[Congressional Record Volume 141, Number 147 (Wednesday, September 20, 1995)]
[Senate]
[Pages S13980-S13988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED
                                 ______


    THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                APPROPRIATIONS ACT FOR FISCAL YEAR 1996

                                 ______


                  DOLE (AND HELMS) AMENDMENT NO. 2707

  Mr. HELMS (for Mr. Dole for himself and Mr. Helms) proposed an 
amendment to the bill (H.R. 1868) making appropriations for foreign 
operations, export financing, and related programs for the fiscal year 
ending September 30, 1996, and for other purposes; as follows:

       At the end of the committee amendment, add the following 
     new title:
  TITLE VII--CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS AGENCIES

     SEC. 701. SHORT TITLE.

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

     SEC. 702. PURPOSES.

       The purposes of this title 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 States citizens serving in the United States 
     Government while downsizing significantly 

[[Page S 13981]]
     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.

         CHAPTER 1--REORGANIZATION OF FOREIGN AFFAIRS AGENCIES

     SEC. 711. REORGANIZATION OF THE DEPARTMENT OF STATE AND 
                   INDEPENDENT FOREIGN AFFAIRS AGENCIES.

       (a) Submission of Reorganization Plans.--
       (1) In general.--The President is authorized to transmit to 
     the appropriate congressional committees a reorganization 
     plan or plans providing for the streamlining and 
     consolidation of the foreign affairs agencies of the United 
     States in order to carry out the purposes of section 702.
       (2) Abolition of at least two of the independent foreign 
     affairs agencies.--The authority of paragraph (1) includes 
     the authority to submit a plan providing for--
       (A) the abolition of independent foreign affairs agencies 
     which are described in at least two of the following clauses:
       (i) The United States Arms Control and Disarmament Agency;
       (ii) The United States Information Agency; and
       (iii) The Agency for International Development and the 
     International Development Cooperation Agency (exclusive of 
     any component expressly established by statute); and
       (B) the elimination in the duplication of functions and 
     personnel between the Department of State and such other 
     agency or agencies not abolished under subparagraph (A);
       (C) the reduction in the aggregate number of positions in 
     the Department of State and the independent foreign affairs 
     agencies abolished pursuant to subparagraph (A) which are 
     classified at each of levels II, III, and IV of the Executive 
     Schedule;
       (D) the reorganization and streamlining of the Department 
     of State;
       (E) the achievement of a cost savings of at least 
     $3,000,000,000 over 4 years through the consolidation of 
     agencies;
       (F) the enhancement of the formulation, coordination, and 
     implementation of policy; and
       (G) the maintenance, to the maximum extent possible, of a 
     United States presence abroad within budgetary constraints.
       (b) Plan Elements.--Each plan under subsection (a), 
     consistent with the provisions of this title, shall--
       (1) identify the functions of the independent foreign 
     affairs agency or 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 agency or 
     agencies (including civil service personnel, Foreign Service 
     personnel, and detailees) that will be transferred to the 
     Department, separated from service with the agency or 
     agencies, 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 agency or 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 agency 
     or agencies;
       (7) specify the proposed disposition of the property, 
     facilities, contracts, records, and other assets and 
     liabilities of the independent foreign affairs agency or 
     agencies resulting from the abolition of any such agency and 
     the transfer of the functions of the independent foreign 
     affairs agencies to the Department; and
       (8) contain a certification by the Director of the Office 
     of Management and Budget that the Director estimates that the 
     plan will achieve a budgetary cost savings to the Federal 
     Government of at least $3,000,000,000 during the first four 
     years after the plan becomes effective.
       (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), except that--
       (1) the President may not withdraw a plan prior to the 
     conclusion of the 60-day period of continuous session of 
     Congress following the date on which the plan is submitted; 
     and
       (2) the plan may not establish a new agency or other 
     independent entity within the executive branch of Government.
       (d) Effective Date of Plan.--(1)(A) A plan transmitted 
     under subsection (a) shall become effective on a date which 
     is 60 calendar days of continuous session of Congress after 
     the date on which the plan is transmitted to Congress, unless 
     the Congress enacts a joint resolution, in accordance with 
     subsection (e), disapproving the plan.
       (B) Except as otherwise provided in this chapter, any 
     provision of a plan submitted under subsection (a) may take 
     effect later than the date on which the plan becomes 
     effective.
       (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) Abolition of Independent Foreign Affairs Agencies.--If 
     the President does not transmit to Congress within six months 
     after the date of enactment of this Act a single 
     reorganization plan meeting the requirements of subsection 
     (a)(2), or does not fully implement a plan so transmitted and 
     made effective under this section, then the United States 
     Arms Control and Disarmament Agency, the United States 
     Information Agency, the Agency for International Development, 
     and the International Development Cooperation Agency 
     (exclusive of components expressly established by statute or 
     reorganization plan) shall be abolished as of March 1, 1997, 
     and the functions of such agencies shall be transferred in 
     accordance with section 712.
       (g) Definitions.--As used in this section--
       (1) the term ``foreign affairs agencies'' means the 
     Department of State and the independent foreign affairs 
     agencies; and
       (2) the term ``independent foreign affairs agencies'' means 
     such Federal agencies (other than the Department of State) 
     that solely perform functions that are funded under major 
     budget category 150 and includes the United States Arms 
     Control and Disarmament Agency, the United States Information 
     Agency, the Agency for International Development, and the 
     International Development Cooperation Agency.

