[Congressional Record Volume 141, Number 126 (Tuesday, August 1, 1995)]
[Senate]
[Pages S11110-S11116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


            THE FOREIGN RELATIONS REVITALIZATION ACT OF 1995

                                 ______


                  KERRY (AND PELL) AMENDMENT NO. 2034

  (Ordered to lie on the table.)
  Mr. KERRY (for himself and Mr. Pell) submitted an amendment intended 
to be proposed by them to the bill (S. 908) to authorize appropriations 
for the Department of State for fiscal years 1996 through 1999 and to 
abolish the United States Information Agency, the United States Arms 
Control and Disarmament Agency, and the Agency for International 
Development, and for other purposes; as follows:

       On page 1, at the beginning of line 3, strike all that 
     follows through page 2, line 20, and add the following--
       ``Section 4 of the United Nations Participation Act of 1945 
     (22 U.S.C. 287b) is amended--
       ``(1) by redesignating subsection (e) as subsection (f); 
     and
       ``(2) by inserting after subsection (d) the following:
       ``(e) Notice to Congress of Proposed United Nations 
     Peacekeeping Activities.--(1) Except as provided in paragraph 
     (2), at least 5 days before any vote in the Security Council 
     to authorize any United Nations peacekeeping activity 
     (including any extensions, modification, suspension, or 
     termination of any previously authorized peacekeeping 
     activity) which would involve the use of United States Armed 
     Forces or the expenditure of United States funds, the 
     President shall submit to the designated congressional 
     committees a notification with respect to the proposed 
     action. The notification shall include the following:
       ``(A) A cost assessment of such action (including the total 
     estimated cost and the United States share of such cost).
       ``(B) Identification of the source of funding for the 
     United States share of the costs of the action (whether in an 
     annual budget request, reprogramming notification, a 
     rescission of funds, a budget amendment, or a supplemental 
     budget request).
       ``(2)(A) If the President determines that an emergency 
     exists which prevents submission of the 5-day advance 
     notification specified in paragraph (1) and that the proposed 
     action is in the national interest of the United States, the 
     notification described in paragraph (1) shall be provided in 
     a timely manner but no later than 48 hours after the vote by 
     the Security Council.
       ``(B) Determinations made under subparagraph (A) may not be 
     delegated.''.
                                 ______


                        KERRY AMENDMENT NO. 2035

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill S. 908, supra; as follows:
       Beginning on page 125, strike line 1 and all that follows 
     through line 15 on page 267 and insert the following:
 DIVISION B--CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS AGENCIES

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Foreign Affairs 
     Reinvention Act of 1995''.

     SEC. 1002. PURPOSES.

       The purposes of this division are--
       (1) to reorganize and reinvent the foreign affairs agencies 
     of the United States in order to enhance the formulation, 
     coordination, and implementation of United States foreign 
     policy;
       (2) to streamline and consolidate the functions and 
     personnel of the Department of State, the Agency for 
     International Development, the United States Information 
     Agency, and the United States Arms Control and Disarmament 
     Agency in order to eliminate redundancies in the functions 
     and personnel of such agencies;
       (3) to assist congressional efforts to balance the Federal 
     budget and reduce the Federal debt;
       (4) to strengthen the authority of United States 
     ambassadors over all United States Government personnel and 
     resources located in United States diplomatic missions in 
     order to enhance the ability of the ambassadors to deploy 
     such personnel and resources to the best effect to attain the 
     President's foreign policy objectives;
       (5) to encourage United States foreign affairs agencies to 
     maintain a high percentage of the best qualified, most 
     competent United 

[[Page S11111]]
     States citizens serving in the United States Government while 
     downsizing significantly the total number of people employed 
     by such agencies; and
       (6) to ensure that all functions of United States diplomacy 
     be subject to recruitment, training, assignment, promotion, 
     and egress based on common standards and procedures while 
     preserving maximum interchange among such functions.
          TITLE XI--REORGANIZATION OF FOREIGN AFFAIRS AGENCIES

     SEC. 1101. REORGANIZATION PLAN FOR THE DEPARTMENT OF STATE 
                   AND INDEPENDENT FOREIGN AFFAIRS AGENCIES.

