of personnel classification used by
RFE/RL, Incorporated, with respect to its employees.
(3) The report submitted by the Office of Personnel
Management 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.
SEC. 310. TRANSITION.
(a) Authorization.--(1) The President is authorized 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 as may be
necessary to implement this title.
(2)(A) Not later than 120 days after the date of enactment
of this Act, the Director of the United States Information
Agency and the Chairman of the Board for International
Broadcasting shall jointly prepare and submit to the
President for approval and implementation a plan to implement
the provisions of this title. Such report shall include at a
minimum a detailed cost analysis to implement fully the
recommendations of such plan. Additionally, such plan shall
identify all costs in excess of those authorized for such
purposes and shall provide that any excess cost to implement
such plan shall be derived only from funds authorized in
title II, part A, section 201(a)(1) of this Act.
(B) The President shall transmit copies of the approved
plan, together with any recommendations for legislative
changes that may be necessary, to the appropriate
congressional committees.
(b) New Appointees.--The Director of the United States
Information Agency may assign employees of the Agency for
service with RFE/RL, Incorporated, with the concurrence of
the president of RFE/RL, Incorporated. Such assignment shall
not affect the rights and benefits of such personnel as
employees of the United States Information Agency.
(c) Board for International Broadcasting Personnel.--All
Board for International Broadcasting full-time United States
Government personnel (except special Government employees)
and part-time United States Government personnel holding
permanent positions shall be transferred to the United States
Information Agency, the Board, or the Bureau. Such transfer
shall not cause any such employee to be separated or reduced
in grade or compensation.
(d) Other Authorities.--The Director of the United States
Information Agency is authorized to utilize the provisions of
titles VIII and IX of the United States Information and
Educational Exchange Act of 1948, and any other authority
available to the Director on the date of enactment of this
Act, to the extent that the Director deems necessary in
carrying out the provisions and purposes of this title.
(e) Repeal.--The Board for International Broadcasting Act
of 1973 (22 U.S.C. 2871, et seq.) is repealed effective
September 30, 1995, or the earliest date by which all members
of the Board are appointed, whichever is later.
(f) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title; and
(B) which 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 Director of the
United States Information Agency or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(2) Proceedings not affected.--The provisions of this title
shall not affect any proceedings pending before the Board for
International Broadcasting at the time this title takes
effect, with respect to functions transferred by this title,
but such proceedings shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if
this title had not been enacted, and orders issued in any
such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this title had not been enacted.
(3) Suits not affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Board for
International Broadcasting or by or against any individual in
the official capacity of such individual as an officer of the
Board for International Broadcasting shall abate by reason of
the enactment of this title.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Board for
International Broadcasting relating to a function transferred
under this title may be continued by the United States
Information Agency with the same effect as if this title had
not been enacted.
(6) References.--A reference in any provision of law,
reorganization plan, or other authority to the Associate
Director for Broadcasting of the United States Information
Agency shall be considered to be a reference to the Director
of the International Broadcasting Bureau of the United States
Information Agency.
(7) Effect on other laws.--The provisions of, and
authorities contained in or transferred pursuant to, this
title are not intended to repeal, limit, or otherwise
derogate from the authorities or functions of or available to
the Director of the United States Information Agency or the
Secretary of State under law, reorganization plan, or
otherwise, unless such provision hereof--
(A) specifically refers to the provision of law or
authority existing on the effective date of this title, so
affected; or
(B) is in direct conflict with such law or authority
existing on the effective date of this title.
SEC. 311. 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.
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 for the International
Broadcasting Bureau established by section 306 of this Act an
analysis and recommendations for achieving the objectives of
subsection (a).
(c) Reports on Transfer of RFE/RL Research Institute.--No
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.
SEC. 313. DEFINITIONS.
For the purposes of this title--
(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 and the Committee on Appropriations of the House of
Representatives;
(2) the term ``Director'' means the Director of the
International Broadcasting Bureau, acting through the Office
of Surrogate Broadcasting;
(3) 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).
(4) 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.
TITLE IV--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protection and Reduction
of Government Secrecy Act''.
SEC. 402. PURPOSE.
It is the purpose of this title to establish for a two year
period a Commission on Protecting and Reducing Government
Secrecy which will examine the implications of the extensive
classification of information and to make recommendations to
reduce the volume of information classified and to thereby
strengthen the protection of legitimately classified
information.
SEC. 403. FINDINGS.
The Congress makes the following findings:
(1) During the Cold War an extensive secrecy system
developed which limited the public's access to information
and reduced the ability of the public to participate with
full knowledge in the process of governmental decision-
making;
(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 industries spend
over $14 billion per year implementing government mandated
regulations for protecting classified information;
(5) If a smaller amount of truly sensitive information was
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;'' and
(7) 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. 404. FUNCTIONS OF THE COMMISSION.
The functions of the Commission shall be--
(1) to conduct, for not more than a period of 2 years, an
investigation into all matters in any way related to any
legislation, executive order, regulation, practice, or
procedure relating to the access to or the classification of
information or involving security clearances; and
(2) to make such recommendations concerning the
classification of national security information as the
Commission shall deem necessary, including proposing new
legislation.
SEC. 405. COMPOSITION OF THE COMMISSION.
(a) Establishment.--To carry out the purposes 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, 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 Members of the Senate (one from each of the two
major political parties) and two from private life.
(3) Four members appointed by the Speaker of the House of
Representatives, two from Members of the House of
Representatives (one from each of the two major political
parties) and two from private life.
(c) Chairman and Vice Chairman.--The Commission shall elect
a Chairman and a Vice Chairman from among its members.
(d) Quorum; Vacancies.--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) Compensation and Travel Expenses.--(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 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) 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. 406. POWERS OF THE COMMISSION.
(a) In General.--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, memoranda,
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.
(b) Cooperation With Other 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 or Vice
Chairman.
SEC. 407. STAFF OF THE COMMISSION.
(a) In General.--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.
(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. 408. FINAL REPORT OF COMMISSION; TERMINATION.
(a) Final Report.--Not later than two years after the date
of enactment of this title, the Commission shall submit to
the President and to the Congress its final report and
recommendations.
(b) Termination.--The Commission, and all the authorities
of this title, shall terminate two years after the date of
enactment of this Act, or upon the submission of the final
report and recommendations in accordance with subsection (a),
whichever comes first.
TITLE V--SPOILS OF WAR ACT OF 1993
SEC. 501. SHORT TITLE.
This title may be cited as the ``Spoils of War Act of
1993''.
SEC. 502. 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.
(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. 503. 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.
SEC. 504. 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.
SEC. 505. DEFINITIONS.
As used in this title--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs 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. 506. CONSTRUCTION.
Nothing in this title shall apply to--
(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.
TITLE VI--THE KHMER ROUGE PROSECUTION AND EXCLUSION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Khmer Rouge Prosecution
and Exclusion Act''.
SEC. 602. POLICY.
The Congress urges the President--
(1) promptly and actively to assist appropriate
organizations to collect relevant data on crimes against
humanity committed by the Khmer Rouge in Cambodia between
April 17, 1975 and January 7, 1979;
(2) to carry out paragraph (1) consistent with the
Agreement on a Comprehensive Political Settlement of the
Cambodia Conflict, signed at Paris on October 23, 1991; and
(3) to promote vigorously the establishment of a national
or international criminal tribunal for the prosecution of
those accused of genocide in Cambodia.
SEC. 603. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.
(a) Establishment.--(1) There is established within the
Department of State the Office of Cambodian Genocide
Investigation (hereafter in this Act referred to as the
``Office'').
(2) The Office shall carry out its operations solely within
Cambodia.
(3) The Secretary of State shall designate an officer or
employee of the Department of State to serve as Director of
the Office.
(b) Administration.--(1) The Assistant Secretary of State
for East Asian and Pacific Affairs (or any successor
Assistant Secretary) shall administer the Office.
(2) The Secretary of State shall make available to the
Office such personnel and office space in Cambodia as the
Office may require.
(c) Purpose.--The purpose of the Office shall be--
(1) to investigate crimes against humanity committed by
national Khmer Rouge leaders in the period beginning on April
17, 1975 and ending January 7, 1979;
(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.
SEC. 604. 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--
(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--
(A) which are not related to United Nations activities in
Cambodia; and
(B) which are consistent with Article 15 of the Agreement
on a Comprehensive Political Settlement of the Cambodia
Conflict, signed at Paris on October 23, 1991.
(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 of the House of Representatives.
SEC. 605. EXCLUSION FROM THE UNITED STATES.
(a) Amendment to the Immigration and Nationality Act.--
Section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) is amended by adding at the end thereof the
following new paragraph:
``(10)(A) Any alien, who, at any time during the period
beginning on April 17, 1975, and ending on January 7, 1979,
was a member of the national military or political leadership
of the Khmer Rouge, is excluded.
``(B) For purposes of this paragraph, the national military
and political leadership of the Khmer Rouge includes, but is
not limited to, the following persons: Pol Pot, Khieu
Samphan, Son Sen, Ieng Sary, Nuon Chea, Ke Pauk, Mok, Ieng
Thirith, and Yun Yat.''.
(b) Policy Regarding Admission to Foreign Countries.--The
Congress urges the President to encourage foreign governments
similarly to exclude from their countries former and present
Khmer Rouge leaders described in section 212(a)(10) of the
Immigration and Nationality Act.
TITLE VII--MISCELLANEOUS
SEC. 701. PEACE CORPS.
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.
SEC. 702. 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:
(1) it is the sense of the Congress that the United States
should seek to establish a dialog with the Dalai Lama 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 United States-
Tibetan Government-in-Exile relations and on conditions in
Tibet.
(b) Separate Tibet Reports.--(1) Whenever a report is
transmitted to the Congress on a country-by-country basis
there shall be included in such report, where applicable, a
separate report on Tibet listed alphabetically with its own
state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating
to human rights).
SEC. 703. POLICY ON MIDDLE EAST ARMS SALES.
(a) Boycott of Israel.--Section 322 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138) is amended--
(1) in paragraph (2), by striking ``and'' at the end; and
(2) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) does not participate in the Arab League primary or
secondary boycott of Israel.''.
(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 (Public Law 102-138) are
being met.
SEC. 704. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) Offense.--Chapter 113A of title 18, United States Code,
is amended by adding at the end the following new section:
``SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
``Whoever, within the United States, provides material
support or resources or conceals or disguises the nature,
location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section
32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,
1751, 2280, 2281, 2332, or 2339A of this title or section
902(i) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(i)), or in preparation for, or carrying out, the
concealment or an escape from the commission of any of the
foregoing, shall be fined under this title, imprisoned not
more than 10 years, or both. For purposes of this section,
the term `material support or resources' includes 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) Technical Amendment.--The chapter analysis for chapter
113A of title 18, United States Code, as amended by section
601(b)(1), is amended by adding at the end the following new
item:
``2339. Providing material support to terrorists.''.
SEC. 705. TORTURE CONVENTION IMPLEMENTATION.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 113A the following new
chapter:
``CHAPTER 113B--TORTURE
``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``SEC. 2340. DEFINITIONS.
``As used in this chapter--
``(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 with custody or physical control;
``(2) `severe mental pain or suffering' means the prolonged
mental harm caused by or resulting from--
``(A) the intentional infliction or threatened infliction
of severe physical pain or suffering;
``(B) the administration or application, or threatened
administration or application, of mind-altering substances or
other procedures calculated to disrupt profoundly the senses
or the personality;
``(C) the threat of imminent death; or
``(D) the threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses
or personality; and
``(3) `United States' includes all areas under the
jurisdiction of the United States including any of the places
described in sections 5 and 7 of this title and section
101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1301(38)).
``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 imprisoned for any term of years or for
life.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a) if--
``(1) the alleged offender is a national of the United
States; or
``(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.
``SEC. 2340B. EXCLUSIVE REMEDIES.
``Nothing in this chapter shall be construed as precluding
the application of State or local laws on the same subject,
nor shall anything in this chapter be construed as creating
any substantive or procedural right enforceable by law by any
party in any civil proceeding.''.
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after
the item relating to chapter 113A the following new item:
``113B. Torture............................................2340.''.....
(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.
SEC. 706. APPLICABILITY OF TAIWAN RELATIONS ACT.
Section 3 of the Taiwan Relations Act (22 U.S.C. 3301) is
amended by adding at the end the following new subsection:
``(d) The provisions of subsections (a) and (b) of this
section shall supersede any provision of the August 17, 1982,
Joint United States-China Communique related to these matters
and regulations, directives, and policies based thereon.''.
SEC. 707. REPORTS ON RELATIONS WITH TAIWAN.
Section 12 of the Taiwan Relations Act (22 U.S.C. 3311(d))
is amended by adding at the end the following new subsection:
``(d) Beginning February 1, 1994, and on February 1 of each
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 describing and
reviewing economic relations between the United States and
Taiwan.''.
SEC. 708. UNITED STATES POLICY CONCERNING IRAQI KURDISTAN.
(a) Findings.--The Congress finds that--
(1) the international community, pursuant to United Nations
Security Council Resolution 688, and with the continuation of
Operation Provide Comfort, supports the protection of Iraqi's
Kurdish and other ethnic and religious minorities;
(2) notwithstanding the international community's resolve,
certain areas of Iraqi Kurdistan remain at risk of an Iraqi
invasion;
(3) despite the threat of an Iraqi invasion, the Kurds,
along with other minority ethnic and religious groups, have
initiated a drive toward self-sufficiency, including--
(A) holding free and fair democratic elections to establish
a parliament, which supports Iraq's territorial integrity and
the transition to a unified, democratic Iraq;
(B) planning for and administering public services;
(C) reconstructing and rehabilitating the basic
infrastructure of Iraqi Kurdistan; and
(D) establishing unified police and security forces;
(4) despite the provision of substantial international
humanitarian assistance, and despite the fact that the United
Nations blockade on Iraq contains exceptions for
humanitarian-related items, the inhabitants of Iraqi
Kurdistan still face difficulties because of an internal
Iraqi government blockade; and
(5) the Kurds and other ethnic and religious minorities,
with appropriate additional support, would have the ability
to meet their goal of self-sufficiency and move beyond the
need for international assistance.
(b) 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 in Iraqi Kurdistan pursuant to
Security Council Resolution 688; and
(B) 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;
(2) continue to advocate the transition to a unified,
democratic Iraq;
(3) take steps to design a multilateral assistance program
for the people of Iraqi Kurdistan that supports their efforts
to attain self-sufficiency through the provision of--
(A) financial and technical assistance through the
democratically elected Kurdish administration to enable the
exploitation of natural resources such as oil; and
(B) financial assistance to support the legitimate self-
defense and security needs of the people of Iraqi Kurdistan;
and
(4) 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 is enhanced by
the measures taken under this section.
SEC. 709. ADDITIONAL SANCTIONS AGAINST NORTH KOREA.
(a) In General.--Notwithstanding any other provision of
law, no license, instruction, rule, regulation, or order
issued under section 5 of the Trading With the Enemy Act of
1917 (50 U.S.C. App. 5) may--
(1) authorize any transaction involving the commercial sale
of any good or technology to North Korea; or
(2) authorize any transaction involving the provision of
services for travel to North Korea which was not otherwise
authorized as of January 2, 1989.
(b) Waiver.--The President may waive the application of
subsection (a) if the President determines that such a waiver
would serve the national interest.
SEC. 710. WAIVER OF SANCTIONS WITH RESPECT TO THE REPUBLIC OF
SERBIA AND THE REPUBLIC OF MONTENEGRO TO
PROMOTE DEMOCRACY ABROAD.
(a) Authority.--Notwithstanding any other provision of law,
the President is authorized and encouraged to exempt from
sanctions imposed against the Republic of Serbia and the
Republic of Montenegro those United States-supported
programs, projects, or activities involving reform of the
electoral process, or the development of democratic
institutions or democratic political parties, in these two
countries.
(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 Republic of Serbia or the Republic of
Montenegro, should take account of the exemption described in
subsection (a).
SEC. 711. CLAIMS BASED ON LETTERS OF CREDIT FOR GOODS SHIPPED
BUT NOT PAID FOR BEFORE IMPOSITION OF NATIONAL
EMERGENCY.
Title I of the International Claims Settlement Act of 1949
(22 U.S.C. 1621 et seq.) is amended by adding at the end the
following new section:
``Sec. 10. Notwithstanding any other provision of law,
funds on deposit in United States banks that have been
blocked under the International Emergency Economic Powers Act
in accounts of foreign banks that issued or confirmed letters
of credit for the benefit of United States nationals may be
released to pay such letters of credit if the United States
beneficiaries lawfully shipped goods or otherwise performed
underlying contractual obligations based on such letters of
credit before the declaration of a national emergency
pursuant to that Act.''.
SEC. 712. 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.
(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.
SEC. 713. SENSE OF SENATE ON THE PEACE PROCESS IN NORTHERN
IRELAND.
(a) Findings.--The Senate makes the following findings:
(1) The people of Northern Ireland, Ireland, and Great
Britain earnestly seek a peaceful end to a conflict in the
North of Ireland which has caused more than 3,000 deaths
since 1969.
(2) The people of the United States, many of whom share a
common ancestry and cultural roots with the people of
Northern Ireland, Ireland, and Great Britain, are deeply
concerned about the continuing conflict and desire to
facilitate an early resolution to the conflict.
(3) In 1993, John Hume, head of the Social Democratic and
Labour Party and Gerry Adams, President of Sinn Fein,
conducted talks on the conflict.
(4) These talks were a significant contribution to a
climate encouraging peace in the North of Ireland.
(5) The Government of the United Kingdom and the Government
of Ireland have held talks on Northern Ireland culminating in
the Joint Declaration issued by the two governments on
December 15, which declaration offers a framework for lasting
peace in the region.
(b) Sense of Senate.--It is the sense of the Senate that
the United States should 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.
SEC. 714. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.
Section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) is amended by adding at the end the
following new paragraphs:
``(5) Upon the request of the chairman or ranking minority
member of the Committee on Foreign Relations or the Committee
on Banking, Housing and Urban Affairs of the Senate or the
Committee on Foreign Affairs or the Committee on Banking,
Finance and Urban Affairs of the House of Representatives,
the President shall include in the notification required by
paragraph (2)--
``(A) a detailed description of the goods or services to be
offered, including a brief description of the capabilities of
any article for which a license to export is sought;
``(B) an evaluation, prepared by the Director of the Arms
Control and Disarmament Agency, in consultation with the
Secretary of State and the Secretary of Defense, of the
manner, if any, in which the proposed export would--
``(i) contribute to an arms race;
``(ii) support international terrorism;
``(iii) increase the possibility of an outbreak or
escalation of conflict;
``(iv) prejudice the negotiation of any arms controls; or
``(v) adversely affect the arms control policy of the
United States;
``(C) the reasons why the foreign country or international
organization to which the export or transfer is proposed to
be made needs the goods or services which are the subject of
such export or transfer and a description of the manner in
which such country or organization intends to use such
articles, services, or design and construction services;
``(D) the reasons why the proposed export or transfer is in
the national interest of the United States;
``(E) an analysis by the President of the impact of the
proposed export or transfer on the military capabilities of
the foreign country or international organization to which
such export or transfer would be made;
``(F) an analysis by the President of the manner in which
the proposed export would affect the relative military
strengths of countries in the region to which the goods or
services which are the subject of such export would be
delivered and whether other countries in the region have
comparable kinds and amounts of articles, services, or design
and construction services;
``(G) an analysis of the impact of the proposed export or
transfer on the United States relations with the countries in
the region to which the goods or services which are the
subject of such export would be delivered;
``(H) the projected delivery dates of the goods or services
to be offered; and
``(I) a detailed description of weapons and levels of
munitions that may be required as support for the proposed
export.
