Congressional Record, Volume 142 Issue 31 (Friday, March 8, 1996)

[Congressional Record Volume 142, Number 31 (Friday, March 8, 1996)]
[House]
[Pages H1987-H2032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONFERENCE REPORT ON H.R. 1561, FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEARS 1996 AND 1997

Mr. SMITH of New Jersey submitted the following conference report and
statement on the bill (H.R. 1561) to consolidate the foreign affairs
agencies of the United States; to authorize appropriations for the
Department of State and related agencies for fiscal years 1996 and
1997; to responsibly reduce the authorizations of appropriations for
United States foreign assistance programs for fiscal years 1996 and
1997, and for other purposes:

Conference Report (H. Rept. 104-478)

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
1561), to consolidate the foreign affairs agencies of the
United States; to authorize appropriations for the Department
of State and related agencies for fiscal years 1996 and 1997;
to responsibly reduce the authorizations of appropriations
for United States foreign assistance programs for fiscal
years 1996 and 1997, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Foreign
Relations Authorization Act, Fiscal Years 1996 and 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

TITLE I--GENERAL PROVISIONS

Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.

TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Chapter 1--General Provisions

Sec. 201. Effective date.

Chapter 2--Abolition of United States Arms Control and Disarmament
Agency and Transfer of Functions

Sec. 211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Coordinator for Arms Control and Disarmament.

Chapter 3--Conforming Amendments

Sec. 221. References.

[[Page H1988]]

Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Authorities of Secretary of State.
Sec. 225. Conforming amendments.

TITLE III--UNITED STATES INFORMATION AGENCY

Chapter 1--General Provisions

Sec. 301. Effective date.

Chapter 2--Abolition of United States Information Agency and Transfer
of Functions

Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.

Chapter 3--Conforming Amendments

Sec. 321. References in law.
Sec. 322. Amendments to title 5, United States Code.
Sec. 323. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of
1961 (Fulbright-Hays Act).
Sec. 325. International broadcasting activities.
Sec. 326. Television broadcasting to Cuba.
Sec. 327. Radio broadcasting to Cuba.
Sec. 328. National Endowment for Democracy.
Sec. 329. United States scholarship program for developing countries.
Sec. 330. Fascell Fellowship Board.
Sec. 331. National Security Education Board.
Sec. 332. Center for Cultural and Technical Interchange Between North
and South.
Sec. 333. Center for Cultural and Technical Interchange Between East
and West.
Sec. 334. Mission of Department of State.
Sec. 335. Consolidation of administrative services.
Sec. 336. Grants.
Sec. 337. Ban on domestic activities.
Sec. 338. Conforming repeal to Arms Control and Disarmament Act.
Sec. 339. Repeal relating to procurement of legal services.
Sec. 340. Repeal relating to payment of subsistence expenses.
Sec. 341. Conforming amendment to SEED Act.
Sec. 342. International Cultural and Trade Center Commission.
Sec. 343. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 344. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 345. Edmund S. Muskie Fellowship Program.
Sec. 346. Implementation of Convention on Cultural Property.
Sec. 347. Mike Mansfield Fellowships.
Sec. 348. United States Advisory Committee for Public Diplomacy.

TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT

Chapter 1--General Provisions

Sec. 401. Effective date.

Chapter 2--Abolition of Agency for International Development and
Transfer of Functions

Sec. 411. Abolition of Agency for International Development and United
States International Development Cooperation Agency.
Sec. 412. Transfer of functions.
Sec. 413. Under Secretary of State for Development and for Economic and
Commercial Affairs.
Sec. 414. Abolition of Office of Inspector General of Agency for
International Development and transfer of functions.
Sec. 415. Abolition of Office of Chief Financial Officer of Agency for
International Development and transfer of functions.

Chapter 3--Conforming Amendments

Sec. 421. References.
Sec. 422. Exercise of functions by Secretary of State.
Sec. 423. Repeal of positions; employment and contracting authorities.
Sec. 424. Development Loan Committee.
Sec. 425. Development Coordination Committee.
Sec. 426. Public Law 83-480 program.
Sec. 427. Conforming amendments to title 5, United States Code.
Sec. 428. Trade Promotion Coordinating Committee.
Sec. 429. Additional conforming amendments.

TITLE V--OFFICES OF INSPECTORS GENERAL

Sec. 501. Repeal relating to Inspector General for United States Arms
Control and Disarmament Agency.
Sec. 502. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.

TITLE VI--TRANSITION

Chapter 1--Reorganization Plan and Waiver

Sec. 601. Reorganization plan.
Sec. 602. Waiver.

Chapter 2--Reorganization Authority

Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Effect on personnel.
Sec. 615. Transition fund.
Sec. 616. Savings provisions.
Sec. 617. Property and facilities.
Sec. 618. Authority of Secretary of State to facilitate transition.
Sec. 619. Recommendations for additional conforming amendments.
Sec. 620. Final report.
Sec. 621. Transfer of function.
Sec. 622. Severability.

DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS

TITLE X--GENERAL PROVISIONS

Sec. 1001. Short title.
Sec. 1002. Definitions.

TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES

Sec. 1101. Administration of foreign affairs.
Sec. 1102. International organizations, programs, and conferences.
Sec. 1103. International commissions.
Sec. 1104. Migration and refugee assistance.
Sec. 1105. Asia Foundation.
Sec. 1106. United States informational, educational, and cultural
programs.
Sec. 1107. United States arms control and disarmament.
Sec. 1108. Administration of foreign assistance.
Sec. 1109. Narcotics control assistance.
Sec. 1110. Peace Corps.
Sec. 1111. Housing guarantee program.

TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Chapter 1--Authorities and Activities

Sec. 1201. Revision of Department of State rewards program.
Sec. 1202. Buying power maintenance account.
Sec. 1203. Expenses relating to certain international claims and
proceedings.
Sec. 1204. Denial of passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of child support.
Sec. 1205. Training.
Sec. 1206. Capital Investment Fund.
Sec. 1207. Lease-purchase of overseas property.
Sec. 1208. Fees for commercial services.
Sec. 1209. Reduction of reporting requirements.
Sec. 1210. Fee for use of diplomatic reception rooms.
Sec. 1211. International Center reserve funds.
Sec. 1212. Joint funds under agreements for cooperation in
environmental, scientific, cultural, and related areas.
Sec. 1213. Efficiency in procurement.
Sec. 1214. Concerning the use of funds to further normalize relations
with Vietnam.
Sec. 1215. Diplomatic Telecommunications Service.

Chapter 2--Consular Authorities of the Department of State

Sec. 1231. Fees for machine readable visas.
Sec. 1232. Fingerprint check requirement.
Sec. 1233. Use of certain passport processing fees for enhanced
passport services.
Sec. 1234. Consular officers.
Sec. 1235. Fee for diversity immigrant lottery.
Sec. 1236. Fee for execution of passport applications.
Sec. 1237. Exclusion from the United States for membership in a
terrorist organization.
Sec. 1238. Terrorist Lookout Committees.
Sec. 1239. Incitement as a basis for exclusion from the United States.

Chapter 3--Refugees and Migration

Sec. 1251. Report to Congress concerning Cuban emigration policies.
Sec. 1252. Extension of certain adjudication provisions.
Sec. 1253. United States policy regarding the involuntary return of
refugees.
Sec. 1254. Report on Iraqi refugees.
Sec. 1255. Persecution for resistance to coercive population control
methods.
Sec. 1256. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.

TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE

Chapter 1--Organization of the Department of State

Sec. 1301. Coordinator for Counterterrorism.
Sec. 1302. Authority of United States Permanent Representative to the
United Nations.
Sec. 1303. Special Envoy for Tibet.
Sec. 1304. Responsibilities of bureau charged with migration and
refugee assistance.
Sec. 1305. Elimination of statutory establishment of certain positions
of the Department of State.
Sec. 1306. Management of the human resources of the Department of
State.

Chapter 2--Personnel of the Department of State; the Foreign Service

Sec. 1351. Authorized strength of the Foreign Service.
Sec. 1352. Restriction on lobbying activities of former United States
chiefs of mission.
Sec. 1353. Limitations on management assignments.
Sec. 1354. Nonovertime differential pay.
Sec. 1355. Recovery of costs of health care services.
Sec. 1356. Report on promotion and retention of personnel.
Sec. 1357. Foreign Service reform.

[[Page H1989]]

TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

Sec. 1401. Availability of Voice of America and Radio Marti
multilingual computer readable text and voice recordings.
Sec. 1402. Center for Cultural and Technical Interchange Between North
and South.
Sec. 1403. Expansion of Muskie Fellowship Program.
Sec. 1404. Mansfield Fellowship Program requirements.
Sec. 1405. Pilot program on advertising on USIA television and radio
broadcasts.
Sec. 1406. Changes in administrative authorities.
Sec. 1407. Retention of interest.
Sec. 1408. Conduct of certain educational and cultural exchange
programs.
Sec. 1409. Extension of Au Pair programs.
Sec. 1410. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 1411. Initiation of broadcasts by Radio Free Asia.
Sec. 1412. Distribution within the United States of the United States
Information Agency film entitled ``The Fragile Ring of
Life''.

TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Chapter 1--General Provisions

Sec. 1501. Termination of United States participation in certain
international organizations.
Sec. 1502. International Boundary and Water Commission.
Sec. 1503. Prohibition on assistance to international organizations
espousing world government.
Sec. 1504. International Covenant on Civil and Political Rights.
Sec. 1505. United States participation in single commodity
international organizations.

Chapter 2--United Nations and Affiliated Agencies and Organizations

Sec. 1521. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 1522. Report on UNICEF.
Sec. 1523. United Nations budgetary and management reform.
Sec. 1524. Limitation on assessment percentage for peacekeeping
activities.
Sec. 1525. Annual report on United States contributions to United
Nations peacekeeping activities.
Sec. 1526. Prior congressional notification of Security Council votes
on United Nations peacekeeping activities.
Sec. 1527. Codification of required notice to Congress of proposed
United Nations peacekeeping activities.
Sec. 1528. Restrictions on intelligence sharing with the United
Nations.

TITLE XVI--FOREIGN POLICY PROVISIONS

Sec. 1601. Applicability of Taiwan Relations Act.
Sec. 1602. Report on occupied Tibet.
Sec. 1603. Taipei Representative Office.
Sec. 1604. Efforts against emerging infectious diseases.
Sec. 1605. Statutory construction.
Sec. 1606. Reports regarding Hong Kong.
Sec. 1607. The United States-North Korea Agreed Framework of October
21, 1994, and the Korean Peninsula Energy Development
Organization (KEDO).
Sec. 1608. International criminal court participation.
Sec. 1609. Prohibition on the transfer of arms to Indonesia.
Sec. 1610. Bosnia and Herzegovina Self-Defense Fund.
Sec. 1611. Reports to Congress on aspects of implementation of the
General Framework Agreement.
Sec. 1612. Verification of Missile Technology Control Regime.
Sec. 1613. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994.
Sec. 1614. Payment of Iraqi claims.
Sec. 1615. International Fund for Ireland.
Sec. 1616. Deobligation of certain unexpended economic assistance
funds.
Sec. 1617. Limitation on assistance to countries that restrict the
transport or delivery of United States humanitarian
assistance.

TITLE XVII--CONGRESSIONAL STATEMENTS

Sec. 1701. The Laogai system of political prisons.
Sec. 1702. Declaration of Congress regarding United States Government
human rights policy toward China.
Sec. 1703. United States relations with the Former Yugoslav Republic of
Macedonia (FYROM).
Sec. 1704. Displaced persons.
Sec. 1705. Sense of Congress on border crossing fees.
Sec. 1706. Inter-American organizations.
Sec. 1707. Escalating costs for international peacekeeping activities.
Sec. 1708. Visit of the President of the Republic of China on Taiwan.
Sec. 1709. Republic of China on Taiwan's participation in GATT and WTO.
Sec. 1710. Industrial park for Gaza or the West Bank.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ``Foreign Affairs
Agencies Consolidation Act of 1996''.

SEC. 102. CONGRESSIONAL FINDINGS.

Congress makes the following findings:
(1) With the end of the Cold War, the international
challenges facing the United States have changed, but the
fundamental national interests of the United States have not.
The security, economic, and humanitarian interests of the
United States require continued United States engagement in
international affairs. The leading role of the United States
in world affairs will be as important in the twenty-first
century as it has been in the twentieth.
(2) The United States budget deficit requires that the
foreign as well as the domestic programs and activities of
the United States be carefully reviewed for potential
savings. Wherever possible, foreign programs and activities
must be streamlined, managed more efficiently, and adapted to
the requirements of the post-Cold War era.
(3) In order to downsize the foreign programs and
activities of the United States without jeopardizing United
States interests, strong and effective leadership will be
required. As the official principally responsible for the
conduct of foreign policy, the Secretary of State must have
the authority to allocate efficiently the resources within
the international affairs budget. As a first step in the
downsizing process, the proliferation of foreign affairs
agencies that occurred during the Cold War must be reversed,
and the functions of these agencies must be restored to the
Secretary of State.
(4) A streamlined and reorganized foreign affairs structure
under the strengthened leadership of the Secretary of State
can more effectively promote the international interests of
the United States in the next century than the existing
structure.

SEC. 103. PURPOSES.

The purposes of this division are--
(1) to consolidate and reinvent the foreign affairs
agencies of the United States within the Department of State;
(2) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(3) to provide for the reorganization of the Department of
State to maximize the efficient use of resources, eliminate
redundancy in functions, effect budget savings, and improve
the management of the Department of State;
(4) to ensure that the United States maintains adequate
representation abroad within budgetary restraints;
(5) to ensure that programs critical to the promotion of
United States national interests be maintained;
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most
competent United States citizens serving in the United States
Government while downsizing significantly the total number of
people employed by such agencies;
(7) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
and
(8) to abolish, not later than March 1, 1997, the United
States Arms Control and Disarmament Agency, the United States
Information Agency, the United States International
Development Cooperation Agency, and the Agency for
International Development.

SEC. 104. DEFINITIONS.

The following terms have the following meanings for the
purposes of this division:
(1) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(2) The term ``AID'' means the Agency for International
Development.
(3) 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.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

CHAPTER 1--GENERAL PROVISIONS

SEC. 201. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.

CHAPTER 2--ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY AND TRANSFER OF FUNCTIONS

SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY.

The United States Arms Control and Disarmament Agency is
abolished.

[[Page H1990]]

SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of State all
functions of the Director of the United States Arms Control
and Disarmament Agency and all functions of the United States
Arms Control and Disarmament Agency and any office or
component of such agency under any statute, reorganization
plan, Executive order, or other provision of law as of the
day before the effective date of this title, except as
otherwise provided in this division.

SEC. 213. COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.

(a) Establishment of Coordinator for Arms Control and
Disarmament.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Coordinator for Arms Control and Disarmament.--(1)
There shall be within the office of the Secretary of State a
Coordinator for Arms Control and Disarmament (hereafter in
this subsection referred to as the `Coordinator)' who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Coordinator shall report directly
to the Secretary of State.
``(2)(A) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall
prescribe.
``(B) The Coordinator shall be responsible for arms control
and disarmament matters. The Coordinator shall head the
Bureau of Arms Control and Disarmament.
``(3) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5314 of
title 5, United States Code, or, if the Coordinator is
appointed from the Foreign Service, the annual rate of pay
which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Participation in Meetings of National Security
Council.--Section 101 of the National Security Act of 1947
(50 U.S.C. 402) is amended by adding at the end the following
new subsection:
``(i) The Coordinator for Arms Control and Disarmament may,
in the role of advisor to the National Security Council on
arms control and disarmament matters, and subject to the
direction of the President, attend and participate in
meetings of the National Security Council.''.

CHAPTER 3--CONFORMING AMENDMENTS

SEC. 221. REFERENCES.

Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency, shall be
deemed to refer to the Secretary of State; and
(2) the United States Arms Control and Disarmament Agency
shall be deemed to refer to the Department of State.

SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.

Section 21 of the Arms Control and Disarmament Act (22
U.S.C. 2561; relating to the establishment of ACDA) is
repealed.

SEC. 223. REPEAL OF POSITIONS AND OFFICES.

The following sections of the Arms Control and Disarmament
Act are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus,
offices, and divisions).

SEC. 224. AUTHORITIES OF SECRETARY OF STATE.

(a) In General.--(1) Except as provided in paragraph (2),
the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.)
is amended by striking ``Agency'' and ``Director'' each place
it appears and inserting ``Department'' and ``Secretary'',
respectively.
(2) No amendment shall be made under paragraph (1) to
references to the On-Site Inspection Agency or to the
Director of Central Intelligence.
(b) Purpose.--Section 2 of such Act (22 U.S.C. 2551) is
amended--
(1) by striking the second, fourth, fifth, and sixth
sentences; and
(2) in the seventh sentence--
(A) by striking ``It'' and all that follows through
``State,'' and inserting ``The Department of State shall have
the authority''; and
(B) by striking ``primary''.
(c) Definitions.--Section 3 of such Act (22 U.S.C. 2552) is
amended by striking paragraph (c) and inserting the
following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section
26(b) of such Act (22 U.S.C. 2566(b)) is amended by striking
``, the Secretary of State, and the Director'' and inserting
``and the Secretary of State''.
(e) Presidential Special Representatives.--Section 27 of
such Act (22 U.S.C. 2567) is amended by striking ``, acting
through the Director''.
(f) Program for Visiting Scholars.--Section 28 of such Act
(22 U.S.C. 2568) is amended--
(1) in the second sentence, by striking ``Agency's
activities'' and inserting ``Department's arms control,
nonproliferation, and disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) of such Act (22
U.S.C. 2573(a)) is amended by striking ``shall prepare for
the President, the Secretary of State,'' and inserting
``shall prepare for the President''.
(h) Negotiation Management.--Section 34 of such Act (22
U.S.C. 2574) is amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) of such Act
(22 U.S.C. 2577(d)) is amended by striking ``Director's
designee'' and inserting ``Secretary's designee''.
(j) General Authority.--Section 41 of such Act (22 U.S.C.
2581) is repealed.
(k) Security Requirements.--Section 45 of such Act (22
U.S.C. 2585) is amended--
(1) by striking subsections (a), (b), and (d); and
(2) by striking ``(c)'' before ``The Atomic Energy
Commission''.
(l) Use of Funds.--Section 48 of such Act (22 U.S.C. 2588)
is repealed.
(m) Annual Report.--Section 51(a) of such Act (22 U.S.C.
2593a(a)) is amended by striking ``the Secretary of State,''.
(n) Requirement for Authorization of Appropriations.--
Section 53 of such Act (22 U.S.C. 2593c) is repealed.
(o) On-Site Inspection Agency.--Section 61 of such Act (22
U.S.C. 2595) is amended--
(1) in paragraph (1), by striking ``United States Arms
Control and Disarmament Agency is'' and inserting
``Department of State and the Department of Defense are
respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.

SEC. 225. CONFORMING AMENDMENTS.

(a) Arms Export Control Act.--The Arms Export Control Act
is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament
Agency in consultation with the Secretary of State and'' and
inserting ``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency, taking
into account the Director's'' and inserting ``Secretary of
State, taking into account the Secretary's''; and
(B) in the second sentence, by striking ``The Director of
the Arms Control and Disarmament Agency is authorized,
whenever the Director'' and inserting ``The Secretary of
State is authorized, whenever the Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(ii) in the second sentence, by striking ``Director of the
Arms Control and Disarmament Agency is authorized, whenever
the Director'' and inserting ``Secretary of State is
authorized, whenever the Secretary'';
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``,
the Director of the Arms Control and Disarmament Agency,''
and inserting ``Secretary of State'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``Director of the United States Arms Control and Disarmament
Agency'' and inserting ``Secretary of State'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``Director of the United States Arms
Control and Disarmament Agency'' and inserting ``Secretary of
State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking
``Director of the United States Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``,
the Secretary of Commerce, and the Director of the United
States Arms Control and Disarmament Agency'' and inserting
``and the Secretary of Commerce''.
(b) United States Institute of Peace Act.--Section 1706(b)
of the United States Institute of Peace Act (22 U.S.C.
4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) Atomic Energy Act of 1954.--The Atomic Energy Act of
1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms Control
and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the Director of
the Arms Control and Disarmament Agency,''; and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph (9)--
(i) by striking ``and in consultation with the Director of
the Arms Control and Disarmament Agency (`the Director')'';
and
(ii) by striking ``and the Director'' and inserting ``and
the Secretary of Defense'';
(B) in subsection d., in the first proviso, by striking
``Director of the Arms Control and Disarmament Agency'' and
inserting ``Secretary of Defense''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and Disarmament
Agency,''.
(d) Nuclear Non-Proliferation Act of 1978.--The Nuclear
Non-Proliferation Act of 1978 is amended--

[[Page H1991]]

(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States Arms
Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the President
for arms control, nonproliferation, and disarmament matters,
United States Arms Control and Disarmament Agency'', and
inserting ``Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State''; and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
TITLE III--UNITED STATES INFORMATION AGENCY

CHAPTER 1--GENERAL PROVISIONS

SEC. 301. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in
section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.

CHAPTER 2--ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER
OF FUNCTIONS

SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

The United States Information Agency is abolished.

SEC. 312. TRANSFER OF FUNCTIONS.

(a) Transfer to Secretary of State.--There are transferred
to the Secretary of State all functions of the Director of
the United States Information Agency and all functions of the
United States Information Agency and any office or component
of such agency under any statute, reorganization plan,
Executive order, or other provision of law as of the day
before the effective date of this title, except as otherwise
provided in this division.
(b) Transfer to Broadcasting Board of Governors.--There are
transferred to the Broadcasting Board of Governors of the
Department of State under title III of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), as amended by this Act, all functions of the
Broadcasting Board of Governors of the United States
Information Agency as of the day before the effective date of
this title.

SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b) is amended--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
(2) by adding at the end the following:
``(2) Under secretary for public diplomacy.--There shall be
in the Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for Public
Diplomacy who shall have responsibility to assist the
Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international
broadcasting.''.

CHAPTER 3--CONFORMING AMENDMENTS

SEC. 321. REFERENCES IN LAW.

Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall
be deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer
to the Department of State.

SEC. 322. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

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

SEC. 323. AMENDMENTS TO UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE ACT OF 1948.

(a) References in Section.--Except as specifically provided
in this section, whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision,
the reference shall be deemed to be made to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1431 et seq.).
(b) In General.--Except as otherwise provided in this
section, the Act (other than section 604 and subsections (a)
and (c) of section 701) is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and
inserting ``Department of State''; and
(5) by striking ``Agency'' each place it appears and
inserting ``Department of State''.
(c) Satellite and Television Broadcasts.--Section 505 (22
U.S.C. 1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be
effective in carrying out this subsection, the Department of
State'';
(3) by striking ``USIA-TV'' each place it appears and
inserting ``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency
Fluctuations.--Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by
law'' the following: ``in connection with carrying out the
informational and educational exchange functions of the
Department''; and
(2) in subsection (c), by striking ``United States
Information Agency'' each place it appears and inserting
``Department of State in carrying out the informational and
educational exchange functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C.
1477c) is amended by striking ``United States Information
Agency'' each place it appears and inserting ``Department of
State in carrying out its informational and educational
exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22
U.S.C. 1471(3)) is amended by striking all ``if the
sufficiency'' and all that follows and inserting ``if the
Secretary determines that title to such real property or
interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b)
is repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C.
1475c) is repealed.
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is
amended by inserting ``informational and educational
exchange'' before ``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is
amended by striking ``United States Information Agency post''
each place it appears and inserting ``informational and
educational exchange post of the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by
adding at the end the following:
``(4) `informational and educational exchange functions',
with respect to the Department of State, refers to functions
exercised by the United States Information Agency before the
effective date of title III of the Foreign Affairs Agencies
Consolidation Act of 1996.''.

SEC. 324. AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961 (FULBRIGHT-HAYS ACT).

[[Page H1992]]

``President'' each place it appears and inserting ``Secretary
of State''.

SEC. 325. INTERNATIONAL BROADCASTING ACTIVITIES.

(a) In General.--(1) Except as otherwise provided in
paragraph (2), title III of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States
Information Agency'' that were not stricken in subparagraph
(A) and inserting ``Department of State'';
(C) in section 305(a)(1), by inserting ``(including
activities of the Voice of America previously carried out by
the United States Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place
it appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and
inserting ``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting ``Under
Secretary's''; and
(ii) in the fifth sentence, by striking ``Director of the
United States Information Agency, the acting Director of the
agency'' and inserting ``Under Secretary of State for Public
Diplomacy, the acting Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking
``Director of the Bureau'' each place it appears and
inserting ``Director of the Office''; and
(C) in section 310(d), by striking ``Director on the date
of enactment of this Act, to the extent that the Director''
and inserting ``Under Secretary on the effective date of
title III of the Foreign Affairs Agencies Consolidation Act
of 1996, to the extent that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Director of
the International Broadcasting Bureau, the United States
Information Agency'' and inserting ``Director of the
International Broadcasting Office, the Department of State''.

SEC. 326. TELEVISION BROADCASTING TO CUBA.

(a) Authority.--Section 243(a) of the Television
Broadcasting to Cuba Act (as contained in part D of title II
of Public Law 101-246) (22 U.S.C. 1465bb(a)) is amended by
striking ``United States Information Agency (hereafter in
this part referred to as the `Agency')'' and inserting
``Department of State (hereafter in this title referred to as
the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22
U.S.C. 1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Television Marti Service.''; and
(B) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Agency facilities'' and inserting
``Department facilities''; and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of State
Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The Secretary of
State''; and
(B) by striking ``Agency'' the second place it appears and
inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246
of such Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of
such Act (22 U.S.C. 1465ee(a)) is repealed.

SEC. 327. RADIO BROADCASTING TO CUBA.

(a) Functions of the Department of State.--Section 3 of the
Radio Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States
Information Agency (hereafter in this Act referred to as the
`Agency')'' and inserting ``Department of State (hereafter in
this Act referred to as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of
State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b)
is amended--
(1) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Cuba Service (hereafter in this section referred
to as the `Service').''; and
(2) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
(c) Assistance From Other Government Agencies.--Section 6
of such Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22
U.S.C. 1465e) is amended--
(1) in subsection (b), by striking ``the Agency'' and
inserting ``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act
(22 U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each
fiscal year to carry out this Act shall be sufficient to
maintain broadcasts to Cuba under this Act at rates no less
than the fiscal year 1985 level of obligations by the former
United States Information Agency for such broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).

SEC. 328. NATIONAL ENDOWMENT FOR DEMOCRACY.

(a) Grants.--Section 503 of Public Law 98-164, as amended
(22 U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting ``the
Secretary of State''; and
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g))
is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
(c) Freedom of Information.--Section 506 of such Act (22
U.S.C. 4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three places it
appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Director'' each of the three places it
appears and inserting ``Secretary'';
(C) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(D) by striking ``United States Information Agency'' and
inserting ``Department of State''.

SEC. 329. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING
COUNTRIES.

(a) Program Authority.--Section 603 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 4703) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C.
4704(11)) is amended by striking ``United States Information
Agency'' and inserting ``Department of State''.
(c) Policy Regarding Other International Educational
Programs.--Section 606(b) of such Act (22 U.S.C. 4706(b)) is
amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22
U.S.C. 4709(e)) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.

SEC. 330. FASCELL FELLOWSHIP BOARD.

Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``8 members'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).

SEC. 331. NATIONAL SECURITY EDUCATION BOARD.

Section 803 of the Intelligence Authorization Act, Fiscal
Year 1992 (50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.

SEC. 332. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.

Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.

SEC. 333. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN EAST AND WEST.

(a) Duties.--Section 703 of the Mutual Security Act of 1960
(22 U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director
of the United States Information Agency'' (hereinafter
referred to as the `Director')'' and inserting ``Secretary of
State (hereinafter referred to as the `Secretary')''; and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C.
2056) is amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.

SEC. 334. MISSION OF DEPARTMENT OF STATE.

Section 202 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 1461-1) is amended--

[[Page H1993]]

(1) in the first sentence, by striking ``mission of the
United States Information Agency'' and inserting ``mission of
the Department of State in carrying out its information,
educational, and cultural functions'';
(2) in the second sentence, in the text above paragraph
(1), by striking ``United States Information Agency'' and
inserting ``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and
inserting ``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency''
and inserting ``mission described in this section''.

SEC. 335. CONSOLIDATION OF ADMINISTRATIVE SERVICES.

Section 23(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting
``other Federal agencies''.

SEC. 336. GRANTS.

Section 212 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States
Information Agency'' and inserting ``Department of State, in
carrying out its international information, educational, and
cultural functions,'';
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with United
States Information Agency'' and inserting ``Department of
State, in carrying out its international information,
educational, and cultural functions, shall substantially
comply with Department of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(C) in paragraphs (2) and (3), by striking ``Agency'' each
of the two places it appears and inserting ``Department'';
and
(4) by striking subsection (d).

SEC. 337. BAN ON DOMESTIC ACTIVITIES.

Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information Agency''
each of the two places it appears and inserting ``Department
of State''; and
(2) by inserting ``in carrying out international
information, educational, and cultural activities comparable
to those previously administered by the United States
Information Agency'' before ``shall be distributed''.

SEC. 338. CONFORMING REPEAL TO ARMS CONTROL AND DISARMAMENT
ACT.

Section 34(b) of the Arms Control and Disarmament Act (22
U.S.C. 2574(b)) is repealed.

SEC. 339. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.

Section 26(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2698(b)) is repealed.

SEC. 340. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.

Section 32 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2704) is amended by striking the second
sentence.

SEC. 341. CONFORMING AMENDMENT TO SEED ACT.

Section 2(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended in
paragraph (17) by striking ``United States Information
Agency'' and inserting ``Department of State''.

SEC. 342. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.

Section 7(c)(1) of the Federal Triangle Development Act (40
U.S.C. 1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.

SEC. 343. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2
OF 1977.

(a) Immigration and Nationality Act.--(1) Section
101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) is amended by striking ``Director of
the United States Information Agency'' and inserting
``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is
amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the
Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)) is
amended by striking out ``Director of the United States
Information Agency'' and inserting in lieu thereof
``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act
of 1965.--Section 9(b) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended
by striking out ``a member designated by the Director of the
United States Information Agency,'' and inserting in lieu
thereof ``a member designated by the Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of
the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking out
``19 members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the
third proviso of the paragraph ``salaries and expenses''
under the heading ``United States Information Agency'' (22
U.S.C. 1461b) by striking out ``the United States Information
Agency is authorized,'' and inserting in lieu thereof ``the
Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat.
408; chapter 301; 22 U.S.C. 2681 et seq.) is repealed.