     SEC. 712. TRANSFERS OF FUNCTIONS.

       (a) Department of State.--In the event of the abolition of 
     the agencies specified in section 711(f) in accordance with 
     that subsection, there are transferred to, and vested in, the 
     Secretary of State on March 1, 1997, 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 such agencies, the agencies themselves, or officers, 
     employees, or components thereof, immediately prior to such 
     date, except as otherwise provided in this section.
       (b) Broadcasting Board of Governors.--There are transferred 
     to, and vested in, a broadcasting board of governors to be 
     established within the Department of State on March 1, 1997, 
     all functions vested by law in, or exercised by, the 
     Broadcasting Board of Governors of the United States 
     Information Agency as of the day before that date.

     SEC. 713. 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 

[[Page S 13982]]
     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. 714. 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''.
       (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 713.
       (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. 715. 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. 716. 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. 717. 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. 

[[Page S 13983]]

       (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 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. 718. 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. 719. PROPERTY AND FACILITIES.

       (a) In General.--The Secretary of State shall review the 
     property and facilities of each transferor 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. 720. 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. 721. 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. 722. 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. 723. 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. 724. 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. 725. 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. 726. 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.
     
[[Page S 13984]]


     SEC. 727. 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 title.

     SEC. 728. 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. 729. DEFINITIONS.

       For purposes of this chapter, unless otherwise provided or 
     indicated by the context--
       (1) the term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives;
       (2) 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;
       (4) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof;
       (5) the term ``transferee agency'' means--
       (A) the Department of State, with respect to functions 
     transferred under section 712(a), or as otherwise specified 
     in a reorganization plan under this title; and
       (B) the Broadcasting Board of Governors of the Department 
     of State, with respect to functions transferred under section 
     712(b); and
       (6) the term ``transferor agency'' refers to--
       (A) each of the agencies specified in section 711(f), 
     except that in the case of the functions of the Broadcasting 
     Board of Governors, the transferor agency is the Broadcasting 
     Board of Governors within the United States Information 
     Agency; and
       (B) Such other agency or instrumentality as may be 
     specified in a reorganization plan under this title.

     SEC. 730. LIMITATION ON PERSONNEL STRENGTH OF THE DEPARTMENT 
                   OF STATE.

       (a) End Fiscal Year 1996 Levels.--The number of employees 
     of the Department of State (including members of the Foreign 
     Service) who are authorized to be employed as of February 28, 
     1997, shall not exceed a number which is 9 percent less than 
     the number of such employees who are so employed immediately 
     prior to the date of enactment of this Act.
       (b) End Fiscal Year 1997 Levels.--The number of employees 
     of the Department of State (including members of the Foreign 
     Service) who are authorized to be employed as of September 
     30, 1997, shall not exceed a number which is 3 percent less 
     than the number of such employees who are authorized to be so 
     employed as of February 28, 1997.
       (c) End Fiscal Year 1998 Levels.--The number of employees 
     of the Department of State (including members of the Foreign 
     Service) who are authorized to be employed as of September 
     30, 1998, shall not exceed a number which is 2 percent less 
     than the number of such employees who are authorized to be so 
     employed as of September 30, 1997.

   CHAPTER 2--COORDINATION OF GOVERNMENT PERSONNEL AT OVERSEAS POSTS

     SEC. 741. PROCEDURES FOR COORDINATION OF GOVERNMENT PERSONNEL 
                   AT OVERSEAS POSTS.

       (a) Amendment of the Foreign Service Act of 1980.--Section 
     207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is 
     amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) In carrying out subsection (b), the head of each 
     department, agency, or other entity of the executive branch 
     of Government shall ensure that, in coordination with the 
     Department of State, the approval of the chief of mission to 
     a foreign country is sought on any proposed change in the 
     size, composition, or mandate of employees of the respective 
     department, agency, or entity (other than employees under the 
     command of a United States area military commander) if the 
     employees are performing duties in that country.
       ``(2) In seeking the approval of the chief of mission under 
     paragraph (1), the head of a department, agency, or other 
     entity of the executive branch of Government shall comply 
     with the procedures set forth in National Security Decision 
     Directive Number 38, as in effect on June 2, 1982, and the 
     implementing guidelines issued thereunder.
       ``(d) The Secretary of State, in the sole discretion of the 
     Secretary, may accord diplomatic titles, privileges, and 
     immunities to employees of the executive branch of Government 
     who are performing duties in a foreign country.''.
       (b) Review of Procedures for Coordination.--(1) The 
     President shall conduct a review of the procedures contained 
     in National Security Decision Directive Number 38, as in 
     effect on June 2, 1982, and the practices in implementation 
     of those procedures, to determine whether the procedures and 
     practices have been effective to enhance significantly the 
     coordination among the several departments, agencies, and 
     entities of the executive branch of Government represented in 
     foreign countries.
       (2) Not later than 180 days after the date of enactment of 
     this Act, the President shall submit to the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives a 
     report containing the findings of the review conducted under 
     paragraph (1), together with any recommendations for 
     legislation as the President may determine to be necessary.
                                 ______