       (a) Submission of Plan.--Not later than 6 months after the 
     date of enactment of this Act, the President shall transmit 
     to the appropriate congressional committees a reorganization 
     plan providing for the streamlining and consolidation of the 
     Department of State, the United States Information Agency, 
     the Agency for International Development, and the United 
     States Arms Control and Disarmament Agency. Such plan shall 
     provide for--
       (1) the enhancement of the formulation, coordination, and 
     implementation of policy;
       (2) the maintenance, to the maximum extent possible, of a 
     United States presence abroad within budgetary constraints;
       (3) a reduction in the aggregate number of independent 
     foreign affairs agencies;
       (4) the elimination in the duplication of functions and 
     personnel between the Department of State and such other 
     agency or agencies not abolished under paragraph (3);
       (5) the reduction in the aggregate number of positions in 
     the Department of State and the independent foreign affairs 
     agencies which are classified at each of levels II, III, and 
     IV of the Executive Schedule;
       (6) the reorganization and streamlining of the Department 
     of State; and
       (7) the achievement of a cost savings of at least 
     $2,000,000,000 over 4 years through the consolidation of 
     agencies.
       (b) Plan Elements.--The plan under subsection (a) shall--
       (1) identify the functions of the independent foreign 
     affairs agencies that will be transferred to the Department 
     of State under the plan, as well as those that will be 
     abolished under the plan;
       (2) identify the personnel and positions of the agencies 
     (including civil service personnel, Foreign Service 
     personnel, and detailees) that will be transferred to the 
     Department, separated from service with the Agency, or be 
     eliminated under the plan, and set forth a schedule for such 
     transfers, separations, and terminations;
       (3) identify the personnel and positions of the Department 
     (including civil service personnel, Foreign Service 
     personnel, and detailees) that will be transferred within the 
     Department, separated from service with the Department, or 
     eliminated under the plan and set forth a schedule for such 
     transfers, separations, and terminations;
       (4) specify the consolidations and reorganization of 
     functions of the Department that will be required under the 
     plan in order to permit the Department to carry out the 
     functions transferred to the Department under the plan;
       (5) specify the funds available to the independent foreign 
     affairs agencies that will be transferred to the Department 
     under this title as a result of the implementation of the 
     plan;
       (6) specify the proposed allocations within the Department 
     of unexpended funds of the independent foreign affairs 
     agencies; and
       (7) specify the proposed disposition of the property, 
     facilities, contracts, records, and other assets and 
     liabilities of the independent foreign affairs agencies 
     resulting from the abolition of any such agency and the 
     transfer of the functions of the independent foreign affairs 
     agencies to the Department.
       (c) Limitations on Contents of Plan.--(1) Sections 903, 
     904, and 905 of title 5, United States Code, shall apply to 
     the plan transmitted under subsection (a).
       (2) The plan may not provide for the termination of any 
     function authorized by law.
       (d) Effective Date of Plan.--(1) The plan transmitted under 
     subsection (a) shall take effect 60 calendar days of 
     continuous session of Congress after the date on which the 
     plan is transmitted to Congress unless Congress enacts a 
     joint resolution, in accordance with subsection (e), 
     disapproving the plan.
       (2) For purposes of paragraph (1)--
       (A) continuity of session is broken only by an adjournment 
     of Congress sine die; and
       (B) the days on which either House is not in session 
     because of an adjournment of more than 3 days to a day 
     certain are excluded in the computation of any period of time 
     in which Congress is in continuous session.
       (e) Congressional Priority Procedures.--(1) Except as 
     provided in paragraph (2), sections 908, 910, 911, and 912 of 
     title 5, United States Code, shall apply to the consideration 
     by Congress of a joint resolution described in paragraph (3) 
     that is introduced in a House of Congress.
       (2) The following requirements shall apply to actions 
     described in paragraph (1) without regard to chapter 9 of 
     title 5, United States Code:
       (A) A referral of joint resolutions under this section may 
     only be made to the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives.
       (B) The reference in section 908 of such title to 
     reorganization plans transmitted on or before December 31, 
     1984, shall have no force or effect.
       (3) A joint resolution under this section means only a 
     joint resolution of the Congress, the matter after the 
     resolving clause of which is as follows: ``That the Congress 
     disapproves the reorganization plan numbered ____ transmitted 
     to the Congress by the President on ____, 19____'', which 
     plan may include such modifications and revisions as are 
     submitted by the President under section 903(c) of title 5, 
     United States Code. The blank spaces therein are to be filled 
     appropriately.
       (4) The provisions of this subsection supersede any other 
     provision of law.
       (f) Expiration of Authority To Transmit Plan.--The 
     authority of the President to transmit a reorganization plan 
     under subsection (a) shall expire on the date that is 6 
     months after the date of the enactment of this Act.
       (g) Deadline for Implementation.--If the reorganization 
     plan transmitted under subsection (a) is not disapproved by 
     Congress in accordance with subsection (e), the plan shall be 
     implemented not later than March 1, 1997.
       (h) Abolition of Independent Foreign Affairs Agencies.--
       (1) Abolition for failure to transmit plan.--If the 
     President does not transmit to Congress a reorganization plan 
     under subsection (a), the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the Agency for International Development are abolished as of 
     180 days after the date of enactment of this Act.
       (2) Abolition for failure to implement plan.--If the 
     President does not implement the reorganization plan 
     transmitted and not disapproved under this section with 
     respect to an agency referred to in paragraph (1), the agency 
     is abolished as of March 1, 1997.
       (i) Definition.--As used in this section, the term 
     ``independent foreign affairs agencies'' means the United 
     States Arms Control and Disarmament Agency, the United States 
     Information Agency, and the Agency for International 
     Development.

     SEC. 1102. TRANSFERS OF FUNCTIONS.

       (a) Transfers.--Subject to subsection (b), there are 
     transferred to, and vested in, the Secretary of State all 
     functions vested by law (including by reorganization plan 
     approved before the date of the enactment of this Act 
     pursuant to chapter 9 of title 5, United States Code) in, or 
     exercised by, the head of each of the following agencies, the 
     agencies themselves, or officers, employees, or components 
     thereof:
       (1) The United States Arms Control and Disarmament Agency
       (2) The United States Information Agency.
       (3) The Agency for International Development.
       (b) Effective Date.--The transfers referred to in 
     subsection (a) shall take place--
       (1) if the President does not transmit a reorganization 
     plan to Congress under section 1101(a), not later than 180 
     days after the date of enactment of this Act; or
       (2) if the President does not implement the reorganization 
     plan transmitted and not disapproved under such section with 
     respect to an agency referred to in subsection (a), not later 
     than March 1, 1997.

     SEC. 1103. VOLUNTARY SEPARATION INCENTIVES.

       (a) Authority To Pay Incentives.--The head of an agency 
     referred to in subsection (b) may pay voluntary incentive 
     payments to employees of the agency in order to avoid or 
     minimize the need for involuntary separations from the agency 
     as a result of the abolition of the agency and the 
     consolidation of functions of the Department of State under 
     this title.
       (b) Covered Agencies.--Subsection (a) applies to the 
     following agencies:
       (1) The Department of State.
       (2) The United States Arms Control and Disarmament Agency.
       (3) The United States Information Agency.
       (4) The Agency for International Development.
       (c) Payment Requirements.--(1) The head of an agency shall 
     pay voluntary separation incentive payments in accordance 
     with the provisions of section 3 of the Federal Workforce 
     Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 
     111), except that an employee of the agency shall be deemed 
     to be eligible for payment of a voluntary separation 
     incentive payment under that section if the employee 
     separates from service with the agency during the period 
     beginning on the date of enactment of this Act and ending on 
     February 28, 1997.
       (2) The provisions of subsection (d) of such section 3 
     shall apply to any employee who is paid a voluntary 
     separation incentive payment under this section.
       (d) Funding.--The payment of voluntary separation incentive 
     payments under this section shall be made from funds in the 
     Foreign Affairs Reorganization Transition Fund established 
     under section 1104. The Secretary of State may transfer sums 
     in that Fund to the head of an agency under subsection 
     (e)(1)(B) of that section for payment of such payments by the 
     agency head.
       (e) Termination of Authority.--The authority of the head of 
     an agency to authorize payment of voluntary separation 
     incentive payments under this section shall expire on 
     February 28, 1997.

     SEC. 1104. TRANSITION FUND.

       (a) Establishment.--There is hereby established on the 
     books of the Treasury an account to be known as the ``Foreign 
     Affairs Reorganization Transition Fund''.