``(6) If the Congress within 30 calendar days after
receiving a notification under paragraph (2) enacts a joint
resolution prohibiting the proposed export, then no license
may be issued, unless the President states in his
notification that an emergency exists which requires such
export in the national security interest of the United
States. If the President so states that an emergency exists,
he shall set forth in the notification a detailed
justification for his determination, including a description
of the emergency circumstances which necessitate the
immediate issuance of the license and a discussion of the
national security interest involved.
``(7)(A) Any joint resolution under this subsection shall
be considered in the Senate in accordance with the provisions
of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976.
``(B) For the purpose of expediting the consideration and
enactment of joint resolutions under this subsection, a
motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House
of Representatives.
``(8) For purposes of this section, the terms `export' and
`transfer' shall include any reexport, third party transfer
or other consignment of United States-origin goods or
services.''.
SEC. 715. REPORTS UNDER THE ARMS EXPORT CONTROL ACT.
(a) Quarterly Reports.--Section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) a listing of all offset agreements proposed to be
entered into in connection with the sale of any defense
article or defense service.''.
(b) Numbered Certifications With Respect to Government-to-
Government Sales.--Section 36(b)(1) of the Arms Export
Control Act (22 U.S.C. 2776(b)(1)) is amended after the
second sentence by inserting the following new sentence:
``Each such numbered certification shall contain a
description of any offset agreement proposed to be entered
into in connection with such letter of offer to sell.''.
(c) Numbered Certifications With Respect to Commercial
Exports.--Section 36(c)(1) of the Arms Export Control Act (22
U.S.C. 2776(c)(1)) is amended after the first sentence by
inserting the following new sentence: ``Each such numbered
certification shall also contain a description of any offset
agreement proposed to be entered into in connection with such
export.''.
(d) Definitions.--Section 36 of the Arms Export Control Act
(22 U.S.C. 2776) is amended by adding at the end the
following:
``(e) For purposes of this section--
``(1) the term `offset agreement' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to purchase
or acquire, or to promote the purchase or acquisition by
other United States persons of, goods or services produced,
manufactured, grown, or extracted, in whole or in part, in
that foreign country in consideration for the purchase by the
foreign country of defense articles or defense service from
the supplier; and
``(2) the term `United States person' means--
``(A) an individual who is a national or permanent resident
alien of the United States;
``(B) any corporation, business association, partnership,
trust, or other juridical entity--
``(i) organized under the laws of the United States or any
State, district, territory, or possession thereof; or
``(ii) owned or controlled in fact by individuals described
in subparagraph (A); and
``(C) the United States Government or any agency or
instrumentality thereof.''.
SEC. 716. PROHIBITION ON THIRD PARTY INCENTIVE PAYMENTS UNDER
THE ARMS EXPORT CONTROL ACT.
Section 39 of the Arms Export Control Act (22 U.S.C. 2779)
is amended by adding at the end the following new subsection:
``(e)(1) No sale may be made, no credits may be extended,
no guarantees may be issued, and no licenses may be approved
under this Act with respect to the sale of any defense
article or defense service to a foreign country unless the
United States supplier of such articles or services first
certifies that neither the supplier nor any employee, agent,
or subcontractor thereof will make any third-party incentive
payments for the purpose of satisfying, in whole or in part,
any offset agreement with that country.
``(2) For purposes of this subsection--
``(A) the term `offset agreement' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to purchase
or acquire, or to promote the purchase or acquisition by
other United States persons of, goods or services produced,
manufactured, grown, or extracted, in whole or in part, in
that foreign country in consideration for the purchase by the
foreign country of defense articles or defense services from
the supplier;
``(B) the term `third-party incentive payments' means cash
incentives, fees, or compensation of any kind made by a
United States supplier of defense articles or defense
services or by any employee, agent, or subcontractor thereof
to any other United States person to induce that United
States person to purchase or acquire goods or services
produced, manufactured, grown, or extracted, in whole or in
part, in the foreign country which is purchasing those
defense articles or services; and
``(C) the term `United States person' means--
``(i) an individual who is a national or permanent resident
alien of the United States;
``(ii) any corporation, business association, partnership,
trust, or other juridical entity--
``(I) organized under the laws of the United States or any
State, district, territory, or possession thereof; or
``(II) owned or controlled in fact by individuals described
in subparagraph (A); and
``(iii) the United States Government or any agency or
instrumentality thereof.''.
SEC. 717. SENSE OF SENATE ON UNITED STATES POLICY ON NUCLEAR
WEAPONS PROLIFERATION BY NORTH KOREA.
(a) Findings.--The Senate makes the following findings:
(1) North Korea is a signatory to the Treaty on the Non-
Proliferation of Nuclear Weapons.
(2) The International Atomic Energy Agency is charged with
ensuring that signatories to that treaty meet their
obligations under the treaty.
(3) The agency fulfills that mission principally by
inspections of nuclear facilities and by other legitimate
means necessary to ensure that signatories are in compliance
with the terms and obligations of the treaty.
(4) North Korea is the location of seven declared nuclear
sites whose inspection is provided for under the terms of the
treaty.
(5) The International Atomic Energy Agency suspects that
North Korea is also the site of at least two additional
undeclared nuclear sites at which liquid and solid nuclear
waste is being stored.
(6) Inspection of the undeclared nuclear sites is necessary
to ensure the compliance of North Korea with the terms of the
treaty.
(7) The Government of North Korea is attempting to place
significant restrictions on inspections of its declared
nuclear sites and is refusing any inspections of its
undeclared nuclear sites.
(8) The national security interests of the United States
require the curtailment of the proliferation of weapons of
mass destruction, particularly nuclear weapons.
(9) To ensure advancement of the goal of nuclear
nonproliferation, a signatory to the Treaty on the Non-
Proliferation of Nuclear Weapons must permit inspections of
its facilities and comply with any other legitimate requests
of the International Atomic Energy Agency that are necessary
to ensure that the country is in compliance with the terms
and obligations of the treaty.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the President should not engage in negotiations
connected with normalization of relations with the Government
of North Korea until that government meets its full
obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons, including any inspection of nuclear sites
located in North Korea sufficient to ensure the full
compliance by the Government of North Korea with the terms
and obligations of the treaty; and
(2) the President undertake such diplomatic activity with
respect to the People's Republic of China as is appropriate
to enlist the assistance of that country in gaining the
compliance of the Government of North Korea with its
obligations under the treaty.
(c) Definition.--In this section, the term ``normalization
of relations'' means the following:
(1) Disbanding the United Nations Forces Command and
withdrawing United States troops from the Republic of Korea.
(2) Lifting restrictions on trade with and investment in
North Korea that are imposed pursuant to United States law on
trade with hostile states.
(3) Expanding economic cooperation with North Korea.
(4) Assisting the entry of the North Korea Government into
international organizations relating to economic activity.
(5) Granting the diplomatic recognition of the United
States to the Government of North Korea.
SEC. 718. SENSE OF SENATE ON NORMALIZATION OF 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, 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.
SEC. 719. STUDY OF DEMOCRACY PROGRAM EFFECTIVENESS.
(a) Findings.--The Congress finds that--
(1) the National Endowment for Democracy will fund
$35,000,000 in democracy development programs overseas in
fiscal year 1994;
(2) the Agency for International Development will fund
approximately $400,000,000 worth of democracy development
programs overseas in fiscal year 1994;
(3) it is in the interest of the United States to have a
coordinated approach to the funding of international
democracy programs supported by United States Government
funds;
(4) both the Agency for International Development and the
National Endowment for Democracy have funded overlapping
programs in the same country; and
(5) the recent study of the independent Board for
International Broadcasting and the United States Information
Agency's Voice of America yielded a plan for a new, more
cost-effective structure for United States Government-
sponsored broadcasting that reduces cost and increases
coordination.
(b) Report.--(1) Not later than 60 days after the date of
enactment of this Act, the President shall establish a
commission for the purpose of conducting a study of United
States Government-funded democracy support activities,
including activities funded through the National Endowment
for Democracy and the Agency for International Development.
Such commission shall submit a report to the President and to
the appropriate committees of the Congress on a streamlined,
cost-effective organization of United States democracy
assistance.
(2) The report shall include--
(A) a review of all United States-sponsored democracy
programs and identification of those programs that are
overlapping;
(B) 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;
(C) a review of the current United States Government
organization for the delivery of democracy assistance and
recommended changes to reduce cost and streamline overhead
involved in the delivery of democracy assistance; and
(D) 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 overall coordination and
consolidation of the effort.
(3) The report required by paragraph (1) shall be submitted
not later than 180 days after the commission is established.
SEC. 720. HIGH-LEVEL VISITS TO TAIWAN.
It is the sense of the Congress that--
(a) The President should be commended for his meeting with
Taiwan's Minister of Economic Affairs during the Asia-Pacific
Economic Cooperation Conference in Seattle;
(b) The President should send Cabinet-level appointees to
Taiwan to promote American interests and to ensure the
continued success of United States business in Taiwan;
(c) 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. 721. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN
SKIES TREATY DATA.
(a) In General.--Data 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 or any other Act--
(1) in the case of data with respect to a foreign country--
(A) if the country has not disclosed the data to the
public; and
(B) 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; or
(2) in the case of data with respect to the United States,
if disclosure of such data could be reasonably expected to
cause substantial harm to the national defense as determined
by the Secretary of Defense or to the foreign relations of
the United States as determined by the Secretary of State.
(b) Extension of Withholding of Certain Data.--(1) For
purposes of subsection (a)(2), data held for a period of 5
years from the date of collection shall be deemed not to
cause substantial harm to the national defense or foreign
relations of the United States and shall be released unless
the head of the agency that made the initial determination
determines otherwise, in which case the data may be withheld
for an additional period or periods of 5 years each.
(2) In no case may data be withheld under this subsection
for more than 10 years from the date of collection.
(3) Determinations under this subsection may not be
delegated.
(c) Statutory Construction.--This section constitutes a
specific exemption within the meaning of section 552(b)(3) of
title 5, United States Code.
(d) 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. 722. 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
Secretary of Defense is authorized to transfer to the
Republic of Korea, in return for concessions to be negotiated
by the Secretary, 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
by the Secretary of Defense 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 Secretary of Defense shall transmit to the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs 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.
(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. 723. PILOT VISA WAIVER PROJECT FOR KOREANS VISITING
ALASKA AND HAWAII.
(a) Congressional Findings.--The Congress finds that--
(1) travel and tourism play a major role in reducing the
United States unfavorable balance of trade;
(2) the characteristics of the Korean travel market do not
permit long-term planning for longer trips;
(3) applications for United States visas cannot now be
processed in a reasonable period of time;
(4) the United States Department of State has directed
reductions in staff at the United States Embassy in Seoul,
which promise to further expand the time necessary for
potential Korean travelers to obtain a United States visa;
(5) most of the nations of the South Pacific and Europe do
not currently require Koreans entering their countries to
have a visa, thus providing them with a serious competitive
advantage;
(6) the United States territory of Guam has been permitted
by the United States Government to eliminate visa
requirements for Koreans visiting Guam, with resultant
impressive increases in travel and tourism from the Republic
of Korea;
(7) the existing procedures to add any nation, including
the Republic of Korea, to the group of favored nations
exempted from United States visa regulations, would require
many years during which time the United States could well
lose its competitive advantages in attracting travel and
tourism from the Republic of Korea; and
(8) the Republic of Korea as a gesture of goodwill has
already unilaterally released United States travelers to the
Republic of Korea from the necessity of obtaining a visa.
(b) Policy.--The Secretary of State shall explore the
procedures necessary to inaugurate a pilot study project
which--
(1) would be aimed at greatly reducing the time and
formalities needed to permit the Republic of Korea to join
the other visa-waiver nations of the world; and
(2) would immediately permit the noncontiguous States of
Alaska and Hawaii to join Guam as visa-free destinations for
Korean travelers.
(c) Description of Pilot Project.--A pilot project
conducted under subsection (a) should consist of the
following elements:
(1) United States visas would be declared unnecessary for
Koreans visiting Alaska or Hawaii.
(2) At United States Customs passport control stations in
Alaska and Hawaii, Koreans would be expected to display their
return trip airline ticket, with return to be effected within
2 weeks.
(3) At the end of 1 year, if immigration violations do not
exceed the numbers experienced for Koreans entering other
United States gateways, then the Department of State should
consider extending visa waivers to all Koreans visiting the
United States.
(d) Effective Date; Termination Date.--A pilot project
conducted under subsection (a) should begin not later than
May 1, 1994, and should terminate April 30, 1995.
SEC. 724. EUROPEAN NATIONS PARTICIPATION IN NATO.
(a) The Congress finds that:
(1) The Warsaw Pact has been disbanded and replaced by
governments with legitimate political, economic and security
interests;
(2) It is in the national interests of the United States to
preserve European regional stability through the promotion of
political and economic freedom and respect for territorial
integrity and national sovereignty;
(3) The North Atlantic Treaty Organization has served and
advanced United States and European interests in political
stability and collective security for forty-five years;
(4) The Partnership for Peace is a positive step towards
maintaining and furthering that security, a step that gives
the nations of the East time to prepare for membership,
therefore
(b) It is the sense of the Senate that:
(1) European nations which demonstrate both the capability
and willingness to support collective defense requirements
and established democratic practices including free, fair
elections, civilian control of military institutions, respect
for territorial integrity and the individual liberties of its
citizens, share the goals of the North Atlantic Treaty
Organization; and
(2) The United States should urge prompt admission to NATO
for those nations after they have demonstrated such
capability and willingness as set forth in paragraph (1).
SEC. 725. 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 has 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 Senate 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. 726. POLICY ON PREPARING TO REINTRODUCE OF TACTICAL
NUCLEAR WEAPONS TO THE KOREAN PENINSULA.
(a) Findings.--The Congress makes the following findings:
(1) It was announced by South Korean President Roh Tae Woo
on December 18, 1991, that all tactical nuclear weapons had
been removed from the Korean peninsula.
(2) On December 31, 1991, North Korea agreed to a
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.
(3) On January 30, 1992, North Korea signed a nuclear
safeguards agreement with the International Atomic Energy
Agency (IAEA), allowing for IAEA regular inspections of
nuclear facilities designated by North Korea.
(4) Negotiations between North and South Korea over
implementation of the bilateral denuclearization agreement
have stalled.
(5) North Korea stated its intention on March 12, 1993, to
withdraw from the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT), done on July 1, 1968.
(6) North Korea said it would ``suspend as long as it
considers necessary'' its withdrawal from the Treaty on June
11, 1993, but continues to refuse to fully comply with Treaty
provisions requiring regular inspections of declared nuclear
facilities and allowing special inspections of undeclared
sites.
(7) North Korea is the only country to ever formally
threaten to withdraw from the Treaty, and effectively remains
in a state of noncompliance with the Treaty.
(8) President Clinton has stated that the United States
objective is a Korean peninsula free of nuclear weapons, and
reaffirmed the United States security commitment to South
Korea during a visit there on July 10-11, 1993.
(9) On November 7, 1993, President Clinton stated that
``North Korea cannot be allowed to develop a nuclear bomb.''.
(10) North Korea has reportedly rejected IAEA inspection
procedures of seven declared nuclear sites after agreeing, in
principle, with United States officials to allow IAEA
investigators to visit each of those sites.
(11) In a statement issued on January 21, 1994, to IAEA
authorities, North Korea reportedly declared that ``routine
or ad hoc'' inspections, otherwise known as regular or
special inspections, would not be allowed, and an IAEA
spokesman stated that ``we are not in agreement'' about the
inspections.
(b) Policy.--It is the sense of Congress that if North
Korea continues to resist the efforts of the international
community to allow the IAEA to conduct regular and special
inspections of its declared and undeclared nuclear sites and
facilities, and refuses to return to, and fully comply with,
the Treaty on the Non-Proliferation of Nuclear Weapons, the
President should--
(1) fully coordinate with United States allies in the
region regarding the military posture of North Korea and the
ability of the United States to deter any future nuclear
attack against South Korea or Japan; and
(2) in conjunction with United States allies, act to defend
United States security interests on the Korean peninsula and
enhance the defense capability of United States forces by
preparing to reintroduce tactical nuclear weapons in South
Korea.
(c) Definition.--For purposes of this section, the term
``IAEA'' means the International Atomic Energy Agency.
SEC. 727. ASYLUM REFORMS.
(a) Findings.--The Congress finds that--
(1) in the last decade applications for asylum have greatly
exceeded the original 5,000 annual limit provided in the
Refugee Act of 1980, with more than 150,000 asylum
applications filed in fiscal year 1993, and the backlog of
cases growing to the current level of 355,000;
(2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to
several years;
(3) the delay in processing asylum claims due to the
overwhelming numbers has contributed to numerous problems,
including--
(A) an abuse of the asylum laws by fraudulent applicants
whose primary interest is obtaining work authority in the
United States while their claim languishes in the backlogged
asylum processing system;
(B) the growth of alien smuggling operations, often
involving organized crime;
(C) a drain on limited resources resulting from the high
cost of processing frivolous asylum claims through our multi-
layered system; and
(D) an erosion of public support for asylum;
(4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who use
asylum claims to circumvent our immigration and refugee laws
and procedures;
(5) a comprehensive revision of our asylum law and
procedures is required to address these problems.
(b) Policy.--It is the sense of the Congress that--
(1) asylum is a process intended to protect certain aliens
in the United States who, because of events occurring after
their arrival here, cannot safely return home;
(2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply
for refugee status with the local UNHCR, or other relevant
international organization, office or at one of our refugee
processing centers abroad, if possible;
(3) the immigration, refugee and asylum laws of the United
States should be reformed to provide--
(A) a procedure for the expeditious exclusion of asylum
applicants who arrive at a port-of-entry with fraudulent
documents, or no documents, and make a non-credible claim of
asylum; and
(B) the immigration, refugee, and asylum laws of the United
States should be reformed to provide for a streamlined
affirmative asylum processing system for asylum applicants
who make their application after they have entered the United
States.
SEC. 728. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE ACT.
The PLO Commitments Compliance Act of 1989 (title VIII of
Public Law 101-246) is amended--
(1) in section 804(b), by striking ``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 inserting 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,'';
(2) in section 804(b)(1), by striking ``regarding the
cessation of terrorism and recognition of Israel's right to
exist'' and inserting in lieu thereof ``and each of the
commitments described in section (4)(A) of the Middle East
Peace Facilitation Act of 1994 (Oslo commitments)'';
(3) in section 804(b)(2), by inserting ``and Oslo'' after
``Geneva'';
(4) by striking paragraphs (3) and (8) of section 804(b);
(5) by redesignating paragraphs (4), (5), (6), (7), (9),
and (10) of section 804(b) as paragraphs (3), (4), (5), (6),
(7), and (8), respectively of that section;
(6) in section 802(8), by inserting ``and on September 9,
1993'' after ``1998'';
(7) in section 802, by redesignating paragraph (8) as
paragraph (10);
(8) by striking ``and'' at the end of section 802(7); and
(9) by inserting after section 802(7) the following:
``(8) the President, following an attempted terrorist
attack upon a Tel Aviv beach on May 30, 1990, suspended the
United States dialogue with the PLO;
``(9) 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''.
SEC. 729. SAFETY OF UNITED STATES PERSONNEL IN SARAJEVO.