                 BROWN (AND OTHERS) AMENDMENT NO. 2708

  Mr. BROWN (for himself, Mr. Harkin and Ms. Moseley-Braun) proposed an 
amendment to the bill H.R. 1868, supra; as follows:

       At the end of the committee amendment on page 15, line 17 
     through page 16, line 24, insert the following:

     SEC.   . CLARIFICATION OF RESTRICTIONS.

       (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 the words ``No assistance'' and inserting 
     the words ``No military assistance'';
       (B) by striking the words ``in which assistance is to be 
     furnished or military equipment or technology'' and inserting 
     the words ``in which military assistance is to be furnished 
     or military equipment or technology''; and
       (C) by striking the words ``the proposed United States 
     assistance'' and inserting the words ``the proposed United 
     States military assistance''.
       (D) by inserting ``(1)'' immediately after ``(e)''; and
       (E) by adding the following new paragraph:
       ``(2) The prohibitions in this section 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 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) and humanitarian 
     and civic assistance projects;
       ``(C) Peacekeeping and other multilateral operations 
     (including Chapter 6 of Part II of this Act relating to 
     peacekeeping) or any provision of law available for providing 
     assistance for peacekeeping purposes, except that 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;
       ``(D) Antiterrorism assistance (including Chapter 8 of Part 
     II of this Act relating to antiterrorism assistance) or any 
     provision of law available for antitorrism 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 pursuant to subsection (e) and may 
     reimburse the Government of Pakistan for any such amounts 
     paid, on such terms and conditions as the President may 
     prescribe, provided that such payments have no budgetary 
     impact.
       ``(g) Inapplicability of Restrictions to Previously Owned 
     Items.--Section 620E(e) does not apply to broken, worn or 
     unupgraded items or their equivalent which Pakistan paid for 
     and took possession of prior to October 1, 1990 and which the 
     Government of Pakistan sent to the United States for repair 
     or upgrade. Such equipment or its equivalent may be returned 
     to the Government of Pakistan provided that 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 and that 
     its total value does not exceed $25 million.''
       ``(h) Ballistic Missile Sanctions Not Affected.--Nothing 
     contained herein shall affect sanctions for transfers of 
     missile equipment or technology required under section 11B of 
     the Export Administration Act of 1979 or section 73 of the 
     Arms Export Control Act.''
                                 ______


                D'AMATO (AND OTHERS) AMENDMENT NO. 2709

  Mr. D'AMATO (for himself, Mr. Pressler, Ms. Snowe, Mr. Sarbanes, and 

[[Page S 13985]]
  Mr. Kerry) proposed an amendment to the bill H.R. 1868, supra; as 
follows:

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


                   limitation on assistance to turkey

       Sec.____. Not more than $21,000,000 of the funds 
     appropriated in this Act under the heading ``Economic Support 
     Fund'' may be made available to the Government of Turkey.
       On page 11, line 10, before the period at the end of the 
     line, insert the following: ``: Provided further, That 
     $10,000,000 of the funds made available under this heading 
     shall be transferred to, and merged with, the following 
     accounts in the following amounts: $5,000,000 for the 
     Department of the Treasury, and $5,000,000 for the Department 
     of Justice, to support law enforcement training activities in 
     foreign countries for the purpose of improving the 
     effectiveness of the United States in investigating and 
     prosecuting transnational offenses''.
                                 ______


               KASSEBAUM (AND OTHERS) AMENDMENT NO. 2710

  Mr. McCONNELL (for Mrs. Kassebaum, for herself, Mr. Feingold, and Mr. 
Simon) proposed an amendment to the bill H.R. 1868, supra; as follows:

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


                                liberia

       Sec. ____. (a) The Congress finds that--
       (1) the war in Liberia begun in 1989 has devastated that 
     country, with more than 150,000 people killed, 800,000 people 
     forced to flee to other countries, and thousands of children 
     conscripted into the rebel armies;
       (2) after nearly six years of conflict, on August 19, 1995, 
     the Liberia factions signed a peace agreement in Abuja, 
     Nigeria; and
       (3) the Liberian faction leaders and regional powers appear 
     to be committed to the most recent peace accord, including 
     the installation of the new ruling council.
       (b) It is the sense of the Congress that the United States 
     should strongly support the peace process in Liberia, 
     including diplomatic engagement, support for the west Africa 
     peacekeeping force, humanitarian assistance, and assistance 
     for demobilizing troops and for the resettlement of refugees.
       (c) Section 1(b)(2) of Public Law 102-270 is amended by 
     striking ``to implement the Yamoussoukro accord''.
                                 ______


                        REID AMENDMENT NO. 2711

  Mr. REID proposed an amendment to the bill H.R. 1868, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.  . FEDERAL PROHIBITION OF FEMALE GENITAL MUTILATION.