[[Page S11112]]

       (b) Purpose.--The purpose of the account is to provide 
     funds for the orderly transfer of functions and personnel to 
     the Department of State as a result of the implementation of 
     this title and for payment of other costs associated with the 
     consolidation of foreign affairs agencies under this title.
       (c) Deposits.--(1) Subject to paragraphs (2) and (3), there 
     shall be deposited into the account the following:
       (A) Funds appropriated to the account pursuant to the 
     authorization of appropriations in subsection (j).
       (B) Funds transferred to the account by the Secretary of 
     State from funds that are transferred to the Secretary by the 
     head of an agency under subsection (d).
       (C) Funds transferred to the account by the Secretary from 
     funds that are transferred to the Department of State 
     together with the transfer of functions to the Department 
     under this title and that are not required by the Secretary 
     in order to carry out the functions.
       (D) Funds transferred to the account by the Secretary from 
     any unobligated funds that are appropriated or otherwise made 
     available to the Department.
       (2) The Secretary may transfer funds to the account under 
     subparagraph (C) of paragraph (1) only if the Secretary 
     determines that the amount of funds deposited in the account 
     pursuant to subparagraphs (A) and (B) of that paragraph is 
     inadequate to pay the costs of carrying out this title.
       (3) The Secretary may transfer funds to the account under 
     subparagraph (D) of paragraph (1) only if the Secretary 
     determines that the amount of funds deposited in the account 
     pursuant to subparagraphs (A), (B), and (C) of that paragraph 
     is inadequate to pay the costs of carrying out this title.
       (d) Transfer of Funds to Secretary of State.--The head of a 
     transferor agency shall transfer to the Secretary the amount, 
     if any, of the unobligated funds appropriated or otherwise 
     made available to the agency for functions of the agency that 
     are abolished under this title which funds are not required 
     to carry out the functions of the agency as a result of the 
     abolishment of the functions under this title.
       (e) Use of Funds.--(1)(A) Notwithstanding any other 
     provision of law, the Secretary shall use sums in the account 
     for payment of the costs of carrying out this title, 
     including costs relating to the consolidation of functions of 
     the Department of State and relating to the termination of 
     employees of the Department.
       (B) The Secretary may transfer sums in the account to the 
     head of an agency to be abolished under this title for 
     payment by the head of the agency of the cost of carrying out 
     a voluntary separation incentive program at the agency under 
     section 1103.
       (2) Funds in the account shall be available for the payment 
     of costs under paragraph (1) without fiscal year limitation.
       (3) Funds in the account may be used only for purposes of 
     paying the costs of carrying out this title.
       (f) Treatment of Unobligated Balances.--(1) Subject to 
     paragraph (2), unobligated funds, if any, which remain in the 
     account after the payment of the costs described in 
     subsection (e)(1) shall be transferred to Department of State 
     and shall be available to the Secretary of State for purposes 
     of carrying out the functions of the Department.
       (2) The Secretary may not transfer funds in the account to 
     the Department under paragraph (1) unless the appropriate 
     congressional committees are notified in advance of such 
     transfer in accordance with the procedures applicable to 
     reprogramming notifications under section 34 of the State 
     Department Basic Authorities Act of 1956.
       (g) Report on Account.--Not later than October 1, 1998, the 
     Secretary of State shall transmit to the appropriate 
     congressional committees a report containing an accounting 
     of--
       (1) the expenditures from the account established under 
     this section; and
       (2) in the event of any transfer of funds to the Department 
     of State under subsection (f), the functions for which the 
     funds so transferred were expended.
       (i) Termination of Authority To Use Account.--The Secretary 
     may not obligate funds in the account after September 30, 
     1999.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated $200,000,000 for deposit under subsection 
     (c)(1) into the account established under subsection (a).

     SEC. 1105. ASSUMPTION OF DUTIES BY APPROPRIATE APPOINTEES.

       An individual holding office on the date of the enactment 
     of this Act--
       (1) who was appointed to the office by the President, by 
     and with the advice and consent of the Senate;
       (2) who is transferred to a new office in the Department of 
     State under this title; and
       (3) who performs duties in such new office that are 
     substantially similar to the duties performed by the 
     individual in the office held on such date,

     may, in the discretion of the Secretary of State, assume the 
     duties of such new office, and shall not be required to be 
     reappointed by reason of the enactment of this title.

     SEC. 1106. RIGHTS OF EMPLOYEES OF ABOLISHED AGENCIES.

       (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for 1 year after the date of transfer of such 
     employee under this title.
       (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the date of the abolition of a transferor agency under this 
     title, held a position in such an agency that was compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Department of State to 
     a position having duties comparable to the duties performed 
     immediately preceding such appointment shall continue to be 
     compensated in such new position at not less than the rate 
     provided for such previous position, for the duration of the 
     service of such person in such new position.
       (c) Termination of Certain Positions.--Positions whose 
     incumbents are appointed by the President, by and with the 
     advice and consent of the Senate, the functions of which are 
     transferred under this title, shall terminate on the date of 
     the transferal of the functions under this title.
       (d) Excepted Service.--(1) Subject to paragraph (2), in the 
     case of employees occupying positions in the excepted service 
     or the Senior Executive Service, any appointment authority 
     established pursuant to law or regulations of the Office of 
     Personnel Management for filling such positions shall be 
     transferred.
       (2) The Department of State may decline a transfer of 
     authority under paragraph (1) (and the employees appointed 
     pursuant thereto) to the extent that such authority relates 
     to positions excepted from the competitive service because of 
     their confidential, policy-making, policy-determining, or 
     policy-advocating character, and noncareer positions in the 
     Senior Executive Service (within the meaning of section 
     3132(a)(7) of title 5, United States Code).
       (e) Employee Benefit Programs.--(1) Any employee accepting 
     employment with the Department of State as a result of such 
     transfer may retain for 1 year after the date such transfer 
     occurs membership in any employee benefit program of the 
     transferor agency, including insurance, to which such 
     employee belongs on the date of the enactment of this Act 
     if--
       (A) the employee does not elect to give up the benefit or 
     membership in the program; and
       (B) the benefit or program is continued by the Secretary of 
     State.
       (2) The difference in the costs between the benefits which 
     would have been provided by such agency or entity and those 
     provided by this section shall be paid by the Secretary of 
     State. If any employee elects to give up membership in a 
     health insurance program or the health insurance program is 
     not continued by the Secretary of State, the employee shall 
     be permitted to select an alternate Federal health insurance 
     program within 30 days of such election or notice, without 
     regard to any other regularly scheduled open season.
       (f) Senior Executive Service.--A transferring employee in 
     the Senior Executive Service shall be placed in a comparable 
     position at the Department of State.
       (g) Assignments.--(1) Transferring employees shall receive 
     notice of their position assignments not later than the date 
     on which the reorganization plan setting forth the transferal 
     of such employees is transmitted to the appropriate 
     congressional committees under this title.
       (2) Foreign Service personnel transferred to the Department 
     of State pursuant to this title shall be eligible for any 
     assignment open to Foreign Service personnel within the 
     Department.