SEC. 344. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.

Section 602 of the National and Community Service Act of
1990 (22 U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting
``Department of State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the United
States Information Agency'' and inserting ``appropriate
appropriations account of the Department of State''; and
(B) by striking ``and the United States Information
Agency''.

SEC. 345. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(2) by striking subsection (d).

SEC. 346. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.

Title III of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601 et seq.) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.

SEC. 347. MIKE MANSFIELD FELLOWSHIPS.

Part C of title II of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is
amended--
(1) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State''; and
(2) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State''.

SEC. 348. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC
DIPLOMACY.

Section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) is
amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of the
Agency'' and inserting ``Secretary of State or the Department
of State, and shall appraise the effectiveness of the
information, educational, and cultural policies and programs
of the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the Director
of the United States Information Agency'' and inserting ``,
and the Secretary of State'';
(B) by striking ``Agency'' the first place it appears and
inserting ``Department of State''; and
(C) by striking ``Director for effectuating the purposes of
the Agency'' and inserting ``Secretary for effectuating the
information, educational, and cultural functions of the
Department'';
(3) in subsection (c)(3), by striking ``programs conducted
by the Agency'' and inserting ``information, educational, and
cultural programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT

CHAPTER 1--GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the Agency for International
Development and the United States International Development
Cooperation Agency pursuant to the reorganization plan
described in section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.

CHAPTER 2--ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS

SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT
AND UNITED STATES INTERNATIONAL DEVELOPMENT
COOPERATION AGENCY.

(a) In General.--The Agency for International Development
and the United States International Development Cooperation
Agency are abolished.
(b) OPIC.--Subsection (a) shall not be interpreted to apply
to the Overseas Private Investment Corporation.

SEC. 412. TRANSFER OF FUNCTIONS.

There are transferred to the Secretary of State all
functions of the Administrator of the Agency for
International Development and the Director of the United
States International Development Cooperation Agency and all
functions of the Agency for International Development and the
United States International Development Cooperation Agency
(other than the functions

[[Page H1994]]

with respect to the Overseas Private Investment Corporation)
and any office or component of such agencies under any
statute, reorganization plan, Executive order, or other
provision of law before the effective date of this title,
except as otherwise provided in this division.

SEC. 413. UNDER SECRETARY OF STATE FOR DEVELOPMENT AND FOR
ECONOMIC AND COMMERCIAL AFFAIRS.

Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b)) is amended by adding after
paragraph (2), as added by section 313 of this Act, the
following new paragraph:
``(3) Under secretary for development and for economic and
commercial affairs.--There shall be in the Department of
State, among the Under Secretaries authorized by paragraph
(1), an Under Secretary for Development and for Economic and
Commercial Affairs who shall assist the Secretary and the
Deputy Secretary in the formation and implementation of
United States policies and activities concerning
international development and economic and commercial
affairs.''.

SEC. 414. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF AGENCY
FOR INTERNATIONAL DEVELOPMENT AND TRANSFER OF
FUNCTIONS.

(a) Abolition of Office.--The Office of Inspector General
of the Agency for International Development is abolished.
(b) Amendments to the Inspector General Act of 1978.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended as
follows:
(1) Section 8A is repealed.
(2) Section 11(1) is amended by striking ``the
Administrator of the Agency for International Development,''.
(3) Section 11(2) is amended by striking ``the Agency for
International Development,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Inspector General, Agency for International Development.''.
(d) Conforming Amendments.--(1) Section 239(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2199(e)) is amended
by striking ``Inspector General of the Agency for
International Development'' and inserting ``Inspector General
of the Department of State''.
(2) Sections 805, 806, and 812 of the Foreign Service Act
of 1980 (22 U.S.C. 4045, 4046, 4052) are amended by striking
``Office of the Inspector General, Agency for International
Development'' each place it appears and inserting ``Office of
the Inspector General, Department of State''.
(3) Section 205(b)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1725(b)(3)) is amended
by striking ``Inspector General of the Agency for
International Development'' and inserting ``Inspector General
of the Department of State''.
(e) Transfer of Functions.--
(1) Transfer to inspector general of department of state.--
Except as provided in paragraph (2), there are transferred to
the Office of Inspector General of the Department of State
the functions that the Office of Inspector General of the
Agency for International Development exercised before the
effective date of this title (including all related functions
of the Inspector General of the Agency for International
Development).
(2) Transfer to secretary of state.--There are transferred
to the Secretary of State all security functions exercised by
the Office of Inspector General of the Agency for
International Development exercised before the effective date
of this title (including all related functions of the
Inspector General of the Agency for International
Development).
(f) Transfer and Allocations of Appropriations and
Personnel.--The Secretary and the Inspector General of the
Department of State, are authorized to make such incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of this section.

SEC. 415. ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF
AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS.

(a) Abolition of Office.--The Office of Chief Financial
Officer of the Agency for International Development is
abolished.
(b) Amendment to Title 31, United States Code.--Section
901(b)(2) of title 31, United States Code, is amended by
striking subparagraph (A).
(c) Transfer of Functions.--There are transferred to the
Office of Chief Financial Officer of the Department of State
the functions that the Office of Chief Financial Officer of
the Agency for International Development exercised before the
effective date of this title (including all related functions
of the Chief Financial Officer of the Agency for
International Development).
(d) Transfer and Allocations of Appropriations and
Personnel.--The Director of the Office of Management and
Budget, in consultation with the Secretary of State, is
authorized to make such incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section.

CHAPTER 3--CONFORMING AMENDMENTS

SEC. 421. REFERENCES.

Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the administrator of the agency primarily responsible
for administering part I of the Foreign Assistance Act of
1961, the Administrator of the Agency for International
Development, or any other officer or employee of the Agency
for International Development, shall be deemed to refer to
the Secretary of State;
(2) the Director or any other officer or employee of the
United States International Development Cooperation Agency
(IDCA) shall be deemed to refer to the Secretary of State; or
(3) the Agency for International Development, AID, the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961, or the United States
International Development Cooperation Agency (IDCA) shall be
deemed to refer to the Department of State.

SEC. 422. EXERCISE OF FUNCTIONS BY SECRETARY OF STATE.

Section 621(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2381(a)) is amended--
(1) in the first sentence, by inserting before the period
the following: ``, except that functions conferred upon the
President in part I of this Act may be exercised by the
Secretary of State''; and
(2) in the second and third sentences, by striking ``head
of any such agency'' each place it appears and inserting
``Secretary of State and any other head of any such agency''.

SEC. 423. REPEAL OF POSITIONS; EMPLOYMENT AND CONTRACTING
AUTHORITIES.

The following sections of the Foreign Assistance Act of
1961 are repealed:
(1) Section 624 (a), (b), (c), and (e) (22 U.S.C. 2384 (a),
(b), (c), and (e); relating to statutory officers).
(2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) and (b);
relating to experts and consultants).

SEC. 424. DEVELOPMENT LOAN COMMITTEE.

Section 122(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151t(e)) is amended by inserting after the first
sentence the following new sentence: ``The Secretary of State
shall serve as Chairman of the Committee.''.

SEC. 425. DEVELOPMENT COORDINATION COMMITTEE.

(a) Annual Report.--Section 634(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394(a)) is amended in the
text above paragraph (1)(A) by striking ``Chairman of the
Development Coordination Committee'' and inserting
``Secretary of State''.
(b) Coordination.--Section 640B(a) of such Act (22 U.S.C.
2399(a)) is amended by striking ``head of the agency
primarily responsible for administering part I, Chairman, and
representatives of the Departments of State,'' and inserting
``Secretary of State,''.

SEC. 426. PUBLIC LAW 83-480 PROGRAM.

The Agricultural Trade Development and Assistance Act of
1954 (Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary of State''; and
(2) in section 402 (7 U.S.C. 1732)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.

SEC. 427. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES
CODE.

(a) Administrator.--Section 5313 of title 5, United States
Code, is amended by striking ``Administrator, Agency for
International Development.''.
(b) Deputy Administrator.--Section 5314 of title 5, United
States Code, is amended by striking ``Deputy Administrator,
Agency for International Development.''.
(c) Assistant Administrators.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant
Administrators, Agency for International Development (6).''.
(d) Regional Assistant Administrators.--Section 5315 of
title 5, United States Code, is amended by striking
``Regional Assistant Administrators, Agency for International
Development (4).''.
(e) General Counsel.--Section 5316 of title 5, United
States Code, is amended by striking ``General Counsel of the
Agency for International Development.''.

SEC. 428. TRADE PROMOTION COORDINATING COMMITTEE.

Section 2312 of the Export Enhancement Act of 1988 (15
U.S.C. 4727) is amended--
(1) in subsection (d)(1)--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (M) as
subparagraphs (I) through (L), respectively; and
(2) in subsection (f)--
(A) by inserting ``the Committee on Foreign Relations and''
after ``submit to''; and
(B) by striking ``Foreign Affairs'' and inserting
``International Relations''.

SEC. 429. ADDITIONAL CONFORMING AMENDMENTS.

(a) FAA Authorities.--The Foreign Assistance Act of 1961 is
amended--
(1) in section 118 (22 U.S.C. 2151p-1)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(B) by striking ``Agency'' each place it appears and
inserting ``Department'';
(2) in section 119 (22 U.S.C. 2151q)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
(B) by striking ``Agency'' each place it appears and
inserting ``Department''; and
(C) in subsection (g)--
(i) by striking ``Actions by AID'' and inserting ``Actions
by the Department of State''; and
(ii) by striking ``Agency's'' and inserting
``Department's'';
(3) in section 123(b) (22 U.S.C. 2151u), by striking
``Agency for International Development'' and inserting
``Department of State'';

[[Page H1995]]

(4) in section 225 (22 U.S.C. 2185)--
(A) by striking ``Administrator'' each place it appears
(other than in subsection (m)(2)) and inserting
``Secretary''; and
(B) in subsection (m)--
(i) by striking ``Agency for International Development''
and inserting ``Department of State''; and
(ii) by striking `` `Administrator' means the Administrator
of the Agency for International Development'' and inserting
`` `Secretary' means the Secretary of State'';
(5) in section 233(b), by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State'';
(6) in section 239 (22 U.S.C. 2199) in subsection (h), by
striking ``Agency for International Development'' and
inserting ``Department of State'';
(7) in section 296 (22 U.S.C. 2220a), by striking
subsection (e);
(8) in sections 462 through 466 (22 U.S.C. 2282-2286), by
striking ``Administrator of the Agency for International
Development'' each place it appears and inserting ``Secretary
of State'';
(9) in section 495K(b)(3), by striking `` `Operating
Expenses of the Agency for International Development'
account'' and inserting ``appropriate administrative account
of the Department of State'';
(10) in section 496, by striking ``Agency for International
Development'' each place it appears and inserting
``Department of State'';
(11) in section 498C(b)(1), by striking `` `Operating
Expenses of the Agency for International Development' '' and
inserting ``the appropriate administrative account of the
Department of State'';
(12) in section 601--
(A) except as provided in subparagraph (B), by striking
``Administrator'' each place it appears and inserting
``Secretary of State'';
(B) in subsection (c)(1), by striking ``Administrator of
the Agency for International Development'' and inserting
``Secretary of State''; and
(C) by striking ``Agency for International Development''
and inserting ``Secretary of State'';
(13) in section 607(a), by striking ``Agency for
International Development'' and inserting ``Department of
State'';
(14) in section 634(a)(2)(F), by striking ``Agency for
International Development'' and inserting ``Department of
State''; and
(15) in section 635(c), by striking ``Agency for
International Development'' and inserting ``Department of
State''.
(b) Additional FAA References.--(1) Except as provided in
paragraphs (2) and (3), the Foreign Assistance Act of 1961 is
amended by striking ``agency primarily responsible for
administering this part'', ``agency primarily responsible for
administering part I'', ``agency primarily responsible for
administering part I of this Act'' each place such phrase
appears and inserting ``Department of State''.
(2) The Foreign Assistance Act of 1961 is amended by
striking ``administrator of the agency primarily responsible
for administering part I of this Act'', ``Administrator of
the agency primarily responsible for administering this
part'', and the ``Administrator of the agency primarily
responsible for administering part I of this Act'' each place
it appears and inserting ``Secretary of State''.
(3) The Foreign Assistance Act of 1961 is amended--
(A) in section 101(b), by striking ``Under the policy
guidance of the Secretary of State, the agency primarily
responsible for administering this part'' and inserting ``The
Department of State'';
(B) in section 116(b), by striking ``Administrator
primarily responsible for administering part I of this Act''
and inserting ``Secretary of State'';
(C) in section 224(a), by striking ``Agency'' each place it
appears and inserting ``Department'';
(D) in section 464(d), as added by section 701 of Public
Law 99-83, is amended by striking ``, under the supervision
and direction of the Secretary of State,'';
(E) in section 604(f), by striking ``agency primarily
responsible for administering such part I'' and inserting
``Department of State'';
(F) in section 611(e), by striking ``head of the agency
primarily responsible for administering part I of the Act''
and inserting ``Secretary of State''; and
(G) in paragraphs (5) and (6) of section 636(a), by
striking ``head of the agency primarily responsible for
administering part I'' each place it appears and inserting
``Secretary of State''.
(c) SEED Act.--(1) Section 201(e) of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(e)) is
amended by striking ``Agency for International Development''
and inserting ``Department of State''.
(2) Section 203 of such Act (22 U.S.C. 5423) is amended by
striking ``Agency for International Development'' each place
it appears and inserting ``Department of State''.
(3)(A) Section 402(a) of such Act (22 U.S.C. 5442(a)) is
amended by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(B) Except as provided in subparagraph (A), section 402 is
further amended by striking ``Administrator'' each place it
appears and inserting ``Secretary''.
(4) Section 803 of such Act (22 U.S.C. 5493) is amended--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(B) by striking ``to the Agency'' and inserting ``to the
Department''.
(d) Cooperation Threat Reduction With States of Former
Soviet Union.--Section 1204(h) of the Cooperation Threat
Reduction Act of 1993 (22 U.S.C. 5953(h)) is amended by
striking ``and the Administrator of the Agency for
International Development''.
(e) Peace Corps National Advisory Council.--Section
12(c)(3) of Peace Corps Act (22 U.S.C. 2511(c)(3)) is amended
in subsection (c)(3) by striking ``and the Administrator of
the Agency for International Development, or their
designees,'' and inserting ``or his designee''.
(f) Democracy Corps.--Section 401 of the FREEDOM Support
Act (22 U.S.C. 5841) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(2) in subsection (h)(3)--
(A) by striking ``aid review'' and inserting ``state
department review''; and
(B) by striking ``Agency for International Development''
and inserting ``Department of State''; and
(3) by striking subsection (l)(1).
(g) Environmental Performance of Multilateral Development
Banks.--(1) Section 1302 of the International Financial
Institutions Act (22 U.S.C. 262m-1) is amended by striking
``, in cooperation with the Administrator of the Agency for
International Development,''.
(2) Section 1303 of such Act (22 U.S.C. 262m-2) is
amended--
(A) in subsection (a)(1), by striking ``missions of the
Agency for International Development'' and inserting
``economic assistance missions of the Department of State'';
and
(B) by striking ``Administrator of the Agency for
International Development, in consultation with the Secretary
of the Treasury and the Secretary of State,'' each place it
appears and inserting ``Secretary of State, in consultation
with the Secretary of the Treasury,''.
(h) Cooperative Information Exchange System.--Section 1304
of the International Financial Institutions Act (22 U.S.C.
262m-3) is amended by striking ``and the Administrator of the
Agency for International Development''.
(i) Environmental Impact of Proposed Multilateral
Development Bank Actions.--Section 1307(e) of the
International Financial Institutions Act (22 U.S.C. 262m-
7(e)) is amended by striking ``the Administrator of the
Agency for International Development,''.
(j) Annual Report by Chairman of National Advisory Council
on International Monetary and Financial Policies.--Section
1701(b)(10) of the International Financial Institutions Act
(22 U.S.C. 262r(b)(10)) is amended by striking ``and the
Administrator of the Agency for International Development''.
(k) Combined Report.--Section 1703 of the International
Financial Institutions Act (22 U.S.C. 262r-2) is amended by
striking ``Administrator of the Agency for International
Development, in consultation with the Secretary of the
Treasury and the Secretary of State'' and inserting
``Secretary of State, in consultation with the Secretary of
the Treasury,''.
(l) Property Management Fund.--Section 585 of Public Law
101-513 (22 U.S.C. 2369a) is amended--
(1) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(2) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(m) Capital Projects.--(1) Section 302 of the Aid, Trade,
and Competitiveness Act of 1992 (22 U.S.C. 2421a) is
amended--
(A) by striking ``Administrator of AID'' each place it
appears and inserting ``Secretary of State''; and
(B) in all references not covered by subparagraph (A), by
striking ``AID'' and inserting ``Department of State''.
(2) Section 303 of such Act (22 U.S.C. 2421b) is amended--
(A) by striking ``Administrator of AID'' each place it
appears and inserting ``Secretary of State''; and
(B) by striking ``AID'' each place it appears (except as
provided in subparagraph (A)) and inserting ``Department of
State''.
(3) Section 308(1) of such Act is repealed.
(n) Foreign Contracts.--Section 121 of the Foreign
Relations Authorization Act, Fiscal Year 1977 (22 U.S.C.
2661a) is amended by striking ``(including the Agency for
International Development)''.
(o) Administrative Services.--Section 23 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2695) is
amended by striking ``the Agency for International
Development,''.
(p) Energy Development Programs.--Section 502(c) of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262(c)) is
amended by striking ``Agency for International Development
and''.
(q) Agricultural Commodities.--Section 416(b)(8)(C)(i) of
the Agricultural Act of 1949 (7 U.S.C. 1431(b)(8)(C)(i)) is
amended by striking ``Agency for International Development
office'' and inserting ``Department of State''.
(r) Local Currency Proceeds.--Section 305(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1727d(c)) is amended--
(1) by striking ``Administrator'' and inserting
``Secretary''; and
(2) by striking ``Agency for International Development''
and inserting ``Department of State''.
(s) Special Assistant for Agricultural Trade and Food
Assistance.--Section 1113(c)(3) of the Food Security Act of
1985 (7 U.S.C. 1736-1(c)(3)) is amended by striking ``Agency
for International Development'' and inserting ``Department of
State''.
(t) Avoidance of Conflict of Interest.--Section 407(d)(3)
of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1736a(d)(3)) is amended by striking ``Agency
for International Development'' and inserting ``Department of
State''.
(u) International Agricultural Research and Extension.--
Section 1458 of the National Agricultural Extension and
Policy Act (7 U.S.C.

[[Page H1996]]

3291) is amended by striking ``Agency for International
Development'' each place it appears and inserting
``Department of State''.
(v) Tied Aid Credit Program.--(1) Section 645(d) of the
Trade and Development Enhancement Act of 1983 (12 U.S.C.
635r(d)) is amended by striking ``in cooperation with the
Administrator of the Agency for International Development''.
(2) Section 647(2) of such Act (12 U.S.C. 635t(2)) is
amended by striking ``Agency for International Development''
and inserting ``Department of State''.
(w) Research and Development.--Section 9(e)(1) of the Small
Business Act (15 U.S.C 638(e)(1)) is amended by striking
``Agency for International Development'' and inserting
``Department of State (insofar as it carries out functions
previously administered by the Agency for International
Development)''.
(x) Central European Small Business Development
Commission.--Section 25(b)(1) of the Small Business Act (15
U.S.C 652(b)(1)) is amended by striking ``Agency for
International Development'' and inserting ``Department of
State (insofar as it carries out functions previously
administered by the Agency for International Development)''.
(y) Interagency Aquaculture Coordinating Group.--Section
6(a)(9) of the National Aquaculture Act of 1980 (42 U.S.C.
6601 note) is amended by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State''.
(z) Forestry and Related Natural Resource Assistance.--
Section 602(c) of the International Forestry Cooperation Act
of 1990 (16 U.S.C. 4501(c)) is amended--
(1) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''; and
(2) by striking ``Agency for International Development''
and inserting ``Department of State''.
(aa) Caribbean and Central American Scholarship Program.--
Section 231 of the Customs and Trade Act of 1990 (20 U.S.C.
226) is amended--
(1) in subsection (b), by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State''; and
(2) in subsections (c) and (d), by striking
``Administrator'' each place it appears and inserting
``Secretary of State''.
(bb) Use of Renewable Resources for Energy Production.--
Section 602(a)(7) of Public Law 96-259 (22 U.S.C. 262j(a)(7))
is amended by striking ``Agency for International
Development'' and inserting ``Department of State''.
(cc) Public Health Activities.--(1) Section 2102 of the Act
of July 1, 1944, chapter 373, as amended, is amended by
striking ``Agency for International Development'' each place
it appears and inserting ``Department of State''.
(2) Section 2315(b) of such Act is amended by striking
``Administrator of the Agency for International Development''
and inserting ``Secretary of State''.
(dd) Energy Authorities.--Section 256 of Public Law 94-163,
as amended (42 U.S.C. 6276), is amended in subsection
(d)(1)(C) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(ee) Transportation Expenses.--Section 706 of the Foreign
Relations Authorization Act, Fiscal Year 1979 (49 U.S.C.
1518) is amended by striking ``Agency for International
Development''.
TITLE V--OFFICES OF INSPECTORS GENERAL

SEC. 501. REPEAL RELATING TO INSPECTOR GENERAL FOR UNITED
STATES ARMS CONTROL AND DISARMAMENT AGENCY.

Section 50 of the Arms Control and Disarmament Act (22
U.S.C. 2593a), relating to the ACDA Inspector General, is
repealed.

SEC. 502. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED
STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.

(a) Abolition of Office.--The Office of Inspector General
of the United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1), by striking ``, the Office of
Personnel Management or the United States Information
Agency'' and inserting ``or the Office of Personnel
Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and
(j) of section 308 of Public Law 103-236 are amended by
striking ``Inspector General of the United States Information
Agency'' each place it appears and inserting ``Inspector
General for the Department of State''.
(e) Transfer of Functions.--There are transferred to the
Office of the Inspector General of the Department of State
the functions that the Office of Inspector General of the
United States Information Agency exercised before the
effective date of this title (including all related functions
of the Inspector General of the United States Information
Agency).
(f) Transfer and Allocations of Appropriations and
Personnel.--The Director of the Office of Management and
Budget, in consultation with the Secretary of State, is
authorized to make such incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section.
(g) Effective Date.--This section, and the amendments made
by this section, shall take effect on the earlier of--
(1) March 1, 1997; or
(2) the date of the abolition of the United States
Information Agency pursuant to the reorganization plan
described in section 601.
TITLE VI--TRANSITION

CHAPTER 1--REORGANIZATION PLAN AND WAIVER

SEC. 601. REORGANIZATION PLAN.

(a) Submission of Plan.--Not later than October 1, 1996,
the President shall, in consultation with the Secretary and
the heads of the agencies covered under subsection (b),
transmit to the appropriate congressional committees a
reorganization plan providing for--
(1) the abolition of each such agency in accordance with
this division not later than March 1, 1997;
(2) the termination of functions of each such agency that
would be redundant if transferred to the Department, and the
separation from service of employees of each such agency not
otherwise provided for in the plan;
(3) the transfer to the Department of the functions and
personnel of each such agency consistent with the provisions
of this division; and
(4) the consolidation, reorganization, and streamlining of
the Department upon the transfer of such functions and
personnel in order to carry out such functions.
(b) Covered Agencies.--
(1) In general.--Except as provided in paragraph (2), the
agencies covered under this subsection are the following:
(A) The United States Arms Control and Disarmament Agency.
(B) The United States Information Agency.
(C) The Agency for International Development (including the
United States International Development Cooperation Agency).
(2) Exception.--The President may exclude up to two of the
agencies set forth in paragraph (1) from consideration as
agencies covered under this subsection. The President shall
exclude such agency or agencies by submitting a waiver with
respect to such agencies in accordance with section 602.
(c) Plan Elements.--The plan transmitted under subsection
(a) shall--
(1) identify the functions of each covered agency that will
be transferred to the Department under the plan;
(2) identify the personnel and positions of each such
agency (including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred to the
Department, separated from service with such agency, or
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 each such agency that
will be transferred to the Department as a result of the
transfer of functions of such agency to the Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the
transfer of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of each such agency in connection with the
transfer of the functions of the agency to the Department.
(d) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise the plan transmitted under
subsection (a).
(e) Effective Date.--(1) The reorganization plan described
in this section, including any modifications or revisions of
the plan under subsection (d), shall become effective on the
earlier of March 1, 1997, or such date as the President shall
determine to be appropriate and announce by notice published
in the Federal Register, which date may be not earlier than
60 calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die
or because of an adjournment of more than 3 days to a day
certain) after the President has transmitted the
reorganization plan to the appropriate congressional
committees pursuant to subsection (a).
(2) Paragraph (1) shall apply notwithstanding section
905(b) of title 5, United States Code.

SEC. 602. WAIVER.

(a) In General.--(1) The President may waive the
applicability of title II, III, or IV of this division to the
agency otherwise covered by such title only if--
(A) the President includes in the reorganization plan
transmitted under section 601 the certification described in
subsection (b); and
(B) the certification is transmitted with the
reorganization plan not later than October 1, 1996.
(2) The President may exercise such waiver authority with
respect to not more than two such titles.
(b) Certification.--In order to waive the applicability of
a title referred to in subsection (a), the President shall
certify that--
(1) the reorganization plan submitted under section 601--
(A) will achieve savings of $1,700,000,000 in budget
authority during fiscal years 1996

[[Page H1997]]

through 1999 (not more than 30 percent of which may be
realized from reductions in program levels); and
(B) will conform to the authorizations of appropriations
during such fiscal years in division B; and
(2) the preservation of the agency that would otherwise be
abolished pursuant to the title is important to the national
interest of the United States.
(c) Reorganization of Agency Covered by Waiver.--
(1) In general.--Notwithstanding the waiver of the
applicability of a title of this division, the President, in
consultation with the Secretary and the head of the agency
otherwise abolished pursuant to the title--
(A) shall provide in the reorganization plan transmitted
under section 601 for the transfer to and consolidation
within the Department of the functions of the agency set
forth in paragraph (2); and
(B) may provide in the reorganization plan for additional
consolidation, reorganization, and streamlining of the
agency, including--
(i) the termination of functions and reductions in
personnel of the agency;
(ii) the transfer of functions of the agency (including
personnel operations other than personnel management,
financial operations, public affairs aimed primarily at
domestic audiences, legislative affairs, and legal affairs),
and the personnel associated with such functions, to the
Department; and
(iii) the consolidation, reorganization, and streamlining
of the Department upon the transfer of such functions and
personnel in order to carry out the functions transferred.
(2) Functions to be transferred.--The functions to be
transferred under paragraph (1) are the functions relating to
the following:
(A) Non-specialized procurement.
(B) Travel and transportation.
(C) Facilities management.
(D) Security operations.

CHAPTER 2--REORGANIZATION AUTHORITY

SEC. 611. REORGANIZATION AUTHORITY.

(a) In General.--The Secretary is authorized, subject to
the requirements of this division, to allocate or reallocate
any function transferred to the Department under any title of
this division among the officers of the Department, and to
establish, consolidate, alter, or discontinue such
organizational entities within the Department as may be
necessary or appropriate to carry out any reorganization
under this division, but the authority of the Secretary under
this section does not extend to--
(1) the abolition of organizational entities or officers
established by this Act or any other Act; or
(2) the alteration of the delegation of functions to any
specific organizational entity or officer required by this
Act or any other Act.
(b) Requirements and Limitations on Reorganization Plan.--
The reorganization plan under section 601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing an agency to exercise a function which is
not authorized by law at the time the plan is transmitted to
Congress;
(4) creating a new agency which is not a component or part
of an existing executive department or independent agency; or
(5) increasing the term of an office beyond that provided
by law for the office.

SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND
PERSONNEL.

(a) In General.--Except as otherwise provided in this Act,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available in connection with the functions and
offices, or portions thereof transferred by any title of this
division, subject to section 1531 of title 31, United States
Code, shall be transferred to the Secretary for appropriate
allocation.
(b) Limitation on Use of Transferred Funds.--Unexpended and
unobligated funds transferred pursuant to any title of this
division shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(c) Authorized Strength of the Foreign Service.--When an
agency is abolished under this division, the limitations for
fiscal years 1996 and 1997 under section 1351 of this Act on
the members of the Foreign Service authorized to be employed
by such agency shall be added to the limitations under such
section which apply to the Department.

SEC. 613. INCIDENTAL TRANSFERS.

The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized to make such
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of any title of this
division. The Director of the Office of Management and
Budget, in consultation with the Secretary, shall provide for
the termination of the affairs of all entities terminated by
this division and for such further measures and dispositions
as may be necessary to effectuate the purposes of any title
of this division.

SEC. 614. EFFECT ON PERSONNEL.

(a) Executive Schedule Positions.--Except as otherwise
provided in this division, any person who, on the day
preceding the date of the abolition of an agency the
functions of which are transferred under any title of this
division, held a position 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 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.
(b) Treatment of Appointed Positions.--(1) Positions whose
incumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which are
transferred by any title of this division, shall terminate on
the effective date of that title.
(2) An individual holding an office immediately prior to
the abolition or transfer of the office by a title of this
division--
(A) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(B) who performs duties substantially similar to the duties
of an office proposed to be created under the reorganization
plan submitted under section 601,

may, in the discretion of the Secretary, assume the duties of
such new office, and shall not be required to be reappointed
by reason of the abolition or transfer of the individual's
previous office.
(c) 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 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).
(d) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department as a result of a transfer
pursuant to any title of this division may retain for 1 year
after the date such transfer occurs membership in any
employee benefit program of the former 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.
(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. If
any employee elects to give up membership in a health
insurance program or the health insurance program is not
continued by the Secretary, 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.
(e) Senior Executive Service.--Any employee in the career
Senior Executive Service who is transferred pursuant to any
title of this division shall be placed in a position at the
Department which is comparable to the position the employee
held in the agency.
(f) Assignments.--(1) Transferring employees shall be
provided reasonable notice of new positions and assignments
prior to their transfer pursuant to any title of this
division.
(2) Foreign Service personnel transferred to the Department
pursuant to any title of this division shall be eligible for
any assignment open to Foreign Service personnel within the
Department for which such transferred personnel are
qualified.
(g) Treatment of Personnel Employed in Terminated
Functions.--The provisions of this subsection shall apply
with respect to officers and employees in the competitive
service, or employed under an established merit system in the
excepted service, whose employment is terminated as a result
of the abolition of the agency or the reorganization and
consolidation of functions of the Department under any title
of this division:
(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 former agency as
having served satisfactorily in the competitive service in
the former 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 former agency as having served satisfactorily in
the former 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 one year after completion of the
appointee's service.
(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.