       (a) Title 18 Amendment.--
       (1) In general.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Female genital mutilation

       ``(a) Except as provided in subsection (b), whoever 
     knowingly circumcises, excises, or infibulates the whole or 
     any part of the labia majora or labia minora or clitoris of 
     another person who has not attained the age of 18 years shall 
     be fined under this title or imprisoned not more than 5 
     years, or both.
       ``(b) A surgical operation is not a violation of this 
     section if the operation is--
       ``(1) necessary to the health of the person on whom it is 
     performed, and is performed by a person licensed in the place 
     of its performance as a medical practitioner; or
       ``(2) performed on a person in labor or who has just given 
     birth and is performed for medical purposes connected with 
     that labor or birth by a person licensed in the place it is 
     performed as a medical practitioner, midwife, or person in 
     training to become such a practitioner or midwife.
       ``(c) In applying subsection (b)(1), no account shall be 
     taken of the effect on the person on whom the operation is to 
     be performed of any belief on the part of that or any other 
     person that the operation is required as a matter of custom 
     or ritual.
       ``(d) Whoever knowingly denies to any person medical care 
     or services or otherwise discriminates against any
      person in the provision of medical care or services, 
     because--
       ``(1) that person has undergone female circumcision, 
     excision, or infibulation; or
       ``(2) that person has requested that female circumcision, 
     excision, or infibulation be performed on any person;

     shall be fined under this title or imprisoned not more than 
     one year, or both.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``116. Female genital mutilation.''.

       (b) Information and Education Regarding Female Genital 
     Mutilation.--
       (1) In general.--The Secretary of Health and Human Services 
     shall carry out the following activities:
       (A) Compile data on the number of females living in the 
     United States who have been subjected to female genital 
     mutilation (whether in the United States or in their 
     countries of origin), including a specification of the number 
     of girls under the age of 18 who have been subjected to such 
     mutilation.
       (B) Identify communities in the United States that practice 
     female genital mutilation, and design and carry out outreach 
     activities to educate individuals in the communities on the 
     physical and psychological health effects of such practice. 
     Such outreach activities shall be designed and implemented in 
     collaboration with representatives of the ethnic groups 
     practicing such mutilation and with representatives of 
     organizations with expertise in preventing such practice.
       (C) Develop recommendations for the education of students 
     of schools of medicine and osteopathic medicine regarding 
     female genital mutilation and complications arising from such 
     mutilation. Such recommendations shall be disseminated to 
     such schools.
       (2) Definition.--For purposes of this subsection, the term 
     ``female genital mutilation'' means the removal or 
     infibulation (or both) of the whole or part of the clitoris, 
     the labia minor, or the labia major.
       (c) Effective Dates.--
       (1) Subsection (b) shall take effect immediately, and the 
     Secretary of Health and Human Services shall commence 
     carrying it out not later than 90 days after the date of the 
     enactment of this Act.
       (2) Subsection (a) shall take effect 180 days after the 
     date of the enactment of this Act.
                                 ______


               MURKOWSKI (AND OTHERS) AMENDMENT NO. 2712

  Mr. MURKOWSKI (for himself, Mr. McCain, Mr. Helms, and Mr. Nickles) 
proposed an amendment to the bill H.R. 1868, supra, as follows:

       At the appropriate place insert the following:


 Authorization for Implementation of the Agreed Framework between the 
                     United States and North Korea