(a) Findings.--The Congress finds that--
(1) the United States has recognized and established
diplomatic relations with the Government of Bosnia-
Hercegovina;
(2) the United States Ambassador to Bosnia-Hercegovina does
not have any secure permanent or semipermanent facilities to
conduct United States diplomatic activities in Sarajevo;
(3) the protracted conflict in Bosnia-Hercegovina creates
serious physical risks to United States diplomatic personnel
serving there;
(4) the United States Ambassador to Bosnia-Hercegovina
resides and carries out his duties from Vienna, Austria; and
(5) an increased and more secure United States diplomatic
presence in Sarajevo would enhance United States interests in
Bosnia-Hercegovina.
(b) Policy.--(1) It is, therefore, the sense of the Senate
that the Secretary of State should immediately take steps to
increase the presence of United States diplomatic personnel
in Sarajevo, Bosnia-Hercegovina consistent with the
objectives of ensuring their physical safety.
(2) Such steps should include secure facilities,
communication capability, ground transportation and other
capabilities, as appropriate, to enable United States
diplomatic personnel to conduct regular official United
States diplomatic activities in Sarajevo.
(c) Report.--The Secretary of State shall report to the
Speaker of the House of Representatives and the Chairman of
the Senate Committee on Foreign Relations on the steps taken
to enhance the security and safety of United States
diplomatic personnel not later than 30 days after the date of
enactment of this Act.
SEC. 730. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS
INVOLVING THE MTCR.
(a) Export in Support of Space Launch Vehicle (SLV)
Programs.--At least 30 days before the export of any item
controlled pursuant to United States obligations under the
Missile Technology Control Regime and intended to support the
design, development, or production of a Category I system, as
defined in the MTCR Annex, to be utilized for the launch of
satellites into space, the President shall transmit to
Congress a report describing the proposed export and the
rationale for approving such export, including the
consistency of such export with United States missile
nonproliferation policy. The President may waive the 30-day
waiting period in any case in which the President certifies
in the report that the national security interests of the
United States necessitate immediate approval of the export or
that the export represents the continuation of a long-
standing relationship with an MTCR partner.
(b) United States Position Regarding Admission of New MTCR
Members.--At least 30 days before the United States takes the
position to favor the admission of a particular country into
the Missile Technology Control Regime, the President shall
transmit to Congress a report describing the rationale for
such position together with all relevant information
concerning that country's nonproliferation policies,
practices, and commitments. The President may waive the 30-
day waiting period in any case in which the President
certifies in the report that the national security interests
of the United States necessitate immediate approval of the
new member.
(c) Definitions.--For purposes of this section--
(1) the terms ``Missile Technology Control Regime'' and
``MTCR'' mean the policy statement, between the United
States, the United Kingdom, the Federal Republic of Germany,
France, Italy, Canada, and Japan, announced on April 16,
1987, to restrict sensitive missile-relevant transfers based
on the MTCR Annex, and any amendments thereto; and
(2) the term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the MTCR, and any
amendments thereto.
SEC. 731. 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) Effective Date.--The amendment made by this section
shall take effect on December 30, 1993.
SEC. 732. REPORT ON THE ACTIVITIES OF THE PEOPLE'S MUJAHEDDIN
OF IRAN.
(a) Congress makes the following findings:
(1) The People's Mujaheddin of Iran receives material,
logistic, and financial support from the Iraq Government.
(2) The People's Mujaheddin of Iran has been involved in
terrorist activities since the inception of the organization
in 1963.
(3) During the past 30 years, terrorist activities of the
People's Mujaheddin of Iran have resulted in the deaths of
more than 10,000 Iranians.
(4) The People's Mujaheddin of Iran is responsible for the
deaths of several United States military advisers in 1972 and
1973, for the deaths of two Air Force officers in 1975, and
for the deaths of three United States employees of the
Rockwell International Corporation in 1976.
(5) The People's Mujaheddin of Iran actively and vigorously
supported the seizure of the United States Embassy in Tehran,
Iran, in 1979.
(6) The Department of State informally recognizes the
involvement of the People's Mujaheddin of Iran in
international terrorist activities and has refused contact
with representatives of the organization.
(7) The annual report of the Secretary of State on
terrorist activities does not provide adequate information on
the terrorist activities of the People's Mujaheddin of Iran.
(8) The past activities of the People's Mujaheddin of Iran,
and the current policy of the Department of State with
respect to the organization, create a presumption that the
organization is currently engaged in international terrorist
activities.
(b) Except as provided in subsection (d), the annual report
of the Secretary of State that is submitted to Congress on
April 30, 1994, under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204; 22 U.S.C. 2656f) shall include information referred
to in subsection (c) on the People's Mujaheddin of Iran.
(c) The report referred to in subsection (b) shall
include--
(1) an assessment of the activities of the People's
Mujaheddin of Iran in accordance with subsection (a)(1) of
such section 140; and
(2) any other relevant information on the People's
Mujaheddin of Iran referred to in subsection (a)(2) of such
section 140, including a detailed discussion of each of the
matters referred to in subparagraphs (A) through (D) of
subsection (b)(2) of such section.
(d) The Secretary may elect not to include the information
referred to in subsection (c) in the report referred to in
subsection (b). In the event of such an election, the
Secretary shall transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a justification for such election.
(e) In the event of an election under subsection (d), not
less than sixty days from the submittal of the report
referred to in subsection (b), the Secretary shall submit an
unclassified report to Congress detailing the structure,
current activities, external support and history of the
People's Mujaheddin of Iran. Such report shall include any
connection to organizations operating in the United States.
(f) In this section, the term ``People's Mujaheddin of
Iran'' means the organization also known as the Mujaheddin-e
Khalq that is based in Iraq and led by Iranian expatriots
Massoud Rajavi or Maryam Rajavi and includes any group or
organization associated with such organization, including the
Iraqi-based National Liberation Army and the National Council
of Resistance of Iran.
SEC. 733. REIMBURSEMENT OF STATE AND LOCAL GOVERNMENTS.
Section 208 of title 3, United States Code, is amended by
inserting at the end the following new subsection:
``(c) Out of funds otherwise available for fiscal year 1994
and fiscal year 1995 for `Protection of Foreign Missions and
Officials', the Secretary of State is authorized to reimburse
the City of Seattle and State of Washington up to a total of
$440,000 for fiscal year 1994 and $500,000 for fiscal year
1995 for unexpected extraordinary security costs associated
with the change in the level of the participation in the
Asian Pacific Cooperation conference held in Seattle in
November 1993 from Ministerial to Heads-of-State.''.
SEC. 734. RESTORATION OF WITHHELD BENEFITS.
(a) Eligibility.--With respect to any person for which the
Secretary of State and the Secretary concerned within the
Department of Defense has approved the employment or the
holding of a position pursuant to the provisions of section
1058, title 10, United States Code, before the date of
enactment of this Act, the consents, approvals and
determinations under that section shall be deemed to be
effective as of January 1, 1993.
(b) Technical Correction.--Subsection (d) of section 1433
of Public Law 103-160 is repealed.
SEC. 735. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED
ASSETS.
Not later than 30 days after enactment of this Act, the
President shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report containing a detailed
accounting analysis and justification for all expenditures
made from foreign governments' assets that have been frozen
or blocked by the United States Government, including but not
limited to those expenditures made from Haitian frozen or
blocked assets by the Government of President Jean Bertrand
Aristide, and those made from Iranian and Iraqi frozen or
blocked assets.
SEC. 736. FOREIGN POLICY.
(a) It is the sense of the Senate that the President has
determined that sustainable development is one of the goals
of United States foreign policy and, therefore, the United
States, in conducting bilateral and multilateral
negotiations, should, to the maximum extent feasible, take
into consideration the principles of sustainable development
that encourage broad based economic growth, protect the
environment, build human capital and knowledge, and promote
democratic participation and development.
(b) It is the further sense of the Senate that domestic
producers of environmental goods and services should, to the
maximum extent practicable, be notified of any potential
business opportunities which result from United States
bilateral and multilateral assistance programs and
negotiations.
SEC. 737. PASSPORT SECURITY.
(a) It is the sense of the Congress that the Department of
State is strongly urged to assure 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 American-sourced materials and technology.
(b) The Secretary of State shall provide a report to the
Senate Committee on Foreign Relations and the House Committee
on Foreign Affairs within 30 days of enactment detailing
actions taken by the Department to accomplish the goals set
forth in subsection (a).
SEC. 738. PUBLISHING INTERNATIONAL AGREEMENTS.
Section 112a of title I of the United States Code is
amended--
(1) by inserting ``(a)'' immediately before ``The Secretary
of State''; and
(2) by adding at the end thereof the following new
subsections:
``(b) The Secretary of State may determine that publication
of certain categories of agreements is not required, provided
that the following criteria are met:
``(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, in that (i) as of
the date of enactment of this legislation, the agreements are
no longer in force, (ii) the agreements do not create private
rights or duties, nor establish standards intended to govern
government action in the treatment of private individuals,
(iii) 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 (iv) 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
subsection (2)(b)(iv)), including certified copies where
necessary for litigation or similar purposes, can be made
available by the Department of State upon reasonable request.
``(c) Any determination pursuant to subsection (b) shall be
published in the Federal Register.''.
SEC. 739. 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. 740. 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:
Provided, 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. 741. FEES FOR COMMERCIAL SERVICES.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669 et seq.) is amended by adding the
following new section at the end:
``SEC. 52. 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.
``(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.''.
SEC. 742. PERSONAL SERVICES CONTRACTS ABROAD.
Section 2(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2669(c)) is amended by inserting the
following before the period: ``; 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''.
SEC. 743. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL
COPPER STUDY GROUP.
(a) United States Membership.--The President is authorized
to accept the Terms of Reference of and maintain membership
of the United States in the International Copper Study Group
(ICSG).
(b) Payments of Assessed Contributions.--For fiscal year
1995 and thereafter the United States assessed contributions
to the ICSG may be paid from funds appropriated for
``Contributions to International Organizations''.
SEC. 744. PROHIBITION ON ASSISTANCE TO COUNTRIES
EXPROPRIATING UNITED STATES PROPERTY.
(a) Prohibition.--None of the funds made available to carry
out the Foreign Assistance Act of 1961 as amended, the Arms
Export Control Act, or the Support for East European
Democracy Act may be provided to a country (other than a
country described in subsection (c)) whose government (or any
agency or instrument thereof)--
(2) has before, on, or after the date of enactment of this
Act--
(A) nationalized or expropriated the property of any United
States person,
(B) repudiated or nullified any contract or agreement 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 a period of 3 years (or where
applicable, the period described in subsection (b)), returned
the property or provided adequate and effective compensation
for such property in convertible foreign exchange equivalent
to the full value thereof, as required by international law.
(3) the President may waive the prohibition in subsection
(a) if he determines and so notifies Congress that it is in
the national interest to do so. Such determination must be
made on a country by country basis every 180 days.
(b) Extended Period for Compensation in the Case of Newly
Elected Democratic Governments.--In the case of a
democratically elected foreign government that had been a
totalitarian or authoritarian government at the time of the
action described in subsection (a)(1), the 3-year period
described in subsection (a)(2) shall be deemed to have begun
as of the date of the installation of the democratically
elected government.
(c) 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.
(d) Reporting Requirement.--Not later than 90 days after
enactment of this Act, and every 180 days thereafter, the
Secretary of State shall transmit to the Speaker of the House
of Representatives and to the Committee on Foreign Relations
of the Senate, a report containing the following:
(1) A list of all countries in which a United States person
has an outstanding expropriations claim.
(2) The total number of outstanding expropriation claims
made by United States persons against any foreign country.
(3) The period of time in which each claim has been
outstanding.
(4) All efforts made on a case by case basis by the United
States Government, any international organization, and the
country in which the expropriation claim has been made, to
return the property or provide adequate and effective
compensation for such property.
(e) Definition.--For purposes of this section, the term
``United States person'' means a United States citizen or
corporation, partnership, or association at least 50 percent
beneficially owned by United States citizens.
SEC. 745. ISRAEL'S DIPLOMATIC STATUS.
(a) The Congress finds that--
(1) Israel continues to be a leader in the Middle East
peace process and the only democracy in the region;
(2) on May 14, 1948, the United States was the first
country to accord de facto recognition to Israel;
(3) after over forty-six years of independence Israel is
recognized only by 132 countries around the world;
(4) forty-nine countries have no diplomatic relations with
Israel, including 32 that collectively receive in fiscal year
1994 over $523,000,000 in United States foreign assistance;
(5) China and India recognized the state of Israel in 1992;
(6) Israel is a legitimate state and sovereign entity that
deserves to be accorded full diplomatic recognition by
members of the international community; and
(7) the following states will receive direct and indirect
United States foreign assistance this year and have failed to
recognize Israel: Afghanistan; Algeria; Bahrain; Bangladesh;
Botswana; Burundi; Cape Verde; Chad; Djibouti; Ghana; Guinea;
Guinea-Bissau; Indonesia; Jordan; Laos; Lebanon; Madagascar;
Maldives; Mauritania; Morocco; Namibia; Niger; Oman;
Pakistan; Rwanda; Senegal; Somalia; Sri Lanka; Tanzania;
Tunisia; Uganda; and Yemen, therefore
(b) It is the sense of the Senate that the Secretary of
State should make the issue of Israel's diplomatic status a
priority and urge countries that receive American aid to
immediately establish full diplomatic relations with the
state of Israel.
SEC. 746. POLICY REGARDING GERMAN PARTICIPATION IN
INTERNATIONAL PEACEKEEPING OPERATIONS.
(a) Findings.--The Congress finds that--
(1) for more than four decades following the Second World
War, Germany was a divided nation;
(2) notwithstanding the creation of the Federal Republic of
Germany on September 7, 1949, and the German Democratic
Republic on October 7, 1949, the Four Allied Powers retained
rights and responsibilities for Germany as a whole;
(3) the Federal Republic of Germany acceded to the United
Nations Charter without reservation, ``accept[ing] the
obligations contained in the Charter . . . and solemnly
undertak[ing] to carry them out'', and was admitted as a
member of the United Nations on September 26, 1973;
(4) the Federal Republic of Germany's admission to the
United Nations did not alter Germany's division nor infringe
upon the rights and responsibilities of the Four Allied
Powers for Germany as a whole;
(5) these circumstances created impediments to the Federal
Republic of Germany fulfilling all obligations undertaken
upon its accession to the United Nations Charter;
(6) Germany was unified within the Federal Republic of
Germany on October 3, 1990;
(7) with the entry into force of the Final Settlement With
Respect to Germany on March 4, 1991, the unified Germany
assumed its place in the community of nations as a fully
sovereign national state;
(8) German unification and attainment of full sovereignty
and the Federal Republic's history of more than four decades
of democracy have removed impediments that have prevented its
full participation in international efforts to maintain or
restore international peace and security;
(9) international peacekeeping, peacemaking, and peace-
enforcing operations are becoming increasingly important for
the maintenance and restoration of international peace and
security;
(10) United Nations Secretary General Boutros Boutros-Ghali
has called for the ``full participation of Germany in
peacekeeping, peacemaking, and peace-enforcing measures'';
(11) the North Atlantic Council, meeting in ministerial
session on June 4, 1992, and December 17, 1992, stated the
preparedness of the North Atlantic Alliance to ``support, on
a case-by-case basis in accordance with our own procedures,
peacekeeping activities under the responsibility of the
Conference on Security and Cooperation in Europe'' and
``peacekeeping operations under the authority of the United
Nations Security Council'';
(12) the Federal Republic of Germany participated in these
North Atlantic Council meetings and fully associated itself
with the resulting communiques;
(13) the Western European Union (WEU) Ministerial Council,
in the Petersberg Declaration adopted June 19, 1992, declared
that ``As the WEU develops its operational capabilities in
accordance with the Maastricht Declaration, we are prepared
to support, on a case-by-case basis and in accordance with
our own procedures, the effective implementation of conflict-
prevention and crisis-management measures, including
peacekeeping activities of the CSCE or the United Nations
Security Council'';
(14) the Federal Republic of Germany presided over this
Western European Union Ministerial Council meeting and fully
associated itself with the Petersberg Declaration;
(15) the Federal Republic of Germany, by virtue of its
political, economic, and military status and potential, will
play an important role in determining the success or failure
of future international efforts to maintain or restore
international peace and security;
(16) Germany is currently engaged in a debate on the proper
role for the German military in the international community
and, in this regard, on how to amend the provisions of the
Federal Republic's Basic Law that govern German military
activities;
(17) one important element in the German debate is the
attitude of the international community toward full German
participation in international peacekeeping, peacemaking, and
peace-enforcing operations;
(18) it is, therefore, appropriate for the United States,
as a member of the international community and as a permanent
member of the United Nations Security Council, to express its
position on the question of such German participation; and
(19) distinctions between peacekeeping, peacemaking, and
peace-enforcing measures are becoming blurred, making
absolute separation of such measures difficult, if not
impossible.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) an appropriate response under current circumstances to
Germany's past would be for Germany to participate fully in
international efforts to maintain or restore international
peace and security; and
(2) the President should strongly encourage Germany, in
light of its increasing political and economic influence, its
successful integration into international institutions, and
its commitment to peace and democratic ideals, to assume full
and active participation in international peacekeeping,
peacemaking, and peace-enforcing operations and to take the
necessary measures with regard to its constitutional law and
policy and its military capabilities so as to enable the full
and active participation of Germany in such operations.
SEC. 747. UNITED STATES CITIZENS HIRED ABROAD.
(a) In order to facilitate the hiring of United States
citizens abroad, the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.) (``the Act''), the State Department Basic
Authorities Act (22 U.S.C. 2669 et seq.), and other
provisions are amended as follows:
(1) In section 309(b) of the Act by deleting ``and'' at the
end of subsection (b)(3); and by deleting the period at the
end of subsection (b)(4) and inserting in lieu thereof ``;
and (5) as a foreign national employee.''.
(2) In section 311 of the Act by striking the section and
inserting the following:
``(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) Citizens employed under this section shall not be
eligible for benefits under chapter 8 of the Foreign Service
Act of 1980, as amended, or under chapters 83 and 84 of title
5, unless the Secretary states in writing or by regulation
that specific individuals shall remain eligible for benefits
under chapter 83 or 84 of title 5, as appropriate. Each
agency should make efforts to find additional funding for
retirement coverage for family members.''.
(3) In section 404(a) of the Act by deleting the phrase
``who are family members of Government employees paid in
accordance with a local compensation plan established
under''.
(4) In section 408 of the Act--
(A) by rewriting the first sentence of subsection 408(a)(1)
to read as follows: ``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).'';
(B) in the second sentence of subsection 408(a)(1), by
deleting the phrase ``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'';
(C) in the third sentence of subsection 408(a)(1), by
deleting the phrase ``foreign national'' each place it
appears; and
(D) by adding a fourth sentence as follows: ``For United
States citizens under a compensation plan, the Secretary
shall also (A) provide these citizens with a total
compensation package (including wages, allowances, benefits,
and other employer payments, such as for social security)
that has the equivalent cost to that received by foreign
national employees occupying a similar position at that post
and (B) define those allowances and benefits provided under
United States law which shall be included as part of this
total compensation package, 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.
(5) In section 504(b) of the Act by inserting ``(other than
those employed in accordance with section 311)'' immediately
after ``citizen of the United States''.
(6) In section 601(b)(2) of the Act by deleting ``and'' the
last time it appears and by inserting ``and other members of
the Service'' immediately after ``categories of career
candidates,''.
(7) In section 611 of the Act by striking all that follows
``Foreign Service Schedule'' and inserting 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.''.
(8) In section 903(a) of the Act by inserting ``(other than
a member employed under section 311)'' immediately after
``member of the Service'' each place it appears.