     SEC. 1107. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

       (a) In General.--Except as otherwise provided in this 
     title, the personnel employed in connection with, and the 
     assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred under this title, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Department of State.
       (b) Treatment of Personnel Employed in Terminated 
     Functions.--The following shall apply with respect to 
     officers and employees of a transferor agency that are not 
     transferred under this title:
       (1) Under such regulations as the Office of Personnel 
     Management may prescribe, the head of any agency in the 
     executive branch may appoint in the competitive service any 
     person who is certified by the head of the transferor agency 
     as having served satisfactorily in the transferor agency and 
     who passes such examination as the Office of Personnel 
     Management may prescribe. Any person so appointed shall, upon 
     completion of the prescribed probationary period, acquire a 
     competitive status.
       (2) The head of any agency in the executive branch having 
     an established merit system in the excepted service may 
     appoint in such service any person who is certified by the 
     head of the transferor agency as having served satisfactorily 
     in the transferor agency and who passes such examination as 
     the head of such agency in the executive branch may 
     prescribe.
       (3) Any appointment under this subsection shall be made 
     within a period of 1 year after 

[[Page S11113]]
     completion of the appointee's service in the transferor agency.
       (4) Any law, Executive order, or regulation which would 
     disqualify an applicant for appointment in the competitive 
     service or in the excepted service concerned shall also 
     disqualify an applicant for appointment under this 
     subsection.

     SEC. 1108. PERSONNEL AUTHORITIES FOR TRANSFERRED FUNCTIONS.

       (a) Appointments.--(1) Subject to paragraph (2), the 
     Secretary of State may appoint and fix the compensation of 
     such officers and employees, including investigators, 
     attorneys, and administrative law judges, as may be necessary 
     to carry out the respective functions transferred to the 
     Department of State under this title. Except as otherwise 
     provided by law, such officers and employees shall be 
     appointed in accordance with the civil service laws and their 
     compensation fixed in accordance with title 5, United States 
     Code.
       (2) A person employed under paragraph (1) may not continue 
     in such employment after the end of the period (as determined 
     by the Secretary) required for the transferal of functions 
     under this title.
       (b) Experts and Consultants.--The Secretary of State may 
     obtain the services of experts and consultants in connection 
     with functions transferred to the Department of State under 
     this title in accordance with section 3109 of title 5, United 
     States Code, and compensate such experts and consultants for 
     each day (including traveltime) at rates not in excess of the 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of such title. The head Secretary may pay 
     experts and consultants who are serving away from their homes 
     or regular place of business travel expenses and per diem in 
     lieu of subsistence at rates authorized by sections 5702 and 
     5703 of such title for persons in Government service employed 
     intermittently.
     SEC. 1109. PROPERTY AND FACILITIES.

       (a) In General.--The Secretary of State shall review the 
     property and facilities of each transferror agency for 
     purposes of determining if the property is required by the 
     Department of State in order to carry out the functions of 
     the Department after the transfer of functions to the 
     Department under this title.
       (b) Deadline for Transfer.--Not later than March 1, 1997, 
     all property and facilities within the custody of the 
     transferor agencies shall be transferred to the custody of 
     the Secretary of State.

     SEC. 1110. DELEGATION AND ASSIGNMENT.

       Except where otherwise expressly prohibited by law or 
     otherwise provided by this title, the Secretary of State may 
     delegate any of the functions transferred to the Secretary 
     under this title and any function transferred or granted to 
     the Secretary after the effective date of this title to such 
     officers and employees of the Department of State as the 
     Secretary may designate, and may authorize successive 
     redelegations of such functions as may be necessary or 
     appropriate. No delegation of functions by the Secretary 
     under this section or under any other provision of this title 
     shall relieve the Secretary of responsibility for the 
     administration of such functions.

     SEC. 1111. RULES.

       The Secretary of State may prescribe, in accordance with 
     the provisions of chapters 5 and 6 of title 5, United States 
     Code, such rules and regulations as the Secretary determines 
     necessary or appropriate to administer and manage the 
     functions of the Department of State after the transfer of 
     functions to the Department under this title.

     SEC. 1112. INCIDENTAL TRANSFERS.

       The Director of the Office of Management and Budget may, at 
     such time or times as the Director shall provide, make such 
     additional incidental dispositions of personnel, assets, 
     liabilities, grants, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds held, used, arising from, 
     available to, or to be made available in connection with such 
     functions, as may be necessary to carry out the provisions of 
     this title. The Director shall provide for the termination of 
     the affairs of all entities terminated by this title and for 
     such further measures and dispositions as may be necessary to 
     effectuate the purposes of this title.
     SEC. 1113. EFFECT ON CONTRACTS AND GRANTS.

       (a) Prohibition on New or Extended Contracts or Grants.--
     Except as provided in subsection (b), the United States Arms 
     Control and Disarmament Agency, the United States Information 
     Agency, and the Agency for International Development may 
     not--
       (1) enter into a contract or agreement which will continue 
     in force after the termination date, if any, of such agency 
     under this title;
       (2) extend the term of an existing contract or agreement of 
     such agency to a date after such date; or
       (3) make a grant which will continue in force after such 
     date.
       (b) Exception.--Subsection (a) does not apply to the 
     following:
       (1) Contracts and agreements for carrying out essential 
     administrative functions.
       (2) Contracts and agreements for functions and activities 
     that the Secretary of State determines will be carried out by 
     the Department of State after the termination of the agency 
     concerned under this title.
       (3) Grants relating to the functions and activities 
     referred to in paragraph (2).
       (c) Evaluation and Termination of Existing Contracts.--The 
     Secretary of State and the head of each agency referred to in 
     subsection (a) shall--
       (1) review the contracts of such agency that will continue 
     in force after the date, if any, of the abolishment of the 
     agency under this title in order to determine if the cost of 
     abrogating such contracts before that date would be exceed 
     the cost of carrying out the contract according to its terms; 
     and
       (2) in the case of each contract so determined, provide for 
     the termination of the contract in the most cost-effective 
     manner practicable.

     SEC. 1114. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) 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
       (2) 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 Secretary of State 
     or other authorized official, a court of competent 
     jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the transferor agency at the time this title takes effect for 
     that agency, with respect to functions transferred under this 
     title but such proceedings and applications 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.
       (c) 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.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the transferor agency, or 
     by or against any individual in the official capacity of such 
     individual as an officer of the transferor agency, shall 
     abate by reason of the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the transferor 
     agency relating to a function transferred under this title 
     may be continued by the Secretary of State with the same 
     effect as if this title had not been enacted.

     SEC. 1115. SEPARABILITY.

       If a provision of this title or its application to any 
     person or circumstance is held invalid, neither the remainder 
     of this title nor the application of the provision to other 
     persons or circumstances shall be affected.

     SEC. 1116. TRANSITION.