[[Page H1998]]

(5) Any rights or benefits created by this subsection are
in addition to rights and benefits otherwise provided by law.

SEC. 615. 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 as a result of the implementation of this
division and for payment of other costs associated with the
consolidation of foreign affairs agencies under this
division.
(c) Deposits.--
(1) In general.--Subject to paragraphs (2) and (3), there
shall be deposited into the account the following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by the Secretary 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 together with
the transfer of functions to the Department under this
division 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) Limitation on transfer of certain department funds.--
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 division.
(3) Limitation on transfer of unobligated funds of
department.--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 division.
(d) Transfer of Funds to Secretary.--The head of an agency
abolished under this division 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 division which funds are
not required to carry out the functions of the agency as a
result of the abolishment of the functions under this
division.
(e) Use of Funds.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), the Secretary shall use sums in
the account for payment of the costs of carrying out this
division, including costs relating to the consolidation of
functions of the Department and the termination of employees
of the Department.
(2) Limitation on use of funds.--
(A) Except as provided in subparagraph (B), the Secretary
may not use sums in the account for payment of the costs
described in paragraph (1) unless the appropriate
congressional committees are notified 15 days in advance of
such use in accordance with procedures applicable to
reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(B) Exception.--Subparagraph (A) does not apply to the
following uses of sums in the account:
(i) For payment of the cost of any severance payments
required to be paid by the Secretary to employees of the
Department, but only if the cost of such payments is less
than $10,000,000.
(ii) For transfer to the head of an agency to be abolished
under this division for payment of the cost of any severance
payments required to be paid to employees of the agency, but
only if the total amount transferred with respect to the
agency is less than $40,000,000.
(iii) For payment of the cost of any improvements of the
information management systems of the Department that are
carried out as a result of the abolishment of agencies under
this division, but only if the cost of such improvements is
less than $15,000,000.
(iv) For payment of the cost of the physical relocation of
fixtures, materials, and other resources from an agency to be
abolished under this division to the Department or of such
relocation within the Department, but only if the cost of
such relocation is less than $10,000,000.
(3) Availability without fiscal year limitation.--Funds in
the account shall be available for the payment of costs under
paragraph (1) without fiscal year limitation.
(f) Treatment of Unobligated Balances.--
(1) In general.--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 the Department and shall be available to the
Secretary for purposes of carrying out the functions of the
Department.
(2) Notification.--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 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
under subsection (f), the functions for which the funds so
transferred were expended.
(h) Termination of Authority To Use Account.--The Secretary
may not obligate funds in the account after September 30,
1999.

SEC. 616. SAVINGS PROVISIONS.

(a) Continuing Legal Force and Effect.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this division; and
(2) that are in effect at the time such title takes effect,
or were final before the effective date of such title and are
to become effective on or after the effective date of such
title,

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

SEC. 617. PROPERTY AND FACILITIES.

The Secretary shall review the property and facilities
transferred to the Department under this division to
determine whether such property and facilities are required
by the Department.

SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE
TRANSITION.

Prior to, or after, any transfer of a function under any
title of this division, the Secretary is authorized to
utilize--
(1) the services of such officers, employees, and other
personnel of an agency with respect to functions that will be
or have been transferred to the Department by any title of
this division; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.

SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CONFORMING
AMENDMENTS.

Congress urges the President, in consultation with the
Secretary and the heads of other appropriate agencies, to
develop and submit to Congress recommendations for such
additional

[[Page H1999]]

technical and conforming amendments to the laws of the United
States as may be appropriate to reflect the changes made by
this division.

SEC. 620. FINAL REPORT.

Not later than October 1, 1998, the President, in
consultation with the Secretary of the Treasury and the
Director of the Office of Management and Budget shall submit
to the appropriate congressional committees a report which
provides a final accounting of the finances and operations of
the agencies abolished under this division.

SEC. 621. TRANSFER OF FUNCTION.

Any determination as to whether a transfer of function,
carried out under this Act, constitutes a transfer of
function for purposes of subchapter I of chapter 35 of title
5, United States Code, shall be made without regard to
whether or not the function involved is identical to
functions already being performed by the receiving agency.

SEC. 622. SEVERABILITY.

If a provision of this division or its application to any
person or circumstance is held invalid, neither the remainder
of this division nor the application of the provision to
other persons or circumstances shall be affected.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS

SEC. 1001. SHORT TITLE.

This division may be cited as the ``Department of State and
Related Agencies Authorization Act, Fiscal Years 1996 and
1997''.

SEC. 1002. DEFINITIONS.

The following terms have the following meaning for the
purposes of this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee of Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES

SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.

The following amounts are authorized to be appropriated for
the Department of State under ``Administration of Foreign
Affairs'' to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of
the United States and for other purposes authorized by law,
including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'' of the Department of State,
$1,719,220,000 for the fiscal year 1996, $1,710,000,000 for
the fiscal year 1997, $1,708,800,000 for the fiscal year
1998, and $1,700,000,000 for the fiscal year 1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries and
Expenses'' of the Department of State, $365,146,000 for the
fiscal year 1996, $357,000,000 for the fiscal year 1997,
$355,000,000 for the fiscal year 1998, and $355,000,000 for
the fiscal year 1999.
(B) Limitation.--Of the amount authorized to be
appropriated by subparagraph (A), $11,900,000 for fiscal year
1997 is authorized to be appropriated for salaries and
expenses of the Bureau of Refugee and Migration Assistance.
(3) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $16,400,000 for the fiscal
year 1996 and $16,400,000 for the fiscal year 1997.
(4) Security and maintenance of united states missions.--
For ``Security and Maintenance of United States Missions'',
$385,760,000 for the fiscal year 1996 and $380,000,000 for
the fiscal year 1997.
(5) Representation allowances.--For ``Representation
Allowances'', $4,500,000 for the fiscal year 1996 and
$4,500,000 for the fiscal year 1997.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$6,000,000 for the fiscal year 1996 and $6,000,000 for the
fiscal year 1997.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $27,369,000 for the fiscal year 1996,
$27,000,000 for the fiscal year 1997, $27,000,000 for the
fiscal year 1998, and $27,000,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,165,000
for the fiscal year 1996 and $14,165,000 for the fiscal year
1997.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $8,579,000
for the fiscal year 1996 and $10,000,000 for the fiscal year
1997.
(10) Repatriation loans.--For ``Repatriation Loans'',
$776,000 for the fiscal year 1996 and $776,000 for the fiscal
year 1997, for administrative expenses.

SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND
CONFERENCES.

(a) Assessed Contributions to International
Organizations.--There are authorized to be appropriated for
``Contributions to International Organizations'',
$850,000,000 for the fiscal year 1996 and $840,000,000 for
the fiscal year 1997 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international organizations and to carry out other
authorities in law consistent with such purposes.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$445,000,000 for the fiscal year 1996 and $375,000,000 for
the fiscal year 1997 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international peacekeeping activities and to carry
out other authorities in law consistent with such purposes.
(c) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences
and Contingencies'', $3,000,000 for the fiscal year 1996 and
$3,000,000 for the fiscal year 1997 for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international conferences and
contingencies and to carry out other authorities in law
consistent with such purposes.
(d) Foreign Currency Exchange Rates.--In addition to
amounts otherwise authorized to be appropriated by
subsections (a) and (b), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1996 and 1997 to offset adverse fluctuations in
foreign currency exchange rates. Amounts appropriated under
this subsection shall be available for obligation and
expenditure only to the extent that the Director of the
Office of Management and Budget determines and certifies to
Congress that such amounts are necessary due to such
fluctuations.
(e) Limitation on United States Voluntary Contributions to
United Nations Development Program.--
(1) Of the amounts made available for fiscal years 1996 and
1997 for United States voluntary contributions to the United
Nations Development Program--
(A) not more than $51,800,000 shall be made available for
fiscal year 1996 unless, during fiscal year 1996, the
President submits to the appropriate committees of Congress
the certification described in paragraph (2), and
(B) not more than $51,800,000 shall be available for fiscal
year 1997 unless, during fiscal year 1997, the President
submits to the appropriate committees of Congress the
certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
certification by the President that all programs and
activities of the United Nations Development Program
(including United Nations Development Program--Administered
Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or private
voluntary organizations that have been deemed independent of
the State Law and Order Restoration Council (SLORC) by the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union
of Burma;
(C) provide no financial, political, or military benefit to
the SLORC; and
(D) are supported by the leadership of the National League
for Democracy and the leadership of the National Coalition
Government of the Union of Burma.

SEC. 1103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $12,058,000 for the
fiscal year 1996 and $19,372,000 for the fiscal year 1997;
and
(B) for ``Construction'' $6,644,000 for the fiscal year
1996 and $9,000,000 for the fiscal year 1997.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $640,000 for the fiscal year 1996 and
$666,000 for the fiscal year 1997.
(3) International joint commission.--For ``International
Joint Commission'', $3,360,000 for the fiscal year 1996 and
$3,195,000 for the fiscal year 1997.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,669,000 for the
fiscal year 1996 and $13,202,000 for the fiscal year 1997.

SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.

(a) Authorization of Appropriations.--
(1) Migration and refugee assistance.--
(A) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance''
for authorized activities, $590,000,000 for the fiscal year
1996 and $590,000,00 for the fiscal year 1997.
(B) Limitation.--None of the funds authorized to be
appropriated by this section for fiscal year 1997 are
authorized to be appropriated for salaries and administrative
expenses of the Bureau of Migration and Refugee Assistance.

[[Page H2000]]

(2) Refugees resettling in israel.--There are authorized to
be appropriated $80,000,000 for the fiscal year 1996 and
$80,000,000 for the fiscal year 1997 for assistance for
refugees resettling in Israel from other countries.
(3) Humanitarian assistance for displaced burmese.--There
are authorized to be appropriated $1,500,000 for the fiscal
year 1996 and $1,500,000 for the fiscal year 1997 for
humanitarian assistance, including but not limited to food,
medicine, clothing, and medical and vocational training to
persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(4) Resettlement of vietnamese, laotians, and cambodians.--
Of the amounts authorized to be appropriated for fiscal year
1996 under paragraph (1), there are authorized to be
appropriated such amounts as are necessary for the admission
and resettlement, within numerical limitations provided by
law for refugee admissions, of persons who--
(A) are or were nationals and residents of Vietnam, Laos,
or Cambodia and are or were at any time after July 1, 1995,
residents of refugee camps in Hong Kong, the Philippines,
Indonesia, Malaysia, or Thailand; and
(B)(i) are determined by a United States immigration
officer to be within a category of aliens referred to in
section 599D(b)(2)(C) of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1990
(Public Law 101-167); or
(ii) are otherwise determined by a United States
immigration officer to be refugees within the meaning of
section 101(a)(42) of the Immigration and Nationality Act.
(b) General Limitations.--None of the funds authorized to
be appropriated by subsection (a) are authorized to be
available for any program or activity that provides for,
promotes, or assists in the repatriation of any person to
Vietnam, Laos, or Cambodia, unless the President has
certified to the appropriate congressional committees that--
(1) all persons described in subsection (a)(4)(A) have been
or will be offered an interview by a United States
immigration officer in a refugee camp or elsewhere in the
host country in which such a camp is located (or, if the
government of such a country has declined a request by the
United States to permit such interviews to take place within
such country, in their country of origin) for the purpose of
determining whether they are persons described in subsection
(a)(4)(B); and
(2) all persons described in subsection (a)(4)(B) have been
or will be offered resettlement outside their countries of
nationality.
(c) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
(d) Refugee Camp Defined.--For the purposes of this
section, the term ``refugee camp'' means any place in which
people who left Vietnam, Cambodia, or Laos are housed or held
by a government or international organization, regardless of
the designation of such place by such government or
organization.
(e) Statutory Construction.--Nothing in this section may be
construed to require or permit an increase in the number of
refugee admissions for fiscal year 1996 from the numerical
limitation for refugee admissions for fiscal year 1995.

SEC. 1105. ASIA FOUNDATION.

There are authorized to be appropriated for the Department
of State $5,000,000 for the fiscal year 1996 and $10,000,000
for the fiscal year 1997 for ``Asia Foundation''.

SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS.

The following amounts are authorized to be appropriated to
carry out international information activities and
educational and cultural exchange programs under the United
States Information and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, the Board for International Broadcasting Act, the
Inspector General Act of 1978, the North/South Center Act of
1991, the National Endowment for Democracy Act, and to carry
out other authorities in law consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$445,645,000 for the fiscal year 1996, $440,000,000 for the
fiscal year 1997, $410,000,000 for the fiscal year 1998, and
$399,000,000 for the fiscal year 1999.
(2) Technology fund.--For ``Technology Fund'' for the
United States Information Agency, $5,050,000 for the fiscal
year 1996 and $5,050,000 for the fiscal year 1997.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $102,500,000 for
the fiscal year 1996 and $98,000,000 for the fiscal year
1997.
(B) Other programs.--For ``Hubert H. Humphrey Fellowship
Program'', ``Edmund S. Muskie Fellowship Program'',
``International Visitors Program'', ``Mike Mansfield
Fellowship Program'', ``Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation'', ``Citizen
Exchange Programs'', ``Congress-Bundestag Exchange Program'',
``Newly Independent States and Eastern Europe Training'',
``Institute for Representative Government'', ``Arts
America'', ``South Pacific Exchanges'', ``East Timorese
Scholarships'', ``Cambodian Scholarships'', and ``Educational
and Cultural Exchanges with Tibet'', $97,500,000 for the
fiscal year 1996 and $85,000,000 for the fiscal year 1997.
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For ``International
Broadcasting Activities'', $325,191,000 for the fiscal year
1996, $330,000,000 for the fiscal year 1997, $320,000,000 for
the fiscal year 1998, and $315,000,000 for the fiscal year
1999.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the
United States Information Agency and the Board of
Broadcasting Governors shall seek to ensure that the amounts
made available for broadcasting to nations whose people do
not fully enjoy freedom of expression do not decline in
proportion to the amounts made available for broadcasting to
other nations.
(5) Radio construction.--For ``Radio Construction'',
$40,000,000 for the fiscal year 1996, and $35,000,000 for the
fiscal year 1997.
(6) Radio free asia.--For ``Radio Free Asia'', $10,000,000
for the fiscal year 1996 and $10,000,000 for the fiscal year
1997.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$24,809,000 for the fiscal year 1996 and $24,809,000 for the
fiscal year 1997.
(8) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $11,750,000 for the
fiscal year 1996 and $11,750,000 for the fiscal year 1997.
(9) National endowment for democracy.--
(A) Authorization of appropriations.--For ``National
Endowment for Democracy'', $32,000,000 for the fiscal year
1996 and $30,000,000 for the fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A) for each fiscal year, not
more than 55 percent shall be available only for the
following organizations, in equal allotments:
(i) The International Republican Institute (IRI).
(ii) The National Democratic Institute (NDI).
(iii) The Free Trade Union Institute (FTUI).
(iv) The Center for International Private Enterprise
(CIPE).
(10) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' $2,000,000 for the
fiscal year 1996 and $3,000,000 for the fiscal year 1997.

SEC. 1107. UNITED STATES ARMS CONTROL AND DISARMAMENT.

There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act--
(1) $35,700,000 for the fiscal year 1996, $30,000,000 for
the fiscal year 1997, $28,000,000 for the fiscal year 1998,
and $25,000,000 for the fiscal year 1999; and
(2) such sums as may be necessary for each of the fiscal
years 1996 and 1997 for increases in salary, pay, retirement,
other employee benefits authorized by law, and to offset
adverse fluctuations in foreign currency exchange rates.

SEC. 1108. ADMINISTRATION OF FOREIGN ASSISTANCE.

(a) Operating Expenses Generally.--Section 667(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2427(a)(1)) is
amended to read as follows:
``(1) $465,000,000 for each of the fiscal years 1996 and
1997, $445,000,000 for fiscal year 1998, and $435,000,000 for
fiscal year 1999 for necessary operating expenses of the
agency primarily responsible for administering part I of this
Act (other than the office of the inspector general of such
agency); and''.
(b) Operating Expenses of the Office of the Inspector
General of AID.--Section 667(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2427(a)) is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``and'' at the end of paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) $30,200,000 for fiscal year 1996, $27,000,000 for
fiscal year 1997, $25,000,000 for fiscal year 1998, and
$19,000,000 for fiscal year 1999 for necessary operating
expenses of the office of the inspector general of such
agency; and''.

SEC. 1109. NARCOTICS CONTROL ASSISTANCE.

(a) In General.--There are authorized to be appropriated
$115,000,000 for fiscal year 1996 and $213,000,000 for fiscal
year 1997 to carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291 et seq.).
(b) Availability of Amounts.--Amounts authorized to be
appropriated under subsection (a) are authorized to remain
available until expended.

SEC. 1110. PEACE CORPS.

Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is
amended to read as follows:
``(b)(1) There are authorized to be appropriated to carry
out the purposes of this Act $210,000,000 for fiscal year
1996 and $234,000,000 for fiscal year 1997.
``(2) Amounts authorized to be appropriated under paragraph
(1)--
``(A) with respect to fiscal year 1996 are authorized to
remain available until September 30, 1997; and
``(B) with respect to fiscal year 1997 are authorized to
remain available until September 30, 1998.''.

SEC. 1111. HOUSING GUARANTEE PROGRAM.

(a) Authorization of Appropriations for Administrative
Expenses.--
(1) In general.--(A) Subject to subparagraph (B), there are
authorized to be appropriated $7,000,000 for fiscal year 1996
and $6,000,000 for fiscal year 1997 for administrative
expenses to carry out guaranteed loan programs under sections
221 and 222 of the Foreign Assistance Act of 1961 (22 U.S.C.
2181 and 2182).
(B) Amounts authorized to be appropriated under
subparagraph (A) may be made available only for--

[[Page H2001]]

(i) administrative expenses incurred with respect to
guaranties issued before the date of the enactment of this
Act; or
(ii) expenses incurred with respect to activities related
to the collection of amounts paid by the United States in the
discharge of liabilities under guaranties issued under
section 222 of the Foreign Assistance Act of 1961 (22 U.S.C.
2182).
(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.
(b) Additional Requirements.--
(1) Expiration of authority.--Section 222(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended by
striking the third sentence and inserting the following: ``No
guaranties may be issued under this section on or after the
date of the enactment of the Foreign Relations Authorization
Act, Fiscal Years 1996 and 1997.''.
(2) Cancellation of certain existing guaranties.--Section
222 of such Act (22 U.S.C. 2182) is amended--
(A) by redesignating subsection (k) as subsection (d); and
(B) by adding at the end the following new subsection:
``(e) The President shall cancel all guaranties issued
under this section with respect to which eligible investors
have not (before the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 1996 and 1997)
applied such guaranties to loans for projects under this
title. The provisions of this subsection shall not apply to
guaranties which have been issued for the benefit of the
Republic of South Africa.''.
(3) Prohibition on assistance for entities in default and
certain other entities.--Section 620 of such Act (22 U.S.C.
2370) is amended by inserting after subsection (u) the
following new subsection:
``(v)(1) Subject to paragraph (2), no assistance shall be
furnished under this Act to any entity that--
``(A) fails to make timely payments on loans with respect
to which guaranties have been issued under title III of
chapter 2 of part I of this Act (relating to housing and
other credit guaranty programs); or
``(B) causes amounts (including amounts for administrative
expenses) to be paid by the United States in the discharge of
liabilities under guaranties issued under such title, unless
such entity has reimbursed the United States for such
amounts.
``(2) The President may waive the prohibition in paragraph
(1) with respect to an entity if the President determines
that it is in the national interest of the United States to
furnish assistance under this Act to such entity.''.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

CHAPTER 1--AUTHORITIES AND ACTIVITIES

SEC. 1201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

(a) In General.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read
as follows:

``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

``(a) Establishment.--(1) There is established a program
for the payment of rewards to carry out the purposes of this
section.
``(2) The rewards program established by this section shall
be administered by the Secretary of State, in consultation,
where appropriate, with the Attorney General.
``(b) Purpose.--(1) The rewards program established by this
section shall be designed to assist in the prevention of acts
of international terrorism, international narcotics
trafficking, and other related criminal acts.
``(2) At the sole discretion of the Secretary of State and
in consultation, as appropriate, with the Attorney General,
the Secretary of State may pay a reward to any individual who
furnishes information leading to--
``(A) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(B) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or
United States property;
``(C) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related
offense if that offense involves or is a significant part of
conduct that involves--
``(i) a violation of United States narcotics laws and which
is such that the individual would be a major violator of such
laws;
``(ii) the killing or kidnapping of--
``(I) any officer, employee, or contract employee of the
United States Government while such individual is engaged in
official duties, or on account of that individual's official
duties, in connection with the enforcement of United States
narcotics laws or the implementing of United States narcotics
control objectives; or
``(II) a member of the immediate family of any such
individual on account of that individual's official duties in
connection with the enforcement of United States narcotics
laws or the implementing of United States narcotics control
objectives; or
``(iii) an attempt or conspiracy to commit any of the acts
described in clause (i) or (ii);
``(D) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act
described in subparagraphs (A) through (C); or
``(E) the prevention, frustration, or favorable resolution
of an act described in subparagraphs (A) through (C).
``(c) Coordination.--(1) To ensure that the payment of
rewards pursuant to this section does not duplicate or
interfere with the payment of informants or the obtaining of
evidence or information, as authorized to the Department of
Justice, the offering, administration, and payment of rewards
under this section, including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) offering of joint rewards with foreign governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Before making a reward under this section in a matter
over which there is Federal criminal jurisdiction, the
Secretary of State shall advise and consult with the Attorney
General.
``(d) Funding.--(1) There are authorized to be appropriated
to the Department of State from time to time such amounts as
may be necessary to carry out the purposes of this section,
notwithstanding section 102 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93).
``(2) No amount of funds may be appropriated which, when
added to the amounts previously appropriated but not yet
obligated, would cause such amounts to exceed $15,000,000.
``(3) To the maximum extent practicable, funds made
available to carry out this section should be distributed
equally for the purpose of preventing acts of international
terrorism and for the purpose of preventing international
narcotics trafficking.
``(4) Amounts appropriated to carry out the purposes of
this section shall remain available until expended.
``(e) Limitation and Certification.--(1) A reward under
this section may not exceed $2,000,000.
``(2) A reward under this section of more than $100,000 may
not be made without the approval of the President or the
Secretary of State.
``(3) Any reward granted under this section shall be
approved and certified for payment by the Secretary of State.
``(4) The authority of paragraph (2) may not be delegated
to any other officer or employee of the United States
Government.
``(5) If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipient's
immediate family must be protected, the Secretary may take
such measures in connection with the payment of the reward as
he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any
governmental entity who, while in the performance of his or
her official duties, furnishes information described in
subsection (b) shall not be eligible for a reward under this
section.
``(g) Reports.--(1) Not later than 30 days after the
payment of any reward under this section, the Secretary of
State shall submit a report to the appropriate congressional
committees with respect to such reward. The report, which may
be submitted on a classified basis if necessary, shall
specify the amount of the reward paid, to whom the reward was
paid, and the acts with respect to which the reward was paid.
The report shall also discuss the significance of the
information for which the reward was paid in dealing with
those acts.
``(2) Not later than 60 days after the end of each fiscal
year, the Secretary of State shall submit an annual report to
the appropriate congressional committees with respect to the
operation of the rewards program authorized by this section.
Such report shall provide information on the total amounts
expended during such fiscal year to carry out the purposes of
this section, including amounts spent to publicize the
availability of rewards. Such report shall also include
information on all requests for the payment of rewards under
this section, including the reasons for the denial of any
such requests.
``(h) Definitions.--As used in this section--
``(1) the term `appropriate congressional committees' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
``(2) the term `act of international terrorism' includes,
but is not limited to--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
section 830(8) of the Nuclear Proliferation Prevention Act of
1994) or any nuclear explosive device (as defined in section
830(4) of that Act) by an individual, group, or non-nuclear
weapon state (as defined in section 830(5) of that Act); and
``(B) any act, as determined by the Secretary of State,
which materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary instruments by
an individual, group, or country supporting international
terrorism as determined for purposes of section 6(j) of the
Export Administration Act of 1979;
``(3) the term `United States narcotics laws' means the
laws of the United States for the prevention and control of
illicit traffic in controlled substances (as such term is
defined for purposes of the Controlled Substances Act); and
``(4) the term `member of the immediate family' includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person to whom the individual stands in loco
parentis; and
``(C) any other person living in the individual's household
and related to the individual by blood or marriage.
``(i) Judicial Review.--A determination made by the
Secretary of State as to whether to authorize a reward under
this section or as to the

[[Page H2002]]

amount of a reward shall not be subject to judicial
review.''.
(b) Sense of Congress.--It is the sense of the Congress
that the Secretary of State should pursue additional means of
funding the program established by section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708),
including the authority to seize and dispose of assets used
in the commission of any offense under sections 1028, 1541
through 1544, and 1546 of title 18, United States Code, and
to retain the proceeds derived from the disposition of such
assets; to participate in asset sharing programs conducted by
the Department of Justice; and to retain earnings accruing on
all assets of foreign countries blocked by the President
pursuant to the International Emergency Powers Act (50 U.S.C.
1701 and following) to carry out the purposes of section 36
of the State Department Basic Authorities Act of 1956.

SEC. 1202. BUYING POWER MAINTENANCE ACCOUNT.

Section 24(b)(7) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by striking
subparagraph (D).

SEC. 1203. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.

(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act, 1937 (49 Stat. 1321, 22 U.S.C. 2661, as
amended by section 142(b) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204)) is amended in the fifth undesignated paragraph
under the heading entitled ``international fisheries
commission'' by striking ``extraordinary''.
(b) Procurement of Services.--Section 38(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c))
is amended in the first sentence by inserting ``personal
and'' before ``other support services''.

SEC. 1204. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS
SUBJECT TO STATE ARREST WARRANTS IN CASES OF
NONPAYMENT OF CHILD SUPPORT.

The Secretary of State is authorized to refuse to issue a
passport or to revoke, restrict, or limit a passport in any
case in which the Secretary of State determines or is
informed by competent authority that the applicant or
passport holder is a noncustodial parent who is the subject
of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less
than $10,000.

SEC. 1205. TRAINING.

Section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021) is amended--
(1) by redesignating subsection (d)(4) as subsection (g);
and
(2) by inserting after subsection (d) the following new
subsections:
``(e)(1) The Secretary of State is authorized to provide
appropriate training through the institution to employees of
any United States company engaged in business abroad, and to
the families of such employees, when such training is in the
national interest of the United States.
``(2) In the case of any company under contract to provide
services to the Department of State, the Secretary of State
is authorized to provide job-related training to any company
employee who is performing such services.
``(3) Training under this subsection shall be on a
reimbursable or advance-of-funds basis. Such reimbursements
or advances shall be credited to the currently applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and
of other agencies in the field of foreign relations.
``(f)(1) The Secretary of State is authorized to provide on
a reimbursable basis foreign language training programs to
Members of Congress and officers and employees of Congress.
``(2) Reimbursements under this subsection, to the extent
practicable, should be equivalent to the rate of
reimbursement charged other agencies of the United States
Government for comparable training.
``(3) Reimbursements collected under this subsection shall
be credited to the currently available applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and
of other agencies in the field of foreign relations.''.

SEC. 1206. CAPITAL INVESTMENT FUND.

Section 135 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and upgrade'' after
``procurement'';
(2) in subsection (c), by striking ``are authorized to''
and inserting ``shall'';
(3) in subsection (d), by striking all that follows
``available'' and inserting ``for the purposes of subsection
(a).''; and
(4) in subsection (e), by striking all that follows ``(22
U.S.C. 2710)'' before the period at the end.

SEC. 1207. LEASE-PURCHASE OF OVERSEAS PROPERTY.

(a) Authority for Lease-Purchase.--Subject to subsections
(b) and (c), the Secretary is authorized to acquire by lease-
purchase such properties as are described in subsection (b),
if--
(1) the Secretary of State, and
(2) the Director of the Office of Management and Budget,

certify and notify the appropriate committees of Congress
that the lease-purchase arrangement will result in a net cost
savings to the Federal Government when compared to a lease, a
direct purchase, or direct construction of comparable
property.
(b) Locations and Limitations.--The authority granted in
subsection (a) may be exercised only--
(1) to acquire appropriate housing for Department of State
personnel stationed abroad and for the acquisition of other
facilities, in locations in which the United States has a
diplomatic mission; and
(2) during fiscal years 1996 and 1997.
(c) Authorization of Funding.--Funds for lease-purchase
arrangements made pursuant to subsection (a) shall be
available from amounts appropriated under the authority of
section 1101(4) (relating to the ``Security and Maintenance
of United States Missions'' account). Such funds shall be
available only to such extent or in such amounts as are
provided in advance in an appropriation Act.

SEC. 1208. FEES FOR COMMERCIAL SERVICES.

Section 52 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2724) is amended in subsection (b) by adding
at the end the following: ``Such fees shall remain available
for obligation until expended. Deposited funds may be
obligated and expended only in such amounts as are provided
in advance in an appropriation Act.''.

SEC. 1209. REDUCTION OF REPORTING REQUIREMENTS.

Section 488(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291g) is amended by striking ``quarter of the''.

SEC. 1210. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:

``SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

``The Secretary of State is authorized to charge a fee for
use of the Department of State diplomatic reception rooms.
Fees collected under the authority of this section shall be
deposited as an offsetting collection to any Department of
State appropriation to recover the costs of such use and
shall remain available for obligation until expended. Amounts
deposited may be obligated and expended only to the extent
and in such amounts as are provided in advance in an
appropriation Act.''.

SEC. 1211. INTERNATIONAL CENTER RESERVE FUNDS.

Section 5 of the International Center Act (Public Law 90-
533) is amended by inserting before the last sentence the
following: ``Amounts in the reserve may be deposited in
interest bearing accounts, and the Secretary may retain for
the purposes of the reserve any interest earned on such
deposits without returning such interest to the Treasury of
the United States.''.

SEC. 1212. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN
ENVIRONMENTAL, SCIENTIFIC, CULTURAL, AND
RELATED AREAS.