       Sec. 575. (a) This section may be cited as the 
     ``Authorization for Implementation of the Agreed Framework 
     Between the United States and North Korea Act''.
       (b)(1) The purpose of this section is to set forth 
     requirements, consistent with the Agreed Framework, for the 
     United States implementation of the Agreed Framework.
       (2) Nothing in this section requires the United States to 
     take any action which would be inconsistent with any 
     provision of the Agreed Framework.
       (c)(1) The United States may not exercise any action under 
     the Agreed Framework that would require the obligation or 
     expenditure of funds except to the extent and in the amounts 
     provided in an Act authorizing appropriations and in an 
     appropriations Act.
       (2) No funds may be made available under any provision of 
     law to carry out activities described in the Agreed Framework 
     unless the President determines and certifies to Congress 
     that North Korea is in full compliance with the terms of the 
     Agreed Framework.
       (d) None of the funds made available to carry out any 
     program, project, or activity funded under any provision of 
     law may be used to maintain relations with North Korea at the 
     ambassadorial level unless North Korea has satisfied the IAEA 
     safeguards requirement described in subsection (g), the 
     additional requirements set forth in subsection (h), and the 
     nuclear nonproliferation requirements of subsection (i).
       (e)(1) The President shall not terminate the economic 
     embargo of North Korea until North Korea has satisfied the 
     IAEA safeguards requirement described in subsection (g), the 
     additional requirements set forth in subsection (h), and the 
     nuclear nonproliferation requirements of subsection (i).
       (2) As used in this subsection, the term ``economic embargo 
     of North Korea'' means the regulations of the Department of 
     the Treasury restricting trade with North Korea under section 
     5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)).
       (f)(1) If North Korea does not maintain the freeze of its 
     graphite-moderated nuclear program as defined in the Agreed 
     Framework, or if North Korea diverts heavy oil for purposes 
     not specified in the Agreed Framework, then--
       (A) no additional heavy oil may be exported to North Korea 
     if such oil is subject to the jurisdiction of the United 
     States, or is exported by a person subject to the 
     jurisdiction of the United States;
       (B) the United States shall immediately cease any direct or 
     indirect support for any exports of heavy oil to North Korea; 
     and
       (C) the President shall oppose steps to export heavy oil to 
     North Korea by all other countries in the Korean Peninsula 
     Energy Development Organization.
       (2) Whoever violates paragraph (1)(A) having the requisite 
     knowledge described in section 11 of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2410) shall be 
     subject to the same penalties as are provided in that section 
     for violations of that Act.
       (g) The requirement of this section is satisfied when the 
     President determines and certifies to the appropriate 
     congressional committees that North Korea is in full 
     compliance with its safeguards agreement with the 
     International Atomic Energy Agency (INFCIRC/403), in 
     accordance with part IV (3) of the Agreed Framework under the 
     timetable set forth therein, as determined by the Agency 
     after--
       (1) conducting inspections of the two suspected nuclear 
     waste sites at the Yongbyon nuclear complex; and
       (2) conducting such other inspections in North Korea as may 
     be deemed necessary by the Agency.
       (h) The additional requirements referred to in subsections 
     (d) and (e) are the following, 