       The Secretary of State may utilize--
       (1) the services of such officers, employees, and other 
     personnel of the transferor agency with respect to functions 
     transferred to the Department of State under this title; and
       (2) funds appropriated to such functions for such period of 
     time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 1117. ADDITIONAL CONFORMING AMENDMENTS.

       The President may submit a report to the appropriate 
     congressional committees containing such recommendations for 
     such additional technical and conforming amendments to the 
     laws of the United States as may be appropriate to reflect 
     the changes made by this division.
     SEC. 1118. FINAL REPORT.

       Not later than October 1, 1998, the President shall provide 
     by written report to the Congress a final accounting of the 
     finances and operations of the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the Agency for International Development.

     SEC. 1119. DEFINITIONS.

       For purposes of this title, unless otherwise provided or 
     indicated by the context--
       (1) the term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives;
       (2) the term ``Federal agency'' has the meaning given to 
     the term ``agency'' by section 551(1) of title 5, United 
     States Code;
       (3) the term ``function'' means any duty, obligation, 
     power, authority, responsibility, right, privilege, activity, 
     or program;

[[Page S11114]]

       (4) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof;
       (5) the term ``transferor agency'' refers to each of the 
     following agencies:
       (A) The Agency for International Development, a component 
     of the International Development Cooperation Agency.
       (B) The International Development Cooperation Agency 
     (insofar as it exercises functions related to the Agency for 
     International Development).
       (C) The United States Information Agency (exclusive of the 
     Broadcasting Board of Governors).
       (D) The United States Arms Control and Disarmament Agency.
   TITLE XII--CONSOLIDATION OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

     SEC. 1201. CONSOLIDATION OF UNITED STATES DIPLOMATIC MISSIONS 
                   AND CONSULAR POSTS.

       (a) Consolidation Plan.--The Secretary of State shall 
     develop a worldwide plan for the consolidation, wherever 
     practicable, on a regional or areawide basis, of United 
     States missions and consular posts abroad in order to carry 
     out this section.
       (b) Contents of Plan.--The plan shall--
       (1) identify the specific United States diplomatic missions 
     and consular posts for consolidation;
       (2) identify those missions and posts at which the resident 
     ambassador would also be accredited to other specified states 
     in which the United States either maintained no resident 
     official presence or maintained such a presence only at staff 
     level; and
       (3) provide an estimate of--
       (A) the amount by which expenditures would be reduced 
     through the reduction in the number of United States 
     Government personnel assigned abroad;
       (B) through a reduction in the costs of maintaining United 
     States properties abroad; and
       (C) the amount of revenues generated to the United States 
     through the sale or other disposition of United States 
     properties associated with the posts to be consolidated 
     abroad.
       (c) Transmittal.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall transmit 
     a copy of the plan to the appropriate congressional 
     committees.
       (d) Implementation.--Not later than 60 days after 
     transmittal of the plan under subsection (c), the Secretary 
     of State shall take steps to implement the plan unless the 
     Congress before such date enacts legislation disapproving the 
     plan.
       (e) Congressional Priority Procedures.--(1) A joint 
     resolution described in paragraph (2) which is introduced in 
     a House of Congress after the date on which a plan developed 
     under subsection (a) is received by Congress, shall be 
     considered in accordance with the procedures set forth in 
     paragraphs (3) through (7) of section 8066(c) of the 
     Department of Defense Appropriations Act, 1985 (as contained 
     in Public Law 98-473 (98 Stat. 1936)), except that--
       (A) references to the ``report described in paragraph (1)'' 
     shall be deemed to be references to the joint resolution; and
       (B) references to the Committee on Appropriations of the 
     House of Representatives and to the Committee on 
     Appropriations of the Senate shall be deemed to be references 
     to the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.
       (2) A joint resolution under this paragraph is a joint 
     resolution the matter after the resolving clause of which is 
     as follows: ``That the Congress disapproves the plan 
     submitted by the President on ____________ pursuant to 
     section 1109 of the Foreign Relations Revitalization Act.''.
       (f) Resubmission of Plan.--If, within 60 days of 
     transmittal of a plan under subsection (c), Congress enacts 
     legislation disapproving the plan, the President shall 
     transmit to the appropriate congressional committees a 
     revised plan developed under subsection (a).
       (g) Statutory Construction.--Nothing in this section 
     requires the termination of United States diplomatic or 
     consular relations with any foreign country.
       (h) Definitions.--As used in this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Plan.--The term ``plan'' means the plan developed under 
     subsection (a).

     SEC. 1202. DETAIL OF OTHER AGENCY PERSONNEL TO STATE 
                   DEPARTMENT.

       Any employee of any agency other than the Department of 
     State who is assigned to an overseas post located within any 
     United States mission except for those assigned to a military 
     command shall be detailed to the Department of State for the 
     duration of such assignment, and shall be fully under the 
     authority of the Chief of Mission. The Chief of Protocol, at 
     the sole discretion of the Secretary of State, shall accord 
     diplomatic titles, privileges, and immunities to any such 
     employees as the Secretary of State deems appropriate.
                                 ______


                        BROWN AMENDMENT NO. 2036

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
amendment No. 1938 proposed by him to the bill S. 908, supra; as 
follows:

       At the appropriate place in the bill, insert the following 
     new section:

     ``SEC.  . LIMITATION ON CARGO PREFERENCE.

       For all agricultural commodities transported under section 
     901(b) and 901b of the Merchant Marine Act of 1936 as part of 
     any United States Government-administered program of food 
     assistance to foreign countries, the United States shall not 
     reimburse carriers more than 25 percent above the 
     international market rate, as determined by the Secretary of 
     Agricultural.''
                                 ______


                    BROWN AMENDMENTS NOS. 2037-2039

  (Ordered to lie on the table.)
  Mr. BROWN submitted three amendments to be proposed by him to 
amendments submitted by him to the bill S. 908, supra; as follows;

                           Amendment No. 2037

       At the appropriate place in the bill, add the following new 
     section:

     SEC.  . REIMBURSEMENT FOR MARGINAL COSTS.

       (a) For all agricultural commodities transported under 
     sections 901(b) and 901b of the Merchant Marine Act of 1936 
     as part of any United States government-administered program 
     of food assistance to foreign countries, the United States is 
     authorized to reimburse carriers above the international 
     market rate as determined by the Secretary of Agriculture 
     only to the extent of the differential cost incurred by U.S. 
     shippers necessary to comply with U.S. health, safety, labor 
     and other U.S. standards that are not required for non-U.S. 
     vessels.
       (b) Report.--The Secretary of Transportation shall submit a 
     report 90 days after the enactment of this Act and annually 
     thereafter to the appropriate committees of Congress 
     detailing the U.S. health, safety, labor and other standards 
     and their differential cost to U.S. shippers of agricultural 
     commodities under sections 901(b) and 901b of the Merchant 
     Marine Act of 1936.
                                                                    ____

                           Amendment No. 2038

       At the appropriate place in the bill, add the following new 
     section:

     ``SEC.   . AUTHORIZATION FOR AN INDUSTRIAL PARK ON THE BORDER 
                   BETWEEN THE TERRITORIES AND ISRAEL.