(9) In section 1002(8)(A) of the Act by inserting ``a
member of the Service who is a United States citizen (other
than a family member) employed under section 311,''
immediately after ``a consular agent,''.
(10) In section 1101(a)(1) of the Act by inserting ``(other
than a United States citizen employed under section 311 who
is not a family member)'' immediately after ``citizen of the
United States''.
(11) In section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)), by inserting the
following before the period: ``; 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''.
SEC. 748. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167), is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1993 and 1994'' and
inserting ``1993, 1994, 1995, and 1996''; and
(B) in subsection (e), by striking out ``October 1, 1994''
each place it appears and inserting in lieu thereof ``October
1, 1996''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1994'' and inserting
in lieu thereof ``September 30, 1996''.
SEC. 749. POLICY REGARDING THE NORTH KOREAN NUCLEAR WEAPONS
PROGRAM.
(a) Findings.--The Congress makes the following findings:
(1) On February 10, 1993, North Korea refused to permit the
International Atomic Energy Agency (IAEA) to conduct special
inspections, as permitted under the terms of the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT), of two
undeclared nuclear-related sites to clarify discrepancies
related to North Korea's nuclear program, and on March 12,
1993, North Korea announced its intention to withdraw from
the NPT effective on June 12, 1993, due to the insistence of
the IAEA on exercising inspection rights under the NPT.
(2) On April 1, 1993, the IAEA declared North Korea to be
in noncompliance with the NPT; on April 2, 1993, the IAEA
voted to refer North Korean violations of the Treaty to the
United Nations Security Council; and on April 7, 1993, the
IAEA issued a formal censure on North Korea for its
noncompliance with the NPT, the first censure in the history
of the IAEA.
(3) On May 11, 1993, the United Nations Security Council
passed a resolution asking North Korea to allow IAEA
inspections under the NPT, and on May 12, 1993, North Korea
rejected the request of the United Nations Security Council
and has since impeded or refused access to any of its sites
by IAEA inspectors.
(4) On June 2, 1993, the United States and North Korea
initiated a series of meetings in New York to discuss the
impasse in nuclear site inspections, which continued until
January 4, 1994, when Under Secretary of State Lynn Davis
announced that North Korea had agreed to inspections of seven
declared nuclear-related sites.
(5) Discussions between the IAEA and North Korea to
implement the announced agreement to permit inspections in
North Korea have reached an apparent impasse, and the issue
is anticipated to be discussed at the IAEA Board of Governors
meeting on February 21, 1994.
(6) The People's Republic of China (PRC) has repeatedly
stated it would not support any action of the United Nations
Security Council to impose sanctions on North Korea, and the
PRC may not be cooperating fully and effectively in seeking a
resolution of this issue.
(7) The United States must clearly communicate its firm
resolve to compel North Korea to comply with the inspections
required under the NPT and has instead offered to cancel 1994
Team Spirit joint military exercises with South Korea;
indications are that numerous other concessions, such as
diplomatic recognition and economic assistance, are also
being considered.
(8) The development of nuclear weapons by North Korea would
significantly increase the already serious threat to the
safety and security of South Korea and the stability of the
Pacific region posed by North Korea's military forces, which
include--
(A) an army of 1,200,000 men, much of which is positioned
near the border with South Korea;
(B) an estimated 250 tons of biological and chemical
weapons; and
(C) extended range SCUD-C missiles reportedly armed with
chemical warheads, No Dong missiles, and possibly a much
longer range intermediate-range ballistic missile in
development.
(b) Policy.--It is the sense of the Congress that--
(1) North Korea must halt its nuclear weapons program and
fully comply with the terms of the NPT and the January 30,
1992, full-scope safeguards agreement agreed to by North
Korea and the IAEA;
(2) the President should seek international consensus to
isolate North Korea economically until North Korea halts its
nuclear weapons program and reaches acceptable agreement with
the IAEA on inspections of its nuclear facilities and those
inspections have begun;
(3) the President should support United States-South Korea
joint military exercises as an expression of commitment to
the United States-Republic of Korea Mutual Defense Treaty of
1954;
(4) the President should ensure that sufficient United
States military forces are deployed in the Pacific region,
including the deployment of Patriot batteries in South Korea,
in order to be prepared to effectively defend South Korea
against any offensive action by North Korea;
(5) the President should make resolution of this issue a
matter of urgent national security priority; and
(6) an ``acceptable agreement'' between the IAEA and North
Korea should include regular inspection of all declared
nuclear sites as well as special inspections of any suspected
nuclear-related site, as agreed to by North Korea in the
January 30, 1992, full-scope safeguards agreement with the
IAEA.
(c) Definitions.--For purposes of this section--
(1) the term ``IAEA'' means the International Atomic Energy
Agency;
(2) the term ``NPT'' means the Treaty on the Non-
Proliferation of Nuclear Weapons, done on July 1, 1968 at
London, Moscow, and Washington; and
(3) the term ``safeguards'' means the safeguards set forth
in an agreement between a country and the IAEA, as authorized
by Article III(A)(5) of the Statute of the International
Atomic Energy Agency.
SEC. 750. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) In General.--Not later than July 1, 1994, 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 the Baltic States.
(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 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. 751. REPORT ON BOSNIAN REFUGEES.
(a) The Senate finds that:
(1) In Bosnia-Hercegovina the civilian population has been
subject to egregious violations of basic human rights,
including wide-spread willful killing, the torture of
prisoners, deliberate attacks on non-combatants, the
intentional impeding of the delivery of food and medical
supplies to the civilian population, mass forcible expulsion
and deportation of civilians, the abuse of civilians in
detention centers, and the wanton devastation and destruction
of property.
(2) Ethnic cleansing, the systematic persecution of
minorities, indiscriminate attacks on civilians, violations
of internationally-held humanitarian principles, and the
deliberate targeting of aid workers has been and continues to
be common events in the conflict in Bosnia-Hercegovina.
(b) The Department of State shall within 60 days after the
enactment of this law brief the Committees of Judiciary of
the House of Representatives and the Senate on the steps
being taken by the United States to assure that all
appropriate efforts are being made to expeditiously identify
and assist all cases of Bosnian individuals and families who
are requesting third country resettlement and who are
eligible to seek refugee status in the United States and who
are seeking such refugee status.
SEC. 752. 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) The Congress finds that:
(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.
(2) This 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 he 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 his
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, therefore
(b) 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 towards
meeting the standards for continuation of MFN status as
contained in the Executive Order.
SEC. 753. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.
Report.--The President shall submit every six months,
beginning six months after the date of enactment of this Act,
a detailed report to the Senate Foreign Relations Committee,
the House Foreign Affairs Committee, and the House and the
Senate Armed Services Committees 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.
SEC. 754. FUNDING FOR DEMOCRACY PROMOTION PROGRAMS.
In addition to the other matters to be reviewed by the
commission established by this Act to study the effectiveness
of democracy programs funded by the United States, the
commission shall also undertake 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 the commission determines
that mandating such non-government funding is feasible and
desirable it shall make recommendations regarding goals and
procedures for implementation.
SEC. 755. HUMANITARIAN ACTIVITIES.
It is the sense of the Senate that the President should not
restrict informational, educational, religious, or
humanitarian exchanges, or exchanges for public performances
or exhibitions, or travel for any such informational,
educational, religious, performance, or exhibition exchanges,
or travel for furtherance of humanitarian activities, between
the United States and any other country.
SEC. 756. LIMITATION ON AUTHORITY TO TRANSFER EXCESS DEFENSE
ARTICLES.
(a) Transfers to Countries on the Southern and Southeastern
Flank of NATO.--Section 516(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(b)) is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(b) Transfers to Countries Participating in a Comprehensive
National Antinarcotics Program.--Section 517(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is
amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(c) Transfers to Countries Eligible To Participate in a
Foreign Military Financing Program.--Section 519(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is
amended--
(1) by striking out ``and'' at the end of paragraph (3);
(2) by striking out the period at the end of paragraph (4)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) the President first considers the effects of the
transfer of the excess defense articles on the national
technology and industrial base, particularly the extent, if
any, to which the transfer reduces the opportunities of
entities in the national technology and industrial base to
sell new equipment to the country or countries to which the
excess defense articles are transferred.''.
(d) Sales from Stock Under Arms Export Control Act.--
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is
amended by adding at the end the following new subsection:
``(k) Before entering into the sale under this Act of
defense articles that are excess to the stocks of the
Department of Defense, the President shall first consider the
effects of the sale of the articles on the national
technology and industrial base, particularly the extent, if
any, to which the sale reduces the opportunities of entities
in the national technology and industrial base to sell new
equipment to the country or countries to which the excess
defense articles are sold.''.
(e) Leases under Arms Export Control Act.--Section 61(a) of
the Arms Export Control Act (22 U.S.C. 2796(a)) is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the President first considers the effects of the
lease of the articles on the national technology and
industrial base, particularly the extent, if any, to which
the lease reduces the opportunities of entities in the
national technology and industrial base to sell new equipment
to the country or countries to which the articles are leased;
and''; and
(4) in the matter following paragraph (4), as redesignated
by paragraph (2) of this subsection, by striking out
``paragraph (3)'' each place it appears and inserting in lieu
thereof ``paragraph (4)''.
SEC. 757. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE
EASTERN AND ASIAN COUNTRIES.
(a) Exports by United States Persons.--Section 72 of the
Arms Export Control Act (22 U.S.C. 2797a) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Presumption.--In determining whether to apply
sanctions under subsection (a) to a United States person
involved in the export, transfer, or trade of an item on the
MTCR Annex, it shall be a rebuttable presumption that such
item is designed for use in a missile listed under the MTCR
Annex if the President determines that the final destination
of the item is a country the government of which the
Secretary of State determines, for purposes of 6(j)(1)(A) of
the Export Administration Act of 1979, has repeatedly
provided support for acts of international terrorism.''.
(b) Exports by Foreign Persons.--Section 73 of the Arms
Export Control Act (22 U.S.C. 2797b) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Presumption.--In determining whether to apply
sanctions under subsection (a) to a foreign person involved
in the export, transfer, or trade of an item on the MTCR
Annex, it shall be a rebuttable presumption that such item is
designed for use in a missile listed under the MTCR Annex if
the President determines that the final destination of the
item is a country the government of which the Secretary of
State determines, for purposes of 6(j)(1)(A) of the Export
Administration Act of 1979, has repeatedly provided support
for acts of international terrorism.''.
SEC. 758. CHINESE FLEEING COERCIVE POPULATION CONTROL
POLICIES.
(a) In numbers not to exceed those specified in subsection
(e), the Attorney General shall protect from deportion or
exclusion to the People's Republic of China nationals of the
People's Republic of China who demonstrate a reasonable
likelihood that they will be forced to abort a pregnancy or
will be subjected to forced sterilization under Chinese
Communist Party directives and/or government directives of
the People's Republic of China on population or will suffer
other severe harm for refusal to comply with such directives,
or who demonstrate that they have experienced severe harm on
account of their refusal to comply with such directives.
(b) Nothing in this section shall be construed to preclude
the Attorney General from deporting or excluding any national
of the People's Republic of China to the People's Republic of
China if the Attorney General determines that such national
is inadmissible to the United States under section 212(a)
(2), (3), (6)(E) (if such action were taken knowingly and for
gain), or (9) of the Immigration and Nationality Act.
(c) The Attorney General shall, within 90 days of enactment
of this section, promulgate regulations and guidelines to
carry out the provisions of this section.
(d) Nothing in this section shall be construed as--
(1) Shifting the burden of providing, in each individual
case, facts sufficient to establish a claim within the scope
of subsection (a) of this section from any person making such
claim to the Attorney General; or
(2) Requiring the Attorney General to disapprove such claim
in the absence of proof of facts sufficient to establish a
claim described in subsection (a) of this section by any
person making such claim.
(e) The number of persons receiving the benefit of this
section shall not exceed 2,000 applicants in any fiscal year.
(f) The provisions of this section shall take effect on the
date of enactment of this Act, and relief under this section
shall be available, in numbers not to exceed those specified
in subsection (e), to any national of the People's Republic
of China who is entitled to such relief under the provisions
of this section notwithstanding the pendency of
administrative or judicial proceedings or appeals on the date
of enactment of this Act, and to any such national whose
claim arises on or after the date of enactment.
(g) A person who is not deported or excluded to the
People's Republic of China pursuant to subsection (a) of this
section shall be entitled to the same associated benefits as
a person granted asylum under section 208 of the Immigration
and Nationality Act.
(h) This section does not apply to an alien who has
received a final conviction of an aggravated felony or who
has claimed the benefit of subsection (a) solely for the
purpose of evading the immigration laws of the United States.
(i) This section shall remain in effect for a period of
three years from its date of enactment.
SEC. 759. OPPOSITION TO FINANCING BY INTERNATIONAL FINANCIAL
INSTITUTIONS FOR COUNTRIES EXPROPRIATING UNITED
STATES PROPERTY.
(a) Prohibition.--The President shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Inter-American Development Bank, the African Development
Fund, the Asian Development Bank, the African Development
Bank, the European Bank for Reconstruction and Development,
and the International Monetary Fund to vote against any loan
or other utilization of the funds of the bank for benefit of
any country which--
(1) has before, on, or after the date of enactment of this
Act--
(A) nationalized or expropriated the property of any United
States person,
(B) repudiated or nullified any contract or agreement 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 a period of 3 years (or where
applicable, the period described in subsection (b)), returned
the property or provided adequate and effective compensation
for such property in convertible foreign exchange equivalent
to the full value thereof, as required by international law.
(b) Extended Period for Compensation in the Case of Newly
Democratic Governments.--In the case of a democratically
elected foreign government that had been a totalitarian or
authoritarian government at the time of the action described
in subsection (a)(1), the 3-year period described in
subsection (a)(2) shall be deemed to have begun as of the
date of the installation of the democratically elected
government.
(c) 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.
(d) Reporting Requirement.--Not later than 90 days after
the date of enactment of this Act, and every 180 days
thereafter, the President shall transmit to the Speaker of
the House of Representatives and to the Committee on Foreign
Relations of the Senate, a report containing the following:
(1) A list of all countries against which United States
persons have outstanding expropriation claims.
(2) The total number of outstanding expropriation claims
made by United States persons against any foreign country.
(3) The period of time in which each claim has been
outstanding.
(4) A description on a case-by-case basis of each effort
made by the United States Government, or the country in which
the expropriation claim has been made, to return the property
or provide adequate and effective compensation for such
property.
(5) Each project a United States Executive Director voted
against as a result of the action described in subsection
(a).
(e) Definition.--For purposes 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.
(f) Waiver.--The President may waive the prohibition in
subsection (a) if he determines and so notifies Congress
that--
(1) it is in the national interest to do so and such
determination must be made on a country by country basis
every 180 days; or
(2) the parties have submitted the dispute to arbitration
under rules of the Convention for the Settlement of
Investment Disputes.
SEC. 760. REPORT ON DISMANTLEMENT OF NUCLEAR WEAPONS OF THE
FORMER SOVIET UNION.
(a) Report.--In the report required by section 1207 of
title XII of Public Law 103-160 and due on April 30, 1994, to
be submitted the President, as prepared by the Secretaries of
State and Defense in consultation with the Arms Control and
Disarmament Agency and the Central Intelligence Agency, shall
include the following:
(1) The anticipated timetable for dismantlement of former
Soviet Union nuclear and chemical weapons and the status of
stocks and production capacity in the Russian Federation,
Ukraine, Kazakhstan and Belarus and how appropriated funds
are being used to effect this purpose;
(2) The cost of each activity carried out to date, as well
as each projected activity;
(3) The United States agency or host country agency
responsible for each element of the project;
(4) Obstacles that might hinder the effective use of United
States funds in dismantling nuclear and chemical weapons in
each of the four nuclear republics of the former Soviet Union
and recommendations for overcoming these obstacles;
(5) The specific impact of United States funds on the pace
and quality of nuclear and chemical weapons dismantlement in
each of the four republics;
(6) A classified appendix detailing actual reduction in
weapons and capabilities as a result of the expendature of
United States funds.
SEC. 761. REPORT ON SANCTIONS ON VIETMAN.
Not later than 30 days after any action to modify or
terminate any prohibition, restriction, condition or
limitation on transaction involving commercial sale of any
good or technology to the Socialist Republic of Vietnam, or
involving the importation into the United States of goods or
services of Vietnamese origin, in effect as of January 27,
1994 under the Act of October 6, 1917 (40 Stat. 411 et seq.)
as amended, 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. 762. COORDINATOR FOR COUNTER-TERRORISM.
(a) Establishment.--There shall be within the Department of
State a Coordinator for Counter-Terrorism (hereafter in this
section referred to as the ``Coordinator'') who shall be
appointed by the President.
(b) Responsibilities.--(1) The Coordinator shall perform
such duties and exercise such power as the Secretary of State
shall prescribe.
(2) The Coordinator shall have as his principal duty the
overall supervision (including oversight of policy and
resources) of counter-terrorism activities of the Department
of State. The Coordinator shall be the principal advisor to
the Secretary of State on counter-terrorism matters and
(after the Secretary, Deputy Secretary, and the appropriate
Under Secretary) shall be the principal counter-terrorism
official within the senior management of the Department of
State.
(c) Rank and Status.--The Coordinator shall have the rank
and status of an Assistant Secretary. The Coordinator shall
be compensated at the annual rate of basic pay in effect for
a position at level IV of the Executive Schedule under
section 5314 of title 5, United States Code.
(d) Sense of the Senate.--It is the sense of the Senate
that there shall be in the Department of State a Deputy
Assistant Secretary of State with the rank of ambassador
whose sole responsibility shall be the day-to-day management
of counter-terrorism activities in the Department of State.
SEC. 763. POLICY REGARDING THE RELATIONSHIP OF THAILAND WITH
ITS NEIGHBORS STRUGGLING FOR DEMOCRACY,
CAMBODIA AND BURMA.
(a) Findings.--Congress finds that--
(1) the Government of Thailand is to be commended for its
return to democracy and its commitment to representative
government;
(2) the United States-Thai security relationship is a
cornerstone of the Association of Southeast Asian Nations
(ASEAN) and a key to stability in Southeast Asia;
(3) Cambodia, Thailand's neighbor to the East, is
struggling to prevent violence from disrupting the creation
of a democratic state;
(4) the cooperation of Thailand in implementing the Paris
Peace Accords was instrumental in assisting Cambodians to
achieve their goal of political reconciliation;
(5) Peace in Cambodia promotes stability in Southeast Asia
and the continued cooperation of Thailand in bringing lasting
peace to that nation is vital. That peace is threatened by
the Khmer Rouge, which has attempted to violently disrupt the
Cambodian effort to institute an elected government.
(6) The Government of Thailand is commended for the steps
it has taken to discontinue the Thai relationship with the
Khmer Rouge, and in particular its adherence to United
Nations sanctions on timber and petroleum trade between
Thailand and Khmer controlled areas of Cambodia.
(7) Prime Minister Chuan Leekpai and the Commander-in-Chief
of the Thai military, Wimol Wongawanich, have publicly
enunciated a policy of non-support for the Khmer Rouge.
Furthermore, Prime Minister Chuan has demonstrated
considerable support for the freely elected Government of
Cambodia.
(8) The extent to which the Government of Thailand permits
trade and particularly military contact with the armed
opposition to the newly elected Cambodian government,
directly impact the prospects for peace and political
reconciliation in Cambodia.
(9) Congress is concerned that elements of the Thai
military and companies with close links to the Thai military,
continue to operate against the will and policy of the
government to support the Khmer Rouge.
(10) Congress is concerned that the Clinton Administration
has not articulated its position regarding United States
policy toward Burma.