[[Page S 13986]]
     as determined and certified by the President to the appropriate 
     congressional committees:
       (1) That progress has been made in talks between North 
     Korea and the Republic of Korea, including implementation of 
     confidence-building measures by North Korea as well as other 
     concrete steps to reduce tensions.
       (2) That the United States and North Korea have established 
     a process for returning the remains of United States military 
     personnel who are listed as missing in action (MIAs) during 
     the Korean conflict between 1950 and 1953, including field 
     activities conducted jointly by the United States and North 
     Korea.
       (3) That North Korea no longer meets the criteria for 
     inclusion on the list maintained by the Secretary of State 
     under section 6(j)(1)(A) of the Export Administration Act of 
     1979 of countries the governments of which repeatedly provide 
     support for acts of international terrorism.
       (4) That North Korea has taken positive steps to 
     demonstrate a greater respect for internationally recognized 
     human rights.
       (5) That North Korea has agreed to control equipment and 
     technology in accordance with the criteria and standards set 
     forth in the Missile Technology Control Regime, as defined in 
     section 74(2) of the Arms Export Control Act (22 U.S.C. 
     2797c).
       (i) The nuclear nonproliferation requirements referred to 
     in subsections (d) and (e) are the following, as determined 
     and certified by the President to the appropriate 
     congressional committees and the Committee on Energy and 
     Natural Resources of the Senate:
       (1) All spent fuel from the graphite-moderated nuclear 
     reactors of North Korea have been removed from the territory 
     of North Korea as is consistent with the Agreed Framework.
       (2) The International Atomic Energy Agency has conducted 
     any and all inspections that it deems necessary to account 
     fully for the stocks of plutonium and other nuclear materials 
     in North Korea, including special inspections of suspected 
     nuclear waste sites, before any nuclear components controlled 
     by the Nuclear Supplier Group Guidelines are delivered for a 
     light water reactor for North Korea.
       (3) The dismantlement of all graphite-based nuclear 
     reactors in North Korea, including reprocessing facilities, 
     has been completed in accordance with the Agreed Framework 
     and in a manner that effectively bars in perpetuity any 
     reactivation of such reactors and facilities.
       (j) The United States shall suspend actions described in 
     the Agreed Framework if North Korea reloads its existing 5 
     megawatt nuclear reactor or resumes construction of nuclear 
     facilities other than those permitted to be built under the 
     Agreed Framework.
       (k) The President may waive the application of subsection 
     (g), (h), (i), or (j) if the President determines, and so 
     notifies in writing the appropriate congressional committees, 
     that to do so is vital to the security interests of the 
     United States.
       (1) Beginning 6 months after the date of enactment of this 
     Act, and every 12 months thereafter, the President shall 
     transmit to the appropriate congressional committees a report 
     setting forth--
       (A) an assessment of the extent of compliance by North 
     Korea with all the provisions of the Agreed Framework and 
     this subtitle;
       (B) a statement of the progress made on construction of 
     light-water reactors, including a statement of all 
     contributions, direct and indirect, made by any country to 
     the Korean Peninsula Energy Development Organization from the 
     date of signature of the Agreed Framework to the date of the 
     report;
       (C) a statement of all contributions, direct or indirect, 
     by any country which is not a member of the Korean Peninsula 
     Energy Development Organization for implementation of the 
     Agreed Framework;
       (D) a statement of all expenditures made by the Korean 
     Peninsula Energy Development Organization, either directly or 
     indirectly, for implementation of the Agreed Framework;
       (E) an estimate of the date by which North Korea is 
     expected to satisfy the IAEA safeguards requirement described 
     in subsection (g);
       (F) a statement whether North Korea is transferring 
     missiles or missile technology to other countries, including 
     those countries that are state sponsors of international 
     terrorism;
       (G) a description of any new developments or advances in 
     North Korea's nuclear weapons program;
       (H) a statement of the progress made by the United States 
     in fulfilling its actions under the Agreed Framework, 
     including any steps taken toward normalization of relations 
     with North Korea;
       (I) a statement of any progress made on dismantlement and 
     destruction of the graphite-moderated nuclear reactors of 
     North Korea and related facilities;
       (J) a description of the steps being taken to implement the 
     North-South Joint Declaration on the Denuclearization of the 
     Korean Peninsula;
       (K) an assessment of the participation by North Korea in 
     talks between North Korea and the Republic of Korea; and
       (L) a description of any action taken by the President 
     under subsection (f)(1)(B).
       (2) To the maximum extent possible, the President should 
     submit the report in unclassified form.
       (l) As used in this section:
       (1) Agreed framework.--The term ``Agreed Framework'' means 
     the document entitled ``Agreed Framework Between the United 
     States of America and the Democratic People's Republic of 
     Korea'', signed October 21, 1994, at Geneva, and the attached 
     Confidential Minute.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Foreign Relations and Armed Services of the Senate and the 
     Committees on International Relations and National Security 
     of the House of Representatives.
       (3) IAEA safeguards.--The term ``IAEA safeguards'' means 
     the safeguards set forth in an agreement between a country 
     and the International Atomic Energy Agency, as authorized by 
     Article III(A)(5) of the Statute of the International Atomic 
     Energy Agency.
       (4) North korea.--The term ``North Korea'' means the 
     Democratic People's Republic of Korea, including any agency 
     or instrumentality thereof.
       (5) Inspections.--The term ``inspections'' means 
     inspections conducted by the International Atomic Energy 
     Agency pursuant to an IAEA safeguards agreement, including 
     special inspection of undeclared information or locations if 
     the IAEA cannot account for nuclear material and is therefore 
     unable to verify that there has been no diversion of nuclear 
     materials.
                                 ______


                        MACK AMENDMENT NO. 2713

  (Ordered to lie on the table.)
  Mr. MACK submitted an amendment intended to be proposed by him to the 
bill H.R. 1868, supra; as follows:

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


        limitation on inter-american bank financing for barbados

       Sec. ______. The Secretary of the Treasury shall instruct 
     the United States executive director of the Inter-American 
     Development Bank hereafter to work in opposition to, and vote 
     against, any extension by the Bank of any loan or other 
     utilization of the resources of the Bank to or for Barbados 
     until the Government of Barbados agrees to enter into 
     mediation to resolve the claim against it by G.W. Martin, 
     Incorporated, of Pompano Beach, Florida, in connection with 
     work performed under a contract for marine construction.
                                 ______


                 SPECTER (AND HELMS) AMENDMENT NO. 2714

  Mr. McCONNELL (for Mr. Specter, for himself and Mr. Helms) proposed 
an amendment to the bill H.R. 1868, supra; as follows:

       On page 81, line 21, strike ``paragraph'' and insert 
     ``paragraphs.''
       On page 81, line 23, after ``enforcement.'' insert the 
     following:
       ``(6) with respect to assistance provided to reconstitute 
     civilian police authority and capability in the post-conflict 
     restoration of host nation infrastructure for the purposes of 
     supporting a nation emerging from instability, and the 
     provision of professional public safety training, to include 
     training in internationally recognized standards of human 
     rights, the rule of law, anti-corruption, and the promotion 
     of civilian police roles that support democracy.''
                                 ______


                      McCONNELL AMENDMENT NO. 2715
  Mr. McCONNELL proposed an amendment to the bill H.R. 1868, supra; as 
follows:

       On page 67, line 11, add the following section:
       (b) Direct costs associated with meeting a foreign 
     customer's additional or unique requirements will continue to 
     be allowable under such contracts. Loadings applicable to 
     such direct costs shall be permitted at the same rates 
     applicable to procurement of like items purchased by the 
     Department of Defense for its own use.
                                 ______


                        MACK AMENDMENT NO. 2716

  Mr. McCONNELL (for Mr. Mack) proposed an amendment to the bill H.R. 
1868, supra; as follows:

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

     SEC.   . INDEX OF ECONOMIC FREEDOM.