In order to promote the maximum benefits from continued
participation in international agreements in effect as of the
date of enactment of this Act for cooperation in
environmental, scientific, cultural, and related areas,
appropriated funds that have been made available in fiscal
year 1995 and prior fiscal years under the Department of
State's program of international environmental, scientific,
and cultural cooperation to joint funds or accounts under
such agreements may, to the extent specified within the
agreement, be deposited in interest bearing accounts prior to
disbursement of such funds for the purposes of the program.
Interest earned may be retained for use under such agreements
for program or administrative purposes, without returning
such interest to the Treasury of the United States. Such
retained interest amounts shall be available for obligation
and expenditure only to such extent and in such amounts as
are provided in advance in appropriation Acts.

SEC. 1213. EFFICIENCY IN PROCUREMENT.

(a) In General.--To the maximum extent practicable, United
States Government agencies performing functions at diplomatic
and consular posts abroad shall avoid duplicative acquisition
actions.
(b) Authority.--Notwithstanding any other provision of law,
a contract awarded in accordance with the Competition in
Contracting Act by an agency of the United States Government
performing functions at diplomatic and consular posts abroad
may be amended without competition to permit other such
United States Government agencies to obtain goods or services
under such contract, if unit prices are not increased as a
result of any such amendment.

SEC. 1214. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE
RELATIONS WITH VIETNAM.

None of the funds authorized to be appropriated or
otherwise made available by this Act may be obligated or
expended to pay for any cost incurred for (1) opening or
operating any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was not operating on
July 11, 1995; (2) expanding any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was
operating on July 11, 1995; or (3) increasing the total
number of personnel assigned to United States diplomatic or
consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless not less than 60
days prior to any such obligation or expenditure the
President certifies to the Congress that based upon all
information available to the United States Government that
the Government of the Socialist Republic of Vietnam is fully
cooperating with the United States in the following 4 areas:
(A) Resolving discrepancy cases, live sightings, and field
activities.
(B) Recovering and repatriating American remains.
(C) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MIA's.

[[Page H2003]]

(D) Providing further assistance in implementing trilateral
investigations with Laos.

SEC. 1215. DIPLOMATIC TELECOMMUNICATIONS SERVICE.

Section 507 of the Department of State and Related Agencies
Appropriations Act, 1995 (Public Law 103-317) is amended in
subsections (a) and (b) by striking ``and each succeeding
fiscal year'' each place it appears.

CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

SEC. 1231. FEES FOR MACHINE READABLE VISAS.

Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more than
$150,000,000 in fees collected under the authority of
paragraph (1) for each fiscal year shall be deposited as an
offsetting collection to any Department of State
appropriation to recover the costs of the Department of
State's border security program, including the costs of--
``(A) installation and operation of the machine readable
visa and automated name-check process;
``(B) improving the quality and security of the United
States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A) through
(C).

Such fees shall remain available for obligation until
expended.
``(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount specified
for such fiscal year under paragraph (2) shall be deposited
in the general fund of the Treasury as miscellaneous
receipts.''; and
(2) by striking paragraph (5).

SEC. 1232. FINGERPRINT CHECK REQUIREMENT.

Section 140(e)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C.
1182 note) as amended by section 505 of the Department of
State and Related Agencies Appropriation Act, Fiscal Year
1995 (Public Law 103-317) is amended to read as follows:
``(1) The Secretary of State shall in the 10 countries with
the highest volume of immigrant visa issuance for the most
recent fiscal year for which data are available require
applicants for immigrant visas to provide a fingerprint
record for submission with the application, at no cost to the
Department of State, if such an applicant--
``(A) has been determined to have a criminal history record
under subsection (d)(1);
``(B) has been physically present in the United States; and
``(C) is more than 16 years of age.

The Department of State shall submit such fingerprint records
to the Federal Bureau of Investigation for analysis to
determine whether the applicant has been convicted of a
felony under State or Federal law in the United States.''.

SEC. 1233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR
ENHANCED PASSPORT SERVICES.

For each of the fiscal years 1996 and 1997, of the fees
collected for expedited passport processing and deposited to
an offsetting collection pursuant to the Department of State
and Related Agencies Appropriations Act for Fiscal Year 1995
(Public Law 103-317; 22 U.S.C. 214), 10 percent shall be
available only for enhancing passport services for United
States citizens, improving the integrity and efficiency of
the passport issuance process, improving the secure nature of
the United States passport, investigating passport fraud, and
preventing entry into the United States by terrorists, drug
traffickers, or other criminals.

SEC. 1234. CONSULAR OFFICERS.

(a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding
at the end the following: ``For purposes of this paragraph, a
consular officer shall include any United States citizen
employee of the Department of State designated by the
Secretary of State to adjudicate nationality abroad pursuant
to such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 31
of the Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C.
4191), is amended by inserting after ``such officers'' the
following: ``and to such other United States citizen
employees of the Department of State as may be designated by
the Secretary of State pursuant to such regulations as the
Secretary may prescribe''.
(c) Persons Authorized To Authenticate Foreign Documents.--
Section 3492(c) of title 18 of the United States Code is
amended by adding at the end the following: ``For purposes of
this section and sections 3493 through 3496 of this title, a
consular officer shall include any United States citizen
employee of the Department of State designated to perform
notarial functions pursuant to section 24 of the Act of
August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of
title 35 of the United States Code is amended by adding at
the end the following: ``For purposes of this section, a
consular officer shall include any United States citizen
employee of the Department of State designated to perform
notarial functions pursuant to section 24 of the Act of
August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is
amended by adding at the end the following new sentence: ``As
used in title III, the term ``consular officer'' includes any
United States citizen employee of the Department of State
designated by the Secretary of State to adjudicate
nationality abroad pursuant to such regulations as the
Secretary may prescribe.''.

SEC. 1235. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

The Secretary of State may establish a fee to be paid by
each alien who applies for an immigrant visa on the basis of
an approved petition filed under section 204(a)(1)(G) of the
Immigration and Nationality Act. Such fee may be set at a
level so as to recover the full cost to the Department of
State of administering subsection (c) of section 203 of the
Immigration and Nationality Act, including the cost of
processing all petitions thereunder. All such fees collected
shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
for obligation until expended. The provisions of the Act of
August 18, 1856 (Rev. Stat. 1726-28; 22 U.S.C. 4212-14),
concerning accounting for consular fees, shall not apply to
fees collected pursuant to this section. Amounts deposited
shall be available for obligation and expenditure only in
such amounts as are provided in advance in appropriation
Acts.

SEC. 1236. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.

Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22
U.S.C. 214) is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of
State may by regulation authorize State officials or the
United States Postal Service to collect and retain the
execution fee for each application for a passport accepted by
such officials or by that Service''; and
(2) striking the second sentence.

SEC. 1237. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP IN
A TERRORIST ORGANIZATION.

Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i)(I);
(2) by inserting ``or'' at the end of clause (i)(II);
(3) by inserting after clause (i)(II) the following new
subclause:

``(III) is a member of a terrorist organization or who
actively supports or advocates terrorist activity,''; and

(4) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As used in this
subparagraph, the term `terrorist organization' means an
organization that engages in, or has engaged in, terrorist
activity as determined by the Attorney General, in
consultation with the Secretary of State.''.

SEC. 1238. TERRORIST LOOKOUT COMMITTEES.

(a) Establishment.--
(1) Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall establish within each
United States Embassy a Terrorist Lookout Committee, which
shall include the head of the political section and senior
representatives of all United States law enforcement agencies
and all elements of the intelligence community under the
authority of the chief of mission.
(2) Each Committee shall be chaired by the respective
deputy chief of mission, with the head of the consular
section as vice chair.
(b) Meetings.--Each Terrorist Lookout Committee established
under subsection (a) shall meet at least monthly and shall
maintain records of its meetings. Upon the completion of each
meeting, each Committee shall report to the Department of
State all names submitted for inclusion in the visa lookout
system.
(c) Reports.--
(1) The Secretary of State shall submit a report to the
appropriate congressional committees within 90 days after the
date of the enactment of this Act on the status of
establishing Terrorist Lookout Committees under this section
and evaluating interagency cooperation in the process.
(2) Not later than April 1, 1997, the Secretary of State
shall submit a follow-up report to the appropriate
congressional committees detailing progress on submitting
names for inclusion in the visa lookout system and evaluating
cooperation among agencies and embassy sections in
maintaining lists of such names.

SEC. 1239. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE
UNITED STATES.

(a) In General.--Section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by
this Act, is further amended--
(1) by striking ``or'' at the end of clause (i)(II);
(2) in clause (i)(III) by inserting ``or'' at the end; and
(3) by inserting after clause (i)(III) the following new
subclause:

``(IV) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorism,
engaged in targeted racial vilification, or advocated the
overthrow of the United States Government or death or serious
bodily harm to any United States citizen or United States
Government official,''.

(b) Effective Date.--The amendments made by subsection (a)
shall apply to aliens seeking to enter the United States on
or after the date of enactment of this Act.

CHAPTER 3--REFUGEES AND MIGRATION

SEC. 1251. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION
POLICIES.

Beginning 3 months after the date of the enactment of this
Act and every subsequent 6 months, the President shall submit
a report to

[[Page H2004]]

the appropriate congressional committees concerning the
methods employed by the Government of Cuba to enforce the
United States-Cuba agreement of September 1994 to restrict
the emigration of the Cuban people from Cuba to the United
States, and the treatment by the Government of Cuba of
persons who have been returned to Cuba pursuant to the United
States-Cuba agreement of May 1995. Each report transmitted
pursuant to this section shall include a detailed account of
United States efforts to monitor such enforcement and
treatment.

SEC. 1252. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.

SEC. 1253. UNITED STATES POLICY REGARDING THE INVOLUNTARY
RETURN OF REFUGEES.

(a) In General.--No funds authorized to be appropriated by
section 1104 of this Act or by section 2(c) of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall
be available to effect the involuntary return of any person
to a country in which the person has a well founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political
opinion.
(b) Involuntary Return Defined.--As used in this section,
the term ``effect the involuntary return'' means to take
action by which it is reasonably foreseeable that a person
will be required to return to a country against the person's
will, regardless of whether such return is induced by
physical force and regardless of whether the person is
physically present in the United States.

SEC. 1254. REPORT ON IRAQI REFUGEES.

(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
describing in detail the procedures for determining
eligibility for resettlement of Iraqi nationals from Saudi
Arabia and Turkey to the United States.
(b) Report.--The report under subsection (a) shall include
the following:
(1) The history of the United States resettlement program
for Iraqi refugees, including the number of such refugees
resettled in the United States and in other countries during
each year since fiscal year 1991, as well as activities of
the United States Government, other governments, and
international organizations with respect to temporary
protection for Iraqi refugees in Saudi Arabia, Turkey, and
other countries.
(2) An evaluation and explanation of the continuing need
for the program, including an evaluation of the prospects for
future resettlement of Iraqi refugees in countries other than
the United States and the impact of United States activities
on resettlement commitments by such countries and on the
actions of countries providing temporary protection.
(3) A detailed analysis of the basis for claims of
persecution of Iraqi refugees approved for resettlement in
the United States.
(4) A detailed description and evaluation of procedures
employed by United States personnel to ensure the denial of
fraudulent applications and the application of all grounds of
exclusion provided by United States law.
(5) A detailed description of the acculturation program for
Iraqi refugees selected for admission to the United States,
with particular reference to any differences between this
program and similar programs for other refugees, and an
evaluation of the continuing need for such program and for
improvements therein.

SEC. 1255. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.

Section 101(a)(42) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(42)) is amended by adding at the end the
following: ``For purposes of determinations under this Act, a
person who has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted for
failure or refusal to undergo such a procedure or for other
resistance to a coercive population control program, shall be
deemed to have been persecuted on account of political
opinion, and a person who has a well founded fear that he or
she will be forced to undergo such a procedure or subjected
to persecution for such failure, refusal, or resistance shall
be deemed to have a well founded fear of persecution on
account of political opinion.''.

SEC. 1256. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE.

(a) In General.--No funds authorized to be appropriated by
this Act, or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), shall be
available to expel, extradite, or otherwise effect the
involuntary return of any person to a country in which there
are substantial grounds for believing the person would be in
danger of being subjected to torture.
(b) Definitions.--
(1) In general.--Except as otherwise provided, terms used
in this section have the meanings assigned under the United
Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations and provisos
contained in the United States resolution of advice and
consent to ratification to such Convention.
(2) Involuntary return.--As used in this section, the term
``effect the involuntary return'' means to take action by
which it is reasonably foreseeable that a person will be
required to return to a country against the person's will,
regardless of whether such return is induced by physical
force and regardless of whether the person is physically
present in the United States.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE

CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.

(a) Establishment.--Section 1(f) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(f)) (as
amended by section 213 of this Act) is amended--
(1) by striking ``In'' and inserting the following:
``(1) In''; and
(2) by inserting at the end the following:
``(2) Coordinator for counterterrorism.--
``(A) There shall be within the office of the Secretary of
State a Coordinator for Counterterrorism (hereafter in this
paragraph referred to as the `Coordinator') who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(B)(i) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall
prescribe.
``(ii) The principal duty of the Coordinator shall be the
overall supervision (including policy oversight of resources)
of international counterterrorism activities. The Coordinator
shall be the principal advisor to the Secretary of State on
international counterterrorism matters. The Coordinator shall
be the principal counterterrorism official within the senior
management of the Department of State and shall report
directly to the Secretary of State.
``(C) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5314 of
title 5, United States Code, or, if the Coordinator is
appointed from the Foreign Service, the annual rate of pay
which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Technical and Conforming Amendments.--Section 161 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended by striking
subsection (e).
(c) Transition Provision.--The individual serving as
Coordinator for Counterterrorism of the Department of State
on the day before the effective date of this division may
continue to serve in that position.

SEC. 1302. AUTHORITY OF UNITED STATES PERMANENT
REPRESENTATIVE TO THE UNITED NATIONS.

Section 2(a) of the United Nations Participation Act of
1945 (22 U.S.C. 287(a)) is amended by striking ``hold office
at the pleasure of the President'' and inserting ``serve at
the pleasure of the President and subject to the direction of
the Secretary of State''.

SEC. 1303. SPECIAL ENVOY FOR TIBET.

(a) United States Special Envoy for Tibet.--The President
should appoint within the Department of State a United States
Special Envoy for Tibet, who shall hold office at the
pleasure of the President.
(b) Rank.--A United States Special Envoy for Tibet
appointed under subsection (a) shall have the personal rank
of ambassador and shall be appointed by and with the advice
and consent of the Senate.
(c) Special Functions.--The United States Special Envoy for
Tibet should be authorized and encouraged--
(1) to promote substantive negotiations between the Dalai
Lama or his representatives and senior members of the
Government of the People's Republic of China;
(2) to promote good relations between the Dalai Lama and
his representatives and the United States Government,
including meeting with members or representatives of the
Tibetan government-in-exile; and
(3) to travel regularly throughout Tibet and Tibetan
refugee settlements.
(d) Duties and Responsibilities.--The United States Special
Envoy for Tibet should--
(1) consult with the Congress on policies relevant to Tibet
and the future and welfare of all Tibetan people;
(2) coordinate United States Government policies, programs,
and projects concerning Tibet; and
(3) report to the Secretary of State regarding the matters
described in section 536(a)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236).

SEC. 1304. RESPONSIBILITIES OF BUREAU CHARGED WITH MIGRATION
AND REFUGEE ASSISTANCE.

The Bureau of Migration and Refugee Assistance shall be the
bureau within the Department of State with principal
responsibility for assisting the Secretary in carrying out
the Migration and Refugee Assistance Act of 1962 and shall
not be charged with responsibility for assisting the
Secretary in matters relating to family planning or
population policy.

SEC. 1305. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN
POSITIONS OF THE DEPARTMENT OF STATE.

(a) Assistant Secretary of State for South Asian Affairs.--
Section 122 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.
(b) Deputy Assistant Secretary of State for
Burdensharing.--Section 161 of the Foreign Relations
Authorization Act, Fiscal Years

[[Page H2005]]

1994 and 1995 (22 U.S.C. 2651a note) is amended by striking
subsection (f).
(c) Assistant Secretary for Oceans and International
Environmental and Scientific Affairs.--Section 9 of the
Department of State Appropriations Authorization Act of 1973
(22 U.S.C. 2655a) is repealed.

SEC. 1306. MANAGEMENT OF THE HUMAN RESOURCES OF THE
DEPARTMENT OF STATE.

(a) Position.--Either the head or next most senior person
of the bureau or office within the Department of State with
principal responsibility for management of human resources
and personnel policies of the Department shall have
substantial professional qualifications in the field of human
resource policy and management.
(b) Definition.--For purposes of this section, the term
``substantial professional qualifications in the field of
human resources policy and management'' means in excess of 15
years experience as a human resources management professional
of which at least 5 years shall have been gained in the
private sector or in government service outside the Foreign
Service.

CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

SEC. 1351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

(a) End Fiscal Year 1996 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1996--
(1) for the Department of State, shall not exceed 9,000, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 1,150, of whom not more than 160 shall be members of
the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,800, of whom not more than 225 shall be members of
the Senior Foreign Service.
(b) End Fiscal Year 1997 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1997--
(1) for the Department of State, shall not exceed 8,800, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, not to exceed
1,100 of whom not more than 160 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,775 of whom not more than 225 shall be members of
the Senior Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning
of such term under section 103 of the Foreign Service Act of
1980 (22 U.S.C 3903), except that such term does not
include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary
separation in cases in which such separation has been
suspended pursuant to section 1106(8) of the Foreign Service
Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the
President may waive any limitation under subsection (a) or
(b) to the extent that such waiver is necessary to carry on
the foreign affairs functions of the United States.
(2) Not less than 15 days before the President exercises a
waiver under paragraph (1), such agency head shall notify the
Chairman of the Committee on Foreign Relations of the Senate
and the Chairman of the Committee on International Relations
of the House of Representatives of the President's intention
to exercise the waiver authority. Such notice shall include
an explanation of the circumstances and necessity for such
waiver.

SEC. 1352. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER
UNITED STATES CHIEFS OF MISSION.

Section 207(d)(1) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) in subparagraph (C), by inserting ``or'' after ``title
3,''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) serves in the position of chief of mission (as
defined in section 102(3) of the Foreign Service Act of
1980),''.

SEC. 1353. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

Section 1017(e)(2) of the Foreign Service Act of 1980 (22
U.S.C. 4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and
paragraph (1)(B), the term `management official' does not
include chiefs of mission, principal officers or their
deputies, administrative and personnel officers abroad, or
individuals described in section 1002(12) (B), (C), and (D)
who are not involved in the administration of this chapter or
in the formulation of the personnel policies and programs of
the Department.''.

SEC. 1354. NONOVERTIME DIFFERENTIAL PAY.

Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized
as the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship
as the day with respect to which additional pay is authorized
by the preceding sentence.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United
States in areas where Sunday is a routine workday and another
day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the
officially recognized day of rest and worship as the day with
respect to which additional pay is authorized by the
preceding sentence.''.

SEC. 1355. RECOVERY OF COSTS OF HEALTH CARE SERVICES.

(a) Authorities.--Section 904 of the Foreign Service Act of
1980 (22 U.S.C. 4084) is amended--
(1) in subsection (a)--
(A) by striking ``and'' before ``members of the families of
such members and employees''; and
(B) by inserting immediately before the period ``, and for
care provided abroad) such other persons as are designated by
the Secretary of State, except that such persons shall be
considered persons other than covered beneficiaries for
purposes of subsections (g) and (h)'';
(2) in subsection (d), by inserting ``, subject to the
provisions of subsections (g) and (h)'' after ``treatment'';
and
(3) by adding the following new subsections:
``(g)(1) In the case of a person who is a covered
beneficiary, the Secretary of State is authorized to collect
from a third-party payer the reasonable costs incurred by the
Department of State on behalf of such person for health care
services to the same extent that the covered beneficiary
would be eligible to receive reimbursement or indemnification
from the third-party payer for such costs.
``(2) If the insurance policy, plan, contract, or similar
agreement of that third-party payer includes a requirement
for a deductible or copayment by the beneficiary of the plan,
then the Secretary of State may collect from the third-party
payer only the reasonable costs of the care provided less the
deductible or copayment amount.
``(3) A covered beneficiary shall not be required to pay
any deductible or copayment for health care services under
this subsection.
``(4) No provision of any insurance, medical service, or
health plan contract or agreement having the effect of
excluding from coverage or limiting payment of charges for
care in the following circumstances shall operate to prevent
collection by the Secretary of State under paragraph (1)
for--
``(A) care provided directly or indirectly by a
governmental entity;
``(B) care provided to an individual who has not paid a
required deductible or copayment; or
``(C) care provided by a provider with which the third-
party payer has no participation agreement.
``(5) No law of any State, or of any political subdivision
of a State, and no provision of any contract or agreement
shall operate to prevent or hinder recovery or collection by
the United States under this section.
``(6) As to the authority provided in paragraph (1) of this
subsection--
``(A) the United States shall be subrogated to any right or
claim that the covered beneficiary may have against a third-
party payer;
``(B) the United States may institute and prosecute legal
proceedings against a third-party payer to enforce a right of
the United States under this subsection; and
``(C) the Secretary may compromise, settle, or waive a
claim of the United States under this subsection.
``(7) The Secretary shall prescribe regulations for the
administration of this subsection and subsection (h). Such
regulations shall provide for computation of the reasonable
cost of health care services.
``(8) Regulations prescribed under this subsection shall
provide that medical records of a covered beneficiary
receiving health care under this subsection shall be made
available for inspection and review by representatives of the
payer from which collection by the United States is sought
for the sole purpose of permitting the third party to
verify--
``(A) that the care or services for which recovery or
collection is sought were furnished to the covered
beneficiary; and
``(B) that the provisions of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this paragraph
shall be subject to the provisions of paragraphs (2) and (4).
``(9) Amounts collected under this subsection or under
subsection (h) from a third-party payer or from any other
payer shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
until expended. Amounts deposited shall be obligated and
expended only to the extent and in such amounts as are
provided in advance in an appropriation Act.
``(10) For purposes of this section--
``(A) the term `covered beneficiary' means an individual
eligible to receive health care under this section whose
health care costs are to be paid by a third-party payer under
a contractual agreement with such payer;
``(B) the term `services', as used in `health care
services' includes products; and
``(C) the term `third-party payer' means an entity that
provides a fee-for-service insurance policy, contract, or
similar agreement through the Federal Employees Health
Benefit program, under which the expenses of health care
services for individuals are paid.
``(h) In the case of a person, other than a covered
beneficiary, who receives health care services pursuant to
this section, the Secretary of State is authorized to collect
from such person the reasonable costs of health care services
incurred by the Department of State on behalf of such person.
The United States shall have the same rights against persons
subject to the provisions of this subsection as against
third-party payers covered by subsection (g).''.

[[Page H2006]]

(b) Effective Date.--Subsection (a) shall take effect
October 1, 1996.

SEC. 1356. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.

Section 601(c)(4) of the Foreign Service Act of 1980 (22
U.S.C. 4001(c)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) include on a biennual basis the comments of the
Inspector General for Foreign Affairs with respect to the
adequacy of the reports on the matters described in this
paragraph.''.

SEC. 1357. FOREIGN SERVICE REFORM.

(a) Appointments by the President.--Section 302(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3942(b)) is amended in
the second sentence--
(1) by striking ``may elect to'' and inserting ``shall'';
and
(2) by striking ``Service,'' and all that follows and
inserting ``Service.''.
(b) Performance Pay.--Section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and
inserting ``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the
Secretary of State may provide for recognition of the
meritorious or distinguished service of a member of the
Foreign Service described in subsection (a) (including
members of the Senior Foreign Service) by means other than an
award of performance pay in lieu of making such an award
under this section.''.
(c) Expedited Separation Out.--Not later than 90 days after
the date of enactment of this Act, the Secretary of State
shall develop and implement procedures to identify, and
recommend for separation, members of the Foreign Service
ranked by promotion boards in the bottom five percent of
their class for any two of the five preceding years.
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

SEC. 1401. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI
MULTILINGUAL COMPUTER READABLE TEXT AND VOICE
RECORDINGS.

(a) In General.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 1461-1a) and the second sentence of section 501 of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461), the Director of the United States
Information Agency is authorized to make available, upon
request, to the Linguistic Data Consortium of the University
of Pennsylvania computer readable multilingual text and
recorded speech in various languages. The Consortium shall,
directly or indirectly as appropriate, reimburse the Director
for any expenses involved in making such materials available.
(b) Termination.--Subsection (a) shall cease to have effect
5 years after the date of the enactment of this Act.

SEC. 1402. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.

Section 208(e) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by
striking ``$10,000,000'' and inserting ``$4,000,000''.

SEC. 1403. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (a), by striking ``Soviet Union,
Lithuania, Latvia, and Estonia'' and inserting ``former
Soviet Union, Lithuania, Latvia, Estonia, Albania, Bulgaria,
Croatia, Czech Republic, Hungary, Poland, Romania, Slovenia,
and the Former Yugoslav Republic of Macedonia'';
(2) in subsection (c)(5), by striking ``law,'' in the first
sentence and all that follows through the end of paragraph
(5) and inserting ``journalism, law, library and information
science, public administration, and public policy.'';
(3) in subsection (b), by striking ``Soviet Union,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)'';
(4) in subsection (c)(11), by striking ``Soviet republics,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)''; and
(5) in the section heading, by striking ``THE SOVIET UNION,
LITHUANIA, LATVIA, AND ESTONIA'' and inserting ``CERTAIN
EURASIAN COUNTRIES''.

SEC. 1404. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.

Section 253(4)(B) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is
amended by striking ``certain'' and inserting the following:
``, under criteria established by the Mansfield Center for
Pacific Affairs, certain allowances and benefits not to
exceed the amount of equivalent''.

SEC. 1405. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION
AND RADIO BROADCASTS.

(a) In General.--(1) The Director of the United States
Information Agency shall carry out a pilot program to
determine the feasibility and advisability of permitting
advertisements on the television broadcasts and radio
broadcasts of the USIA , including broadcasts of the Voice of
America, Radio Marti/TV Marti, Worldnet, Radio Free Europe/
Radio Liberty, and Radio Free Asia.
(2) The Director shall commence carrying out the pilot
program not later than 90 days after the date of the
transmittal to Congress of the plan required under subsection
(b).
(3) The Director shall carry out the pilot program for 12
months.
(b) Program Plan.--(1) Not later than 120 days after the
date of the enactment of this Act, the Director shall prepare
and transmit to Congress a plan for carrying out the pilot
program required under subsection (a).
(2) In preparing the plan, the Director shall solicit and
take into account the comments of other broadcasting entities
funded by the United States Government on the experiences of
and advantages and disadvantages to public television and
radio broadcast stations of permitting advertisements on the
broadcasts of such stations.
(c) Treatment of Revenues.--Notwithstanding any other
provision of law, the Director may use any revenues received
by the USIA under the pilot program to pay for the cost of
the radio and television broadcasting activities of the USIA.
Such funds shall be available for that purpose without fiscal
year limitation.
(d) Program Report.--Not later than 60 days after the date
of the completion of the pilot program, the Director shall
submit to Congress a report on the pilot program. The report
shall include the following:
(1) A description of the pilot program, including the
number and type of advertisements aired under the pilot
program and the revenues received as a result of the
advertisements.
(2) An estimate of the number and type of advertisements
that would be carried on the television broadcasts and radio
broadcasts of the USIA on an annual basis after the
completion of the pilot program if the USIA were authorized
to continue to carry such advertisements, and the revenues
that the USIA would receive as a result of carrying such
advertisements.
(3) An assessment of the feasibility and advisability of
permitting advertisements on the television broadcasts and
radio broadcasts of the USIA, including a discussion of the
advisability of permitting such advertisements by--
(A) United States entities;
(B) foreign governments;
(C) foreign individuals or entities; and
(D) a combination of such entities, governments, and
individuals.
(e) Regulations.--The Director may prescribe regulations to
carry out the pilot program.

SEC. 1406. CHANGES IN ADMINISTRATIVE AUTHORITIES.

(a) Contract Authority for Voice of America Radio
Facility.--Section 235 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is
amended by inserting ``Tinian,'' after ``Sao Tome,''.
(b) Availability of Appropriations.--Section 701(f)(4) of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1476(f)) is amended by striking ``September
30, 1995'' and inserting ``March 1, 1997''.
(c) Technical Correction.--Section 314(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 6213(2)(B)) is amended by striking ``section 307(e)''
and inserting ``section 308(d)''.
(d) Radio Broadcasting to Cuba.--Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by
striking ``Director of the Voice of America'' and inserting
``Director of the International Broadcasting Bureau''.
(e) Television Broadcasting to Cuba.--Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is
amended in the third sentence by striking ``Voice of
America'' and inserting ``International Broadcasting
Bureau''.
(f) International Broadcasting Bureau.--Section 307 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) is amended by adding at the end the
following new subsection:
``(c) Consolidation of Engineering Function.--For the
purpose of achieving economies and eliminating duplication,
the Director of the United States Information Agency is
authorized to appoint, during 1996, up to 5 otherwise
qualified United States citizens employed in the Office of
the Vice President for Engineering and Technical Operations
of RFE/RL, Incorporated, to the competitive service or the
career Foreign Service of the United States Information
Agency in accordance with the provisions of title 5 of the
United States Code, and without regard to section 301(b) or
306 of the Foreign Service Act of 1980, governing
appointments in the Foreign Service. Prior service with RFE/
RL, Incorporated, by an individual appointed under this
subsection shall be credited in determining the length of
service of the individual for reduction in force purposes and
toward establishing the career tenure of the individual.''.
(g) Use of Fees From Educational Advising.--Section 810 of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1475e) is amended by inserting ``,
educational advising,'' after ``English-teaching''.

SEC. 1407. RETENTION OF INTEREST.

Notwithstanding any other provision of law, with the
approval of the National Endowment for Democracy, grant funds
made available by the National Endowment for Democracy may be
deposited in interest-bearing accounts pending disbursement
and any interest which accrues may be retained by the grantee
and used for the purposes for which the grant was made.

SEC. 1408. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.

In carrying out programs of educational and cultural
exchange in countries whose people do not fully enjoy freedom
and democracy (including but not limited to China, Vietnam,
Cambodia, Tibet, and Burma), the Director of the

[[Page H2007]]

United States Information Agency shall take appropriate steps
to provide opportunities for participation in such programs
to human rights and democracy leaders of such countries.

SEC. 1409. EXTENSION OF AU PAIR PROGRAMS.