(11) The Senate unanimously declared in S. Res. 112 that it
does not recognize the military junta in Burma known as the
State Law and Order Restoration Council (referred to as the
``SLORC''), since the people of Burma gave the National
League for Democracy a clear victory in the election of May
27, 1990.
(12) Nobel Peace Prize winner Daw Aung San Suu Kyi, a
leader of the National League for Democracy, has been under
house arrest since July 1989. Many of her colleagues who were
able to escape imprisonment or death have taken refuge in
Thailand, where they have organized to work peacefully to
bring democracy to Burma.
(13) The Government of Thailand should be praised for
providing safe haven to the many Burmese forced to flee the
brutal repression of the SLORC regime. Despite pressure from
the SLORC, Thailand has allowed those groups to operate
within its borders, and has granted visas for international
travel.
(14) Congress is concerned by reports that the Government
of Thailand may adopt more restrictive policies towards the
Burmese have raised considerable concern. In particular,
Congress is concerned by reports that Dr. Sein Win and other
Burmese dissidents may not be allowed to return from their
trip to the United States and to the United Nations to secure
support for their democratic aspirations.
(15) Congress is deeply interested in seeing the peaceful
transition of power to those elected in 1990. Aung San Suu
Kyi and other senior National League for Democracy leaders
imprisoned in Burmese jails, are unable to conduct political
activity inside Burma and have never been allowed to take
their elected positions. Those who were able to escape must
rely on Thailand's continued hospitality.
(16) in recent years there has been an increase in the
number of Burmese women and girls conscripted into Thai
brothels. Human Rights Watch has recently issued a report
documenting the problems faced by these women. Many of these
Burmese become virtual slaves, with no way to escape the
brothels where they are kept. When these prostitution rings
have been broken up by Thai authorities, often those forced
into prostitution are detained in jails, or deported to Burma
where they are arrested for prostitution, further victimizing
them, and
(17) in 1992, Thai Prime Minister Chuan Leekpai pledged to
crack down on official involvement in forced and child
prostitution. Congress welcomes the Government of Thailand's
efforts to eliminate forced prostitution. However, Thai
border officials and police are reportedly involved in the
transport of these women from Burma, and at times, directly
in the brothel operations.
(b) Sense of the Congress.--It is the Sense of the Congress
that--
(1) the Government of Thailand should continue and must
intensify its efforts to end the relationship between the
Khmer Rouge and the Thai military;
(2) the President of the United States should convey to the
Government of Thailand American concern over renegade Thai
military support for the Khmer Rouge;
(3) the President should adopt the policies called for in
S. Res. 112 and to clearly enunciate policy with respect to
Burma;
(4) 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 to the world at the United Nations and other
international gatherings; and
(5) the Government of Thailand is further urged to
prosecute those responsible for the trafficking, forced labor
and physical and sexual abuse of women. If Thai officials are
found to be involved, they should be prosecuted to the
fullest extent of the law. In addition, the Government of
Thailand should protect the civil and human rights of Burmese
women and refrain from their further victimization.
SEC. 764. SEWAGE TREATMENT ALONG THE UNITED STATES-MEXICO
BORDER.
(a) Definitions.--As used in this section:
(1) Commissioner.--The term ``Commissioner'' means the
United States Commissioner of the International Boundary and
Water Commission.
(2) Construction.--The term ``construction'' has the
meaning provided the term under section 212(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(1)).
(3) Treatment Works.--The term ``treatment works'' has the
meaning provided the term under section 212(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(2)).
(b) Agreements To Correct Pollution.--
(1) In general.--The Secretary of State, acting through
the Commissioner, may enter into an agreement with the
appropriate representative of the Ministry of Foreign
Relations of Mexico to address the international problems
related to pollution caused by the discharge of raw and
inadequately treated sewage originating in the Republic of
Mexico to waters which form or cross the boundary between the
United States and Mexico.
(2) Contents of agreements.--An agreement entered into
under paragraph (1) shall consist of recommendations to the
appropriate officials of the Federal Government and the
Government of Mexico concerning measures to protect the
health and welfare of individuals from adverse effects of the
pollution referred to in paragraph (1), including
recommendations concerning--
(A) whether treatment works should be constructed,
operated, and maintained in Mexico or the United States;
(B) estimates of the cost of the planning, construction,
operation, and maintenance of the treatment works referred to
in subparagraph (A);
(C) formulas for the initial allocation of costs between
the United States and Mexico with respect to the planning,
construction, operation, and maintenance of the treatment
works referred to in subparagraph (A);
(D) a method for the review and adjustment of the formulas
recommended under subparagraph (C), not later than 5 years
after the date of issuance of the formulas, and every 5 years
thereafter, that recognizes that the initial formulas should
not be used as a precedent with respect to a subsequent
review and adjustment carried out pursuant to this
subparagraph; and
(E) an estimated time period for the construction of a
treatment works referred to in subparagraph (A).
(c) Authority of Secretary of State to Plan, Construct,
Operate, and Maintain Facilities.--The Secretary of State,
acting through the Commissioner, may act jointly with the
appropriate representative of the Government of Mexico to
supervise--
(1) the planning of; and
(2) the construction, operation, and maintenance of,
the treatment works recommended in an agreement entered into
pursuant to subsection (b)(1).
(d) Consultation With The Administrator and Other
Officials.--In carrying out subsection (b), the Secretary
shall consult with the Administrator and other appropriate
officials of the Federal Government, and appropriate
officials of the governments of States and political
subdivisions of States.
(e) Annual Report.--
(1) In General.--Not later than 90 days after the date of
termination of each fiscal year, the Secretary of State,
acting through the Commissioner, shall prepare and submit to
the President, the Speaker of the House of Representatives,
and the Majority Leader of the Senate an annual report
concerning the activities of the International Boundary and
Water Commission in carrying out the responsibilities of the
Secretary of State pursuant to this section.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a summary of the activities of the Commission during
the fiscal year;
(B) a review of the problems related to pollution caused by
the discharge of raw and inadequately treated sewage from the
Republic of Mexico to the waters which form or cross the
boundary between the United States and Mexico;
(C) a summary of the progress made by the Commissioner
during the fiscal year in entering into agreement pursuant to
subsection (b)(1);
(D) a summary of the progress made toward fulfilling the
recommendations included in an agreement referred to in
subparagraph (C);
(E) a summary of any actions taken by the Commissioner to
plan, construct, operate, and maintain treatment works
pursuant to this section;
(F) a summary of the consultations made by the Commissioner
pursuant to subsection (e);
(G) recommendations that the Commissioner determines will
be beneficial in correcting pollution caused by the discharge
of raw and inadequately treated sewage from the Republic of
Mexico to waters which form or cross the boundary between the
United States and Mexico; and
(H) such other information as the Commissioner determines
is necessary or appropriate.
(f) Authorization of Appropriations.--
(1) there is authorized to be appropriated to the Secretary
of State such sums as may be necessary to support agreements
concluded pursuant to subsection (b).
(2) nothing in this section authorizes funds appropriated
pursuant to the fiscal year 1994 appropriations bill for the
Departments of Veterans Affairs, Housing and Urban
Development, and Independent Agencies (Public Law 103-124).
TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994-
SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Arms
Control and Nonproliferation Act of 1994''.
(b) References in Title.--Except as specifically provided
in this title, whenever in this title an amendment or repeal
is expressed as an amendment to or repeal of a provision, the
reference shall be deemed to be made to the Arms Control and
Disarmament Act.
SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) Congressional Declarations.--The Congress declares
that--
(1) a fundamental goal of the United States, particularly
in the wake of the highly turbulent and uncertain
international situation fostered by the end of the Cold War,
the disintegration of the Soviet Union and the resulting
emergence of fifteen new independent states, and the
revolutionary changes in Eastern Europe, is to eliminate
chemical and biological weapons and to reduce and limit the
large numbers of nuclear weapons in the former Soviet Union
and, more generally, to prevent the proliferation of weapons
of mass destruction and their means of delivery, and of high-
technology conventional armaments as well as to prevent
regional conflicts and conventional arms races; and
(2) an ultimate goal of the United States continues to be a
world in which the use of force is subordinated to the rule
of law and international change is achieved peacefully
without the danger and burden of destabilizing and costly
armaments.
(b) Purpose.--The purpose of this title is--
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms control,
nonproliferation, and disarmament activities of the United
States Arms Control and Disarmament Agency.
SEC. 803. PURPOSES.
Section 2 (22 U.S.C. 2551) is amended in the text following
the third undesignated paragraph by striking paragraphs (a),
(b), (c), and (d) and by inserting the following new
paragraphs:
``(1) The preparation for and management of United States
participation in international negotiations and
implementation fora in the arms control and disarmament
field.
``(2) When directed by the President, the preparation for,
and management of, United States participation in
international negotiations and implementation fora in the
nonproliferation field.
``(3) The conduct, support, and coordination of research
for arms control, nonproliferation, and disarmament policy
formulation.
``(4) The preparation for, operation of, or, as
appropriate, direction of, United States participation in
such control systems as may become part of United States arms
control, nonproliferation, and disarmament activities.
``(5) The dissemination and coordination of public
information concerning arms control, nonproliferation, and
disarmament.''.
SEC. 804. REPEALS.
The following provisions of law are hereby repealed:
(1) Section 26 (22 U.S.C. 2566), relating to the General
Advisory Committee.
(2) Section 36 (22 U.S.C. 2578), relating to arms control
impact information and analysis.
(3) Section 38 (22 U.S.C. 2578), relating to reports on
Standing Consultative Commission activities.
(4) Section 1002 of the Department of Defense Authorization
Act, 1986 (22 U.S.C. 2592a), relating to an annual report on
Soviet compliance with arms control commitments.
SEC. 805. DIRECTOR.
Section 22 (22 U.S.C. 2562) is amended to read as follows:
``DIRECTOR
``Sec. 22. (a) Appointment.--The Agency shall be headed by
a Director appointed by the President, by and with the advice
and consent of the Senate. No person serving on active duty
as a commissioned officer of the Armed Forces of the United
States may be appointed Director.
``(b) Duties.--(1) The Director shall serve as the
principal adviser to the Secretary of State, the National
Security Council, and the President and other executive
branch Government officials on matters relating to arms
control, nonproliferation, and disarmament matters. In
carrying out his duties under this Act, the Director, under
the direction of the President and the Secretary of State,
shall have primary responsibility within the Government for
matters relating to arms control and disarmament, and,
whenever directed by the President, primary responsibility
within the Government for matters relating to
nonproliferation.
``(2) The Director shall attend all meetings of the
National Security Council involving weapons procurement, arms
sales, consideration of the defense budget, and all arms
control, nonproliferation, and disarmament matters.''.
SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.
Section 25 (22 U.S.C. 2565) is amended to read as follows:
``SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.
``The Director, under the direction of the Secretary of
State, may establish within the Agency such bureaus, offices,
and divisions as he may determine to be necessary to
discharge his responsibilities pursuant to this Act,
including a bureau of intelligence and information support
and an office to perform legal services for the Agency.''.
SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.
(a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are
redesignated as sections 26 and 27, respectively.
(b) Section 26 (as redesignated by subsection (a)) is
amended to read as follows:
``PRESIDENTIAL SPECIAL REPRESENTATIVES
``Sec. 26. The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of
the President for Arms Control, Nonproliferation, and
Disarmament. Each Presidential Special Representative shall
hold the personal rank of ambassador. Presidential Special
Representatives appointed under this section shall perform
their duties and exercise their powers under direction of the
President and the Secretary of State, acting through the
Director. The Agency shall be the Government agency
responsible for providing administrative support, including
funding, staff, and office space, to all Presidential Special
Representatives.''.
SEC. 808. POLICY FORMULATION.
Section 33 (22 U.S.C. 2573) is amended to read as follows:
``POLICY FORMULATION
``Sec. 33. (a) Formulation.--The Director shall prepare for
the President, the Secretary of State, and the heads of such
other Government agencies as the President may determine,
recommendations and advice concerning United States arms
control, nonproliferation, and disarmament policy.
``(b) Prohibition.--No action shall be taken pursuant to
this or any other Act that would obligate the United States
to reduce or limit the Armed Forces or armaments of the
United States in a militarily significant manner, except
pursuant to the treaty-making power of the President set
forth in Article II, Section 2, Clause 2 of the Constitution
or unless authorized by the enactment of further affirmative
legislation by the Congress of the United States.''.
SEC. 809. NEGOTIATION MANAGEMENT.
Section 34 (22 U.S.C. 2574) is amended to read as follows:
``negotiation management
``Sec. 34. (a) Responsibilities.--The Director, under the
direction of the President and the Secretary of State, shall
have primary responsibility for the preparation, conduct, and
management of United States participation in all
international negotiations and implementation fora in the
field of arms control and disarmament and shall have primary
responsibility, whenever directed by the President, for the
preparation, conduct, and management of United States
participation in international negotiations and
implementation fora in the field of nonproliferation. In
furtherance of these responsibilities Special Representatives
of the President for Nonproliferation, established pursuant
to section 26, shall, as directed by the President, serve as
the United States Government representatives to international
organizations, conferences, and activities relating to the
field of nonproliferation, such as the preparations for and
conduct of the review relating to the Treaty on the Non-
Proliferation of Nuclear Weapons.
``(b) Functions With Respect to the United States
Information Agency.--The Director shall perform functions
pursuant to section 2(c) of the Reorganization Plan 8 of 1953
with respect to providing to the United States Information
Agency official United States positions and policy on arms
control, nonproliferation, and disarmament matters for
dissemination abroad.
``(c) Authority.--The Director is authorized--
``(1) to formulate plans and make preparations for the
establishment, operation, and funding of inspections and
control systems which may become part of the United States
arms control, nonproliferation, and disarmament activities;
and
``(2) as authorized by law, to put into effect, direct, or
otherwise assume United States responsibility for such
systems.''.
SEC. 810. REPORT ON MEASURES TO COORDINATE RESEARCH AND
DEVELOPMENT.
Not later than March 31, 1995, the President shall submit
to the Congress a report prepared by the Director of the
United States Arms Control and Disarmament Agency, in
coordination with the Secretary of State, the Secretary of
Defense, the Secretary of Energy, the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence,
with respect to the procedures established pursuant to
section 35 of the Arms Control and Disarmament Act (22 U.S.C.
2575) for the effective coordination of research and
development on arms control, nonproliferation, and
disarmament among all departments and agencies of the
executive branch of Government.
SEC. 811. NEGOTIATING RECORDS.
(a) In General.--The Arms Control and Disarmament Act is
amended by inserting after section 35 the following:
``NEGOTIATING RECORDS
``Sec. 36. (a) Preparation of Records.--The Director shall
establish and maintain records for each arms control,
nonproliferation, and disarmament agreement to which the
United States is a party and which was under negotiation or
in force on or after January 1, 1990, which shall include
classified and unclassified materials such as instructions
and guidance, position papers, reporting cables and memoranda
of conversation, working papers, draft texts of the
agreement, diplomatic notes, notes verbal, and other internal
and external correspondence.
``(b) Negotiating and Implementation Records.--In
particular, the Director shall establish and maintain a
negotiating and implementation record for each such
agreement, which shall be comprehensive and detailed, and
shall document all communications between the parties with
respect to such agreement. Such records shall be maintained
both in hard copy and magnetic media.
``(c) Participation of Agency Personnel.--In order to
implement effectively this section, the Director shall ensure
that Agency personnel participate throughout the negotiation
and implementation phases of all arms control,
nonproliferation, and disarmament agreements.''.
(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on
Foreign Relations of the Senate a detailed report describing
the actions he has undertaken to implement section 36 of the
Arms Control and Disarmament Act.
SEC. 812. VERIFICATION OF COMPLIANCE.
Section 37 (22 U.S.C. 2577) is amended to read as follows:
``VERIFICATION OF COMPLIANCE
``Sec. 37. (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
adequately verified, the Director shall report to Congress,
on a timely basis, or upon request by an appropriate
committee of the Congress--
``(1) in the case of any arms control, nonproliferation, or
disarmament agreement that has been concluded by the United
States, the determination of the Director as to the degree to
which the components of such agreement can be verified;
``(2) in the case of any arms control, nonproliferation, or
disarmament agreement that has entered into force, any
significant degradation or alteration in the capacity of the
United States to verify compliance of the components of such
agreement; and
``(3) the amount and percentage of research funds expended
by the Agency for the purpose of analyzing issues relating to
arms control, nonproliferation, and disarmament verification.
``(b) Standard for Verification of Compliance.--In making
determinations under paragraphs (1) and (2) of subsection
(a), the Director shall assume all measures of concealment
not expressly prohibited could be employed and that standard
practices could be altered so as to impede verification.
``(c) Rule of Construction.--Except as otherwise provided
for by law, nothing in this section may be construed as
requiring the disclosure of sensitive information relating to
intelligence sources or methods or persons employed in the
verification of compliance with arms control,
nonproliferation, and disarmament agreements.
``(d) Participation of the Agency.--In order to ensure
adherence of the United States to obligations or commitments
undertaken in arms control, nonproliferation, and disarmament
agreements, and in order for the Director to make the
assessment required by section 51(a)(5), the Director, or the
Director's 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 United States adherence to obligations
undertaken in arms control, nonproliferation, or disarmament
agreements.''.
SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERATION
MATTERS.
(a) Amendments to the Arms Export Control Act.--(1) Section
38(a)(2) of the Arms Export Control Act (22 U.S.C.
2778(a)(2)) is amended to read as follows:
``(2) Decisions on issuing export licenses under this
section shall be made in coordination with the Director of
the United States Arms Control and Disarmament Agency, taking
into account the Director's assessment as to whether the
export of an article would contribute to an arms race,
support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements. The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director determines that the
issuance of an export license under this section would be
detrimental to the national security of the United States, to
recommend to the President that such export license be
disapproved.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is
amended--
(A) by redesignating clauses (1), (2), and (3) as clauses
(A), (B), and (C), respectively;
(B) by inserting ``(1)'' immediately after ``(a)'';
(C) by amending clause (C) (as redesignated) to read as
follows:
``(C) the assessment of the Director of the United States
Arms Control and Disarmament Agency as to whether, and the
extent to which, such sale might contribute to an arms race,
support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements;''; and
(D) by adding at the end the following:
``(2) Any proposed sale made pursuant to this Act shall be
approved only after consultation with the Director of the
United States Arms Control and Disarmament Agency. The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director determines that a sale
under this section would be detrimental to the national
security of the United States, to recommend to the President
that such sale be disapproved.''.
(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is
amended by inserting ``and the Director of the Arms Control
and Disarmament Agency'' after ``The Secretary of Defense''.
(4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``Secretary of
Defense''.
(5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``The Secretary
of Commerce''.
(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is
amended by inserting ``to include the Director of the Arms
Control and Disarmament Agency'' after ``other appropriate
Government agencies''.
(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``The Secretary
of Commerce''.
(b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978
(42 U.S.C. 2139(a)) is amended in the second sentence by
striking out ``, as required,''.
SEC. 814. APPOINTMENT AND COMPENSATION OF PERSONNEL.
Section 41(b) (22 U.S.C. 2581(b)) is amended by striking
all that follows ``General Schedule pay rates,'' and
inserting in lieu thereof ``except that--
``(1) the Director may, to the extent the Director
determines necessary, appoint in the excepted service, and
fix the compensation of, employees possessing specialized
technical expertise without regard to provisions of title 5,
United States Code, governing appointment or compensation of
employees of the United States,
``(2) an employee who is appointed under this provision may
not be paid a salary in excess of the rate payable for
positions of equivalent difficulty or responsibility, and in
no event, may be paid at a rate exceeding the maximum rate in
effect for level 15 of the General Schedule, and
``(3) the number of employees appointed under this
paragraph shall not exceed ten percent of the number of
positions allowed under the Agency's full-time equivalent
limitation.''.