       (a) Findings.--The Congress finds that:
       (1) Extremists in Hamas and Islamic Jihad who reject the 
     gains made since the signing of the Declaration of Principles 
     have used terrorist tactics to force the closing of the 
     territories;
       (2) These terrorist acts have exacerbated existing problems 
     and Gaza is now experiencing staggering unemployment nearing 
     50%, increasing chaos and a downward spiral of dashed hopes 
     and deepening poverty;
       (3) Israel's legitimate security concerns necessitate 
     creative new methods of ensuring continued economic 
     opportunity for the Palestinians; and
       (4) The development of industrial parks along the border 
     between Gaza, the West Bank and Israel sponsored by 
     individual nations provides an important means of providing 
     both development for Palestinians while maintaining border 
     security.
       (b) Sense of Congress.--It is the sense of Congress that:'
       (1) The United States should take prompt, visible action 
     before the coming elections in Gaza and Jericho that promises 
     hope and jobs to Palestinians;
       (2) The rapid development of an industrial park, closely 
     coordinated with private sector investors, will provide a 
     clear sign of opportunity resulting from peace with Israel;
       (3) The decision to site the industrial park should give 
     special consideration to the extremely difficult economic 
     conditions in Gaza;
       (4) The President should appoint a Special Coordinator to 
     coordinate the rapid development of an industrial park in 
     Gaza and to begin the recruitment of U.S. investors; and
       (5) The Secretary of State should direct a short-term 
     review and implementation of U.S. assistance plans to assist 
     in speeding the flow of goods and services between Israel and 
     Gaza while increasing security between the two areas.
       (b) Authorization.--There are authorized to be appropriated 
     $10,000,000 for the rapid development of a prototype 
     industrial park in Gaza and/or the West Bank, notwithstanding 
     sections 513 and 545 of the FY1995 Foreign Operations, Export 
     Financing and Related Programs and FY1994 Supplemental 
     Appropriations Act (P.L. 103-306) or similar provisions.''
                                                                    ____

                           Amendment No. 2039

       At the appropriate place in the bill, insert the following 
     new section:
         TITLE ____--NATO PARTICIPATION ACT AMENDMENTS OF 1995

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``NATO Participation Act 
     Amendments of 1995''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Since 1949, the North Atlantic Treaty Organization 
     (NATO) has played an essential role in guaranteeing the 
     security, freedom, and prosperity of the United States and 
     its partners in the Alliance.

[[Page S11115]]

       (2) NATO has expanded its membership on three different 
     occasions since 1949.
       (3) The sustained commitment of the member countries of 
     NATO to mutual defense of their security ultimately made 
     possible the democratic transformation in Central and Eastern 
     Europe and the demise of the Soviet Union.
       (4) NATO was designed to be and remains a defensive 
     military organization whose members have never contemplated 
     the use of, or used, military force to expand the borders of 
     its member states.
       (5) While the immediate threat to the security of the 
     United States and its allies has been reduced with the 
     collapse of the Iron Curtain, new security threats, such as 
     the situation in Bosnia and Herzegovina, are emerging to the 
     shared interests of the member countries of NATO.
       (6) NATO remains the only multilateral security 
     organization capable of conducting effective military 
     operations to protect Western security interests.
       (7) NATO has played a positive role in defusing tensions 
     between NATO members and, as a result, no military action has 
     occurred between two NATO member states since the inception 
     of NATO in 1949.
       (8) NATO is also an important diplomatic forum for the 
     discussion of issues of concern to its member states and for 
     the peaceful resolution of disputes.
       (9) America's security, freedom, and prosperity remain 
     linked to the security of the countries of Europe.
       (10) Any threat to the security of the newly emerging 
     democracies in Europe would pose a security threat to the 
     United States and its European allies.
       (11) The admission to NATO of European countries that have 
     been freed from Communist domination and that meet specific 
     criteria for NATO membership would contribute to 
     international peace and enhance the security of the region.
       (12) A number of countries have expressed varying degrees 
     of interest in NATO membership, and have taken concrete steps 
     to demonstrate this commitment.
       (13) Full integration of Central and East European 
     countries into the North Atlantic Alliance after such 
     countries meet essential criteria for admission would enhance 
     the security of the Alliance and, thereby, contribute to the 
     security of the United States.
       (14) The expansion of NATO can create the stable 
     environment needed to successfully complete the political and 
     economic transformation envisioned by European states 
     emerging from communist domination.
       (15) In recognition that not all countries which have 
     requested membership in NATO will necessarily qualify at the 
     same pace, the accession date for each new member will vary.
       (16) The provision of NATO transition assistance should 
     include those countries most ready for closer ties with NATO, 
     and should be designed to assist other countries meeting 
     specified criteria of eligibility to move forward toward 
     eventual NATO membership.
       (17) The evaluation of future membership in NATO for 
     countries emerging from communist domination should be based 
     on the progress of those nations in meeting criteria for NATO 
     transition assistance and evolving NATO criteria, which 
     require enhancement of NATO's security and the approval of 
     all NATO members.

     SEC. 3. UNITED STATES POLICY.

       It should be the policy of the United States--
       (1) to join with the NATO allies of the United States to 
     redefine the role of the NATO Alliance in the post-Cold War 
     world;
       (2) to actively assist European countries emerging from 
     communist domination in their transition so that such 
     countries may eventually qualify for NATO membership; and
       (3) to work to define the political and security 
     relationship between an enlarged NATO and the Russian 
     Federation.

     SEC. 4. REVISIONS TO PROGRAM TO FACILITATE TRANSITION TO NATO 
                   MEMBERSHIP.