(a) Repeal.--Section 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996
(Public Law 104-107) is repealed.
(b) Authority for Au Pair Programs.--The Director of the
United States Information Agency is authorized to continue to
administer an au pair program, operating on a world-wide
basis, through fiscal year 1999.
(c) Report.--Not later than October 1, 1998, the Director
of the United States Information Agency shall submit a report
regarding the continued extension of au pair programs to the
appropriate congressional committees. This report shall
specifically detail the compliance of all au pair
organizations with regulations governing au pair programs as
published on February 15, 1995.

SEC. 1410. EDUCATIONAL AND CULTURAL EXCHANGES AND
SCHOLARSHIPS FOR TIBETANS AND BURMESE.

(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information
Agency shall establish programs of educational and cultural
exchange between the United States and the people of Tibet.
Such programs shall include opportunities for training and,
as the Director considers appropriate, may include the
assignment of personnel and resources abroad.
(b) Scholarships for Tibetans and Burmese.--
(1) For each of the fiscal years 1996 and 1997, at least 30
scholarships shall be made available to Tibetan students and
professionals who are outside Tibet, and at least 15
scholarships shall be made available to Burmese students and
professionals who are outside Burma.
(2) Waiver.--Paragraph (1) shall not apply to the extent
that the Director of the United States Information Agency
determines that there are not enough qualified students to
fulfill such allocation requirement.
(3) Scholarship defined.--For the purposes of this section,
the term ``scholarship'' means an amount to be used for full
or partial support of tuition and fees to attend an
educational institution, and may include fees, books, and
supplies, equipment required for courses at an educational
institution, living expenses at a United States educational
institution, and travel expenses to and from, and within, the
United States.

SEC. 1411. INITIATION OF BROADCASTS BY RADIO FREE ASIA.

Section 309 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6208) is amended by adding at the end
the following new subsection:
``(j) Not later than 180 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1996 and 1997, Radio Free Asia shall initiate regular
broadcasts to the People's Republic of China, Burma,
Cambodia, Laos, North Korea, Tibet, and Vietnam. Such
broadcasts shall be conducted under the name `Radio Free
Asia' and shall provide accurate and timely information,
news, and commentary about events in the respective countries
of Asia and elsewhere, and shall be a forum for a variety of
opinions and voices from within Asian nations whose people do
not fully enjoy freedom of expression.''.

SEC. 1412. DISTRIBUTION WITHIN THE UNITED STATES OF THE
UNITED STATES INFORMATION AGENCY FILM ENTITLED
``THE FRAGILE RING OF LIFE''.

Notwithstanding section 208 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1(a)) and the second sentence of section 501 of the
United States Information and Education Act of 1948 (22
U.S.C. 1461), the Director of the United States Information
Agency may make available for distribution within the United
States the documentary entitled ``The Fragile Ring of Life'',
a film about coral reefs around the world.
TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

CHAPTER 1--GENERAL PROVISIONS

SEC. 1501. TERMINATION OF UNITED STATES PARTICIPATION IN
CERTAIN INTERNATIONAL ORGANIZATIONS.

(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this Act or any other
provision of law may be used for payment of United States
membership in any of the following organizations:
(1) The United Nations Industrial Development Organization.
(2) Pan American Railway Congress Association.
(3) The International Cotton Advisory Committee.
(4) The World Tourism Organization.
(5) The Inter-American Indian Institute.
(6) International Tropical Timber Organization.
(b) Expenses Pending Termination of United States
Membership.--Notwithstanding the requirements of subsection
(a), funds authorized to be appropriated under this Act, to
the extent required under any treaty to which the United
States is a party, may be used to make payments to the
organizations identified in subsection (a) during the period
beginning on the date that the United States gives notice
pursuant to such treaty of the intent to terminate United
States membership in the organization as promptly as
permitted by such treaty and ending on the date that the
termination of United States membership takes effect.

SEC. 1502. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C. 277-277f),
is amended in section 3 (22 U.S.C. 277b) by adding at the end
the following new subsection:
``(d) Pursuant to the authority of subsection (a) and in
order to facilitate further compliance with the terms of the
Convention for Equitable Distribution of the Waters of the
Rio Grande, May 21, 1906, United States-Mexico, the Secretary
of State, acting through the United States Commissioner of
the International Boundary and Water Commission, may make
improvements to the Rio Grande Canalization Project,
originally authorized by the Act of August 29, 1935 (49 Stat.
961). Such improvements may include all such works as may be
needed to stabilize the Rio Grande in the reach between the
Percha Diversion Dam in New Mexico and the American Diversion
Dam in El Paso.''.

SEC. 1503. PROHIBITION ON ASSISTANCE TO INTERNATIONAL
ORGANIZATIONS ESPOUSING WORLD GOVERNMENT.

None of the funds authorized to be made available by this
Act shall be used--
(1) to pay the United States contribution to any
international organization which engages in the direct or
indirect promotion of the principle or doctrine of one world
government or one world citizenship; or
(2) for the promotion, direct or indirect, of the principle
or doctrine of one world government or one world citizenship.

SEC. 1504. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS.

(a) Findings.--The Congress makes the following findings:
(1) On April 2, 1992, the Senate approved a resolution of
advice and consent to ratification of the International
Covenant on Civil and Political Rights, subject to
reservations, understandings, declarations, and a proviso
intended, inter alia, to protect the First Amendment rights
of American citizens and other United States constitutional
rights and practices.
(2) In accordance with the action of the Senate, the
President deposited the United States instrument of
ratification of the International Covenant on Civil and
Political Rights on June 8, 1992, and the Covenant entered
into force for the United States on September 8, 1992.
(3) On November 2, 1994, the Human Rights Committee,
established under the Covenant to interpret the Covenant and
to receive complaints of noncompliance, adopted General
Comment No. 24 regarding reservations to the Covenant.
(4) In General Comment No. 24, the Human Rights Committee
claimed for itself the power to judge the validity under
international law of reservations to the Covenant, and in the
purported exercise of this power asserted that reservations
of the type included in the Senate resolution of ratification
are invalid, and further asserted that invalid reservations
will be read out of instruments of ratification, ``in the
sense that the Covenant will be operative for the reserving
party without benefit of the reservation''.
(5) The purpose and effect of General Comment No. 24 is to
seek to nullify as a matter of international law the
reservations, understandings, declarations, and proviso
contained in the Senate resolution of ratification, thereby
purporting to impose legal obligations on the United States
never accepted by the United States.
(6) General Comment No. 24 threatens not only the Supremacy
Clause of the United States Constitution and the
constitutional authority of the Senate with respect to the
approval of treaties, but also the First Amendment rights of
American citizens and the other United States constitutional
rights and practices protected by the reservations,
understandings, declarations, and proviso contained in the
Senate resolution of ratification.
(b) Restriction on Obligation or Expenditure of Funds.--
(1) Restriction.--Effective two years after the date of
enactment of this Act, no funds authorized to be appropriated
by this Act or any other Act, or otherwise made available,
may be obligated or expended for the conduct of any activity
which has the purpose or effect of--
(A) reporting to the Human Rights Committee in accordance
with Article 40 of the International Covenant on Civil and
Political Rights, or
(B) responding to any effort by the Human Rights Committee
to use the procedures of Articles 41 and 42 of the
International Covenant on Civil and Political Rights to
resolve claims by other parties to the Covenant that the
United States is not fulfilling its obligations under the
Covenant,
until the President has submitted to the Congress the
certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the President to the
Congress that the Human Rights Committee established under
the International Covenant on Civil and Political Rights
has--
(A) revoked its General Comment No. 24 adopted on November
2, 1994; and
(B) expressly recognized the validity as a matter of
international law of the reservations, understandings, and
declarations contained in the United States instrument of
ratification of the International Covenant on Civil and
Political Rights.

SEC. 1505. UNITED STATES PARTICIPATION IN SINGLE COMMODITY
INTERNATIONAL ORGANIZATIONS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that--
(1) identifies the national interests, if any, that are
served by continuing United States participation in single-
commodity international organizations;

[[Page H2008]]

(2) assesses the current and projected costs of continuing
United States participation in such organizations in light of
the increasingly limited funds available to fund United
States participation in all international organizations;
(3) assesses the feasibility and desirability of the
privatization of United States representation in such
organizations; and
(4) sets forth options for achieving the privatization of
the organizations if the Secretary determines that the
privatization is feasible and desirable.

CHAPTER 2--UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS

SEC. 1521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

(a) Assessed Contributions.--Of amounts authorized to be
appropriated for ``Assessed Contributions to International
Organizations'' by this Act, the President may withhold 20
percent of the funds appropriated for the United States
assessed contribution to the United Nations or to any of its
specialized agencies for any calendar year if the United
Nations or any such agency has failed to implement or to
continue to implement consensus-based decisionmaking
procedures on budgetary matters which assure that sufficient
attention is paid to the views of the United States and other
member states that are the major financial contributors to
such assessed budgets.
(b) Notice to Congress.--The President shall notify the
Congress when a decision is made to withhold any share of the
United States assessed contribution to the United Nations or
its specialized agencies pursuant to subsection (a) and shall
notify the Congress when the decision is made to pay any
previously withheld assessed contribution. A notification
under this subsection shall include appropriate consultation
between the President (or the President's representative) and
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(c) Contributions for Prior Years.--Subject to the
availability of appropriations, payment of assessed
contributions for prior years may be made to the United
Nations or any of its specialized agencies notwithstanding
subsection (a) if such payment would further United States
interests in that organization.
(d) Report to Congress.--Not later than February 1 of each
year, the President shall submit to the appropriate
congressional committees a report concerning the amount of
United States assessed contributions paid to the United
Nations and each of its specialized agencies during the
preceding calendar year.

SEC. 1522. REPORT ON UNICEF.

Not later than December 31, 1996, the Secretary of State
shall submit to the appropriate congressional committees a
report on (1) the progress of UNICEF toward effective
financial, program, and personnel management; (2) the
progress of UNICEF in shifting its health, child survival,
and maternal survival programs toward efficient and low-
overhead contractors, with particular emphasis on
nongovernmental organizations; and (3) the extent to which
UNICEF has demonstrated its commitment to its traditional
mission of child health and welfare and resisted pressure to
become involved in functions performed by other United
Nations agencies.

SEC. 1523. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.

(a) In General.--(1) The United Nations Participation Act
of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the
end the following new section:

``SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.

``(a) Withholding of Contributions.--
``(1) Assessed contributions for regular united nations
budget.--At the beginning of each fiscal year, 20 percent of
the amount of funds made available for that fiscal year for
United States assessed contributions for the regular United
Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has
been made under subsection (b).
``(2) Assessed contributions for united nations
peacekeeping.--At the beginning of each fiscal year, 50
percent of the amount of funds made available for that fiscal
year for United States assessed contributions for United
Nations peacekeeping activities shall be withheld from
obligation and expenditure unless a certification for that
fiscal year has been made under subsection (b).
``(3) Voluntary contributions for united nations
peacekeeping.--The United States may not during any fiscal
year pay any voluntary contribution to the United Nations for
international peacekeeping activities unless a certification
for that fiscal year has been made under subsection (b).
``(b) Certification.--The certification referred to in
subsection (a) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, of each of the following:
``(1) The United Nations has an independent office of
Inspector General to conduct and supervise objective audits,
inspections, and investigations relating to programs and
operations of the United Nations.
``(2) The United Nations has an Inspector General who was
appointed by the Secretary General with the approval of the
General Assembly and whose appointment was made principally
on the basis of the appointee's integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigation.
``(3) The Inspector General is authorized to--
``(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
``(B) have access to all relevant records, documents, and
other available materials relating to those programs and
operations; and
``(C) have direct and prompt access to any official of the
United Nations.
``(4) The United Nations has fully implemented, and made
available to all member states, procedures designed to
protect the identity of, and prevent reprisals against, any
staff member of the United Nations making a complaint or
disclosing information to, or cooperating in any
investigation or inspection by, the United Nations Inspector
General.
``(5) The United Nations has fully implemented procedures
designed to ensure compliance with recommendations of the
United Nations Inspector General.
``(6) The United Nations has required the United Nations
Inspector General to issue an annual report and has ensured
that the annual report and all other relevant reports of the
Inspector General are made available to the General Assembly
without modification.
``(7) The United Nations is committed to providing,
sufficient budgetary resources to ensure the effective
operation of the United Nations Inspector General.''.
(2) Section 10 of the United Nations Participation Act of
1945, as added by paragraph (1), shall apply only with
respect to fiscal years after fiscal year 1996.
(b) Withholding of Contributions Related to Contracting of
the United Nations.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.) is further amended by adding at
the end the following new section:

``SEC. 11. WITHHOLDING OF CONTRIBUTIONS.

``(a) Withholding of Contributions Related to Timely Notice
of Contract Opportunities and Contract Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the United Nations has
implemented a system requiring (A) prior notification for the
submission of all qualified bid proposals on all United
Nations procurement opportunities of more than $100,000, and
(B) a public announcement of the award of any contract of
more than $100,000. To the extent practicable, notifications
shall be made in a widely available business-related
publication.
``(b) Withholding of Contributions Related to
Discrimination Against Companies Which Challenge Contract
Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the procurement
regulations of the United Nations prohibit punitive actions
such as the suspension of contract eligibility for
contractors who challenge contract awards or complain about
delayed payments.
``(c) Withholding of Contributions Related to Establishment
of a United Nations Contract Review Process.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1998 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the United Nations has
established a contract review process for contracts of more
than $100,000 and a process to assure unsuccessful bidders a
timely opportunity to challenge awards for contracts of more
than $100,000 that such bidders consider to have been made
improperly.''.
(c) Procurement Information.--Section 4(d) of the United
Nations Participation Act of 1945 (22 U.S.C. 287b(d)), as
amended by section 407 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended in paragraph (2)(B) by inserting before the period
``, including local procurement contracts''.

SEC. 1524. LIMITATION ON ASSESSMENT PERCENTAGE FOR
PEACEKEEPING ACTIVITIES.

(a) Amendment to the UNPA.--The United Nations
Participation Act of 1945 (22 U.S.C. 287 et seq.), as amended
by this Act, is further amended by adding at the end the
following new section:

``SEC. 12. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.

``(a) Reassessment of Contribution Percentages.--The
Permanent Representative of

[[Page H2009]]

the United States to the United Nations should make every
effort to ensure that the United Nations completes an overall
review and reassessment of each nation's assessed
contributions for United Nations peacekeeping operations. As
part of the overall review and assessment, the Permanent
Representative should make every effort to advance the
concept that, when appropriate, host governments and other
governments in the region where a United Nations peacekeeping
operation is carried out should bear a greater burden of its
financial cost.
``(b) Limitation on Assessed Contribution With Respect to a
Peacekeeping Operation.--(1) Funds authorized to be
appropriated for `Contributions for International
Peacekeeping Activities' for any fiscal year shall not be
available for the payment of the United States assessed
contribution for a United Nations peacekeeping operation in
an amount which is greater than 25 percent of the total
amount of all assessed contributions for that operation, and
any arrearages that accumulate as a result of assessments in
excess of 25 percent of the total amount of all assessed
contributions for any United Nations peacekeeping operation
shall not be recognized or paid by the United States.
``(2) Any penalties, interest, or other charges imposed on
the United States in connection with such contributions shall
be credited as a part of the percentage limitation contained
in the preceding sentence.''.
(b) Effective Date.--The limitation contained in section
12(b) of the United Nations Participation Act of 1945, as
added by subsection (a), shall apply only with respect to
funds authorized to be appropriated for ``Contributions for
International Peacekeeping Activities'' for fiscal years
after fiscal year 1995.
(c) Conforming Repeal.--Section 404 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, is
repealed.

SEC. 1525. ANNUAL REPORT ON UNITED STATES CONTRIBUTIONS TO
UNITED NATIONS PEACEKEEPING ACTIVITIES.

Section 4(d)(1) of the United Nations Participation Act of
1945 (22 U.S.C. 287b(d)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) A description of the anticipated budget for the next
fiscal year for United States participation in United Nations
peacekeeping activities, including a statement of the
aggregate amount of funds (from all accounts) and the
aggregate costs of in-kind contributions that the United
States proposes to make available to the United Nations for
that fiscal year for United Nations peacekeeping
activities.''.

SEC. 1526. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY
COUNCIL VOTES ON UNITED NATIONS PEACEKEEPING
ACTIVITIES.

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 initiate, expand, or modify any United Nations
peacekeeping activity or any other action under the Charter
of the United Nations which would involve the use of United
States Armed Forces, 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 security interests 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.''.

SEC. 1527. CODIFICATION OF REQUIRED NOTICE TO CONGRESS OF
PROPOSED UNITED NATIONS PEACEKEEPING
ACTIVITIES.

(a) Required Notice.--Section 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b) is amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsections (e) and (f) (as
redesignated by the preceding section) as subsections (f) and
(g), respectively; and
(3) by inserting after subsection (d) a new subsection (e)
consisting of the text of subsection (a) of section 407 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), revised--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``in written form not later than the 10th day of'' after
``shall be provided'';
(ii) in subparagraph (A)(iv), by inserting ``(including
facilities, training, transportation, communication, and
logistical support, but not including intelligence activities
reportable under title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.))'' after ``covered by the
resolution''; and
(iii) in subparagraph (B), by adding at the end the
following new clause:
``(iv) A description of any other United States assistance
to or support for the operation (including facilities,
training, transportation, communication, and logistical
support, but not including intelligence activities reportable
under title V of the National Security Act of 1947 (50 U.S.C.
413 et seq.)), and an estimate of the cost to the United
States of such assistance or support.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3) and in
the last sentence of subparagraph (A) of that paragraph by
striking ``and (ii)'' and inserting ``through (iv)'';
(D) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) New united nations peacekeeping operation defined.--
As used in paragraphs (2)(B) and (3), the term `new United
Nations peacekeeping operation' includes any existing or
otherwise ongoing United Nations peacekeeping operation--
``(A) that is to be expanded by more than 25 percent during
the period covered by the Security Council resolution, as
measured by either the number of personnel participating (or
authorized to participate) in the operation or the budget of
the operation; or
``(B) that is to be authorized to operate in a country in
which it was not previously authorized to operate.''; and
(E) in paragraph (5)--
(i) by striking ``(5) Notification'' and all that follows
through ``(B) The President'' and inserting ``(5) Quarterly
reports.--The President''; and
(ii) by striking ``section 4(d)'' and all that follows
through ``of this section)'' and inserting ``subsection
(d)''.
(b) Conforming Repeal.--Subsection (a) of section 407 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), is repealed.
(c) Designated Congressional Committees.--Subsection (g) of
section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b(g)), as redesignated by subsection (a), is
amended to read as follows:
``(g) Designated Congressional Committees.--As used in this
section, the term `designated congressional committees' means
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on International Relations of the House of
Representatives.''.

SEC. 1528. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.

The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following new
section:

``SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.

``(a) Provision of Intelligence Information to the United
Nations.--(1) No United States intelligence information may
be provided to the United Nations or any organization
affiliated with the United Nations, or to any official or
employee thereof, unless the President certifies to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence
of the House of Representatives that the Director of Central
Intelligence (in this section referred to as the `DCI'), in
consultation with the Secretary of State and the Secretary of
Defense, has required, and such organization has established
and implemented, procedures for protecting intelligence
sources and methods (including protection from release to
nations and foreign nationals that are otherwise not eligible
to receive such information) no less stringent than
procedures maintained by nations with which the United States
regularly shares similar types of intelligence information.
Such certification shall include a description of the
procedures in effect at such organization.
``(2) Paragraph (1) may be waived upon written
certification by the President to the appropriate committees
of Congress that providing such information to the United
Nations or an organization affiliated with the United
Nations, or to any official or employee thereof, is in the
national security interest of the United States and that all
possible measures protecting such information have been
taken, except that such waiver must be made for each instance
such information is provided, or for each such document
provided.
``(b) Periodic and Special Reports.--(1) The President
shall periodically report, but not less frequently than
quarterly, to the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate and the
Committee on International Relations and the Permanent Select
Committee on Intelligence of the House of Representatives on
the types and volume of intelligence provided to the United
Nations and the purposes for which it was provided during the
period covered by the report. Such periodic reports shall be
submitted to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives with an annex containing a
counterintelligence and security assessment of all risks,
including an evaluation of any potential adverse impact on
national collection systems, of providing intelligence to the
United Nations, together with information on how such risks
have been addressed.
``(2) The President shall submit a special report to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence
of the House of Representatives

[[Page H2010]]

within 15 days after the United States Government becomes
aware of any unauthorized disclosure of intelligence provided
to the United Nations by the United States.
``(c) Limitation.--The restrictions of subsection (a) and
the requirement for periodic reports under paragraph (1) of
subsection (a) shall not apply to the provision of
intelligence that is provided only to, and for the use of,
appropriately cleared United States Government personnel
serving with the United Nations.
``(d) Delegation of Duties.--The President may not delegate
or assign the duties of the President under subsection (a).
``(e) Relationship to Existing Law.--Nothing in this
section shall be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(5) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(5)); or
``(2) supersede or otherwise affect the provisions of title
V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.).''.
TITLE XVI--FOREIGN POLICY PROVISIONS

SEC. 1601. APPLICABILITY OF TAIWAN RELATIONS ACT.

Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is
amended by adding at the end the following new subsection:
``(d) The provisions of subsections (a) and (b) supersede
any provision of the Joint Communique of the United States
and China of August 17, 1982.''.

SEC. 1602. REPORT ON OCCUPIED TIBET.

(a) Report on United States-Tibet Relations.--Not later
than 6 months after the date of enactment of this Act, and
every 12 months thereafter, the Secretary of State shall
submit to the Chairman of the Committee on Foreign Relations
of the Senate and the Speaker of the House of Representatives
a report on the state of relations between the United States
and those recognized by Congress as the true representatives
of the Tibetan people, the Dalai Lama, his representatives,
and the Tibetan Government in exile, and on conditions in
Tibet.
(b) Separate Tibet Reports.--
(1) It is the sense of the Congress that whenever an
executive branch report is transmitted to the Congress on a
country-by-country basis there should be included in such
report, where applicable, a separate report on Tibet listed
alphabetically with its own state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating
to human rights).

SEC. 1603. TAIPEI REPRESENTATIVE OFFICE.

For purposes of carrying out its activities in the United
States, the instrumentality known as the Taipei Economic and
Cultural Representative Office as of the date of enactment of
this Act shall, on and after such date, be permitted to
operate under the name ``Taipei Representative Office''.

SEC. 1604. EFFORTS AGAINST EMERGING INFECTIOUS DISEASES.

(a) Prioritization.--The President shall give urgent
priority to the strengthening of efforts against emerging
infectious diseases through the development of appropriate
United States Government strategies and response mechanisms.
(b) Strategic Plan.--Not later than 6 months after the date
of the enactment of this Act, the President shall submit to
the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate a report outlining a
United States strategic plan, in cooperation with the
international public health infrastructure, to identify and
respond to the threat of emerging infectious diseases to the
health of the people of the United States.

SEC. 1605. STATUTORY CONSTRUCTION.

Section 33 of the Arms Control and Disarmament Act (22
U.S.C. 2573) is amended by adding at the end the following
new subsection:
``(c) Statutory Construction.--Nothing contained in this
chapter shall be construed to authorize any policy or action
by any Government agency which would interfere with,
restrict, or prohibit the acquisition, possession, or use of
firearms by an individual for the lawful purpose of personal
defense, sport, recreation, education, or training.''.

SEC. 1606. 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) 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 of 1992 (22 U.S.C.
5731), reports required to be submitted under that section on
or after the date of enactment of this Act shall 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;
(6) the Bill of Rights;
(7) a list of all treaties and international agreements
(including multilateral conventions) in force as of July 1,
1997, between the United States and Hong Kong, or between the
United States and the United Kingdom which apply to Hong
Kong; and
(8) a short description of the extent to which Hong Kong is
carrying out and has the capacity to carry out its
commitments and obligations under each treaty or
international agreement under paragraph (7).

SEC. 1607. THE UNITED STATES-NORTH KOREA AGREED FRAMEWORK OF
OCTOBER 21, 1994, AND THE KOREAN PENINSULA
ENERGY DEVELOPMENT ORGANIZATION (KEDO).

(a) Clarification of Nuclear Nonproliferation Obligations
of North Korea Under the Agreed Framework.--It is the sense
of the Congress that in discussions or negotiations with the
Government of North Korea pursuant to the implementation of
the United States-Democratic People's Republic of Korea
Agreed Framework entered into on October 21, 1994, the
President should uphold the following minimum conditions
relating to nuclear nonproliferation:
(1) All spent fuel from the graphite-moderated nuclear
reactors and related facilities of North Korea should be
removed from the territory of North Korea as is consistent
with the Agreed Framework.
(2) The International Atomic Energy Agency should have the
freedom to conduct any and all inspections that it deems
necessary to fully account 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 declared graphite-based
nuclear reactors and related facilities in North Korea,
including reprocessing units, should be completed in
accordance with the Agreed Framework and in a manner that
effectively bars in perpetuity any reactivation of such
reactors and facilities.
(4) The United States should 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.
(b) Role of the Republic of Korea Under the Agreed
Framework.--It is further the sense of the Congress that the
Republic of Korea should play the central role in the project
to provide light water reactors to North Korea under the
Agreed Framework.
(c) Further Steps To Promote United States Security and
Political Interests With Respect to North Korea.--It is
further the sense of the Congress that, after the date of the
enactment of this Act, the President should not take further
steps toward upgrading diplomatic relations with North Korea
beyond opening liaison offices or relaxing trade and
investment barriers imposed against North Korea without--
(1) consistent and sustained efforts by the Government of
North Korea to engage in a substantive North-South dialogue
with the Government of the Republic of Korea;
(2) significant progress toward implementation of the
North-South Joint Declaration on the Denuclearization of the
Korean Peninsula; and
(3) progress toward the achievement of several long-
standing United States policy objectives regarding North
Korea and the Korean Peninsula, including--
(A) reducing the number of military forces of North Korea
along the Demilitarized Zone and relocating such military
forces away from the Demilitarized Zone;
(B) prohibiting any movement by North Korea toward the
deployment of an intermediate range ballistic missile system;
(C) prohibiting the export by North Korea of missiles and
other weapons of mass destruction, including related
technology and components;
(D) obtaining positive and productive cooperation from
North Korea on the recovery of remains of Americans missing
in action from the Korean War without consenting to
exorbitant demands by North Korea for financial compensation;
and
(E) achieving credible assurances and intelligence
confirmation that North Korea has ended its participation in
and support of international terrorism.
(d) Restrictions on Assistance to North Korea and the
Korean Peninsula Energy Development Organization.--
(1) In general.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended by
adding at the end the following new section:

``SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN
PENINSULA ENERGY DEVELOPMENT ORGANIZATION.

``(a) Limitation.--No assistance may be provided under this
Act or any other provision of law to North Korea or the
Korean Peninsula Energy Development Organization unless--
``(1) such assistance is provided in accordance with all
requirements, limitations, and procedures otherwise
applicable to the provision of such assistance for such
purposes; and
``(2) the President--
``(A) notifies the congressional committees specified in
section 634A(a) of this Act prior to the obligation of such
assistance in accordance with the procedures applicable to
reprogramming notifications under that section, irrespective
of the amount of the proposed obligation of such assistance;
and
``(B) determines and reports to such committees that the
provision of such assistance is vital to the national
security of the United States.
``(b) Exception.--The requirement of subsection (a)(2)(B)
shall not apply with respect to assistance authorized to be
appropriated and appropriated for North Korea or the Korean
Peninsula Energy Development Organization.''.
(2) Effective date.--Section 620G of the Foreign Assistance
Act of 1961, as added by subsection (a), applies with respect
to assistance

[[Page H2011]]

provided to North Korea or the Korean Peninsula Energy
Development Organization on or after the date of the
enactment of this Act.

SEC. 1608. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

(a) In General.--The United States may not participate in
an international criminal court with jurisdiction over crimes
of an international character except to the extent and in the
manner authorized--
(1) by a treaty entered into in accordance with Article II,
section 2, clause 2 of the Constitution; or
(2) by a law enacted in accordance with Article I, section
7 of the Constitution.
(b) Definitions.--As used in subsection (a)--
(1) the term ``participate'' means consent to the
jurisdiction of, recognize the validity of the decisions of,
or extradite or otherwise render suspects to, an
international criminal court with jurisdiction over crimes of
an international character; and
(2) the term ``international criminal court with
jurisdiction over crimes of an international character'' does
not include any international war crimes tribunal established
prior to the date of enactment of this Act.

SEC. 1609. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.

Consistent with section 582 of the Foreign Operations
Export Financing and Related Programs Appropriations Act,
1995 (Public Law 103-306), the United States is prohibited
from selling or licensing for export to the Government of
Indonesia light arms, small weapons, and crowd control
ordnances, including helicopter-mounted equipment, until the
Secretary of State determines and reports to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives that
there has been significant progress made on human rights in
East Timor and elsewhere in Indonesia, including--
(1) compliance with the recommendations in the United
Nations Special Rapporteur's January 1992 report and the
March 1993 recommendations of the United Nations Human Rights
Commission;
(2) significant reduction in Indonesia's troop presence in
East Timor;
(3) thorough and impartial investigation of gangs and
violent civilian groups operating in East Timor;
(4) improved access to East Timor for Indonesian and
international human rights and humanitarian organizations and
journalists, including the deployment of United Nations human
rights monitors if so requested;
(5) constructive participation in the United Nations
Secretary General's efforts to resolve the status of East
Timor; and
(6) greater local control over political, economic, and
cultural affairs, with an aim toward resolving the future
status of East Timor.

SEC. 1610. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.