SEC. 815. SECURITY REQUIREMENTS.
Section 45(a) (22 U.S.C. 2585) is amended in the third
sentence--
(1) by inserting ``or employed directly from other
Government agencies'' after ``persons detailed from other
Government agencies''; and
(2) by striking ``by the Department of Defense or the
Department of State'' and inserting ``by such agencies''.
SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--Title IV of the Arms Control and
Disarmament Act is amended--
(1) by striking sections 49 and 50;
(2) by redesignating sections 51 and 53 as sections 49 and
50, respectively; and
(3) by inserting after section 50 (as redesignated by
paragraph (2)) the following new sections:
``ANNUAL REPORT TO CONGRESS
``Sec. 51. (a) In General.--Not later than January 31 of
each year, the President shall submit to the Speaker of the
House of Representatives and to the chairman of the Committee
on Foreign Relations of the Senate a report prepared by the
Director, in consultation with the Secretary of State, the
Secretary of Defense, the Secretary of Energy, the Chairman
of the Joint Chiefs of Staff, and Director of Central
Intelligence, on the status of United States policy and
actions with respect to arms control, nonproliferation, and
disarmament. Such report shall include--
``(1) a detailed statement concerning the arms control and
disarmament objectives of the executive branch of Government
for the forthcoming year;
``(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the
forthcoming year;
``(3) a detailed assessment of the status of any ongoing
arms control or disarmament negotiations, including a
comprehensive description of negotiations or other activities
during the preceding year and an appraisal of the status and
prospects for the forthcoming year;
``(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including
a comprehensive description of the negotiations or other
activities during the preceding year and an appraisal of the
status and prospects for the forthcoming year;
``(5) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each relevant
agency or department of the United States to ensure adherence
to such obligations, a description of national security
programs with a direct bearing on questions of adherence to
such obligations and of steps being taken to ensure
adherence, and a compilation of any substantive questions
raised during the preceding year and any corrective action
taken; and
``(6) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements to which the
United States is a participating state, including information
on actions taken by each nation with regard to the size,
structure, and disposition of its military forces in order to
comply with arms control, nonproliferation, or disarmament
agreements, and shall include, in the case of each agreement
about which compliance questions exist--
``(A) a description of each significant issue raised and
efforts made and contemplated with the other participating
state to seek resolution of the difficulty;
``(B) an assessment of damage, if any, to the United States
security and other interests; and
``(C) recommendations as to any steps that should be
considered to redress any damage to United States national
security and to reduce compliance problems.
``(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate.
``AUTHORIZATION OF APPROPRIATIONS
``Sec. 52. (a) Authorization of Appropriations.--To carry
out the purposes of this Act, there are authorized to be
appropriated--
``(1) $57,500,000 for fiscal year 1994 and $59,375,000 for
fiscal year 1995; and
``(2) such additional amounts as may be necessary for each
fiscal year for which an authorization of appropriations is
provided for in paragraph (1) of this subsection 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) Transfer of Funds.--Funds appropriated pursuant to
this section may be allocated or transferred to any agency
for carrying out the purposes of this Act. Such funds shall
be available for obligation and expenditure in accordance
with the authorities of this Act or in accordance with the
authorities governing the activities of the agencies to which
such funds are allocated or transferred.
``(c) Limitation.--Not more than 12 percent of any
appropriation made pursuant to this Act shall be obligated or
reserved during the last month of the fiscal year.''.
(b) Effective Date.--So much of the amendment made by
subsection (a) as inserts section 52 of the Arms Control and
Disarmament Act shall be deemed to have become effective as
of October 1, 1993.
SEC. 817. CONFORMING AMENDMENTS.
(a) Section 2 (22 U.S.C. 2551) is amended--
(1) in the second undesignated paragraph, by inserting ``,
nonproliferation,'' after ``Arms control''; and
(2) in the second and third undesignated paragraphs, by
inserting ``, nonproliferation,'' after ``arms control'' each
place it appears.
(b) Section 28 (22 U.S.C. 2568) is amended--
(1) in the first sentence, by striking ``field of arms
control and disarmament'' and inserting ``fields of arms
control, nonproliferation, and disarmament''; and
(2) in the second sentence, by inserting ``,
nonproliferation,'' after ``arms control''.
(c) Section 31 (22 U.S.C. 2571) is amended--
(1) in the text above paragraph (a), by striking ``field of
arms control and disarmament'' each of the three places it
appears and inserting ``fields of arms control,
nonproliferation, and disarmament'';
(2) in the first sentence, by inserting ``and
nonproliferation'' after disarmament; and
(3) in the fourth sentence, by inserting ``,
nonproliferation,'' after arms control each of the eight
places it appears.
(d) Section 35 (22 U.S.C. 2575) is amended by inserting ``,
nonproliferation,'' after ``arms control''.
(e) Section 39 (22 U.S.C. 2579) is amended by inserting ``,
nonproliferation,'' after ``arms control'' each of the two
places it appears.
TITLE IX--ANTI-ECONOMIC DISCRIMINATION ACT OF 1994
SEC. 901. SHORT TITLE.
This title may be cited as the ``Anti-Economic
Discrimination Act of 1994''.
SEC. 902. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) certain countries maintain an economic boycott of
Israel, including a secondary boycott of companies that have
investments in or trade with Israel;
(2) the secondary boycott has caused economic damage to the
countries that maintain the boycott as well as to Israel;
(3) the secondary boycott causes great difficulties for
United States firms that trade with Israel, depriving them of
trade opportunities and violating internationally accepted
principles of free trade;
(4) the United States has a longstanding policy opposing
the Arab League boycott and United States law prohibits
American firms from providing information to Arab countries
to demonstrate compliance with the boycott;
(5) many American companies may be denied contracts in the
West Bank and Gaza for infrastructure development because
they conduct business with Israel;
(6) many American companies may be denied contracts by the
Kuwaiti Government for the reconstruction of Kuwait because
they conduct business with Israel;
(7) under the Administration's leadership the United States
has sent a clear, consistent and unambiguous message that the
Arab League boycott of companies that do business with Israel
is an obstacle to peace and should be terminated;
(8) the United States has laws prohibiting United States
firms from providing Arab states with the requested
information about compliance with boycott regulations;
(9) the United States Trade Representative, in August 1993,
commissioned the International Trade Commission to undertake
a study of the boycott's impact on United States businesses
which will provide, for the first time, a carefully
researched estimate of the impact of the boycott on the
United States;
(10) the Administration has conducted an active diplomatic
campaign to convince Arab League countries that the time to
end the boycott and economic discrimination against United
States businesses is now;
(11) the Administration's efforts have produced encouraging
developments, as for example, with statements by officials of
the Arab League that at its next meeting in March, the Arab
League states will consider ending their discrimination
against firms that do business with Israel and the decision
to postpone the October 1993 meeting of the Central Boycott
Committee;
(12) under United States leadership, the G-7 countries have
unconditionally called for an end to the Arab boycott;
(13) the President, the Vice President, the Secretary of
State and other senior Administration officials have assured
the Congress that they will speak forcefully and candidly, in
every forum which touches upon the search for peace in the
Middle East, about the need to end the boycott;
(14) the Congress wishes to support the efforts of the
Administration and to help see the promises made to date
translated into tangible results;
(15) the statements made by Arab leaders must be translated
into action, as measured by quarterly reports from the Office
of Anti-Boycott Compliance.
SEC. 903. 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 secondary or
tertiary Arab boycott, 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.
(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 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.
TITLE X--MIDDLE EAST PEACE FACILITATION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Middle East Peace
Facilitation Act of 1994''.
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the Palestine Liberation Organization has recognized
the State of Israel's right to exist in peace and security
and to amend its covenant to recognize that fact; 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. 1003. 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 180 days any provision of law specified in subsection
(c). The President may continue the suspension for a period
or periods of not more than 180 days if, before each such
period, the President satisfies the requirements of
subsection (b). Any suspension shall cease to be effective
after 180 days, or at such earlier date as the President may
specify.
(b) Conditions.--
(1) 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.
(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 in good faith 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, or if the Congress determines by Joint
Resolution, that the Palestine Liberation Organization has
not continued to abide in good faith by all the commitments
described in paragraph (4).
(A) Any joint resolution under this subsection shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions under this subsection, a
motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House
of Representatives.
(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 Covenant
regarding recognizing Israel's right to exist in peace and
security, and
(B) in, and resulting from the implementation of, the
Declaration of Principles on Interim Self-Government
Arrangements signed on September 13, 1993.
(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) as it applies with respect to the Palestine
Liberation Organization or entities associated with it.
(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) 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.
(d) Relevent 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, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
TITLE XI--IRAN-IRAQ ARMS NON-PROLIFERATION AMENDMENTS OF 1994
SEC. 1101. SHORT TITLE, REFERENCES IN TITLE.
(a) Short Title.--This title may be cited as the ``Iran-
Iraq Arms Non-Proliferation Amendments of 1994''.
(b) Reference in Title.--Except as specifically provided in
this title, whenever in this title an amendment or repeal is
expressed as an amendment to or repeal of a provision, the
reference shall be deemed to be made to the National Defense
Authorization Act for Fiscal Year 1993.
SEC. 1102. STATEMENT OF POLICY.
It is the policy of the United States to halt the
proliferation of advanced conventional weapons within Iran
and Iraq.
SEC. 1103. STATEMENT OF PURPOSE.
It is the purpose of this title to impose additional
sanctions against those foreign countries and persons that
transfer destabilizing numbers and types of advanced
conventional weapons, or goods and technology that assist in
enhancing the capabilities of Iran and Iraq to manufacture
and deliver such weapons.
SEC. 1104. SANCTIONS AGAINST PERSONS.
Section 1604 is amended to read as follows:
``(a) Prohibition.--If the President determines that any
person has transferred or retransferred goods or technology
so as to contribute knowingly and materially to the efforts
by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire destabilizing numbers and types of
advanced conventional weapons, then--
``(1) the sanctions described in subsection (b) shall be
imposed; and
``(2) the President may apply, in the discretion of the
President, the sanctions described in subsection (c).
``(b) Mandatory Sanctions.--The sanctions to be imposed
pursuant to subsection (a)(1) are as follows:
``(1) Procurement sanction.--Except as provided in
subsection (d), the United States Government shall not
procure directly or indirectly, or enter into any contract
for the procurement of, any goods or services from the
sanctioned person.
``(2) Export sanction.--The United States Government shall
not issue any license for any export by or to the sanctioned
person.
``(c) Discretionary Sanctions.--The sanctions referred to
in subsection (a)(2) are as follows:
``(1) Transiting united states territory.--
``(A) Notwithstanding any other provision of law (other
than a treaty or other international agreement), no employee
or official of a sanctioned person and no good or technology
that is manufactured, produced, sold, or shipped by the
sanctioned person may transit by vessel or aircraft any
territory subject to the jurisdiction of the United States.
The Secretary of Transportation may promulgate regulations,
as necessary, to provide for the implementation of this
sanction in the most effective manner.
``(B) The Secretary of Transportation may provide for such
exceptions from this paragraph as the Secretary considers in
the interest of the United States.
``(2) Financial institutions.--(A) The President may by
order prohibit any depositary institution that is chartered
by, or that has its principal place of business within, a
State or the United States from making any loan or providing
any credit to the sanctioned person, except for loans or
credits for the purpose of purchasing food or other
agricultural commodities.
``(B) As used in this paragraph, the term `depository
institution' means a bank or savings association, as defined
in section 3 of the Federal Deposit Insurance Act.
``(3) Use of authorities of the international emergency
economic powers act.--The President may exercise the
authorities of the International Emergency Economic Powers
Act to prohibit any transaction involving any property in
which the sanctioned person has any interest whatsoever
except for transactions involving the provision of
humanitarian assistance.
``(4) Prohibition on vessels that enter ports of sanctioned
countries to engage in trade.--
``(A) In general.--Beginning on the 10th day after a
sanction is imposed under this Act against a country, a
vessel which enters a port or place in the sanctioned country
to engage in the trade of goods or services may not if the
President so requires within 180 days after departure from
such port or place in the sanctioned country, load or unload
any freight at any place in the United States.
``(B) Definitions.--As used in this paragraph, the term
`vessel' includes every description of water craft or other
contrivance used, or capable of being used, as a means of
transportation in water, but does not include aircraft.
``(d) Exceptions.--The sanction described in subsection
(b)(1) shall not apply--
``(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
operational military requirements essential to the national
security of the United States;
``(B) if the President determines that the person or other
entity to which the sanctions 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 that such articles or
services are essential to the national security under defense
coproduction agreements;
``(2) to products or services provided under contracts
entered into before the date on which the President makes a
determination under subsection (a);
``(3) in the case of contracts entered into before the date
on which the President makes a determination under subsection
(a), with respect to--
``(A) spare parts which are essential to United States
products or production; or
``(B) component parts, but not finished products, essential
to United States products or production; or
``(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
``(4) to information and technology essential to United
States products or production; or
``(5) to medical or other humanitarian items.
``(e) Consultation With and Actions By Foreign Government
of Jurisdiction.--
``(1) Consultations.--Whenever the President makes a
determination under subsection (a) with respect to a foreign
person, the Congress urges the President--
``(A) to initiate consultations immediately with the
government with primary jurisdiction over that foreign person
with respect to the imposition of sanctions pursuant to this
section; and, as appropriate,
``(B) to take steps in the United Nations and other
multilateral groups to negotiate comprehensive multilateral
sanctions pursuant to the provisions of chapter 7 of the
United Nations Charter, including a partial or complete
embargo, against the government of the foreign country of
primary jurisdiction over that sanctioned person, as long as
that government has not taken specific and effective actions,
including appropriate penalties, to terminate the involvement
of the sanctioned person or firm in the activities described
in section 1604(a).
``(2) Actions by government of jurisdiction.--In order to
pursue such consultations with the government, the President
may delay imposition of sanctions pursuant to subsections (b)
and (c) for up to 90 days. Following these consultations, the
President shall impose sanctions immediately unless the
President determines and certifies to the Congress that that
government has taken specific and effective actions,
including appropriate penalties, to terminate the involvement
of the foreign person in the activities described in
subsection (a). The President may delay the imposition of
sanctions for up to an additional 90 days if the President
determines and certifies 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 the
application of sanctions under this section, 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 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.''.
SEC. 1105. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
Section 1605 is amended--
(1) in subsection (a)(2), by striking ``sanction'' and
inserting ``sanctions'';
(2) in subsection (c)--
(A) by striking ``Sanction.--The sanction referred to in
subsection (a)(2) is'' and inserting ``Sanctions.--The
sanctions referred to in subsection (a)(2) are''; and
(B) by adding at the end the following new paragraphs:
``(3) Diplomatic relations.--The President is urged to
downgrade or suspend diplomatic relations between the United
States and the government of the sanctioned country.
``(4) Suspension of trade agreements.--The President may
exercise the authorities of the International Emergency
Economic Powers Act to suspend any trade agreement with the
sanctioned country, except those affecting imports into the
United States for the sanctioned country.
``(5) Revocations of licenses for export of nuclear
material.--The Nuclear Regulatory Commission is authorized to
revoke any license for the export of nuclear material
pursuant to a nuclear cooperation agreement with the
sanctioned country.
``(6) Presidential action regarding aviation.--
``(A)(i) The President is authorized to notify the
government of a sanctioned country of his intention to
suspend the authority of foreign air carriers owned or
controlled by the government of that country to engage in
foreign air transportation to or from the United States.
``(ii) The President is authorized to direct the Secretary
of Transportation to suspend at the earliest possible date
the authority of any foreign air carrier owned or controlled,
directly or indirectly, by that government to engage in
foreign air transportation to or from the United States,
notwithstanding any agreement relating to air services.
``(B)(i) The President may direct the Secretary of State to
terminate any air service agreement between the United States
and a sanctioned country in accordance with the provisions of
that agreement.
``(ii) Upon termination of an agreement under this
subparagraph, the Secretary of Transportation is authorized
to take such steps as may be necessary to revoke at the
earliest possible date the right of any foreign air carrier
owned, or controlled, directly or indirectly, by the
government of that country to engage in foreign air
transportation to or from the United States.
``(C) The President may direct the Secretary of
Transportation to provide for such exceptions from this
subsection as the President considers necessary to provide
for emergencies in which the safety of an aircraft or its
crew or passengers is threatened.
``(D) For purposes of this paragraph, the terms `aircraft',
`air carrier', `air transportation', and `foreign air
carrier' have the meanings given those terms in section 101
of the Federal Aviation Act of 1958 (49 U.S.C. 1301).
``(7) Other sanctions.--The President may apply the
sanctions described in section 1605(c) with respect to
actions of a foreign government.''.
SEC. 1106. WAIVER.
Section 1606 is amended--
(1) by striking ``waiver'' each place it appears and
inserting ``modification, and waiver''; and
(2) by striking ``waive'' each place it appears and
inserting ``modify or waive''.
SEC. 1107. TERMINATION OF SANCTIONS.
The Act is amended by inserting after section 1606 the
following new section:
``SEC. 1606A. TERMINATION OF SANCTIONS.
``Except as otherwise provided in this title, the sanctions
imposed pursuant to the Act shall apply for a period of at
least 24 months following the imposition of sanctions and
shall case to apply thereafter only if the President
determines and certifies to the Congress that--
``(1) reliable information indicates that the government of
jurisdiction has taken specific and effective action,
including appropriate penalties, to terminate the involvement
of the sanctioned person in the sanctionable activity;
``(2) the President has received reliable assurances from
the sanctioned government that such government will not, in
the future, violate this Act.''.
SEC. 1108. STAY OF SANCTIONS.
The Act is amended by inserting after section 1607 the
following new section:
``(a) Criterion for Stay.--The President may stay the
imposition of any sanction on any entity in order to
protect--
``(1) ongoing criminal investigations, or
``(2) sensitive intelligence sources and methods which are
being used to acquire further information on the
proliferation of advanced conventional weapons, weapons of
mass destruction, or missiles that would be comprised by the
publication of the sanctioned entity's name.
``(b) Determination.--The President shall exercise the
authority described in paragraph (1) only when the President
determines that the non-proliferation goals of the Act are
better served by delaying the imposition of sanctions rather
than by compromising the criminal investigation or
intelligence sources and methods at issue.
``(c) Lifting of Stay.--The President shall lift any stay
imposed pursuant to this subsection as soon as the basis for
the determination made pursuant to paragraph (2) no longer
exists.
``(d) Notification and Report to Congress.--Whenever the
duration of any stay imposed pursuant to this subsection
exceeds 120 days, the President shall promptly report to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives the rationale and circumstances that led the
President to exercise the stay authority.''.
SEC. 1109. RULES AND REGULATIONS.
The Act is amended by inserting after section 1607 the
following new section:
``SEC. 1607A. RULES AND REGULATIONS.
``The President is authorized to prescribe such rules and
regulations as the President may require to carry out this
Act.''.
SEC. 1110. DEFINITIONS.
Section 1608 is amended by adding at the end the following
new paragraph;
``(8) The term `goods or technology' includes any item of
the type that is listed on the Nuclear Referral List under
section 309(c) of the Nuclear Non-Proliferation Act of 1978,
the United States Munitions List (established in section 38
of the Arms Export Control Act), or the MTCR Annex (as
defined in section 74(4) of the Arms Export Control Act) or
any item that is subject to licensing by the Nuclear
Regulatory Commission.