       (a) Establishment of Program.--Subsection (a) of section 
     203 of the NATO Participation Act of 1994 (title II of Public 
     Law 103-447; 22 U.S.C. 1928 note) is amended to read as 
     follows:
       ``(a) Establishment of Program.--The President shall 
     provide expanded security assistance and other related 
     assistance to countries designated under subsection (d) to 
     facilitate their transition to full NATO membership.''.
       (b) Eligible Countries.--
       (1) Eligibility.--Subsection (d) of section 203 of such Act 
     is amended to read as follows:
       ``(d) Designation of Eligible Countries.--
       ``(1) Presidential review and report.--Within 60 days of 
     the enactment of the NATO Participation Act Amendments of 
     1995, the President shall transmit to the Congress an 
     evaluation of Poland, Hungary, the Czech Republic, and 
     Slovakia as well as Estonia, Latvia, Lithuania, Slovenia, 
     Bulgaria, Romania and Albania in accordance with the criteria 
     in paragraph (3) and specifically designate one or more of 
     these countries to be eligible to receive assistance under 
     the program established in subsection (a). The President 
     shall provide a report of the country-by-country evaluation 
     as well as an evaluation of each designated country's 
     progress toward conformance with criteria for full NATO 
     membership.
       ``(2) Other european countries emerging from communist 
     domination.--
       ``(A) In addition to the country or countries designated 
     pursuant to paragraph (1), the President may designate other 
     European countries emerging from communist domination. The 
     President may make such a designation in the case of any such 
     country only if the President determines, and reports to the 
     designated congressional committees, that such country meets 
     the criteria specified in paragraph (3).
       ``(3) Criteria.--The criteria referred to in paragraph (2) 
     are, with respect to each country, that the country--
       ``(A) has made significant progress toward establishing--
       ``(i) shared values and interests;
       ``(ii) democratic governments;
       ``(iii) free market economies;
       ``(iv) civilian control of the military, of the police, and 
     of intelligence services;
       ``(v) adherence to the values, principles, and political 
     commitments embodied in the Helsinki Final Act of the 
     Organization on Security and Cooperation in Europe; and
       ``(vi) more transparent defense budgets and is 
     participating in the Partnership For Peace defense planning 
     process;
       ``(B) has made public commitments--
       ``(i) to further the principles of NATO and to contribute 
     to the security of the North Atlantic area;
       ``(ii) to accept the obligations, responsibilities, and 
     costs of NATO membership; and
       ``(iii) to implement infrastructure development activities 
     that will facilitate participation in and support for NATO 
     military activities;
       ``(C) is not ineligible for assistance under section 563 of 
     Public Law 103-306, with respect to transfers of equipment to 
     a country the government of which the the Secretary of State 
     has determined is a terrorist government for purposes of 
     section 40(d) of the Arms Export Control Act; and
       ``(D) is likely, within five years of the determination of 
     the President under paragraph (1) or (2), to be in a position 
     to further the principles of the North Atlantic Treaty and to 
     contribute to its own security and that of the North Atlantic 
     area.
       ``(4) Prohibition on funding for partnership for peace 
     activities or on funding for the warsaw initiative.--
     Effective 60 days after the date of enactment of the NATO 
     Participation Act Amendments of 1995, no funds authorized to 
     be appropriated under any provision of law may be obligated 
     or expended for activities associated with the Partnership 
     for Peace program or the Warsaw Initiative until the 
     President has designated at least one country to participate 
     in the transition program established under subsection 
     (a).''.
       (2) Conforming amendments.--
       (A) Subsections (b) and (c) of section 203 of such Act are 
     amended by striking ``countries described in such 
     subsection'' each of the two places it appears and inserting 
     ``countries designated under subsection (d)''.
       (B) Subsection (e) of section 203 of such Act is amended--
       (i) by striking ``subsection (d)'' and inserting 
     ``subsection (d)(2)''; and
       (ii) by inserting ``(22 U.S.C. 2394)'' before the period at 
     the end.
       (C) Section 204(c) of such Act is amended by striking ``any 
     other Partnership for Peace country designated under section 
     203(d)'' and inserting ``any country designated under section 
     203(d)(2)''.
       (c) Types of Assistance.--Section 203(c) of such Act is 
     amended--
       (1) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively; and
       (2) by inserting after subparagraph (D) (as redesignated) 
     the following new subparagraphs:
       ``(E) Assistance under chapter 4 of part II of the Foreign 
     Assistance Act of 1961 (relating to the Economic Support 
     Fund).
       ``(F) Funds appropriated under the `Nonproliferation and 
     Disarmament Fund' account''.
       ``(G) Assistance under chapter 6 of part II of the Foreign 
     Assistance Act of 1961 (relating to peacekeeping operations 
     and other programs).''.
       ``(H) Authority for the Department of Defense to pay excess 
     defense articles costs for countries designated for both 
     grant lethal and nonlethal excess defense articles.
       ``(I) Authority to convert FMF loans to grants, and grants 
     to loans, for eligible countries.''.
       (3) by inserting ``(1)'' immediately after ``Type of 
     Assistance.--''; and
       (4) by adding at the end the following new paragraphs:
       ``(2) For fiscal years 1996 and 1997, in providing 
     assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 for the countries designated under 
     subsection (d), the President shall include as an important 
     component of such assistance the provision of sufficient 
     language training to enable military personnel to participate 
     further in programs for military training and in defense 
     exchange programs.
       ``(3) Of the amounts made available under chapter 5 of part 
     II of the Foreign Assistance Act of 1961 (relating to 
     international military education and training), $5,000,000 
     for fiscal year 1996 and $5,000,000 for fiscal year 1997 
     should support--
       ``(A) the attendance of additional military personnel of 
     Poland, Hungary, the Czech Republic, and Slovakia at 
     professional military education institutions in the United 
     States in accordance with section 544 of such Act; and

[[Page S11116]]

       ``(B) the placement and support of United States 
     instructors and experts at military educational centers 
     within the foreign countries
      designated under subsection (d) that are receiving 
     assistance under that chapter.''.

     SEC. 5. ASSISTANCE FOR NATO PARTICIPATION ACT DESIGNEES.

       The President is authorized to obligate and expend 
     $60,000,000 from funds made available under the Foreign 
     Assistance Act of 1961 in support of countries designated to 
     receive transition assistance under section 203(a) of the 
     NATO Participation Act, as follows:
       (1) Poland: $20,000,000.
       (2) Czech Republic: $10,000,000.
       (3) Hungary: $5,000,000.
       (4) Slovakia: $5,000,000.
       (5) Other European countries designated under subsection 
     (d)(1) or subsection (d)(2): $20,000,000.

     SEC. 6. TERMINATION OF ELIGIBILITY.