(a) Authority for Establishment.--
(1) Subject to the other provisions of this section, the
President is authorized to enter into an international
agreement with eligible countries for the establishment of a
fund to assist the self-defense of Bosnia and Herzegovina,
which may be known as the ``Multilateral Bosnia and
Herzegovina Self-Defense Fund''.
(2) The Secretary of State is authorized to transfer to the
custody of the international board having responsibility for
the Fund defense articles from the stocks of the Department
of Defense and defense services of the Department of Defense
transferred or available for transfer pursuant to section 540
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107), or
pursuant to any similar provision of law.
(b) Purpose.--The purpose of the Fund shall be to provide
an international mechanism for the procurement of military
equipment and training for transfer to the Government of
Bosnia and Herzegovina for the exercise of its right to self-
defense under Article 51 of the United Nations Charter, and
to facilitate the achievement of a lasting peace by enabling
the Government of Bosnia and Herzegovina to protect its
population and territory.
(c) Requirements.--An agreement referred to in subsection
(a) shall meet the following requirements:
(1) United states representation.--The United States will
chair any international board having responsibility for the
Fund.
(2) Control of military equipment.--The agreement will
provide procedures for the control of military equipment
received by the international board having responsibility for
the Fund.
(3) Commitment by the government of bosnia and
herzegovina.--Before any military equipment or training
purchased or otherwise acquired through the Fund, or held by
the international board responsible for the Fund, may be
transferred to the Government of Bosnia and Herzegovina, that
Government will provide written assurances that the equipment
or training will not be used to take reprisals against any
civilians.
(d) Report on Efforts To Enable the Federation of Bosnia
and Herzegovina To Provide for Its Own Defense.--Within 30
days after the date of the enactment of this Act, the
President shall submit a detailed report to the Congress on
the administration's plan to assist the Federation of Bosnia
to provide for its own defense, including the role of the
United States and other countries in providing such
assistance. Such report shall include an evaluation of the
defense needs of the Federation of Bosnia and Herzegovina,
including, to the maximum extent possible--
(1) the types and quantities of arms, spare parts, and
logistics support required to establish a stable military
balance prior to the withdrawal of United States Armed
Forces;
(2) the nature and scope of training to be provided;
(3) a detailed description of the past, present, and future
United States role in ensuring that the Federation of Bosnia
and Herzegovina is provided as rapidly as possible with
equipment, training, arms, and related logistic assistance of
the highest possible quality;
(4) administration plans to use existing military drawdown
authority and other assistance authorities pursuant to this
section; and
(5) specific or anticipated commitments by third countries
to provide arms, equipment, or training to the Federation of
Bosnia and Herzegovina.
The report shall be submitted in unclassified form, but may
contain a classified annex.
(e) Definitions.--As used in this section:
(1) Eligible countries.--The term ``eligible countries''
includes any foreign country other than a country the
government of which the Secretary of State has determined, in
accordance with section 6(j)(1)(A) of the Export
Administration Act of 1979, repeatedly provides support for
acts of international terrorism.
(2) Fund.--The term ``Fund'' means the fund established as
provided in subsection (a).
(3) Government of bosnia and herzegovina.--The term
``Government of Bosnia and Herzegovina'' includes any agency,
instrumentality, or forces of the Government of Bosnia and
Herzegovina.
(f) Statutory Construction.--Nothing in this section shall
be interpreted as authorization for the deployment of United
States forces in the territory of Bosnia and Herzegovina for
any purpose, including training, support, or delivery of
military equipment.

SEC. 1611. REPORTS TO CONGRESS ON ASPECTS OF IMPLEMENTATION
OF THE GENERAL FRAMEWORK AGREEMENT.

(a) Military Aspects.--Thirty days after the date of the
enactment of this Act, and at least once every 60 days
thereafter until all United States Armed Forces are withdrawn
from Bosnia and Herzegovina, the President shall submit to
the Congress a report on the status of the deployment of
United States Armed Forces in Bosnia and Herzegovina,
including a detailed description of the following:
(1) Criteria for determining success for the deployment.
(2) The military mission and objectives.
(3) Milestones for measuring progress in achieving the
mission and objectives.
(4) Command arrangements for United States Armed Forces.
(5) The rules of engagement for United States Armed Forces.
(6) The multilateral composition of forces in Bosnia and
Herzegovina.
(7) The status of compliance by all parties with the
General Framework Agreement and associated Annexes, including
Article III of Annex 1-A concerning the withdrawal of foreign
forces from Bosnia and Herzegovina.
(8) All incremental costs of the Department of Defense and
any costs incurred by other Federal agencies, for the
deployment of United States Armed Forces in Bosnia and
Herzegovina, including support for the NATO Implementation
Force.
(9) The exit strategy to provide for complete withdrawal of
United States Armed Forces in the NATO Implementation Force,
including an estimated date of completion.
(10) A description of progress toward enabling the
Federation of Bosnia and Herzegovina to provide for its own
defense.

Reports under this section shall include a description of any
changes in the areas listed in paragraphs (1) through (10)
since the previous report, if applicable. Reports shall be
submitted in unclassified form, but may contain a classified
annex.
(b) Nonmilitary Aspects.--Thirty days after the date of the
enactment of this Act, and at least once every 60 days
thereafter, until all United States Armed Forces withdraw
from Bosnia and Herzegovina, the President shall submit to
the Congress a report on the following:
(1) The status of implementation of nonmilitary aspects of
the General Framework Agreement and associated Annexes,
especially Annex 10 on Civilian Implementation, and of
efforts, which are separate from the Implementation Force, by
the United States and other countries to support
implementation of the nonmilitary aspects. Such report shall
include a detailed description of--
(A) progress toward conducting of elections;
(B) the status of refugees and displaced persons;
(C) humanitarian and reconstruction efforts;
(D) police training and related civilian security efforts,
including the status of the implementation of Annex 11
regarding an international police task force; and
(E) implementation of Article XIII of Annex 6 concerning
cooperation with the International Tribunal for the former
Yugoslavia and other appropriate organizations in the
investigation and prosecution of war crimes and other
violations of international humanitarian law.
(2) The status of coordination between the High
Representative and the Implementation Force Commander.
(3) The status of plans and preparation for the
continuation of civilian activities after the withdrawal of
the Implementation Force.
(4) All costs incurred by all United States Government
agencies for reconstruction, refugee, humanitarian, and all
other nonmilitary bilateral and multilateral assistance in
Bosnia and Herzegovina.
(5) United States and international diplomatic efforts to
contain and end conflict in the former Yugoslavia, including
efforts to resolve the status of Kosova and halt violations
of internationally recognized human rights of its majority
Albanian population.

[[Page H2012]]

(6) The progress of efforts to establish a United States
Information Agency facility in Pristina, Kosova.

Reports under this subsection shall be submitted in
unclassified form, but may contain a classified annex.

SEC. 1612. VERIFICATION OF MISSILE TECHNOLOGY CONTROL REGIME.

Not later than 6 months after the date of the enactment of
this Act, the Director of the Arms Control and Disarmament
Agency shall submit to the Congress a report on the
capability of the United States to verify the Missile
Technology Control Regime, including any applicable United
States policy statements, pursuant to section 37 of the Arms
Control and Disarmament Act.

SEC. 1613. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994.

(a) Repeal.--Part D of the Nuclear Proliferation Prevention
Act of 1994 (part D of title VIII of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; Public Law
103-236; 108 Stat. 525) is hereby repealed.
(b) Judicial Review.--Section 824 of the Nuclear
Proliferation Prevention Act of 1994 is amended by striking
subsection (e).

SEC. 1614. PAYMENT OF IRAQI CLAIMS.

(a) Vesting of Assets.--All nondiplomatic accounts of the
Government of Iraq in the United States that have been
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) shall vest in the
President and the President, not later than 30 days after the
date of the enactment of this Act, shall liquidate such
accounts. Amounts from such liquidation shall be transferred
into the Iraq Claims Fund established under subsection (b).
(b) Iraq Claims Fund.--Upon the vesting of accounts under
subsection (a), the Secretary of the Treasury shall establish
in the Treasury of the United States a fund to be known as
the Iraq Claims Fund (hereafter in this section referred to
as the ``Fund'') for payment of private claims or United
States Government claims in accordance with subsection (c).
(c) Payments.--
(1) Payments on private claims.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
the Treasury shall make payment out of the Fund in ratable
proportions on private claims certified under subsection (e)
according to the proportions which the total amount of the
private claims so certified bear to the total amount in the
Fund that is available for distribution at the time such
payments are made.
(2) Payments on u.s. government claims.--After payment has
been made in full out of the Fund on all private claims
certified under subsection (e), any funds remaining in the
Fund shall be made available to satisfy claims of the United
States Government against the Government of Iraq determined
under subsection (d).
(d) Determination of Validity of U.S. Government Claims.--
The President shall determine the validity and amounts of
claims of the Government of the United States against the
Government of Iraq which the Secretary of State has
determined are outside the jurisdiction of the United Nations
Commission, and, to the extent that such claims are not
satisfied from funds made available by the Fund, the
President is authorized and requested to enter into a
settlement agreement with the Government of Iraq which would
provide for the payment of such unsatisfied claims.
(e) Determination of Private Claims.--
(1) Authority of the foreign claims settlement
commission.--The Foreign Claims Settlement Commission of the
United States is authorized to receive and determine, in
accordance with substantive law, including international law,
the validity and amounts of private claims. The Commission
shall complete its affairs in connection with the
determination of private claims under this section within
such time as is necessary to allow the payment of the claims
under subsection (c)(1).
(2) Applicability.--Except to the extent inconsistent with
the provisions of this section, the provisions of title I of
the International Claims Settlement Act of 1949 (22 U.S.C.
1621 et seq.) shall apply with respect to private claims
under this section. Any reference in such provisions to
``this title'' shall be deemed to refer to those provisions
and to this section.
(3) Certification.--The Foreign Claims Settlement
Commission shall certify to the Secretary of the Treasury the
awards made in favor of each private claim under paragraph
(1).
(f) Unsatisfied Claims.--Payment of any award made pursuant
to this section shall not extinguish any unsatisfied claim,
or be construed to have divested any claimant, or the United
States on his or her behalf, of any rights against the
Government of Iraq with respect to any unsatisfied claim.
(g) Definitions.--As used in this section--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public
sector enterprises) of that government;
(2) the term ``private claims'' mean claims of United
States persons against the Government of Iraq that are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission;
(3) the term ``United Nations Commission'' means the United
Nations Compensation Commission established pursuant to
United Nations Security Council Resolution 687, adopted in
1991; and
(4) the term ``United States person''--
(A) includes--
(i) any person, wherever located, who is a citizen of the
United States;
(ii) any corporation, partnership, association, or other
legal entity organized under the laws of the United States or
of any State, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
(iii) any corporation, partnership, association, or other
organization, wherever organized or doing business, which is
owned or controlled by persons described in clause (i) or
(ii); and
(B) does not include the United States Government or any
officer or employee of the United States Government acting in
an official capacity.

SEC. 1615. INTERNATIONAL FUND FOR IRELAND.

(a) Funding.--
(1) In general.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.; relating to the economic support fund), not more than
$19,600,000 for each of the fiscal years 1996 and 1997 shall
be available for the United States contribution to the
International Fund for Ireland in accordance with the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415).
(2) Availability.--Amounts made available under paragraph
(1) are authorized to remain available until expended.
(b) Additional Requirements.--
(1) Purposes.--Section 2(b) of the Anglo-Irish Agreement
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is
amended by adding at the end the following new sentences:
``United States contributions should be used in a manner that
effectively increases employment opportunities in communities
with rates of unemployment higher than the local or urban
average of unemployment in Northern Ireland. In addition,
such contributions should be used to benefit individuals
residing in such communities.''.
(2) Conditions and understandings.--Section 5(a) of such
Act is amended--
(A) in the first sentence--
(i) by striking ``The United States'' and inserting the
following:
``(1) In general.--The United States'';
(ii) by striking ``in this Act may be used'' and inserting
the following: ``in this Act--
``(A) may be used'';
(iii) by striking the period and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) should be provided to individuals or entities in
Northern Ireland which employ practices consistent with the
principles of economic justice.''; and
(B) in the second sentence, by striking ``The
restrictions'' and inserting the following:
``(2) Additional requirements.--The restrictions''.
(3) Prior certifications.--Section 5(c)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``in accordance with
the principle of equality'' and all that follows and
inserting ``to individuals and entities whose practices are
consistent with principles of economic justice; and''; and
(B) in subparagraph (B), by inserting before the period at
the end the following: ``and will create employment
opportunities in regions and communities of Northern Ireland
suffering from high rates of unemployment''.
(4) Annual reports.--Section 6 of such Act is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) the extent to which the practices of each individual
or entity receiving assistance from United States
contributions to the International Fund has been consistent
with the principles of economic justice.''.
(5) Requirements relating to funds.--Section 7 of such Act
is amended by adding at the end the following:
``(c) Prohibition.--Nothing included herein shall require
quotas or reverse discrimination or mandate their use.''.
(6) Definitions.--Section 8 of such Act is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals from
underrepresented religious groups in the workforce, including
managerial, supervisory, administrative, clerical, and
technical jobs.
``(B) Providing adequate security for the protection of
minority employees at the workplace.
``(C) Banning provocative sectarian or political emblems
from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts be
made to attract applicants from underrepresented religious
groups.
``(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.
``(G) Providing for the development of training programs
that will prepare substantial numbers of minority employees
for skilled jobs, including the expansion of existing
programs and the creation of new programs to train, upgrade,
and improve the skills of minority employees.
``(H) Establishing procedures to assess, identify, and
actively recruit minority employees with the potential for
further advancement.
``(I) Providing for the appointment of a senior management
staff member to be responsible for the employment efforts of
the entity and, within a reasonable period of time, the
implementation

[[Page H2013]]

of the principles described in subparagraphs (A) through
(H).''.

SEC. 1616. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC
ASSISTANCE FUNDS.

Chapter 3 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2401 et seq.) is amended by adding at the end the
following:

``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC
ASSISTANCE FUNDS.

``(a) Requirement To Deobligate.--
``(1) In general.--Except as provided in subsection (b) of
this section and in paragraphs (1) and (3) of section 617(a)
of this Act, at the beginning of each fiscal year the
President shall deobligate and return to the Treasury, any
funds described in paragraph (2) that, as of the end of the
preceding fiscal year, have been obligated for a project or
activity for a period of more than 3 years but have not been
expended.
``(2) Funds.--Paragraph (1) applies to funds made available
for--
``(A) assistance under chapter 1 of part I of this Act
(relating to development assistance), chapter 10 of part I of
this Act (relating to the Development Fund for Africa), or
chapter 4 of part II of this Act (relating to the economic
support fund);
``(B) assistance under the `Multilateral Assistance
Initiative for the Philippines';
``(C) assistance under the Support for East European
Democracy (SEED) Act of 1989; and
``(D) economic assistance for the independent states of the
former Soviet Union under this Act or under any other Act
authorizing economic assistance for such independent states.
``(b) Exceptions.--The President, on a case-by-case basis,
may waive the requirement of subsection (a)(1) if the
President determines, and reports to the appropriate
congressional committees, that--
``(1) the funds are being used for a construction project
that requires more than 3 years to complete; or
``(2) the funds have not been expended because of
unforeseen circumstances, and those circumstances could not
have been reasonably foreseen.
``(c) Comments by Inspector General.--As soon as possible
after the submission of a report pursuant to subsection (b),
the Inspector General of the agency primarily responsible for
administering part I of this Act shall submit to the
appropriate congressional committees such comments as the
Inspector General considers appropriate with regard to the
determination described in that report.
``(d) Appropriate Congressional Committees.--As used in
this section, the term `appropriate congressional committees'
means the Committee on International Relations and the
Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.''.

SEC. 1617. LIMITATION ON ASSISTANCE TO COUNTRIES THAT
RESTRICT THE TRANSPORT OR DELIVERY OF UNITED
STATES HUMANITARIAN ASSISTANCE.

(a) Findings.--The Congress makes the following findings:
(1) The United States Federal budget deficit and spending
constraints require the maximum efficiency in the usage of
United States foreign assistance.
(2) The delivery of humanitarian assistance to people in
need is consistent with the fundamental values of our Nation
and is an important component of United States foreign
policy.
(3) As a matter of principle and in furtherance of fiscal
prudence, the United States should seek to promote the
delivery of humanitarian assistance to people in need in a
manner that is both timely and cost effective.
(4) Recipients of United States assistance should not
hinder or delay the transport or delivery of United States
humanitarian assistance to other countries.
(b) Prohibition on Assistance.--Section 620 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370), as amended by this
Act, is further amended by inserting after subsection (v) (as
added by this Act) the following new subsection:
``(w)(1) Notwithstanding any other provision of law, United
States assistance may not be made available for any country
whose government prohibits or otherwise restricts, directly
or indirectly, the transport or delivery of United States
humanitarian assistance.
``(2) The prohibition on United States assistance contained
in paragraph (1) shall not apply if the President determines
and notifies the Congress in writing that providing such
assistance to a country is in the national security interest
of the United States.
``(3) A suspension or termination of United States
assistance for any country under paragraph (1) shall cease to
be effective when the President certifies in writing to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate that such country is no
longer prohibiting or otherwise restricting, either directly
or indirectly, the transport or delivery of United States
humanitarian assistance.
``(4)(A) At the time of the annual budget submission to
Congress, the President shall submit a report to the Congress
describing any information available to the President
concerning prohibitions or restrictions, direct or indirect,
on the transport or delivery of United States humanitarian
assistance by the government of any country receiving or
eligible to receive United States foreign assistance during
the current or preceding fiscal year.
``(B) The President shall include in the report required by
subparagraph (A) a statement as to whether the prohibition in
paragraph (1) is being applied to each country for which the
President has information available to him concerning
prohibitions or restrictions, direct or indirect, on the
transport or delivery of United States humanitarian
assistance.
``(5) As used in this subsection, the term `United States
assistance' has the same meaning given that term in section
481(e)(4) of this Act.''.
TITLE XVII--CONGRESSIONAL STATEMENTS

SEC. 1701. THE LAOGAI SYSTEM OF POLITICAL PRISONS.

It is the sense of the Congress that the President should--
(1) publicly condemn the continued existence of the Chinese
gulag, known as the Laogai, and call upon the Government of
the People's Republic of China to dismantle it and release
all of its political prisoners; and
(2) instruct the appropriate diplomatic representatives of
the United States to cause a resolution condemning the Laogai
to be put before the United Nations Human Rights Commission
and work for its passage.

SEC. 1702. DECLARATION OF CONGRESS REGARDING UNITED STATES
GOVERNMENT HUMAN RIGHTS POLICY TOWARD CHINA.

(a) Findings.--The Congress makes the following findings:
(1) According to the 1994 State Department Country Reports
on Human Rights Practices, there continue to be ``widespread
and well-documented human rights abuses in China, in
violation of internationally accepted norms . . . (including)
arbitrary and lengthy incommunicado detention, torture, and
mistreatment of prisoners. The regime continued severe
restrictions on freedoms of speech, press assembly and
association, and tightened controls on the exercise of these
rights during 1994. Serious human rights abuses persisted in
Tibet and other areas populated by ethnic minorities''.
(2) The President, in announcing his decision on Most
Favored Nation trading status for China in May 1994 stated
that, ``China continues to commit very serious human rights
abuses. Even as we engage the Chinese on military, political,
and economic issues, we intend to stay engaged with those in
China who suffer from human rights abuses. The United States
must remain a champion of their liberties''.
(b) Sense of Congress.--It is the sense of the Congress
that the President should take the following actions:
(1) Decline the invitation to visit China until and unless
there is dramatic overall progress on human rights in China
and Tibet and communicate to the Government of China that
such a visit cannot take place without such progress.
Indications of overall progress would include the release of
hundreds of political, religious, and labor activists; an
agreement to allow unhindered confidential access to
prisoners by international humanitarian agencies; enactment
of major legal reforms such as an end to all restrictions on
the exercise of freedom of religion, revocation of the 1993
state security law, and the abolition of all so-called
``counter-revolutionary'' crimes; an end to forced abortion,
forced sterilization, and the provision by government
facilities of human fetal remains for consumption as food;
and a decision to allow unrestricted access to Tibet by
foreign media and international human rights monitors.
(2) Seek to develop an agreement on a multilateral strategy
to promote human rights in China. Such an agreement should
include efforts to encourage greater cooperation by the
Government of China with the human rights rapporteurs and
working groups of the United Nations Human Rights Commission,
as well as bilateral and multilateral initiatives to secure
the unconditional release of imprisoned peaceful pro-
democracy advocates such as Wei Jingsheng.
(3) Extend an invitation to the Dalai Lama to visit
Washington, District of Columbia, in 1996.
(c) United States Government Human Rights Policy Toward
China.--It shall be the policy of the United States
Government to continue to promote internationally recognized
human rights and worker rights in China and Tibet. The
President shall submit the following reports on the
formulation and implementation of United States human rights
policy toward China and the results of that policy to the
appropriate congressional committees:
(1) Not later than 90 days after the date of enactment of
this Act, the President shall report on the status of the
``new United States Human Rights Policy for China'' announced
by the President on May 26, 1994, including an assessment of
the implementation and effectiveness of the policy in
bringing about human rights improvements in China and Tibet,
with reference to the following specific initiatives
announced on that date:
(A) High-level dialogue on human rights.
(B) Voluntary principles in the area of human rights for
United States businesses operating in China.
(C) Increased contact with and support for groups and
individuals in China promoting law reform and human rights.
(D) Increased exchanges to support human rights law reform
in China.
(E) The practice of all United States officials who visit
China to meet with the broadest possible spectrum of Chinese
citizens.
(F) Increased efforts to press United States views on human
rights in China at the United Nations, the United Nations
Human Rights Commission, and other international
organizations.
(G) A plan of international actions to address Tibet's
human rights problems and to promote substantive discussions
between the Dalai Lama and the Chinese Government.
(H) An information strategy for promoting human rights by
expanding Chinese and Tibetan language broadcasts on the
Voice of America and establishing Radio Free Asia.

[[Page H2014]]

(I) Encouraging the Chinese Government to permit
international human rights groups to operate in and visit
China.

The report required by this paragraph shall also assess the
progress, if any, of the People's Republic of China toward
ending forced abortion, forced sterilization, and other
coercive population control practices.
(2) Not later than 120 days after the date of enactment of
this Act, the President shall report on the status of Chinese
Government compliance with United States laws prohibiting the
importation into the United States of forced labor products,
including (but not limited to) a complete assessment and
report on the implementation of the Memorandum of
Understanding signed by the United States and China in 1992.
The report shall include (but not be limited to) the
following:
(A) All efforts made by the United States Customs Service
from 1992 until the date of the report to investigate forced
labor exports and to conduct unannounced unrestricted
inspections of suspected forced labor sites in China, and the
extent to which Chinese authorities cooperated with such
investigations.
(B) Recommendations of what further steps might be taken to
enhance United States effectiveness in prohibiting forced
labor exports to the United States from China.

SEC. 1703. UNITED STATES RELATIONS WITH THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA (FYROM).

It is the sense of the Congress that the Former Yugoslav
Republic of Macedonia (FYROM) should be eligible for all
United States foreign assistance programs, including programs
of the Export-Import Bank and the Overseas Private Investment
Corporation, if the government continues to respect the
rights of all ethnic minorities.

SEC. 1704. DISPLACED PERSONS.

It is the sense of the Congress that of the amounts made
available to the United Nations Development Program (and
United Nations Development Program-Administered Funds), at
least $20,000,000 for fiscal year 1996 and $20,000,000 for
fiscal year 1997 should be available for programs and
services conducted in cooperation with the International
Organization for Migration, the International Committee for
the Red Cross, and nongovernmental organizations, for persons
who are displaced within their countries of nationality.

SEC. 1705. SENSE OF CONGRESS ON BORDER CROSSING FEES.

It is the sense of the Congress that the United States
Government should not impose or collect a border crossing fee
along its borders with Canada and Mexico.

SEC. 1706. INTER-AMERICAN ORGANIZATIONS.

Taking into consideration the long-term commitment by the
United States to the affairs of this Hemisphere and the need
to build further upon the linkages between the United States
and its neighbors, the Secretary of State, in allocating the
level of resources for international organizations, should
make every effort to pay the full United States assessed
funding levels for the Organization of American States and
the Pan American Health Organization so that these two
entities, which are uniquely dependent on United States
contributions, have adequate resources to contribute
effectively to United States foreign policy initiatives.

SEC. 1707. ESCALATING COSTS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES.

It is the sense of the Congress that the executive branch
should cease obligating the United States to pay for
international peacekeeping operations in excess of funds
specifically authorized and appropriated for this purpose.

SEC. 1708. VISIT OF THE PRESIDENT OF THE REPUBLIC OF CHINA ON
TAIWAN.

It is the sense of the Congress that the President of the
Republic of China on Taiwan should be admitted to the United
States for a visit in 1996 with all appropriate courtesies.

SEC. 1709. REPUBLIC OF CHINA ON TAIWAN'S PARTICIPATION IN
GATT AND WTO.

It is the sense of the Congress that--
(1) the United States should separate the Republic of China
on Taiwan's application for membership in the General
Agreement on Tariffs and Trade (GATT) and the World Trade
Organization (WTO) from the People's Republic of China's
application for membership in such organizations;
(2) the United States should support the Republic of China
on Taiwan's earliest membership in the GATT and the WTO if it
meets full and legitimate membership criteria, including the
elimination of inappropriate tariff levels and nontariff
barriers;
(3) the United States should support the membership of the
People's Republic of China in the GATT and the WTO only if a
sound bilateral commercial agreement is reached between the
United States and the People's Republic of China, and that
the People's Republic of China makes significant progress in
making its economic system compatible with GATT and WTO
principles; and
(4) the People's Republic of China's application for
membership in the GATT and the WTO should be reviewed
strictly in accordance with the rules, guidelines,
principles, precedents, and practices of the GATT and the
WTO.

SEC. 1710. INDUSTRIAL PARK FOR GAZA OR THE WEST BANK.

(a) Sense of the 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 in Gaza or
the West Bank, 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 and the West Bank;
(4) the President should appoint a special coordinator to
coordinate the rapid development of an industrial park in
Gaza or the West Bank and to begin the recruitment of United
States investors; and
(5) the Secretary of State should direct a short-term
review and implementation of United States assistance plans
to assist in speeding the flow of goods and services between
Israel and Gaza and the West Bank while increasing security
among those areas.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall prepare and
transmit to the Congress a report detailing the following:
(1) All actions taken by the President to establish an
industrial park in Gaza or the West Bank.
(2) Funds planned for expenditure to develop such
industrial park.
And the Senate agree to the same.
Benjamin A. Gilman,
Bill Goodling,
Henry J. Hyde,
Toby Roth,
Doug Bereuter,
Christopher H. Smith,
Dan Burton,
Ileana Ros-Lehtinen,
Managers on the Part of the House.

Jesse Helms,
Olympia Snowe,
Hank Brown,
Paul Coverdell,
John Ashcroft,
Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 1561) to authorize
appropriations for the Department of State, the United States
Information Agency, and related agencies, and for other
purposes, submit the following joint statement to the House
and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.

Division A

title i--general provisions

Short title
The House bill (sec. 101) provides a short title for this
Division, the ``Foreign Affairs Agencies Consolidation Act of
1995.''
The Senate amendment (sec. 1001) provides a short title for
this Division, the ``Foreign Affairs Reinvention Act of
1995.''
The conference substitute provides a short title for this
Division, the ``Foreign Affairs Agencies Consolidation Act of
1996.''
Congressional findings
The House bill (sec. 102) sets forth congressional findings
that the United States must remain engaged in international
affairs; that the U.S. budget deficit requires streamlining
of government programs and activities, including foreign
programs and activities; and that, as part of the downsizing
of the international affairs budget, the proliferation of
foreign affairs agencies that occurred during the Cold War
must be reversed and the leadership of the Secretary of State
strengthened.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the House bill.
Purposes
The House bill (sec. 103) states that the purposes of the
Division are to consolidate and reinvent the foreign affairs
agencies of the United States within the Department of State;
provide for the reorganization of the Department of State;
strengthen the coordination of U.S. foreign policy; and to
abolish not later than March 1, 1997, the United States Arms
Control and Disarmament Agency (ACDA), the United States
Information Agency (USIA), the International Development
Cooperation Agency, and the Agency for International
Development (AID).
The Senate amendment (sec. 1002) states that the purposes
of the Division are, inter alia, to reorganize and reinvent
the foreign affairs agencies of the United States within the
Department of State, to assist in congressional efforts to
balance the Federal budget, to ensure that the United States
maintains adequate representation abroad within budgetary
constraints, and to encourage United States foreign affairs
agencies to maintain a high percentage of the best qualified
United States Government employees while downsizing
significantly the total number of employees of such agencies.

[[Page H2015]]

The conference substitute (sec. 103) contains a combination
of the purposes set forth in the House bill and the Senate
amendment.
Definitions
The House bill (sec. 104) defines terms used within this
Division of the House bill.
The Senate amendment (sec. 1624) defines terms used within
this Division of the Senate bill.
The conference substitute (sec. 104) is substantially
identical to the House bill.
Office of the Secretary of State
The Senate amendment (sec. 1101) amends the State
Department Basic Authorities Act to provide that the
Secretary of State shall be the principal foreign policy
adviser to the President and shall be responsible for the
overall direction, coordination, and supervision of the
interdepartmental activities of the Government abroad.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Assumption of duties by incumbent employees
The Senate amendment (sec. 1102) provides that individuals
appointed by and with the advice and consent of the Senate
and performing duties substantially similar to the duties of
a new office to be created pursuant to this Division may, in
the discretion of the Secretary of State, assume the duties
of such new office and shall not be required to be
reappointed.
The House bill (secs. 222(c), 322(a)(2), 322(b)(2), and
422(b)) provides that officials appointed by and with the
advice and consent of the Senate may be appointed in an
acting capacity to new offices created pursuant to this
Division until the President nominates and the Senate
confirms a permanent appointee.
The conference substitute (sec. 614(b)) is similar to the
Senate amendment.
Procedures for coordination of Government personnel at
overseas posts
The Senate amendment (sec. 1104) amends the Foreign Service
Act of 1980 to require heads of Executive departments and
agencies to obtain the approval of chiefs of mission
regarding changes in the size, composition, or mandate of
employees of such departments and agencies in foreign
countries, and to require compliance with the procedures of
National Security Decision Directive 38.
The House bill contains no comparable provision.
The conference substitute (sec. 102) is identical to the
House bill.

TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Effective date
The House bill (sec. 201) provides that this title and the
amendments made by this title (other than section 221) shall
take effect on March 1, 1997, or on an earlier date announced
by the President in the Federal Register, which date may be
not earlier than 60 calendar days (excluding any days on
which either House of Congress is not in session because of a
sine die adjournment) after the President has submitted a
reorganization plan to the appropriate committees of Congress
pursuant to section 221. Section 221 shall take effect on the
date of enactment.
The Senate amendment (sec. 1207) provides that this title
and the amendments made by this title shall take effect in
the event that the President does not transmit to Congress
within six months of the date of enactment a reorganization
plan meeting the objectives of section 1501(a)(2) of the
Senate bill.
The conference substitute (sec. 201) is similar to the
House bill.
References in title
The House bill (sec. 202) states that, except as otherwise
provided, the references in this title to provisions of law
shall be considered references to the Arms Control and
Disarmament Act.
The Senate amendment (sec. 1201(c)) is similar to the House
bill.
The conference substitute contains no comparable provision.
Abolition of United States Arms Control and Disarmament
Agency
The House bill (sec. 211) abolishes ACDA.
The Senate amendment (sec. 1201(a)) is similar to the House
bill.
The conference substitute (sec. 211) is identical to the
House bill.
Transfer of functions to Secretary of State
The House bill (sec. 212) transfers to the Secretary of
State all functions of the Director of ACDA and of ACDA.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 212) is identical to the
House bill.
Reorganization plan
The House bill (sec 221) provides that, not later than
March 1, 1996, the President, in consultation with the
Secretary of State and the Director of ACDA, shall submit a
reorganization plan to the appropriate committees of
Congress. The plan is to provide for the abolition of ACDA;
the transfer of ACDA's functions and personnel to the
Department of State; and the consolidation, reorganization,
and streamlining of the Department of State upon the transfer
in order to carry out the transferred functions. The plan is
to identify the functions of ACDA that are to be transferred;
the personnel and positions of ACDA and the Department that
are to be transferred, separated, or eliminated; specify the
consolidations and reorganizations within the Department that
will be required; specify the funds available to ACDA that
will be transferred; specify the proposed allocations within
the Department of unexpended funds that are to be transferred
from ACDA; and specify the proposed disposition of the
property, facilities, contracts, records, and other assets
and liabilities of ACDA.
The Senate amendment (sec. 1603) provides that, in the
event that the President does not transmit to Congress within
six months of the date of enactment a reorganization plan
meeting the objectives of section 1501(a)(2) of the Senate
amendment, the President shall, in consultation with the
Secretary of State, transmit a reorganization plan with
respect to ACDA to the appropriate committees of Congress.
The plan is to provide for substantially the same matters as
the plan submitted under the House bill. A plan transmitted
under this section shall become effective after 90 calendar
days of continuous session of Congress, unless Congress
enacts a joint resolution disapproving the plan. The Senate
amendment further requires a reduction in employees and in
funds available for salaries and expenses in the event that a
plan transmitted under this section takes effect.
The conference substitute (sec. 601) is similar to the
House bill, except that the plan is to be submitted not later
than October 1, 1996. In addition, the requirement for
submission of the plan shall not apply if the President
exercises the waiver authority of section 602 of the
conference substitute with respect to ACDA. A plan submitted
pursuant to this section may be modified by the President on
the basis of consultations with the appropriate congressional
committees. A plan submitted pursuant to this section shall
become effective on the earlier of March 1, 1997, or such
date as the President shall determine to be appropriate and
announce by notice published in the Federal Register.
The Committee notes that ACDA's single-mission focus has
permitted the agency to develop over the years unique
expertise and experience among its personnel in arms control
matters. The Department of State has needed to develop
similar expertise within the Bureau of Political-Military
Affairs and elsewhere. However, the personnel system of the
Department, which emphasizes the development of broad
expertise among the Department's employees so as to equip
them to effectively carry out the Department's many missions,
has necessarily limited the Department's ability to match the
training and experience in arms control matters that is found
within ACDA.
The Committee believes that it would be detrimental to the
interests of the United States for the expertise and
experience of ACDA personnel to be lost as a result of the
consolidation of ACDA with the Department of State.
Accordingly, the Committee would expect any reorganization
plan applicable to ACDA submitted pursuant to section 601 of
the conference substitute to be designed, to the maximum
extent feasible, to ensure that the unique expertise and
experience of ACDA personnel is not lost to the United States
Government as a result of the consolidation.
Principal officers
The House bill (sec. 222) amends the State Department Basic
Authorities Act to establish the new position within the
Department of State of Coordinator for Arms Control and
Disarmament, with the rank and status of Ambassador-at-Large.
The Coordinator heads the Bureau of Arms Control and
Disarmament and reports directly to the Secretary of State.
In addition, an amendment to the National Security Act of
1947 provides that the Coordinator shall serve as a statutory
advisor to the National Security Council.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 213) is substantially
identical to the House bill.
References
The House bill (sec. 244) provides that any reference in
any statute or other official document or proceeding to the
Director of ACDA shall be deemed to refer to the Secretary of
State, and any reference to ACDA shall be deemed to refer to
the Department of State.
The Senate amendment (sec. 1206) is virtually identical.
The conference substitute (sec. 221) is identical to the
House bill.
Repeal of establishment of Agency
The House bill (sec. 242) repeals section 21 of the Arms
Control and Disarmament Act (relating to the establishment of
ACDA).
The Senate amendment (sec. 1201(b)) is substantially
identical.
The conference substitute (sec. 222) is identical to the
House bill.
Repeal of positions and offices
The House bill (sec. 243) repeals provisions of the Arms
Control and Disarmament Act establishing positions and
offices within ACDA.
The Senate amendment (sec. 1202) is substantially
identical, except that the provision establishing the ACDA
Inspector General is not repealed.
The conference substitute (secs. 223 and 501) is similar to
the House bill.
Transfer of authorities and functions under the Arms Control
and Disarmament Act to the Secretary of State
The House bill (sec. 244) transfers authorities and
functions of ACDA and the Director of ACDA to the Department
of State and to the Secretary of State.
The Senate amendment (sec. 1203) is similar.

[[Page H2016]]

The conference substitute (sec. 224) is based on the House
bill.
Conforming amendments
The House bill (sec. 225) makes conforming amendments to
other provisions of the Arms Control and Disarmament Act.
The Senate amendment (sec. 1205) is similar.
The conference substitute (sec. 225) is based on the House
bill.
Authorization of appropriations
The Senate amendment (sec. 1204) makes a conforming
amendment to the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
The House bill has no comparable provision.
The conference substitute is identical to the House bill.

TITLE III--UNITED STATES INFORMATION AGENCY

Effective date
The House bill (sec. 301) provides that this title and the
amendments made by this title (other than section 321) shall
take effect on March 1, 1997, or on an earlier date announced
by the President in the Federal Register, which date may be
not earlier than 60 calendar days (excluding any days on
which either House of Congress is not in session because of a
sine die adjournment) after the President has submitted a
reorganization plan to the appropriate committees of Congress
pursuant to section 321. Section 321 shall take effect on the
date of enactment.
The Senate amendment (sec. 1329) provides that this title
and the amendments made by this title shall take effect in
the event that the President does not transmit to Congress
within six months of the date of enactment a reorganization
plan meeting the objectives of section 1501(a)(2) of the
Senate bill.
The conference substitute (sec. 301) is similar to the
House bill.
Abolition of United States Information Agency
The House bill (sec. 311) abolishes USIA.
The Senate amendment (sec. 1301) is substantially
identical.
The conference substitute (sec. 311) is identical to the
House bill.
Transfer of functions to Secretary of State
The House bill (sec. 312) transfers to the Secretary of
State all functions of the Director of USIA and of USIA.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 312) is similar to the
House bill, but includes a special provision governing
transfer of the Broadcasting Board of Governors to the
Department of State.
Reorganization plan
The House bill (sec 321) provides that, not later than
March 1, 1996, the President, in consultation with the
Secretary of State and the Director of USIA, shall submit a
reorganization plan to the appropriate committees of
Congress. The plan is to provide for the abolition of USIA;
the transfer of USIA's functions and personnel to the
Department of State; and the consolidation, reorganization,
and streamlining of the Department of State upon the transfer
in order to carry out the transferred functions. The plan is
to identify the functions of USIA that are to be transferred;
the personnel and positions of USIA and the Department that
are to be transferred, separated, or eliminated; specify the
consolidations and reorganizations within the Department that
will be required; specify the funds available to USIA that
will be transferred; specify the proposed allocations within
the Department of unexpended funds that are to be transferred
from USIA; and specify the proposed disposition of the
property, facilities, contracts, records, and other assets
and liabilities of USIA.
The Senate amendment (sec. 1604) provides that, in the
event that the President does not transmit to Congress within
six months of the date of enactment a reorganization plan
meeting the objectives of section 1501(a)(2) of the Senate
amendment, the President shall, in consultation with the
Secretary of State, transmit a reorganization plan with
respect to USIA to the appropriate committees of Congress.
The plan is to provide for substantially the same matters as
the plan submitted under the House bill. A plan transmitted
under this section shall become effective after 90 calendar
days of continuous session of Congress, unless Congress
enacts a joint resolution disapproving the plan. The Senate
amendment further requires a reduction in employees and in
funds available for salaries and expenses in the event that a
plan transmitted under this section takes effect.
The conference substitute (sec. 601) is similar to the
House bill, except that the plan is to be submitted not later
than October 1, 1996. In addition, the requirement for
submission of the plan shall not apply if the President
exercises the waiver authority of section 602 of the
conference substitute with respect to USIA. A plan submitted
pursuant to this section may be modified by the President on
the basis of consultations with the appropriate congressional
committees. A plan submitted pursuant to this section shall
become effective on the earlier of March 1, 1997, or such
date as the President shall determine to be appropriate and
announce by notice published in the Federal Register.
Principal officers
The House bill (sec. 322) amends the State Department Basic
Authorities Act to establish the new positions within the
Department of State of Under Secretary for Public Diplomacy,
Assistant Secretary for Academic Programs and Cultural
Exchanges, and Assistant Secretary for Information, Policy,
and Programs. Both assistant secretaries shall report to the
under secretary.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 313) amends the State
Department Basic Authorities Act to establish within the
Department of State the position of Under Secretary for
Public Diplomacy, but does not establish any assistant
secretary positions.
References
The House bill (sec. 341) provides that any reference in
any statute or other official document or proceeding to the
Director of USIA shall be deemed to refer to the Secretary of
State, and any reference to USIA shall be deemed to refer to
the Department of State.
The Senate amendment (sec. 1302) is virtually identical.
The conference substitute is identical to the Senate
amendment.
Abolition of Office of Inspector General of the United States
Information Agency and transfer of functions to Office of
Inspector General of the Department of State
The House bill (sec. 342) abolishes the Office of
Inspector General of USIA, and transfers the functions of
that Office to the Office of Inspector General of the
Department of State.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 502) is virtually identical
to the House bill.
Amendments to title 5
The House bill (sec. 343) makes conforming amendments to
title 5 of the United States Code.
The Senate amendment (sec. 1303) is identical.
The conference substitute (sec. 322) is identical.
Amendments to United States Information and Educational
Exchange Act of 1948
The House bill (sec. 344) makes conforming amendments to
the United States Information and Educational Exchange Act of
1948.
The Senate amendment (sec. 1304) is similar.
The conference substitute (sec. 323) is similar.
Amendments to the Mutual Educational and Cultural Exchange
Act of 1961 (Fulbright-Hays Act)
The House bill (sec. 345) makes conforming amendments to
the Mutual Educational and Cultural Exchange Act of 1961.
The Senate amendment (sec. 1305) is similar.
The conference substitute (sec. 324) is similar.
International broadcasting activities
The House bill (sec. 346) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995, and to title 5 of the United States Code.
The Senate amendment (sec. 1306) is similar.
The conference substitute (sec. 325) is similar.
Television broadcasting to Cuba
The House bill (sec. 347) makes conforming amendments to
the Television Broadcasting to Cuba Act.
The Senate amendment (sec. 1307) is similar.
The conference substitute (sec. 326) is similar.
Radio broadcasting to Cuba
The House bill (sec. 348) makes conforming amendments to
the Radio Broadcasting to Cuba Act.
The Senate amendment (sec. 1308) is similar.
The conference substitute (sec. 327) is similar.
National Endowment for Democracy
The House bill (sec. 349) makes conforming amendments to
Public Law 98-164.
The Senate amendment (sec. 1309) is similar.
The conference substitute (sec. 328) is similar.
United States Scholarship Program for Developing Countries
The House bill (sec. 350) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987.
The Senate amendment (sec. 1310) is similar.
The conference substitute (sec. 329) is similar.
Fascell Fellowship Board
The House bill (sec. 351) makes conforming amendments to
the Fascell Fellowship Act.
The Senate bill contains no comparable provision.
The conference substitute (sec. 330) is identical to the
House bill.
National Security Education Board
The House bill (sec. 352) makes conforming amendments to
the Intelligence Authorization Act, Fiscal Year 1992.
The Senate amendment (sec. 1311) is similar.
The conference substitute (sec. 331) is identical to the
Senate amendment.
Center for Cultural and Technical Interchange Between North
and South
The House bill (sec. 353) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993.

[[Page H2017]]

The Senate amendment (sec. 1312) is identical.
The conference substitute (sec. 332) is identical.
East-West Center
The House bill (sec. 354) makes conforming amendments to
the Mutual Security Act of 1960.
The Senate amendment (sec. 1313) is identical.
The conference substitute (sec. 333) is identical.
Mission of the Department of State
The House bill (sec. 334) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Year 1979.
The Senate amendment (sec. 1314) is similar.
The conference substitute (sec. 334) is similar.
Consolidation of administrative services
The House bill (sec. 356) makes conforming amendments to
the State Department Basic Authorities Act.
The Senate amendment (sec. 1315) is similar.
The conference substitute (sec. 335) is similar.
Grants
The House bill (sec. 357) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993.
The Senate amendment (sec. 1316) is similar.
The conference substitute (sec. 336) is similar.
Ban on domestic activities
The House bill (sec. 358) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987.
The Senate amendment (sec. 1317) is similar.
The conference substitute (sec. 337) is similar.
Conforming repeal to the Arms Control and Disarmament Act
The House bill (sec. 359) makes a conforming amendment to
the Arms Control and Disarmament Act.
The Senate amendment (sec. 1318) is identical.
The conference substitute (sec. 338) is identical.
Repeal relating to procurement of legal services
The House bill (sec. 360) makes a conforming amendment to
the State Department Basic Authorities Act.
The Senate amendment (sec. 1319) is identical.
The conference substitute (sec. 339) is identical.
Repeal relating to payment of subsistence expenses
The House bill (sec. 361) makes a conforming amendment to
the State Department Basic Authorities Act.
The Senate amendment (sec. 1320) is identical.
The conference substitute (sec. 340) is identical.
Conforming amendment to the SEED Act
The House bill (sec. 362) makes a conforming amendment to
the Support for East European Democracies Act of 1989.
The Senate amendment (sec. 1321) is identical.
The conference substitute (sec. 341) is identical.
International Cultural and Trade Center Commission
The House bill (sec. 363) makes conforming amendments to
the Federal Triangle Development Act.
The Senate amendment (sec. 1322) is similar.
The conference substitute (sec. 342) is similar.
Foreign Service Act of 1980
The House bill (sec. 364) makes conforming amendments to
the Foreign Service Act of 1980.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Au Pair programs
The House bill (sec. 365) makes a conforming amendment to
the Eisenhower Exchange Fellowship Act of 1990.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Exchange program with countries in transition from
totalitarianism to democracy
The House bill (sec. 366) makes conforming amendments to
the National and Community Service Act of 1990.
The Senate amendment (sec. 1324) is identical.
The conference substitute (sec. 344) is identical.
Edmund S. Muskie Fellowship Program
The House bill (sec. 367) makes conforming amendments to
the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993.
The Senate amendment (sec. 1324) is similar.
The conference substitute (sec. 345) is similar.
Implementation of Convention on Cultural Property
The House bill (sec. 368) makes conforming amendments to
the Convention on Cultural Property Implementation Act.
The Senate amendment (sec. 1326) is identical.
The conference substitute (sec. 346) is identical.
Mike Mansfield Fellowships
The House bill (sec. 369) makes conforming a amendment to
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
The Senate amendment (sec. 1327) is similar.
The conference substitute (sec. 347) is similar.
Other laws referenced in Reorganization Plan No. 2 of 1977
The Senate amendment (sec. 1323) makes conforming
amendments to various public laws referenced in
Reorganization Plan No. 2 of 1977.
The House bill contains no comparable provision.
The conference substitute (sec. 343) is identical to the
Senate amendment.
United States Advisory Committee for Public Diplomacy
The Senate amendment (sec. 1328) makes conforming
amendments to the United States Information and Educational
Exchange Act of 1948.
The House bill contains no comparable provision.
The conference substitute (sec. 348) is identical to the
Senate amendment.

TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT

Effective date
The House bill (sec. 401) provides that this title and the
amendments made by this title (other than section 421) shall
take effect on March 1, 1997, or on an earlier date announced
by the President in the Federal Register, which date may be
not earlier than 60 calendar days (excluding any days on
which either House of Congress is not in session because of a
sine die adjournment) after the President has submitted a
reorganization plan to the appropriate committees of Congress
pursuant to section 421. Section 421 shall take effect on the
date of enactment.
The Senate amendment (sec. 1412) provides that this title
and the amendments made by this title shall take effect in
the event that the President does not transmit to Congress
within six months of the date of enactment a reorganization
plan meeting the objectives of section 1501(a)(2) of the
Senate bill.
The conference substitute (sec. 401) is similar to the
House bill.
References in title
The House bill (sec. 402) states that, except as otherwise
provided, the references in this title to provisions of law
shall be considered references to the Foreign Assistance Act
of 1961.
The Senate amendment (sec. 1401(b)) is similar to the House
bill.
The conference substitute contains no comparable provision.
Abolition of Agency for International Development
The House bill (sec. 411) abolishes AID and the United
States International Development Cooperation Agency.
The Senate amendment (sec. 1401(a)) is similar to the House
bill.
The conference substitute (sec. 411) is similar to the
House bill, but states that the abolition of AID shall not be
interpreted to apply to the Overseas Private Investment
Corporation.
Transfer of functions to Secretary of State
The House bill (sec. 412) transfers to the Secretary of
State all functions of the Administrator of AID and of AID.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 412) is identical to the
House bill.
Reorganization plan
The House bill (sec 421) provides that, not later than
March 1, 1996, the President, in consultation with the
Secretary of State and the Director of AID, shall submit a
reorganization plan to the appropriate committees of
Congress. The plan is to provide for the abolition of AID;
the transfer of AID's functions and personnel to the
Department of State; and the consolidation, reorganization,
and streamlining of the Department of State upon the transfer
in order to carry out the transferred functions. The plan is
to identify the functions of AID that are to be transferred;
the personnel and positions of AID and the Department that
are to be transferred, separated, or eliminated; specify the
consolidations and reorganizations within the Department that
will be required; specify the funds available to AID that
will be transferred; specify the proposed allocations within
the Department of unexpended funds that are to be transferred
from AID; and specify the proposed disposition of the
property, facilities, contracts, records, and other assets
and liabilities of AID.
The Senate amendment (sec. 1605) provides that, in the
event that the President does not transmit to Congress within
six months of the date of enactment a reorganization plan
meeting the objectives of section 1501(a)(2) of the Senate
amendment, the President shall, in consultation with the
Secretary of State, transmit a reorganization plan with
respect to AID to the appropriate committees of Congress. The
plan is to provide for substantially the same matters as the
plan submitted under the House bill. A plan transmitted under
this section shall become effective after 90 calendar days

[[Page H2018]]

of continuous session of Congress, unless Congress enacts a
joint resolution disapproving the plan. The Senate amendment
further requires a reduction in employees and in funds
available for salaries and expenses in the event that a plan
transmitted under this section takes effect.
The conference substitute (sec. 601) is similar to the
House bill, except that the plan is to be submitted not later
than October 1, 1996. In addition, the requirement for
submission of the plan shall not apply if the President
exercise the waiver authority of section 602 of the
conference substitute with respect to AID. A plan submitted
pursuant to this section may be modified by the President on
the basis of consultations with the appropriate congressional
committees. A plan submitted pursuant to this section shall
become effective on the earlier of March 1, 1997, or such
date as the President shall determine to be appropriate and
announce by notice published in the Federal Register.
Principal officers
The House bill (sec. 422) amends the State Department Basic
Authorities Act to establish the new position within the
Department of State of Under Secretary for Development and
Economic Affairs.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 413) is similar to the
House bill, but designates the new under secretary as the
Under Secretary for Development and for Economic and
Commercial Affairs.
The committee of conference intends the Under Secretary for
Development and for Economic and Commercial Affairs to be
responsible for, inter alia, the administration of funds
under the Sustainable Development, Development Fund for
Africa, SEED, FREEDOM Support, ESF, Disaster, Housing
Guarantee, Small and Micro-enterprise, PL-480 Titles II &
III, American Schools and Hospitals Abroad, and International
Fund for Ireland accounts. The committee of conference
intends this list of accounts to be the minimum number of
accounts administered by the Under Secretary. Should the
Administration wish, the committee of conference would
welcome the movement of other foreign assistance programs
under the Under Secretary's administration.
References
The House bill (sec. 441) provides that any reference in
any statute or other official document or proceeding to the
Administrator of AID shall be deemed to refer to the
Secretary of State, and any reference to AID shall be deemed
to refer to the Department of State.
The Senate amendment (secs. 1402 and 1411) is similar.
The conference substitute (sec. 421) is similar.
Abolition of Office of Inspector General of the Agency for
International Development and transfer of functions to
Office of Inspector General of the Department of State
The House bill (sec. 442) abolishes the Office of Inspector
General of AID, and transfers the functions of that Office to
the Office of Inspector General of the Department of State.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 414) is similar to the
House bill.
Abolition of Chief Financial Officer of the Agency for
International Development and transfer of functions to
Chief Financial Officer Department of State
The House bill (sec. 443) abolishes the Office of Chief
Financial Officer of AID, and transfers the functions of that
Office to the Office of Chief Financial Officer of the
Department of State.
The Senate bill (sec. 1410) abolishes the Office of Chief
Financial Officer of AID.
The conference substitute (sec. 415) is similar to the
House bill.
Amendments to title 5, United States Code
The House bill (sec. 444) makes conforming amendments to
title 5 of the United States Code.
The Senate bill (sec. 1408) is similar.
The conference substitute (sec. 427) is similar.
Public Law 480 Program
The House bill (sec. 445) makes conforming amendments to
the Agricultural Trade Development and Assistance Act of
1954.
The Senate substitute (sec. 1407) is similar.
The conference substitute (sec. 426) is similar.
Exercise of functions by the Secretary of State
The Senate amendment (sec. 1403) makes conforming
amendments to the Foreign Assistance Act.
The House bill contains no comparable provision.
The conference substitute (sec. 422) is similar to the
Senate amendment.
Repeal of positions; employment and contracting authorities
Development Loan Committee
The Senate amendment (sec. 1405) makes conforming
amendments to the Foreign Assistance Act.
The House bill contains no comparable provision.
The conference substitute (sec. 424) is identical to the
Senate amendment.
Development Coordination Committee
The Senate amendment (sec. 1406) makes conforming
amendments to the Foreign Assistance Act.
The House bill contains no comparable provision.
The conference substitute (sec. 425) is identical to the
Senate amendment.
Trade Promotion Coordinating Committee
The Senate amendment (sec. 1409) makes conforming
amendments to the Export Enhancement Act of 1988.
The House bill contains no comparable provision.
The conference substitute (sec. 428) is identical to the
Senate amendment.
Additional conforming amendments
The conference substitute (sec. 429) contains additional
conforming amendments to various public laws.
The House bill and the Senate amendment do not contain
similar provisions.

TITLE V--TRANSITION

Reorganization of the Department of State and the Independent
Foreign Affairs Agencies
The Senate amendment (sec. 1501) provides that if the
President does not submit to Congress a reorganization plan
meeting specified objectives within six months of the date of
enactment, ACDA, USIA, and AID are to be abolished in
accordance with titles II, III, and IV of this Division. If
the President in fact submits such a plan in a timely
fashion, titles II, III, and IV do not come into effect. The
specified objectives of such a reorganization plan include
the streamlining and reorganization of the foreign affairs
agencies, and the achievement of $1.7 billion in savings over
five years calculated from an FY 1995 baseline. Not more than
30 percent of the savings is to be realized from reductions
in program levels, and not more than 15 percent may come from
the administrative expenses of the Department of State. A
reorganization plan transmitted pursuant to this section
shall take effect after 90 calendar days of continuous
session of Congress, unless Congress enacts a joint
resolution disapproving the plan.
The House bill contains no comparable provision.
The conference substitute (sec. 602) permits the President
to waive the applicability of two of the following three
titles of this Division: titles II, III, and IV. In order to
exercise this waiver, the President must include a
certification to the Congress in the reorganization plan that
is required by section 601 to be submitted to Congress no
later than October 1, 1996. In this certification, the
President must affirm that the reorganization plan he has
submitted pursuant to section 601 will achieve savings of
$1.7 billion in budget authority over the four-year period of
1996-1999, with not more than 30 percent of the savings
realized from reductions in program levels. The President
must also certify that the plan conforms to the authorization
levels for agency operating expenses for the years 1996-1999
set forth in Division B. Inasmuch as the authorization levels
for agency operating expenses for those years dictate
approximately $1.3 billion in savings from the 1995 level,
and the remaining $500 million of the required $1.7 billion
in savings can come from program cuts, the first two elements
of the President's certification are intended to be
complementary. Finally, the President must certify that
preservation of any agency that otherwise would be abolished
is important to the national interest of the United States.
Reorganization authority
The House bill (sec. 501) authorizes the Secretary of State
to allocate or reallocate functions transferred to the
Department among the officers of the Department, and to
establish, consolidate, alter, or discontinue organizational
entities within the Department as necessary to carry out any
reorganization under this Division. This authority does not
extend to the abolition of organizational entities or offices
established by law, or to the alteration of any delegation of
functions required by law. A reorganization plan prepared
pursuant to this Division may not have the effect of creating
a new department or agency, continuing functions beyond the
period authorized by law, authorizing the exercise of
functions not otherwise authorized by law, or increasing the
term of an office beyond that provided by law. Any such
reorganization plan shall provide for a twenty-percent
reduction applicable to each of the first two fiscal years
after implementation of such plan in the total level of
expenditures for the functions transferred to the Department
of State from the amounts appropriated for such transferred
functions for fiscal year 1995.
The Senate amendment (sec. 1606) specifies requirements and
limitations applicable to reorganization plans transmitted
pursuant to this Division.
The conference substitute (sec. 611) is similar to the
House bill, but omits the requirement that a reorganization
plan transmitted pursuant to this Division provide for a
twenty-percent reduction in expenditures following the
transfer of functions to the Department of State.
Transfer and allocation of appropriations and personnel
The House bill (sec. 502) provides that personnel, assets,
liabilities, contracts, property, records, and unexpended
appropriations balances of abolished agencies shall be
transferred to the Secretary of State. Unexpended and
unobligated funds that are so transferred shall be used only
for the purposes for which they were originally authorized
and appropriated. When an agency is abolished, the

[[Page H2019]]

limit on the number of members of the foreign service that
may be employed by that agency shall be added to the limit
for the Department of State.
The Senate amendment (sec. 1612) is similar.
The conference substitute (sec. 612) is identical to the
House bill.
Incidental transfers
The House bill (sec. 503) provides that the Director of the
Office of Management and Budget, in consultation with the
Secretary of State, is authorized to make such incidental
dispositions of personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations
as may be necessary to carry out this Division.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 613) is identical to the
House bill.
Effect on personnel
The House bill (sec. 504) provides that personnel holding
Executive Schedule positions who are transferred to the
Department of State shall continue to be compensated at a
rate not less than that of their previous position. Positions
whose incumbents are appointed by the President and confirmed
by the Senate, the functions of which are transferred, shall
terminate upon the transfer. Employees in the career Senior
Executive Service transferred pursuant to any title of this
Division shall be placed a position at the Department of
State comparable to the position previously held by the
employee. Transferring employees shall be provided reasonable
notice of new positions and assignments prior to their
transfer pursuant to any title of this Division. Foreign
service personnel transferred to the Department of State
pursuant to any title of this Division shall be eligible for
any assignment open to foreign service personnel within the
Department for which they are qualified.
The Senate amendment (sec. 1611) is similar.
The conference substitute (sec. 614) is based on the House
bill.
Savings provisions
The House bill (sec. 505) provides that all orders, rules,
regulations, agreements, contracts, and other administrative
actions of the agencies abolished under this Division shall
remain in effect according to their terms. Pending
proceedings shall not be affected by the transfer of
functions of the abolished agencies to the Department of
State.
The Senate amendment (sec. 1619) is similar.
The conference substitute (sec. 616) is identical to the
House bill.
Property and facilities
The House bill (sec. 506) provides that the Secretary of
State shall review the property and facilities transferred to
the Department to determine whether they are required by the
Department.
The Senate amendment (sec. 1614) is similar.
The conference substitute (sec. 617) is based on the House
bill.
Authority of Secretary to facilitate transition
The House bill (sec. 507) authorizes the Secretary of State
to utilize the services of employees and the funds of the
agencies that are to be abolished pursuant to this Division
in order to facilitate the transfer of functions to the
Department.
The Senate amendment (sec. 1621) is similar.
The conference substitute (sec. 618) is based on the House
bill.
Recommendations for additional conforming amendments
The House bill (sec. 508) urges the President to submit
recommendations for additional technical and conforming
amendments to reflect the changes made by this Division.
The Senate amendment (sec. 1622) is similar.
The conference substitute (sec. 619) is based on the House
bill.
Final report
The House bill (sec. 509) provides that, not later than
October 1, 1998, the President, in consultation with the
Secretary of the Treasury and the Director of the Office of
Management and Budget, shall submit to the appropriate
congressional committees a final accounting of the finances
of the abolished agencies.
The Senate amendment (sec. 1623) is similar.
The conference substitute (sec. 620) is based on the House
bill.
Transfer of function
The House bill (sec. 510) provides that any determination
as to whether a transfer of function carried out under this
Division constitutes a transfer of function for purposes of
subchapter I of chapter 35 of title 5 of the United States
Code shall be made without regard to whether the function
transferred is identical to functions already performed by
the receiving agency.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 621) is identical to the
House bill.
Severability
The House bill (sec. 511) provides that if any provision of
this Division is held invalid, the remainder of the Division
shall not be affected.
The Senate bill (sec. 1620) is similar.
The conference substitute (sec. 622) is identical to the
House bill.
Amendments or modification to reorganization plans
The Senate amendment (sec. 1607) permits the President to
submit to Congress amendments to reorganization plans
previously submitted pursuant to this Division.
The House bill contains no comparable provision.
The conference substitute (sec. 601(d)) permits the
President to modify or revise a reorganization plan
transmitted to the Congress.
Procedures for congressional consideration of reorganization
plans
The Senate amendment (sec. 1608) establishes procedures for
expedited congressional consideration of a reorganization
plan transmitted pursuant to this Division. Under these
procedures, if a joint resolution were enacted disapproving a
reorganization plan, that plan would not take effect.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
The committee of conference concluded that expedited
procedures for congressional resolutions to disapprove
reorganization plans are unnecessary for two reasons. First,
the timetable under section 601 for submission by the
President to Congress of a reorganization plan ensures that
Congress will have ample time to consider and comment on the
plan. The committee of conference is confident that the
President will not seek to implement any portions of a
reorganization plan that are strongly opposed by the
committees of jurisdiction. Second, no provision of this
Division is intended to render inapplicable to a
reorganization pursuant to this Division the existing
requirements for notice to Congress of program changes. The
availability of the reprogramming procedures will, in the
judgment of the committee of conference, provide ample
insurance against ill-advised reorganization decisions. The
mechanism provided by section 601(d) of the conference
substitute, which permits the President to modify a
reorganization plan after its submission and before its
implementation, is intended to enable the President to
respond to congressional comments on such plans and
congressional holds placed on reprogramming notifications
submitted in connection with such plans.
Transition fund
The Senate amendment (sec. 1609) establishes a transition
fund to assist in meeting costs associated with
reorganization pursuant to this Division.
The House bill contains no comparable provision.
The conference substitute (sec. 615) is similar to the
Senate amendment.
Voluntary separation incentives
The Senate amendment (sec. 1610) authorizes the payment of
voluntary separation incentives to employees of the foreign
affairs agencies in order to avoid or minimize the need for
involuntary separations.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Effect on contracts and grants
The Senate amendment (sec. 1618) imposes significant
restrictions on the ability of ACDA, USIA, and AID to enter
new contracts, extend existing contracts, or make grants that
will extend past the date of abolition of the agency.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.

title vi--reorganization of united states export promotion and trade
activities

Plan for reorganization of United States export promotion and
trade activities
The House bill (sec. 601) provides that the Trade Policy
Coordinating Committee shall submit a report to the Committee
on International Relations of the House and the Committee on
Foreign Relations of the Senate not later than March 1, 1996,
detailing what steps are being taken and what steps should be
taken to improve accessibility and coordination among the
trade promotion agencies of the U.S. Government. The report
shall identify such matters as the function and budget of all
U.S. Government agencies with some responsibility for trade
promotion, the amount of exports directly generated by each
such agency, and areas where greater interoperability and
efficiencies could be achieved. The report shall include a
plan to reorganize the trade and export promotion agencies,
with any necessary legislative changes, in order to more
efficiently promote trade and reduce costs.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.