       (a) Reporting Requirement.--The President shall include in 
     the congressional presentation materials on United States 
     bilateral economic assistance submitted to the appropriate 
     congressional committees for a fiscal year a report providing 
     a concise overview of the prospects for economic growth on a 
     broad, equitable, and sustainable basis in the countries 
     receiving economic assistance under title II of this Act. For 
     each country, the report shall discuss the laws, policies and 
     practices of that country that most contribute to or detract 
     from the achievement of this kind of growth. The report 
     should address relevant macroeconomic, microeconomic, social, 
     legal, environmental, and political factors and include 
     economic freedom criteria regarding policies wag and price 
     controls, state ownership of production and distribution, 
     state control of financial institutions, trade and foreign 
     investment, capital and profit repatriation, tax and private 
     property protections. 

[[Page S 13987]]

       (b) Countries.--The countries referred to in subsection (a) 
     are countries--
       (1) for which in excess a total of $5,000,000 has been 
     obligated during the previous fiscal year for assistance 
     under sections 103 through 106, chapters 10, 11 of party I, 
     and chapter 4 of part II of the Foreign Assistance Act of 
     1961, and under the support for Eastern Democracy Act of 
     1989; or
       (2) for which in excess of $1,000,000 has been obligated 
     during the previous fiscal year for assistance administered 
     by the Overseas Private Investment Corporation.
       (c) Consultation.--The Secretary of State shall submit the 
     report required by subsection (a) in consultation with the 
     Secretary of the Treasury, the Administrator of the Agency 
     for International Development, and the President of the 
     Overseas private Investment Corporation.
                                 ______


                       STEVENS AMENDMENT NO. 2717

  Mr. McCONNELL (for Mr. Stevens) proposed an amendment to the bill 
H.R. 1868, supra; as follows:

       Add the following in the appropriate section:
       ``To the maximum extent possible, the funds provided by 
     this Act shall be used to provide surveying and mapping 
     related services through contracts entered into through 
     competitive bidding to qualified U.S. contractors.''
                                 ______


                      BINGAMAN AMENDMENT NO. 2718

  Mr. McCONNELL (for Mr. Bingaman) proposed an amendment to the bill 
H.R. 1868, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . ENERGY SAVINGS AT FEDERAL FACILITIES

       (a) Reduction in Facilities Energy Costs.--The head of each 
     agency for which funds are made available under this Act 
     shall take all actions necessary to achieve during fiscal 
     year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency.
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection
      (a) shall remain available for obligation through the end of 
     fiscal year 1997, without further authorization or 
     appropriation, as follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Report.--
       (1) In general.--Not later than December 31, 1996, the head 
     of each agency described in subsection (a) shall submit a 
     report to Congress specifying the results of the actions 
     taken under subsection (a) and providing any recommendations 
     concerning how to further reduce energy costs and energy 
     consumption in the future.
       (2) Contents.--Each report shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved; and
       (C) specify the actions that resulted in the reductions.
                                 ______


                     MACK AMENDMENTS NOS. 2719-2721

  Mr. McCONNELL (for Mr. Mack) proposed three amendments to the bill 
H.R. 1868, supra; as follows:

                           Amendment No. 2719

       On page 39, after line 19, insert the following: ``Provided 
     further, That not more than twenty-one days prior to the 
     obligation of each such sum, the Secretary shall submit a 
     certification to the Committees on Appropriations that the 
     Bank has not approved any loans to Iran since October 1, 
     1994, or the President of the United States certifies that 
     withholding of these funds is contrary to the national 
     interest of the United States.''
                                                                    ____


                           Amendment No. 2720

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

     SEC.   . REPORTS REGARDING HONG KONG.

       (a) Extension of Reporting Requirement.--Section 301 of the 
     United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) 
     is amended in the text above paragraph (1)--
       (1) by inserting ``March 31, 1996,'' after ``March 31, 
     1995,''; and
       (2) by striking ``and March 31, 2000,'' and inserting 
     ``March 31, 2000, and every year thereafter,''.
       (b) Additional Requirements.--In light of deficiencies in 
     reports submitted to the Congress pursuant to section 301 of 
     the United States-Hong Kong Policy Act (22 U.S.C. 5731), the 
     Congress directs that reports required to be submitted under 
     that section on or after the date of enactment of this Act 
     include detailed information on the status of, and other 
     developments affecting, implementation of the Sino-British 
     Joint Declaration on the Question of Hong Kong, including--
       (1) the Basic Law and its consistency with the Joint 
     Declaration;
       (2) the openness and fairness of elections to the 
     legislature;
       (3) the openness and fairness of the election of the chief 
     executive and the executive's accountability to the 
     legislature;
       (4) the treatment of political parties;
       (5) the independence of the judiciary and its ability to 
     exercise the power of final judgment over Hong Kong law; and
       (6) the Bill of Rights.
                                                                    ____


                           Amendment No. 2721

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

     SEC.   . INDEX OF ECONOMIC FREEDOM.