       Section 203(f) of the NATO Participation Act of 1994 (title 
     II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to 
     read as follows:
       ``(f) Termination of Eligibility.--(1) The eligibility of a 
     country designated under subsection (d) for the program 
     established in subsection (a) shall terminate 60 days after 
     the President makes a certification under paragraph (2) 
     unless, within the 60-day period, the Congress enacts a joint 
     resolution disapproving the termination of eligibility.
       ``(2) Whenever the President determines that the government 
     of a country designated under subsection (d)--
       ``(A) no longer meets the criteria set forth in subsection 
     (d)(2)(A);
       ``(B) is hostile to the NATO alliance; or
       ``(C) poses a national security threat to the United 
     States,

     then the President shall so certify to the appropriate 
     congressional committees.
       ``(3) Nothing in this Act shall affect the eligibility of 
     countries to participate under other provisions of law in 
     programs described in this Act.''.
       (b) Congressional Priority Procedures.--Section 203 of such 
     Act is amended by adding at the end the following new 
     subsection:
       ``(g) Congressional Priority Procedures.--
       ``(1) Applicable procedures.--A joint resolution described 
     in paragraph (2) which is introduced in a House of Congress 
     after the date on which a certification made under subsection 
     (f)(2) is received by Congress shall be considered in 
     accordance with the procedures set forth in paragraphs (3) 
     through (7) of section 8066(c) of the Department of Defense 
     Appropriations Act, 1985 (as contained in Public Law 98-473 
     (98 Stat. 1936)), except that--
       ``(A) references to the `resolution described in paragraph 
     (1)' shall be deemed to be references to the joint 
     resolution; and
       ``(B) references to the Committee on Appropriations of the 
     House of Representatives and to the Committee on 
     Appropriations of the Senate shall be deemed to be references 
     to the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.
       ``(2) Text of joint resolution.--A joint resolution under 
     this paragraph is a joint resolution the matter after the 
     resolving clause of which is as follows: `That the Congress 
     disapproves the certification submitted by the President on 
     ____________ pursuant to section 203(f) of the NATO 
     Participation Act of 1994.'.''.

     SEC. 7. REPORTS.

       (a) Annual Report.--Section 206 of the NATO Participation 
     Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 
     note), as redesignated by section 5(1) of this Act, is 
     amended--
       (1) by inserting ``annual'' in the section heading before 
     the first word;
       (2) by inserting ``annual'' after ``include in the'' in the 
     matter preceding paragraph (1);
       (3) in paragraph (1), by striking ``Partnership for Peace'' 
     and inserting ``European''; and
       (4) by striking paragraph (2) and inserting instead the 
     following new paragraph:
       ``(2) In the event that the President determines that, 
     despite a period of transition assistance, a country 
     designated under section 203(d) has not, as of January 10, 
     1999, met criteria for NATO membership set forth by the North 
     Atlantic Council, the President shall transmit a report to 
     the designated congressional committees containing an 
     assessment of the progress made by that country in meeting 
     those standards.''.

     SEC. 8. DEFINITIONS.

       The NATO Participation Act of 1994 (title II of Public Law 
     103-447; 22 U.S.C. 1928 note), as amended by this Act, is 
     further amended by adding at the end the following new 
     section:

     ``SEC. 207. DEFINITIONS.

       ``For purposes of this title:
       ``(1) NATO.--The term `NATO' means the North Atlantic 
     Treaty Organization.
       ``(2) Designated congressional committees.--The term 
     `designated congressional committees' means--
       ``(A) the Committee on International Relations, the 
     Committee on National Security, and the Committee on 
     Appropriations of the House of Representatives; and
       ``(B) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate.
       ``(3) European countries emerging from communist 
     domination.--The term `European countries emerging from 
     Communist domination' includes, but is not limited to, 
     Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, 
     Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and 
     Ukraine.''.
                                 ______


                        BROWN AMENDMENT NO. 2040

  (Ordered to lie on the table.)
  Mr. Brown submitted an amendment intended to be proposed by him to 
amendment No. 1950 proposed by him to the bill S. 908, supra; as 
follows:

       At the appropriate place in the bill, add the following new 
     section:

     SEC. 510. CLARIFICATION OF RESTRICTIONS UNDER SECTION 620E OF 
                   THE FOREIGN ASSISTANCE ACT OF 1961.

       (a) In General.--Section 620E of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2375) is amended--
       (1) in subsection (e)--
       (A) by striking ``No assistance'' and inserting ``No 
     military assistance'';
       (B) by striking ``in which assistance is to be furnished or 
     military equipment or technology'' and inserting ``in which 
     military assistance is to be furnished or military equipment 
     or technology'';
       (C) by striking ``the proposed United States assistance'' 
     and inserting ``the proposed United States military 
     assistance'';
       (D) by inserting ``(1)'' immediately after ``(e)''; and
       (E) by adding at the end the following new paragraph:
       ``(2) The prohibitions in this subsection do not apply to 
     any assistance or transfer provided for the purposes of--
       ``(A) international narcotics control (including chapter 8 
     of part I of this Act) or any other provision of law 
     available for providing assistance for counternarcotics 
     purposes;
       ``(B) facilitating military-to-military contact, training 
     (including chapter 5 of part II of this Act), or humanitarian 
     or civic assistance projects;
       ``(C) peacekeeping and other multilateral operations 
     (including chapter 6 of part II of this Act, relating to 
     peacekeeping) or any provisions of law available for 
     providing assistance for peacekeeping purposes, except that 
     any lethal military equipment provided under this 
     subparagraph shall be provided on a lease or loan basis only 
     and shall be returned upon completion of the operation for 
     which it was provided; or
       ``(D) antiterrorism assistance (including chapter 8 of part 
     II of this Act, relating to antiterrorism assistance) or any 
     other provision of law available for antiterrorism assistance 
     purposes.
       ``(3) The restrictions of this subsection shall continue to 
     apply to contracts for the delivery of F-16 aircraft to 
     Pakistan.
       ``(4) Notwithstanding the restrictions contained in this 
     subsection, military equipment, technology, or defense 
     services, other than F-16 aircraft, may be transferred to 
     Pakistan pursuant to contracts or cases entered into before 
     October 1, 1990.''; and
       (2) by adding at the end the following new subsections:
       ``(f) Storage Costs.--The President may release the 
     Government of Pakistan of its contractual obligation to pay 
     the United States Government for the storage costs of items 
     purchased prior to October 1, 1990, but not delivered by the 
     United States Government by virtue of the application of 
     subsection (e) and may reimburse the Government of Pakistan 
     for any such amounts paid, on such terms and conditions as 
     the President may prescribe, if such payments would have no 
     impact on the scoring of United States budget authority or 
     outlays.
       ``(g) Return of Military Equipment.--The President may 
     return to the Government of Pakistan military equipment paid 
     for and delivered to Pakistan and subsequently transferred 
     for repair or upgrade to the United States but not returned 
     to Pakistan by virtue of the application of subsection (e). 
     Such equipment or its equivalent may be returned to the 
     Government of Pakistan if the President determines and so 
     certifies to the appropriate congressional committees that 
     such equipment or equivalent neither constitutes nor has 
     received any significant qualitative upgrade since being 
     transferred to the United States.''.
     

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