``(9) The term `United States' includes territories and
possessions of the United States and the customs waters of
the United States, as defined in section 401 of the Tariff
Act of 1930 (19 U.S.C. 1401).''.
SEC. 1111. SENSE OF THE SENATE.
Whereas both Iran and Iraq have re-emerged as continuing
threats to the peace and stability of the Middle East and
thus pose a threat to the stability of the post-Cold War
world, it is the sense of the Senate that the conference
agreement on H.R. 2333 should include as additional
discretionary sanctions under section 1105 of this title
denial of Most-Favored-Nation status to a sanctioned country
and suspension of special trade privileges for a sanctioned
country which were extended pursuant to the Generalized
System of Preferences or the Caribbean Basin Initiative.
TITLE XII--IMMIGRATION AND NATIONALITY ACT
SEC. 1201. ALIEN PHYSICALLY PRESENT IN UNITED STATES.
Section 245 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1255), is amended by adding at the end
thereof the following new subsection:
``(i)(1) Notwithstanding the provisions of subsections (a)
and (c) of this section, an alien physically present in the
United States who (A) entered the United States without
inspection; or (B) is within one of the classes enumerated in
subsection (c) of this section may apply to the Attorney
General for the adjustment of his or her status to that of an
alien lawfully admitted for permanent residence. The Attorney
General may accept such application only if the alien remits
with such application a sum equalling five times the fee
required for the processing of applications under this
section as of the date of receipt of the application. The sum
specified herein shall be in addition to the fee normally
required for the processing of an application under this
section.
``(2) Upon receipt of such an application and the sum
hereby required, the Attorney General may adjust the status
of the alien to that of an alien lawfully admitted for
permanent residence if (A) the alien is eligible to receive
an immigrant visa and is admissible to the United States for
permanent residence; and (B) an immigrant visa is immediately
available to the alien at the time the application is filed.
``(3) Sums remitted to the Attorney General pursuant to
paragraphs (1) and (2) of this subsection shall be disposed
of by the Attorney General as provided in sections 286 (m),
(n), and (o) of this title.''.
SEC. 1202. ALIEN VISA.
Section 212(a)(9) of the Immigration and Nationality Act,
as amended (8 U.S.C. 1182(a)(9)), is amended by adding at the
end thereof the following:
``(D) An alien applying for an immigrant visa who has been
physically present in the United States within the ninety day
period immediately preceding the date of such application is
excludable.''.
TITLE XIII--NUCLEAR PROLIFERATION PREVENTION ACT OF 1994
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Nuclear Proliferation
Prevention Act of 1994''.
Subtitle A--Reporting on Nuclear Exports
SEC. 1311. REPORTS TO CONGRESS.
Section 601(a) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 3281(a)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding after paragraph (5) the following:
``(6) a description of the implementation of nuclear and
nuclear-related dual-use export controls in the preceding
calendar year, including a summary by type of commodity and
destination of--
``(A) all transactions for which--
``(i) an export license was issued for any good controlled
under section 309(c) of the Nuclear Non-Proliferation Act of
1978;
``(ii) an export license was issued under section 109 b. of
the 1954 Act;
``(iii) approvals were issued under the Export
Administration Act of 1979, or section 109 b.(3) of the 1954
Act, for the retransfer of any item, technical data,
component, or substance; or
``(iv) authorizations were made as required by section 57
b.(2) of the 1954 Act to engage, directly or indirectly, in
the production of special nuclear material;
``(B) each instance in which--
``(i) a sanction has been imposed under section 1321(a) of
the Nuclear Proliferation Prevention Act of 1994, section
1002(b)(1) of the Arms Export Control Act, or section 601 or
602 of the Federal Deposit Insurance Corporation Improvement
Act of 1991;
``(ii) sales or leases have been denied under section 3(f)
of the Arms Export Control Act or transactions prohibited by
reason of acts relating to proliferation of nuclear explosive
devices as described in section 40(d) of that Act;
``(iii) a sanction has not been imposed by reason of
section 1321(c)(2) of the Nuclear Proliferation Prevention
Act of 1994 or the imposition of a sanction has been delayed
under section 1002(b)(4) of the Arms Export Control Act; or
``(iv) a waiver of a sanction has been made under--
``(I) section 1321(f) of the Nuclear Proliferation
Prevention Act of 1994,
``(II) section 620E(d) of the Foreign Assistance Act of
1961, or paragraph (5) or (6)(B) of section 1002(b) of the
Arms Export Control Act,
``(III) section 605 of the Federal Deposit Insurance
Corporation Improvement Act of 1991;
``(IV) section 40(g) of the Arms Export Control Act with
respect to the last sentence of section 40(d) of that Act, or
``(V) section 614 of the Foreign Assistance Act of 1961
with respect to section 620E of that Act or section 3(f), the
last sentence of section 40(d), or 1002(b)(1) of the Arms
Export Control Act; and
``(C) the progress of those independent states of the
former Soviet Union that are non-nuclear-weapon states and of
the Baltic states towards achieving the objective of applying
full scope safeguards to all their peaceful nuclear
activities.
Portions of the information required by paragraph (6) may be
submitted in classified form, as necessary. Any such
information that may not be published or disclosed under
section 12(c)(1) of the Export Administration Act of 1979
shall be submitted as confidential.''.
Subtitle B--Sanction for Nuclear Proliferation
SEC. 1321. IMPOSITION OF SANCTION.
(a) Determination by the President.--
(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 a
foreign person or a United States person, on or after the
effective date of this subtitle, has materially and with
requisite knowledge contributed--
(A) through the export from the United States of any goods
or technology that are subject to the jurisdiction of the
United States, or
(B) through the export from any other country of any goods
or technology that would be, if they were exported from the
United States, subject to the jurisdiction of the United
States,
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 foreign person.
(3) Other sanctions available.--The sanctions which are
required to be imposed for activities described in this
subsection are 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 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.
(c) Sanction.--
(1) Description of sanction.--The sanction to be imposed
pursuant to subsection (a)(1) are, 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) 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.
(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.
(g) Definitions.--For purposes of this section--
(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; and
(2) 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 entity which is
not a foreign person.
SEC. 1322. ELIGIBILITY FOR ASSISTANCE.
(a) Amendments to the Arms Export Control Act.--(1) Section
3 of the Arms Export Control Act (22 U.S.C. 2753) is amended
by adding at the end the following new subsection:
``(f) No sales or leases shall be made to any country that
the President has determined is in material breach of its
binding commitments to the United States under international
treaties or agreements concerning the nonproliferation of
nuclear explosive devices (as defined in section 1330(3) of
the Nuclear Proliferation Prevention Act of 1994) and
unsafeguarded special nuclear material (as defined in section
1330(6) of that Act).''.
(2) Section 40 of such Act (22 U.S.C. 2780) is amended--
(A) in subsection (d), by adding at the end the following
new sentence: ``For purposes of this subsection, such acts
shall include all activities that the Secretary determines
willfully aid or abet the international proliferation of
nuclear explosive devices to individuals or groups or
willfully aid or abet an individual or groups in acquiring
unsafeguarded special nuclear material.''; and
(B) in subsection (l)--
(i) in paragraph (2), by striking ``and'' after the
semicolon;
(ii) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(4) the term `nuclear explosive device' has the meaning
given that term in section 1330(3) of the Nuclear
Proliferation Prevention Act of 1994; and
``(5) the term `unsafeguarded special nuclear material' has
the meaning given that term in section 1330(6) of the Nuclear
Proliferation Prevention Act of 1994.''.
(b) Amendment to the Foreign Assistance Act of 1961.--
(1) Notwithstanding any other provision of law,
Presidential Determination No. 82-7 of February 10, 1982,
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
1002(a)(1) of the Arms Eport Act arising on or after the
effective date of this subtitle.
(2) Section 620E(d) of the Foreign Assistance Act of 1961
(22 U.S.C. 2375(d)) is amended to read as follows:
``(d) The President may waive the prohibitions of section
1001 of the Arms Export Control Act with respect to any
grounds for the prohibition of assistance under that section
arising before the effective date of subtitle B of the
Nuclear Proliferation Prevention Act of 1994 to provide
assistance to Pakistan if he determines that to do so is in
the national interest of the United States.''.
SEC. 1323. 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 direct or indirect 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) Duties of United States Executive Directors.--Section
701(b)(3) of the International Financial Institutions Act (22
U.S.C. 262d(b)(3)) is amended to read as follows:
``(3) whether the recipient country--
``(A) is seeking to acquire unsafeguarded special nuclear
material (as defined in section 1330(6) of the Nuclear
Proliferation Prevention Act of 1994) or a nuclear explosive
device (as defined in section 1330(3) of that Act);
``(B) is not a State Party to the Treaty on Non-
Proliferation of Nuclear Weapons; or
``(C) has detonated a nuclear explosive device; and''.
SEC. 1324. AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE
CORPORATION IMPROVEMENT ACT OF 1991.
The Federal Deposit Insurance Corporation Improvement Act
of 1991 is amended by adding at the end the following new
title:
``TITLE VI--SANCTIONS ON FINANCIAL INSTITUTIONS
``SEC. 601. PRESIDENTIAL DETERMINATION.
``(a) In General.--The prohibitions in section 603 shall be
imposed on a financial institution if the President
determines in writing that such financial institution, on or
after the date which is 60 days after the date of enactment
of this section, has materially and with requisite knowledge
contributed, through provision of financing or other
services, 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, as these standards and
terms would be applied under section 1321(a) of the Nuclear
Proliferation Prevention Act of 1994.
``(b) Presidential Order.--Whenever the President makes a
determination under subsection (a) with respect to a
financial institution, the President shall issue an order
specifying a date within 180 days after such determination on
which the prohibitions in section 603 shall begin to apply to
such institution.
``SEC. 602. ADDITIONAL ENTITIES AGAINST WHICH SANCTIONS ARE
TO BE IMPOSED.
``The prohibitions described in section 603 shall also be
imposed, pursuant to section 601, on--
``(1) any successor entity to the financial institution
with respect to which the President makes a determination
under section 601(a);
``(2) any foreign person or United States person that is a
parent or subsidiary of that financial institution if that
parent or subsidiary materially and with requisite knowledge
assisted in the activities which were the basis of that
determination; and
``(3) any foreign person or United States person that is an
affiliate of that financial institution if that affiliate
materially and with requisite knowledge assisted in the
activities which were the basis of such determination and if
that affiliate is controlled in fact by that financial
institution.
``SEC. 603. PROHIBITIONS.
``The following prohibitions shall apply to a financial
institution with respect to which a determination is made
under section 601(a) and to the entities described in section
602:
``(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, such financial
institution or any such entity as a primary dealer in United
States Government debt instruments.
``(B) Government funds.--Such financial institution or any
such entity shall not serve as agent of the United States
Government or serve as repository for United States
Government funds.
``(2) Restrictions on operations.--Such financial
institution or any such entity shall not, directly or
indirectly--
``(A) commence any line of business in the United States in
which it was not engaged as of the date of the determination;
or
``(B) conduct business from any location in the United
States at which it did not conduct business as of the date of
the determination.
``SEC. 604. CONDITIONS AND TERMINATION OF SANCTIONS.
``The same requirements for consultation with the foreign
government of jurisdiction, where appropriate, and for
termination of sanctions shall apply under this title as are
provided in subsections (b) and (e), respectively, of section
1321 of the Nuclear Proliferation Prevention Act of 1994.
``SEC. 605. WAIVER.
``The President may waive the imposition of any prohibition
imposed on any financial institution or other entity pursuant
to section 601 or 602 if the President determines and
certifies in writing to the Congress that the imposition of
such prohibition 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.
``SEC. 606. DEFINITIONS.
``As used in this title--
``(1) the term `financial institution' includes--
``(A) a depository institution, including a branch or
agency of a foreign bank;
``(B) a securities firm, including a broker or dealer;
``(C) an insurance company, including an agency or
underwriter;
``(D) any other company that provides primarily financial
services; or
``(E) any subsidiary of any entity described in
subparagraph (A), (B), (C), or (D);
``(2) 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); and
``(3) the terms `foreign person' and `United States person'
have the meanings given those terms in section 1321(g) of the
Nuclear Proliferation Prevention Act of 1994.''.
SEC. 1325. EXPORT-IMPORT BANK.
Section 2(b)(4) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(4)) is amended in the first sentence by
inserting after ``device'' the following: ``(as defined in
section 1330(3) of the Nuclear Proliferation Prevention Act
of 1994), or that any country has willfully aided or abetted
any non-nuclear-weapon state (as defined in section 1330(4)
of that Act) to acquire any such nuclear explosive device or
to acquire unsafeguarded special nuclear material (as defined
in section 1330(6) of that Act).''.
SEC. 1326. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.
(a) In General.--The Arms Export Control Act is amended by
adding at the end the following new chapter:
``CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS
``SEC. 1001. NUCLEAR ENRICHMENT TRANSFERS.
``(a) Prohibitions; Safeguards and Management.--Except as
provided in subsection (b) of this section, no funds
authorized to be appropriated by the Foreign Assistance Act
of 1961 or this Act may be used for the purpose of providing
economic assistance (including assistance under chapter 4 of
part II of the Foreign Assistance Act of 1961), providing
military assistance or grant military education and training,
providing assistance under chapter 6 of part II of that Act,
or extending military credits or making guarantees, to any
country which, on or after August 4, 1977, delivers nuclear
enrichment equipment, materials, or technology to any other
country, or receives such equipment, materials, or technology
from any other country, unless before such delivery--
``(1) the supplying country and receiving country have
reached agreement to place all such equipment, materials, or
technology, upon delivery, under multilateral auspices and
management when available; and
``(2) the recipient country has entered into an agreement
with the International Atomic Energy Agency to place all such
equipment, materials, technology, and all nuclear fuel and
facilities in such country under the safeguards system of
such Agency.
``(b) Certification by President of Necessity of Continued
Assistance; Concurrent Resolution of Disapproval by
Congress.--(1) Notwithstanding subsection (a) of this
section, the President may furnish assistance which would
otherwise be prohibited under such subsection if he
determines and certifies in writing to the Speaker of the
House of Representatives and the Committee on Foreign
Relations of the Senate that--
``(A) the termination of such assistance would have a
serious adverse effect on vital United States interests; and
``(B) he has received reliable assurances that the country
in question will not acquire or develop nuclear weapons or
assist other nations in doing so.
Such certification shall set forth the reasons supporting
such determination in each particular case.
``(2)(A) A certification under paragraph (1) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within thirty calendar days after receiving this
certification, the Congress adopts a concurrent resolution
stating in substance that the Congress disapproves the
furnishing of assistance pursuant to the certification, then
upon the adoption of that resolution the certification shall
cease to be effective and all deliveries of assistance
furnished under the authority of that certification shall be
suspended immediately.
``(B) Any concurrent resolution under this paragraph shall
be considered in the Senate in accordance with the provisions
of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976.
``(C) For the purpose of expediting the consideration and
adoption of concurrent resolutions under this paragraph, a
motion to proceed to the consideration of any such resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
``SEC. 1002. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS
FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF
NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR
DETONATIONS.
``(a) Prohibitions on Assistance to Countries Involved in
Transfer of Nuclear Reprocessing Equipment, Materials, or
Technology; Exceptions; Procedures Applicable.--(1) Except as
provided in paragraph (2) of this subsection, no funds
authorized to be appropriated by the Foreign Assistance Act
of 1961 or this Act may be used for the purpose of providing
economic assistance (including assistance under chapter 4 of
part II of the Foreign Assistance Act of 1961), providing
military assistance or grant military education and training,
providing assistance under chapter 6 of part II of that Act,
or extending military credits or making guarantees, to any
country which (A) on or after August 4, 1977, delivers
nuclear reprocessing equipment, materials, or technology to
any other country or receives such equipment, materials, or
technology from any other country (except for the transfer of
reprocessing technology associated with the investigation,
under international evaluation programs in which the United
States participates, of technologies which are alternatives
to pure plutonium reprocessing), or (B) is a non-nuclear-
weapon state which, on or after August 8, 1985, exports
illegally (or attempts to export illegally) from the United
States any material, equipment, or technology which would
contribute significantly to the ability of such country to
manufacture a nuclear explosive device, if the President
determines that the material, equipment, or technology was to
be used by such country in the manufacture of a nuclear
explosive device. For purposes of clause (B), an export (or
attempted export) by a person who is an agent of, or is
otherwise acting on behalf of or in the interests of, a
country shall be considered to be an export (or attempted
export) by that country.
``(2) Notwithstanding paragraph (1) of this subsection, the
President in any fiscal year may furnish assistance which
would otherwise be prohibited under that paragraph if he
determines and certifies in writing during that fiscal year
to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate 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. The President shall transmit with such
certification a statement setting forth the specific reasons
therefor.
``(3)(A) A certification under paragraph (2) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if,
within 30 calendar days after receiving this certification,
the Congress adopts a concurrent resolution stating in
substance that the Congress disapproves the furnishing of
assistance pursuant to the certification, then upon the
adoption of that resolution the certification shall cease to
be effective and all deliveries of assistance furnished under
the authority of that certification shall be suspended
immediately.
``(B) Any concurrent resolution under this paragraph shall
be considered in the Senate in accordance with the provisions
of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976.
``(C) For the purpose of expediting the consideration and
adoption of concurrent resolutions under this paragraph, a
motion to proceed to the consideration of any such resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
``(b) Prohibitions on Assistance to Countries Involved in
Transfer or Use of Nuclear Explosive Devices; Exceptions;
Procedures Applicable.--(1) Except as provided in paragraphs
(4), (5), and (6), in the event that the President determines
that any country, after the effective date of subtitle B of
the Nuclear Proliferation Prevention Act of 1994--
``(A) transfers to a non-nuclear-weapon state a nuclear
explosive device,
``(B) is a non-nuclear-weapon state and either--
``(i) receives a nuclear explosive device, or
``(ii) detonates a nuclear explosive device,
``(C) transfers to a non-nuclear-weapon state any design
information or component which is determined by the President
to be important to, and known by the transferring country to
be intended by the recipient state for use in, the
development or manufacture of any nuclear explosive device,
or
``(D) is a non-nuclear-weapon state and has sought and
received any design information or component which is
determined by the President to be important to, and intended
by the recipient state for use in, the development or
manufacture of any nuclear explosive device,
then the President shall forthwith report in writing his
determination to the Congress and shall forthwith impose the
sanctions described in paragraph (2) against that country.
``(2) The sanctions referred to in paragraph (1) are as
follows:
``(A) The United States Government shall terminate
assistance to that country under this Act, except for
humanitarian assistance or food or other agricultural
commodities.
``(B) The United States Government shall terminate--
``(i) sales to that country under the Arms Export Control
Act of any defense articles, defense services, or design and
construction services, and
``(ii) licenses for the export to that country of any item
on the United States Munitions List.
``(C) The United States Government shall terminate all
foreign military financing for that country under this Act.
``(D) The United States Government shall deny to that
country any credit, credit guarantees, or other financial
assistance by any department, agency, or instrumentality of
the United States Government, except that the sanction of
this subparagraph shall not apply--
``(i) to any transaction subject to the reporting
requirements of title V of the National Security Act of 1947
(relating to congressional oversight of intelligence
activities), or
``(ii) to humanitarian assistance.
``(E) The United States Government shall oppose, in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d), the extension of any loan
or financial or technical assistance to that country by any
international financial institution.
``(F) The United States Government shall prohibit any
United States bank from making any loan or providing any
credit to the government of that country, except for loans or
credits for the purpose of purchasing food or other
agricultural commodities.