       (a) Reporting Requirement.--The President shall include in 
     the congressional presentation materials on United States 
     bilateral economic assistance submitted to the appropriate 
     congressional committees for a fiscal year a report providing 
     a concise overview of the prospects for economic growth on a 
     broad, equitable, and sustainable basis in the countries 
     receiving economic assistance under title II of this Act. For 
     each country, the report shall discuss the laws, policies and 
     practices of that country that most contribute to or detract 
     from the achievement of this kind of growth. The report 
     should address relevant macroeconomic, microeconomic, social, 
     legal, environmental, and political factors and include 
     economic freedom criteria regarding policies wage and price 
     controls, state ownership of production and distribution, 
     state control of financial institutions, trade and foreign 
     investment, capital and profit repatriation, tax and private 
     property protections.
                                 ______


                 LEAHY (AND OTHERS) AMENDMENT NO. 2722

  Mr. McCONNELL (for Mr. Leahy, for himself, Mr. Dodd, and Mr. 
Sarbanes) proposed an amendment to the bill H.R. 1868, supra; as 
follows:

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

     SEC. --------. HONDURAS.

       (a) Findings.--The Congress makes the following findings:
       (1) In 1981, a secret Honduran army death squad known as 
     Battalion 316 was created. During the 1980's Battalion 316 
     engaged in a campaign of systematically kidnapping, torturing 
     and murdering suspected subversives. Victims included 
     Honduran students, teachers, labor leaders and journalists. 
     In 1993 there were reportedly 184 unsolved cases of persons 
     who were allegedly ``disappeared.'' They are presumed dead.
       (2) At the time, Administration officials were aware of the 
     activities of Battalion 316, but in its 1983 human rights 
     report the State Department stated that ``There are no 
     political prisoners in Honduras.''
       (b) Declassification of Documents.--It is the sense of the 
     Congress that the President should order the expedited 
     declassification of any documents in the possession of the 
     United States Government pertaining to persons who allegedly 
     ``disappeared'' in Honduras, and promptly make such documents 
     available to Honduran authorities who are seeking to 
     determine the fate of these individuals.
                                 ______


                 SMITH (AND OTHERS) AMENDMENT NO. 2723

  Mr. SMITH (for himself, Mr. Thomas, Ms. Snowe, Mr. Helms, and Mr. 
Dole) proposed an amendment to the bill H.R. 1868, supra; as follows:

       At the end of the Committee amendment, add the following:


   prohibition on financial assistance to the socialist republic of 
                                vietnam

       Sec.   . None of the funds appropriated or otherwise made 
     available by this Act may be used to establish most-favored-
     nation trading status with the Socialist Republic of Vietnam, 
     or to extend financing or other financial assistance to the 
     Socialist Republic of Vietnam from the Export-Import Bank of 
     the United States, Overseas Private Investment Corporation, 
     or Trade and Development Agency unless the President--
       (1) provides Congress with the original case-by-case 
     analytical assessments on unaccounted for American servicemen 
     from the Vietnam Conflict which were completed by the Defense 
     POW/MIA Office in July, 1995; and
       (2) certifies to Congress that the Socialist Republic of 
     Vietnam is being fully cooperative and fully forthcoming, on 
     the basis of information available to the United States 
     Government, in the four areas stipulated by the President, 
     namely--
       (A) concrete results from efforts by Vietnam to recover and 
     repatriate American remains;
       (B) continued resolution of discrepancy cases, live-
     sightings, and field activities,
       (C) further assistance in implementing trilateral 
     investigations with the Lao; and
       (D) accelerated efforts to provide all documents that will 
     help lead to the fullest possible accounting of POW/MIAs; and
       (3) certifies to Congress, after consultation with the 
     Director of Central Intelligence, that the Socialist Republic 
     of Vietnam is being fully forthcoming in providing the United 
     States with access to those portions of wartime Central 
     Committee-level records and reports that pertain to the 
     subject of Americans captured or held during the Vietnam War 
     by North Vietnamese, Pathet Lao, or Vietcong forces in 
     Vietnam, Laos, and Cambodia; and

[[Page S 13988]]

       (4) certifies to Congress that the Government of the 
     Socialist Republic of Vietnam is making substantial progress 
     to address United States concerns about the continued 
     suppression of the nonviolent pursuit of democratic freedoms 
     by the people of Vietnam, including freedom of expression and 
     association, and the continued imprisonment of political and 
     religious leaders, including American citizens.
     

                          ____________________