``(G) The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit exports
to that country of specific goods and technology (excluding
food and other agricultural commodities), except that such
prohibition shall not apply to any transaction subject to the
reporting requirements of title V of the National Security
Act of 1947 (relating to congressional oversight of
intelligence activities).
``(3) As used in this subsection--
``(A) the term `design information' means specific
information that relates to the design of a nuclear explosive
device and that is not available to the public; and
``(B) the term `component' means a specific component of a
nuclear explosive device.
``(4)(A) Notwithstanding paragraph (1) of this subsection,
the President may, for a period of not more than 30 days of
continuous session, delay the imposition of sanctions which
would otherwise be required under paragraph (1)(A) or (1)(B)
of this subsection if the President first transmits to the
Speaker of the House of Representatives, and to the chairman
of the Committee on Foreign Relations of the Senate, a
certification that he has determined that an immediate
imposition of sanctions on that country would be detrimental
to the national security of the United States. Not more than
one such certification may be transmitted for a country with
respect to the same detonation, transfer, or receipt of a
nuclear explosive device.
``(B) If the President transmits a certification to the
Congress under subparagraph (A), a joint resolution which
would permit the President to exercise the waiver authority
of paragraph (5) of this subsection shall, if introduced in
either House within thirty days of continuous session after
the Congress receives this certification, be considered in
the Senate and House of Representatives in accordance with
subparagraphs (C) and (D) of this paragraph.
``(C) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(D) For the purpose of expediting the consideration and
adoption of joint resolutions under this paragraph, a motion
to proceed to the consideration of such a joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
``(E) For purposes of this paragraph, the term ``joint
resolution'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That the Congress
having received on a certification by the President under
section 670(b)(4) of the Foreign Assistance Act of 1961 with
respect to, the Congress hereby authorizes the President to
exercise the waiver authority contained in section 670(b)(5)
of that Act.'', with the date of receipt of the certification
inserted in the first blank and the name of the country
inserted in the second blank.
``(5) Notwithstanding paragraph (1) of this subsection, if
the Congress enacts a joint resolution under paragraph (4) of
this subsection, the President may waive any sanction which
would otherwise be required under paragraph (1)(A) or (1)(B)
if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate that the imposition of such sanction
would be seriously prejudicial to the achievement of United
State nonproliferation objectives or otherwise jeopardize the
common defense and security. The President shall transmit
with such certification a statement setting forth the
specific reasons therefor.
``(6)(A) In the event the President is required to impose
sanctions against a country under paragraph (1)(C) or (1)(D),
the President shall forthwith so inform such country and
shall impose the required sanctions beginning 30 days after
submitting to the Congress the report required by paragraph
(1) unless, and to the extent that, there is enacted during
the 30-day period a law prohibiting the imposition of such
sanctions.
``(B) Notwithstanding any other provision of law, the
sanctions which are required to be imposed against a country
under paragraph (1)(C) or (1)(D) shall not apply if the
President determines and certifies in writing to the
Committee on Foreign Relations and the Committee on
Governmental Affairs of the Senate and the Committee on
Foreign Affairs of the House of Representatives that the
application of such sanctions against such country would have
a serious adverse effect on vital United States interests.
The President shall transmit with such certification a
statement setting forth the specific reasons therefor.
``(7) For purposes of this subsection, continuity of
session is broken only by an adjournment of Congress sine die
and the days on which either House is not in session because
of an adjournment of more than three days to a day certain
are excluded in the computation of any period of time in
which Congress is in continuous session.
``(8) The President may not delegate or transfer his power,
authority, or discretion to make or modify determinations
under this subsection.
``(c) `Non-Nuclear-Weapon State' defined.--As used in this
section, the term ``non-nuclear-weapon state'' means any
country which is not a nuclear-weapon state, as defined in
Article IX(3) of the Treaty on the Non-Proliferation of
Nuclear Weapons.
``SEC. 1003. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.
``As used in this chapter, the term `nuclear explosive
device' has the meaning given that term in section 1330(3) of
the Nuclear Proliferation Prevention Act of 1994.''.
(b) Repeals.--Sections 669 and 670 of the Foreign
Assistance Act of 1961 are hereby repealed.
(c) References in Law.--Any reference in law as of the date
of enactment of this Act to section 669 or 670 of the Foreign
Assistance Act of 1961 shall, after such date, be deemed to
be a reference to section 1001 or 1002, as the case may be,
of the Arms Export Control Act.
SEC. 1327. REWARD.
Section 36(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following:
``(2) For purposes of this subsection, the term `act of
international terrorism' includes any act substantially
contributing to the acquisition of unsafeguarded special
nuclear material (as defined in section 1330(6) of the
Nuclear Proliferation Prevention Act of 1994) or any nuclear
explosive device (as defined in section 1330(3) of that Act)
by an individual, group, or non-nuclear-weapon state, as
defined in section 1330(4) of that Act.''.
SEC. 1328. REPORTS.
(a) Content of ACDA Annual Report.--Section 51 of the Arms
Control and Disarmament Act, as inserted by this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and'';
(3) by adding after paragraph (6) the following new
paragraph:
``(7) a discussion of any material noncompliance by foreign
governments with their binding commitments to the United
States with respect to the prevention of the spread of
nuclear explosive devices (as defined in section 1330(3) of
the Nuclear Proliferation Prevention Act of 1994) by non-
nuclear-weapon states (as defined in section 1330(4) of that
Act) or the acquisition by such states of unsafeguarded
special nuclear material (as defined in section 1330(6) of
that Act), including--
``(A) a net assessment of the aggregate military
significance of all such violations;
``(B) a statement of the compliance policy of the United
States with respect to violations of those commitments; and
``(C) what actions, if any, the President has taken or
proposes to take to bring any nation committing such a
violation into compliance with those commitments.''; and
(4) by adding at the end the following new subsection:
``(c) Reporting Consecutive Noncompliance.--If the
President in consecutive reports submitted to the Congress
under this section reports that any designated nation is not
in full compliance with its binding nonproliferation
commitments to the United States, then the President shall
include in the second such report an assessment of what
actions are necessary to compensate for such violations.''.
(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).
(c) Repeal.--Section 52 of the Arms Control and Disarmament
Act (22 U.S.C. 2592), as in effect before the enactment of
this Act, is hereby repealed.
SEC. 1329. TECHNICAL CORRECTION.
Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2160c) is amended by striking ``20 kilograms'' and inserting
``5 kilograms''.
SEC. 1330. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``goods or technology'' means 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;
(2) 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;
(3) 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);
(4) 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;
(5) 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); and
(6) 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. 1331. EFFECTIVE DATE.
The provisions of this subtitle, and the amendments made by
this subtitle, shall take effect 60 days after the date of
the enactment of this Act.
Subtitle C--International Atomic Energy Agency
SEC. 1341. BILATERAL AND MULTILATERAL INITIATIVES.
It is the sense of the Congress that in order to maintain
and enhance international confidence in the effectiveness of
IAEA safeguards and in other multilateral undertakings to
halt the global proliferation of nuclear weapons, the United
States should seek to negotiate with other nations and groups
of nations, including the IAEA Board of Governors and the
Nuclear Suppliers Group, to--
(1) build international support for the principle that
nuclear supply relationships must require purchasing nations
to agree to full-scope international safeguards;
(2) encourage each nuclear-weapon state within the meaning
of the Treaty to undertake a comprehensive review of its own
procedures for declassifying information relating to the
design or production of nuclear explosive devices and to
investigate any measures that would reduce the risk of such
information contributing to nuclear weapons proliferation;
(3) encourage the deferral of efforts to produce weapons-
grade nuclear material for large-scale commercial uses until
such time as safeguards are developed that can detect, on a
timely and reliable basis, the diversion of significant
quantities of such material for nuclear explosive purposes;
(4) pursue greater financial support for the implementation
and improvement of safeguards from all IAEA member nations
with significant nuclear programs, particularly from those
nations that are currently using or planning to use weapons-
grade nuclear material for commercial purposes;
(5) arrange for the timely payment of annual financial
contributions by all members of the IAEA, including the
United States;
(6) pursue a prohibition on 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. 1342. 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. 1343. 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 1341 and
1342, 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 1341 and 1342.
(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 1341 and 1342;
(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 1341 and 1342;
(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 1341
and 1342.
SEC. 1344. DEFINITIONS.
As used in this subtitle--
(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
1330 of this Act.
TITLE XIV--CROATIA
SEC. 1401. FINDINGS.
The Congress finds that--
(a) The international boundaries between the independent
countries of the former Yugoslavia are the same as the
internal borders among the constituent republics of the
former Yugoslavia as specified in the 1974 Yugoslav Federal
Constitution (except with regard to the border between Serbia
and Montenegro) and cannot be altered without the consent of
all countries concerned.
(b) The Government of Croatia is violating the sovereignty
of Bosnia-Hercegovina by sending thousands of Croatian troops
to Hercegovina, ostensibly to counter an offensive against
ethnic Coratian civilians by Bosnian Government forces.
(c) Croatian forces are interfering with United Nations
peacekeeping operations, including the delivery of
humanitarian aid to Bosnia-Hercegovina.
SEC. 1402. POLICY TOWARDS CROATIA.
It is the sense of the Senate that the President should
consider taking the following actions--
(a) Instruct the United States Executive Director or
representative at all international financial institutions of
which the United States is a member to vote against all loans
except for loans directed at programs which serve basic human
needs to Croatia;
(b) Provide no assistance to Croatia (except for
humanitarian and refugee assistance);
(c) Make no sales to Croatia of any kind of military
equipment;
(d) Prohibit the licensing of commercial military sales to
Croatia;
(e) Provide no credits, and provide no guarantees of any
credits to Croatia;
(f) Prohibit the sale or transfer to Croatia of any item
subject to export controls by any agency of the United
States;
(g) Direct the Secretary of Transportation to revoke the
right of any air carrier designated by the Government of
Croatia to provide service to the United States; and
(h) Negotiate comprehensive multilateral sanctions pursuant
to the provisions of Chapter 7 of the United Nations Charter.
TITLE XV--UNITED STATES PARTICIPATION IN UNITED NATIONS PEACEKEEPING
OPERATIONS
SEC. 1501. COST ASSESSMENT REPORT REGARDING ANY UNITED STATES
PARTICIPATION IN ACTION UNDER ARTICLE 42 OF THE
UNITED NATIONS CHARTER.
(a) In General.--Except as provided in subsection (b), at
least 15 days before--
(1) any obligation of funds for United States participation
in international peace operations, or
(2) any vote by the Security Council to take action under
Article 42 of the Charter of the United Nations which would
involve the use of United States Armed Forces,
the President shall submit to 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 a report
containing a cost assessment of the participation of the
United States Armed Forces in those operations.
(b) Exception.--The period for submission of the report
specified in subsection (a) shall not apply if the President
determines that an emergency exists which prevents submission
of the report in a timely manner.
(c) Definition.--For purposes of this section, the term
``United States participation in international peace
operations'' means the use of the United States Armed
Forces--
(1) pursuant to, or consistent with, action taken by the
Security Council under Article 42 of the Charter of the
United Nations; or
(2) consistent with the United Nations Participation Act of
1945.
SEC. 1502. CONGRESSIONAL NOTIFICATION REGARDING ANY UNITED
STATES IMPLEMENTATION OF ARTICLE 43 OF THE
UNITED NATIONS CHARTER.
(a) In General.--Except as provided in subsection (b), at
least 15 days before any agency or entity of the United
States Government makes available armed forces, assistance,
or facilities to the United Nations under Article 43 of the
United Nations Charter, the President shall so notify 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.
(b) Exception.--The period for notifying Congress in
subsection (a) shall not apply if the President determines
that an emergency exists which prevents making a notification
in a timely manner.
(c) Definition.--For purposes of this section, the term
``assistance'' means assistance of any kind, including the
provision of logistical support and the grant of rights of
passage.
SEC. 1503. REPORT ON UNITED NATIONS PEACEKEEPING ACTIVITIES.
Not later than 90 days after the date of enactment of this
Act, and each year thereafter at the time of the President's
budget submission to Congress, the Secretary of State, after
consultation with the heads of other relevant Federal
agencies (including the Department of Defense), shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on United States contributions to United
Nations peacekeeping activities. Such report shall include--
(1) the overall cost of all peacekeeping operations as of
the date of the report;
(2) the costs of each peacekeeping operation;
(3) the amount of United States contributions (assessed and
voluntary) on an operation-by-operation basis; and
(4) an assessment of the effectiveness of ongoing
peacekeeping operations, their relevance to United States
national interests, the efforts by the United Nations to
resolve the relevant armed conflicts, and the projected
termination dates for such operations.
SEC. 1504. UNITED STATES PARTICIPATION IN UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) Findings.--The Congress finds that--
(1) the President of the United States has asserted that
reform of United Nations peacekeeping operations is to be of
the highest national priority in furtherance of United States
national security objectives;
(2) at the direction of the President of the United States
the National Security Council is coordinating a comprehensive
review of United States policy towards United Nations
peacekeeping operations on which the Congress of the United
States is to be consulted;
(3) in cooperation with the Congress of the United States,
the purpose of the National Security Council review is to
reform policies and programs governing United States
participation in United Nations operations;
(4) in conjunction with the President's review, the
Majority Leader of the United States Senate has requested the
Committee on Foreign Relations, the Committee on Armed
Services, and the Senate Select Committee on Intelligence to
examine thoroughly the proper role of United States troops in
the post-Cold War world and the implications for United
States foreign policy with the intent of enacting
legislation, in cooperation with the President, regarding
United States policy toward post-Cold War conflicts, United
States involvement in peacekeeping operations, and of
establishing a process to ensure proper accommodations of
legislative and executive branch prerogatives in addressing
such issues;
(5) such a process will embody sound constitutional
principles and reflect the appropriate roles of the President
and the Congress relating to the use of United States Armed
Forces both in unilateral and multilateral operations in
order for such operations to enjoy the support of both the
executive and legislative branches and the American people;
and
(6) the concerned committees of jurisdiction have initiated
a process of examination of the appropriate use of United
States Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the primacy of United States national security
interests with respect to United States participation in and
support for United Nations peacekeeping activities must be
maintained;
(2) congressional oversight of United Nations peacekeeping
activities and other United Nations activities must be
strengthened;
(3) coordination between the executive and legislative
branches of Government regarding United States participation
in and support for United Nations peacekeeping operations
must be improved and communication between the two branches
prompt;
(4) the Congress should be notified in advance of the
intent to approve United Nations peacekeeping operations;
(5) for United Nations peacekeeping operations that would
involve the participation of United States combat forces,
such notification should include detailed information
concerning command and control arrangements for such forces,
their military mission and objectives, and their rules of
engagement; and
(6) United States contributions to United Nations
peacekeeping activities must be fair and equitable.
Mr. KERRY. Mr. President, I move to reconsider the vote by which the
bill was passed.
Mr. MITCHELL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, the Senate insists
on its amendment, requests a conference with the House of the
disagreeing votes of the two Houses on H.R. 2333, and the Chair is
authorized to appoint conferees on the part of the Senate.
The Chair retains the authorization to appoint conferees.
Under the previous order, S. 1281 is indefinitely postponed.
Mr. KERRY addressed the Chair.
The PRESIDING OFFICER. The Senator from Massachusetts.
Unanimous-Consent Agreement--Amendment No. 1348, As Modified
Mr. KERRY. Mr. President, by unanimous consent, we have worked out
one modification that came about as a consequence of the speed with
which we moved last night. I think it is cleared on all sides.
I, therefore, ask unanimous consent for a modification of the Dole
amendment No. 1348, on page 2, line 6, insert ``unreimbursable'' after
the word ``the'' and on page 2, line 8, insert ``unless such activities
are necessary to protect American lives or U.S. national interests''
after the word ``activities.''
The PRESIDING OFFICER. Is there objection? The Republican leader is
recognized.
Mr. DOLE. Reserving the right to object, and I do want to cooperate
with the managers and also with the administration, I think the point I
will make is, I hope the distinguished Senator from Massachusetts would
fight to retain this provision in conference. I know the administration
objects to the use of the word ``retained.''
We can offer these amendments on other bills but it seems to me we
have been working together. We have agreed with the administration on
every objection that was raised. I hope that they will not try to
scuttle what we thought we were doing in good faith after we agree on
it and then permit a unanimous-consent request, which I am prepared to
do.
I just want the record to reflect we have worked with the
administration and with the Senator from Massachusetts and the Senator
from North Carolina. We believe we have worked out a good compromise.
We hope it prevails in conference.
Mr. KERRY. Mr. President, let me just say to the distinguished
minority leader that I intend to work with him and with the
administration in order to try to guarantee that we hold on to the
objectives which are contained within the Senator's amendments. I
happen to agree. I think there is much in what the Senator sought to do
that absolutely expresses the will of the Congress and I think the
interests of the American people.
I think the need for this particular modification at this moment
underscores some of what many of us were suggesting, which is that
there are complications in this which we need to work through, but I
can pledge to the Senator to work with him and with the administration
to guarantee that the substance and objectives contained within those
amendments are going to become part of this legislation. I cannot
guarantee the specific language yet, but I certainly speak to the
objectives.
The PRESIDING OFFICER. Is there objection to the unanimous-consent
request propounded by the Senator from Massachusetts? If not, that will
be the order of the Senate.
The Chair requests the modification be delivered to the desk.
The modification is as follows:
On page 2, line 6, insert ``unreimbursable'' after ``the''.
On page 2, line 8 insert ``unless such activities are
necessary to protect American lives or U.S. national
interests'' after ``activities''.
The PRESIDING OFFICER. The Chair recognizes the majority leader.
Mr. MITCHELL. Mr. President, I want to commend the distinguished
Senator from Massachusetts, Senator Kerry, and the distinguished
Senator from North Carolina, Senator Helms, and the most distinguished
chairman of the committee, Senator Pell, of Rhode Island, for their
leadership and patience, perseverance and skill in gaining enactment of
this bill with a very substantial bipartisan vote of support.
By coincidence, the bill that we are now taking up will also be
managed by a Senator from Massachusetts [Mr. Kennedy]. All Members of
the Senate have long known that he is an extremely skillful and able
manager of legislation. Senator Kerry managing this major bill now
makes it clear that both Senators from Massachusetts possess that
skill. We are very grateful to them. Senator Kerry really did an
outstanding job. I think he deserves great credit and commendation.
The PRESIDING OFFICER. The Republican leader.
Mr. DOLE. Mr. President, I yield to the chairman.
Mr. PELL. Mr. President, I just want to say that the manager of the
bill did an excellent job, and I am very grateful to him. He should get
the whole credit.
The PRESIDING OFFICER. The Republican leader.
Mr. DOLE. Mr. President, I want to underscore the remarks made by the
majority leader. This was a very tough bill. In some years it never
comes up because it can go on for week after week after week. The fact
that Senator Kerry and Senator Helms were able to work together, as
they demonstrated last night in disposing of 22 amendments which did
not require bringing people back here at 10 o'clock, is an indication
of, I think, a good working relationship and willingness to work out
some of these very difficult problems.
So I want to add my commendation to that of the majority leader's to
both the distinguished Senator from Massachusetts, [Mr. Kerry], and the
distinguished Senator from North Carolina, [Mr. Helms]. I think it is a
good indication, it is a good start. It is the first bill we have had
this year. I hope it is an indication of working together.
We are going to have the rest of the year this next bill, there will
be amendments, but we will not have any delay. We hope to finish it by
tomorrow evening. I know the majority leader has commented on that. We
hope to accommodate him. There is a supplemental; I understand there is
a nomination or two, and the majority leader has mentioned S. 4. I need
to talk to him about that particular legislation.
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