Foreign Relations Authorizations

title xi--authorization of appropriations

Of the House bill sections included in the final conference
report, the House bill authorizes a total of $6,716,742,000
for fiscal year 1996 and $6,157,431,000 for fiscal year 1997,
for the Department of State, AID, USIA and ACDA.
Of the Senate amendment sections included in the final
conference report, the Senate amendment authorizes a total of
$6,301,796,000 for fiscal year 1996 and $5,970,429,000 for
fiscal year 1997.
The conference substitute authorizes a total of
$6,524,131,000 for fiscal year 1996 and

[[Page H2020]]

$ 6,518,385,000 for fiscal year 1997. The conference
substitute incorporates the following sub-authorizations:
(1) $11,900,000 for fiscal year 1997 for administrative
expenses of the bureau charged with carrying out refugee
programs.
(2) $80,000,000 for each fiscal year for refugees
resettling in Israel.
(3) $1,500,000 for each fiscal year for Burmese refugees.
While this bill includes four year authorizations for
certain operating accounts of the foreign affairs agencies,
this conference report in most respects is a two-year
authorization bill. The authorizing Committees plan to pass
another authorization bill for fiscal years 1998 and 1999.
The committee of conference do not intend that any
provision in this bill could be used as an authorization of
foreign assistance in the meaning of Section 518(a) of P.L.
104-107, the Foreign Operations Appropriations Act for Fiscal
Year 1996.
Merged accounts. The conference substitute authorizes the
merger of the Inspector General of the Department of State
and the Inspector General of the U.S. Information Agency.
This merger should be completed in fiscal year 1996 and
accordingly, the conference substitute merges the two
separate authorization of appropriations under the Inspector
General for the Department of State.
Exchange programs. The committee of conference did not
include soft earmarks as in previous years for South Pacific
Exchanges, East Timorese exchanges, Cambodian scholarships,
and Tibetan exchanges. However, the committee of conference
lists these programs under the category of ``Other
Exchanges'' and recommends that funds be allocated to support
each of these specific exchange programs. The inclusion of
these programs under ``Other Programs'' should not be
construed as an indication of a diminution in support for
these programs, or a justification for funding levels
disproportionately lower than the House-passed
authorizations.
South Pacific exchanges. The committee of conference
recognizes the unique and important function fulfilled by the
South Pacific Exchange program. It is a relatively small
program funded at $900,000 in the fiscal years 1994 and 1995,
which promotes better understanding with the people of a
region that has not always been given the attention it
deserves in the implementation of U.S. foreign policy.
Fulbright. The committee of conference believes that USIA
should require open competitions for the Administration of
the Fulbright program and other scholar exchange programs.
Such competitions encourage cost savings and remove
unnecessary bureaucratization of scholar recruitment,
selection, and placement.
Section 1101(2)(b) requires that $11.9 million in fiscal
year 1997 authorized for salaries and expenses must be
available for the salaries and expenses of the bureau that
administers Refugee and Migration Assistance. This restores,
effective in fiscal year 1997, a provision of the Foreign
Relations Authorization Act for Fiscal Years 1994 and 1995
(P.L. 103-236).
The House bill (sec. 1101 (1)) authorized $5 million for
visa processing outside the countries of origin of persons
who would have a credible fear of persecution in such
countries. The committee of conference agreed to drop this
limitation in deference to a suggestion by the Department of
State that $5 million may be more than the amount necessary
to process such applications.
The committee of conference notes that a number of persons
who have been determined to be currently eligible to apply
for immigrant visas have been displaced and uprooted from
their homes as a result of war, violent civil disturbance or
systematic abuse of human rights in their native countries.
The committee of conference expects that the Department will
process the immigrant visa applications of such persons in
the country in which they are physically present so long as
they expect to remain in that country for the period required
to process those applications. Processing of such displaced
applicants outside their native lands is in accordance with
the original intent of the framers of 8 U.S.C. Sec. 1152, who
took ``cognizance of the unprecedented number of persons who
have been uprooted and dislocated during World War II or due
to events subsequent thereto. The amendment is designed to
alleviate hardship which might be caused by a rigid
requirement that visa applications ``shall be filed only with
the consular officer in whose district the applicant shall
have established his residence.'' H.R. Rep. No. 1365, 2d
Sess. (1952), reprinted in 1952 U.S.C.C.A.N. 1663, 1708-09.
The conferees share the view that a requirement that a
displaced person return to his or her country of origin in
such circumstances would constitute an undue burden on the
issuance of his or her immigrant visa. In this connection,
the conferees note that the United States Court of Appeals
for the District of Columbia Circuit has recently held that
the State Department's refusal to process the immigrant visa
applications of Vietnamese asylum seekers in Hong Kong
violates the provision of 8 U.S.C. Sec. 1152(a) that ``[n]o
person shall * * * be discriminated against in the issuance
of an immigrant visa because of his * * * nationality.''
Legal Assistance for Vietnamese Asylum-Seekers v. United
States Department of State, 45 F.3d 469 (D.C. Cir. 1995).
UNDP Activities in Burma. The House bill (sec
2102(a)(2)(I)) provides that any United States voluntary
contribution to the United Nations Development Program (UNDP)
would be limited in each fiscal year to $70 million, minus
the amount UNDP has announced that it plans to spend on
programs and activities in or for Burma ($18,200,000 for
fiscal year 1996 and $25,480,000 for fiscal year 1997),
unless UNDP discontinued all of its activities in and for
Burma.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1102 (e)) is similar to the
House provision, except that the limitation for fiscal year
1997 is identical to the limitation in fiscal year 1996.
Also, the limitation in each fiscal year may be waived if the
President certifies that all UNDP programs and activities in
and for Burma are focused on the needs of the poor; are
undertaken only through private voluntary organizations
independent of the State Law and Order Restoration Council
(SLORC); provide no benefit to the SLORC; and are supported
by the democratic leadership of Burma.
Section 431 of the Foreign Relations Authorization Act for
Fiscal Years 1994 and 1995 provided that $27.6 million of the
funds made available for UNDP for FY 1995 would be available
only in certain strictly defined circumstances. The
Department of State, acting on behalf of the President,
released the $27.6 million pursuant to a certification that
UNDP had met the statutory test of having ``initiated no new
programs and no new funding for existing programs'' in and
for Burma since the 1993 meeting of the UNDP Governing
Council. The Memorandum of Justification accompanying the
certification stated that UNDP had not initiated or approved
any new programs ``beyond those contemplated in the June 1993
[UNDP] Governing Council decision.'' The language of section
431, however, made no reference to projects ``contemplated''
in the 1993 decision. Rather, it required a finding of no new
programs or funding ``since the [1993] meeting.'' The
Memorandum also seemed to interpret section 431 as
prohibiting release of the money only if UNDP had initiated
or funded new ``types'' of projects.
The present provision is intended to clarify and give
effect to the purpose of the fiscal 1995 limitation.
Refugees and migration. Section 1104(a)(4) authorizes funds
for fiscal year 1996 for admission and resettlement of
certain Southeast Asian refugees who are in the high-risk
categories identified by the ``Lautenberg Amendment''. These
categories include those who served with U.S. forces in
Vietnam or were in the former government of South Vietnam, or
are considered to be religious refugees, or who are members
of the Hmong ethnic minority from Laos.
Subsection (b) prohibits expenditures on programs involving
repatriation to Vietnam, Laos, or Cambodia unless the
remaining asylum seekers have been or will be interviewed by
U.S. immigration officers, and unless resettlement offers
have been or will be made to those found to be refugees under
U.S. immigration standards under current law. The House-
passed provision was modified in conference to make it clear
that the refugee status interviews can, under certain
circumstances, be held in the asylum seeker's country of
origin. The committee of conference expects that interviews
in the country of origin would take place only if diligent
efforts to secure permission from first asylum countries for
interviews in such countries had proved unavailing, and that
arrangements would be made to ensure the safety of returnees
pending the completion of the interview and resettlement
process.
The committee of conference notes that the authorization of
$1.5 million for each fiscal year for humanitarian assistance
for persons displaced by civil conflict in Burma is directed
at both those displaced within Burma and those persons now
outside of Burma. During the past year, the refugee
population along the Thai/Burma border has increased from
approximately 77,000 to over 93,000, representing one of the
largest influxes in any period since relief efforts began in
1984. Due primarily to the attack on Manerplaw, the
headquarters of the Karen National Union and the seat of the
exiled democracy movement, which occurred in early 1995, this
increase illustrates the uncertainty of the current
situation.
On the one hand, SLORC has negotiated, or is in the process
of negotiating, cease-fire agreements with nearly all the
ethnic groups. A large portion of the Mon refugee population
has repatriated over the past few months. On the other hand,
the situation on the ground does not seem to have improved.
Attacks on the Karen and Karenni go on today despite cease-
fire agreements and negotiations. New refugees continue to
arrive with reports of human rights abuses, forced labor and
relocation and hundreds of thousands remain displaced within
Burma.
In this unstable and unpredictable climate, humanitarian
assistance to the over 93,000 along the border remains
critical. Whether people stay in Thailand or go back to Burma
they will be in need of support. Assistance in the form of
food, health services and education should continue to be
made available to refugees and displaced inside Burma and
along the border. Further, funds should be provided to NGOs
operating in the border areas in order to conduct assessments
of the project planning and management capacity of the ethnic
leadership and to develop and implement capacity-building and
vocational training courses for appropriate refugee community
members. Funds should also be made available for the
subsistence and education of Burmese students in Thailand,
regardless of their place of residence.

[[Page H2021]]

Broadcasting. Section 1106(4)(B) of the conference
substitute is designed to ensure that U.S. non-military
international broadcasting resources are deployed where they
are most needed. In recent years, for instance, the
broadcasts to Iran carried out by the Voice of America Farsi
Service have declined, despite the continued prohibition
within Iran of objective news and the free expression of
opinions. In contrast, broadcasting services to countries
that do enjoy wide and diverse sources of news and opinion,
such as the Voice of America broadcasts into Ethiopia, may
have outlived their usefulness and should be considered for
elimination.

Authorities and Activities

Department of State Rewards Program
The House bill (sec. 2201) rewrites the Department of State
rewards program to update this important tool used for
capturing fugitives abroad in cases of terrorism and
narcotics related offenses.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1201) is similar to the
House bill but deletes the use of fees collected from issuing
machine readable visas as a possible source of funds to pay
rewards. It suggests that foreign assets frozen in the U.S.
and controlled by the Department of Treasury could be used as
an additional means by which to fund the rewards program.
Buying power maintenance account
The House bill (sec. 2203) permits the transfer of expired,
unobligated balances into no-year Buying Power Maintenance
Account, subject to compliance with congressional
reprogramming requirements. The Department maintains that
paragraph (D), which makes such transfers subject to advance
appropriations, is unnecessary and has made the transfer
authority unworkable. Striking paragraph (D) enables the
Department to transfer expiring balances with greater
flexibility.
The Senate amendment (sec. 125) is virtually identical
except for drafting differences.
The conference substitute (sec. 1202) is the same as the
House provision.
Expenses relating to certain international claims and
proceedings
The House bill (sec. 2204) allows the Department to accept,
in certain cases, reimbursement from private sector claimants
for tribunal expenses, salaries, and other ordinary expenses.
The Senate amendment (sec. 130) is virtually identical.
The conference substitute (sec. 1203) is the same as the
House provision.
Consolidation of U.S. diplomatic missions and consular posts
The House bill (sec. 2205) requires the Secretary of State
to prepare a world wide plan for the consolidation on a
regional or area wide basis of U.S. missions and consular
posts abroad.
The Senate amendment (sec. 1103) is similar but it also
includes expedited procedures for Congressional disapproval
of the Secretary's plan to consolidate diplomatic posts
abroad.
The conference substitute omits the House and Senate
provisions.
Denial of passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of child support.
The House bill (sec. 2206) allows the Secretary to refuse
to issue a passport, or to revoke, restrict or limit a
passport in any case in which the Secretary of State
determines, or is informed by a competent authority, that the
applicant or passport holder is a noncustodial parent who is
the subject of an outstanding arrest for non payment of child
support.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1204) is identical to the
House provision.
Capital investment fund
The House bill (sec. 2207) amends section 135 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 2684a) to allow the Capital Investment Fund
to be used for the procurement and upgrade of information
technology and other related capital investments for the
Department of State and to ensure the efficient management,
coordination, operation, and utilization of such resources.
This amendment would allow the Department to pay for upgrades
of existing systems and purchase hardware or software to
ensure interoperability of State Department information
systems. This amendment also provides that the amounts
deposited into the Fund will remain available until expended
and that such amounts will be available for the purposes
defined in this section.
Section 135(e) is amended to eliminate as duplicative the
requirement that subjects money in the Fund to Congressional
reprogramming requirements before it is obligated. The
Department will follow reprogramming procedures when it
proposes to transfer monies into the Fund and will explain
potential uses of the Fund in its Congressional Presentation
Documents.
The Senate amendment (sec. 126) is similar but is drafted
differently.
The conference substitute (sec. 1206) is identical to the
Senate provision.
Efficiency in procurement
The House bill (sec. 2208) allows US agencies operating
overseas to participate in existing contracts rather than
being required to let new contracts for services.
The Senate amendment (sec. 129) is similar.
The conference substitute (sec. 1208) is identical to the
House provision.
Training
The House bill (sec. 2209) allows the Department of State
to provide training for employees of U.S. companies operating
overseas on a reimbursable basis. In addition, this section
allows the Department to provide foreign language training,
on a reimbursable basis to Members, officials and employees
of the U.S. Congress.
The Senate amendment (sec. 151) is similar but allows for
training of non-executive branch staff members on a
reimbursable, space available basis.
The conference substitute (sec. 1205) is identical to the
Senate provision.
Lease-purchase agreements
The Senate amendment (sec. 121) provides that when the
Department of State enters into lease-purchase agreements
involving property in foreign countries pursuant to section 1
of the Foreign Service Buildings Act (22 U.S.C. 292), budget
authority should be assessed on an annual basis over the
period of the lease in an amount equal to the annual lease
payments.
The House bill contains no comparable provision.
The conference substitute (sec. 1207) is identical to the
Senate provision.
U.S. Embassy building in Berlin, Germany
The Senate amendment (sec. 122) expresses a sense of
Congress that the Secretary of State should utilize the U.S.
government property in the vicinity of the Brandenburg Gate
in Berlin, Germany, as a site to build the U.S. embassy.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Fees for commercial services
The Senate amendment (sec. 123) allows fees collected for
commercial services provided to businesses to remain
available for obligation until expended. This authority will
ensure the Department does not lose funds collected late in a
fiscal year and that are not obligated by the end of that
year. This authority is subject to the availability of
appropriations.
The House bill contains no comparable provision.
The conference substitute (sec. 1208) is identical to the
Senate amendment.
Reporting requirements
The Senate amendment (sec. 124) amends a reporting
requirement and repeals one reporting requirement.
The House bill contains no comparable provision.
The conference substitute (sec. 1209) retains subsection
(a) to require the Secretary of State to provide a report on
all leases entered into for the acquisition of real property
to be submitted within 30 days after the end of each fiscal
year rather than after the end of each quarter of the fiscal
year. Subsection (b), the repeal of the reporting requirement
under 503(b) of the Foreign Relations Authorization Act (P.L.
95-426), was enacted in P.L. 104-66 and therefore dropped in
the substitute.
Administrative expenses
The Senate amendment (sec. 127) allows funds to be
available directly to other personnel assigned to bureaus
charged with carrying out the Migration and Refugee
Assistance Act of 1962.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Fee for use of diplomatic reception rooms
The Senate amendment (sec. 128) authorizes the Secretary of
State to charge a fee for use of the Department of State
diplomatic reception rooms. Such fees are deposited as an
offsetting collection to recover the costs of such use and
should remain available for obligation until expended. This
authority is subject to the availability of appropriations.
The House bill contains no comparable provision.
The conference substitute (sec. 1210) is identical to the
Senate amendment.
Diplomatic Telecommunications Service
The Senate amendment (sec. 131) amends section 507 of the
Department of State and Related Agencies Appropriations Act
(P.L. 103-317) to require the Secretary to provide funding
for the Diplomatic Telecommunications Service to sustain
current levels of support services for each succeeding fiscal
year. This amendment further prohibits any reprogramming or
transfers from such amounts in future years, and specifies
the current and future makeup of the Diplomatic
Telecommunications Service Program Office Board.
The House bill contains no comparable provision.
The conference substitute (sec. 1215) is identical to the
Senate amendment.
Diplomatic Telecommunications Service Program Office
The Senate amendment (sec. 132) designates the officials
that will comprise the Diplomatic Telecommunications Service
Policy Board, the management structure, and sets forth the
responsibilities of the officials on the Board.

[[Page H2022]]

The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
The committee of conference notes that the provision was
determined not to be necessary given that the agencies have
made progress toward establishing the management, leadership
and objectives of this interagency Board. Furthermore, the
respective committees intend to continue oversight over this
important activity and urge cooperation and not competition
in designing the future communications systems for U.S.
international facilities.
International center reserve funds
The Senate amendment (sec. 133) amends current law to allow
the Secretary of State to accrue and retain the interest
collected on the International Chancery Center reserve
account to be used to pay for maintenance and security costs,
subject to the availability of appropriated funds.
The House bill contains no comparable amendment.
The conference substitute (sec. 1211) is identical to the
Senate amendment.
Joint funds under agreements for cooperation in
environmental, scientific, cultural and related areas
The Senate amendment (sec. 134) authorizes the use of
interest on funds held under bilateral agreements for
scientific, cultural and technical cooperation to pay the
administrative and programmatic expenses of the funds,
subject to appropriations.
The House bill contains no comparable provision.
The conference substitute (sec. 1212) is identical to the
Senate amendment.
Antibribery study
The Senate amendment (sec. 136) requires the Secretary of
State, in consultation with other government officials, to
develop proposals to combat bribery in international business
transactions.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Budget Act compliance
The Senate amendment (sec. 137) makes the authorities in
Senate sections 121, 123, 125, 128, 130, 133, 134, 148, 161,
and 163 subject appropriations.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
The ``subject to appropriations'' language was added to each
of the Senate sections listed in the Senate amendment.
Fees for machine readable visas
The Senate amendment (sec. 163) authorizes the collection
and retention of fees not to exceed $150 million for each of
the fiscal years l996, l997, l998, and l999.
The House bill (sec. 2231) authorizes collection and
retention of not more than $250 million in fiscal years 1996
and 1997 to recover the costs of the border security program.
It also permits all countries to be subject to the fee.
The conference substitute (sec. 1231) authorizes the
collection and retention of not more than $150 million for
each fiscal l996 and l997 for the border security program as
defined in the House provision.
Fingerprint check requirement
The House bill (sec. 2232) modifies the fingerprint
requirement for immigrant visa applicants established in Sec.
505 of P.L. 103-317. The revision requires the fingerprinting
only of individuals 16 years or older who have at some time
been in the U.S. and have been determined to have a criminal
history.
The Senate amendment contained no comparable provision.
The conference substitute (sec. 1232) is similar to the
House bill with drafting changes. This provision is intended
to modify the current program to be more cost effective and
efficient by targeting those that would likely have a
criminal record in the U.S. The committee of conference
continues to have strong concerns about the cost-benefit of
the pilot program.
Use of passport processing fees for enhanced passport
services
The House bill (sec. 2233) requires 10% of funds generated
by the expedited passport fee be dedicated exclusively to
enhance passport services for U.S. citizens, improve
efficiency of the issuing process, improve the secure nature
of the document, investigate passport fraud, and deter entry
into the U.S. by criminal elements.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1233) is identical to the
House bill.
Consular officers
The Senate amendment (sec. 165) permits U.S. citizen
employees abroad who are not consular officers to perform
additional consular functions, including the issuance of
certificates of birth abroad, the authentications of foreign
documents, the administration of nationality provisions in
Title III of the Immigration and Nationality Act, and the
administration of oaths for patent purposes.
Section 127 of the Foreign Relations Authorization Act for
Fiscal Years 1994 and 1995, as amended by section (1)(mm)(2)
of P.L. 103-415, authorized the Secretary of State to
designate U.S. citizen employees abroad, other than consular
officers, to perform notarial and passport services, thereby
permitting more effective use of both consular officers and
non-consular officer employees abroad and creating the
opportunity to improve service to the public in the face of
consular officer staffing shortfalls. This provision will
further improve the efficiency of consular operations abroad.
The House bill (sec. 2234) is virtually identical.
The conference substitute (sec. 1234) is identical to the
Senate amendment.
Fee for diversity immigrant lottery
The Senate amendment (sec. 161) allows the Secretary of
State to collect and retain a fee to be paid by each
immigrant issued a visa under the diversity lottery program.
Fees are available for obligation until expended, and the
authority is subject to the availability of appropriations.
The House bill contains no comparable provision.
The conference substitute (sec. 1235) is similar to the
Senate amendment with a change made at the Administration's
request to clarify that all those who apply for immigrant
visas based on the diversity lottery selection pay a fee.
Fee for execution of passport applications
The Senate amendment (sec. 162) permits the Secretary of
State to authorize the U.S. Postal Service to retain passport
execution fees directly rather than being sent through the
Department of State to the U.S. Treasury. This will save the
Department of State (and the Postal Service) significant
resources required by the reconciliation procedures connected
with multiple transfer of these funds.
The House bill contains no comparable provision.
The conference substitute (sec. 1236) is identical to the
Senate amendment.
Children adopted abroad
The Senate amendment (sec. 164) expedites the processing of
an adoption of a foreign child by replacing in the
Immigration and Nationality Act the ``legitimate/
illegitimate'' distinction with ``wedlock/out of wedlock.''
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
The committee of conference notes this provision was passed
in P.L. 104-51.
Exclusion from the United States for membership in a
terrorist organization
The Senate amendment (sec. 166) amends the Immigration and
Nationality Act to deny a U.S. visa to a member of a
terrorist organization or who actively supports or advocates
terrorist activity. A terrorist organization is defined as an
organization that engages in or has engaged in terrorist
activity as determined by the Attorney General in
consultation with the Department of State.
The House bill contains no comparable provision.
The conference substitute (sec. 1237) is identical to the
Senate amendment.
Incitement as a Basis for Exclusion from the United States
The Senate amendment (sec. 167) amends the Immigration and
Nationality Act by adding a new ground for exclusion for
those who have advocated terrorism, incited targeted racial
vilification, or advocated the death or destruction of U.S.
citizens, or U.S. government officials, or the overthrow of
the U.S. government.
The House bill contains no comparable provision.
The conference substitute (sec. 1239) is similar to the
Senate amendment but has been clarified to ensure that it
comports with its purpose. The Senate provision would have
required the exclusion of non-U.S. citizens wishing to enter
the U.S. who have advocated terrorism or engaged in related
practices. Non-citizens seeking admission to the U.S. have
been held not to enjoy the full measure of constitutional
protection afforded citizens and others who are lawfully
present in the U.S. Nevertheless, in an effort to accommodate
concerns about the potential scope of the Senate provision,
it has been narrowed to comport with U.S. Supreme Court cases
construing the First Amendment.
Visit of the President of the Republic of China on Taiwan
The Senate Amendment (sec. 168) states that the President
of the Republic of China on Taiwan shall be admitted to the
U.S. for a visit in 1995 with all appropriate courtesies.
The House bill contains no comparable provision.
The conference substitute (sec. 1708) expresses the sense
of Congress that the President of the Republic of China on
Taiwan should be admitted to the U.S. for a visit in 1996
with all appropriate courtesies.
Terrorist Lookout Committees
The Senate amendment (sec. 169) codifies existing embassy
visa terrorist lookout committees created under the ``Visas
Viper Program''. The provision establishes the Deputy Chief
of Mission as the chair of the committee and requires
representatives of the embassy's political section, law
enforcement and intelligence agencies to be members of the
committee. The purpose of the committee is to overcome the
serious deficiencies in the current system to preclude known
terrorists from gaining visas for entry into the U.S.
Certification procedures and reporting requirements are
established.
The House bill contains no comparable provision.
The conference substitute (sec. 1238) eliminates the
certification requirements and reduces the reporting
requirements to two.

[[Page H2023]]

Within 90 days of enactment, the Secretary of State is
required to report to Congress on the status of establishing
the committees at posts around the world. The second report,
due in April 1997, will evaluate the success of the program
and the extent of interagency cooperation.
Sense of Congress on Border Crossing Fees
The Senate amendment (sec. 170) expresses a sense of
Congress that the U.S. should not impose a border crossing
fee along the Mexican or Canadian border.
The House bill had no comparable provision.
The conference substitute (sec. 1705) retains the sense of
Congress provision.
(a) Findings--The committee of conference finds that--
(1) in the budget of the United States for fiscal year 1996
that was submitted to Congress, the President proposed to
impose and collect a border crossing fee for individuals and
vehicles entering the United States;
(2) both the Canadian and Mexican governments have
expressed opposition to the imposition and collection of such
a fee and have raised the possibility of imposing retaliatory
border crossing fees of their own;
(3) the imposition and collection of such a fee would have
adverse effects on tourism and commerce that depend on travel
across the borders of the United States;
(4) the imposition and collection of such a fee would have
such effects without addressing illegal immigration in a
meaningful way;
(5) on February 22, 1995, the President modified his
proposal making the imposition of the new fees voluntary on
United States border States (but tied the availability of
Federal funds to improve border crossing infrastructure on
their willingness to impose such fees); and
(6) on May 4, 1995, the President further modified the
border crossing fee proposal in immigration control
legislation he submitted to Congress setting a $1.50 per car
and $.75 per pedestrian fee structure.
U.S. Emergency Refugee and Migration Assistance Fund
The House bill (sec. 2251) amends the Migration and Refugee
Assistance Act (P.L. 87-510) to specify Congressional
notification requirements for use of funds under the Act.
This provision requires a 15-day notification to Congress of
the drawdown of funds from the Emergency Refugee and
Migration Account. A waiver of this notification is permitted
under emergency situations.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment. The committee of conference remains concerned
about the Department of State's lack of consultation on the
use of these funds. We strongly encourage the Department to
use the emergency funds for the intended purpose and use
alternative sources of funding when available.
Persecution for resistance to coercive population control
methods
The House bill (sec. 2252) provides that forced abortion,
forced sterilization or persecution for resistance to such
measures are ``persecution on account of political opinion''
within the meaning of the refugee definition of the
Immigration and Nationality Act. It is intended to overrule
administrative law decisions holding that subjection to such
measures is not ordinarily persecution on account of a
political opinion. This section reinstates the interpretation
of the law that was reversed by an Immigration and
Naturalization Service order on August 5, 1994.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1255) is identical to the
House bill.
Report to Congress concerning Cuban emigration policies
The House bill (sec. 2253) requires periodic reports on the
Cuban government's methods of enforcing its 1994 and 1995
anti-immigration agreements with the U.S. on treatment of
persons returned to Cuba under the 1995 agreement and on the
methods used by the U.S. to monitor such treatment.
The Senate amendment (sec. 611) is identical.
The conference substitute (sec. 1251) is identical to the
House bill.
U.S. policy regarding the involuntary return of refugees
The House bill (sec. 2254) provides that no funds
authorized by this Act be used for the involuntary return of
any person to a country in which he or she has a well-founded
fear of persecution.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1256) states that no funds
authorized for refugee and migration assistance be used for
the involuntary return of any person to a country in which he
or she has a well-founded fear of persecution. It would not
prohibit funding for the return of people who had been found
to be non-refugees by any process genuinely calculated to
detect a well-founded fear of persecution.
Extension of certain adjudication provisions
The House bill (sec. 2255) extends the ``Lautenberg
Amendment'' which identifies certain high-risk refugee
categories and provides that applicants in these categories
are presumed to be refugees if they assert both a fear of
persecution and a credible basis for their fear of
persecution. This standard is somewhat more generous than the
general ``well-founded fear'' status. The high-risk
categories include nationals or residents of an independent
state of the former Soviet Union or Estonia, Latvia, or
Lithuania who are Jews or evangelical Christians, as well as
certain Southeast Asians. (See the discussion of section 2104
of the House bill, above.) The provision would also extend
until Oct. 1, 1997 the Attorney General's ability to adjust
the status of aliens who are nationals of an independent
state of the former Soviet Union, Estonia, Latvia, Lithuania,
Vietnam, Laos, or Cambodia and were granted parole into the
US after August 14, 1988, to the status of aliens lawfully
admitted for permanent residence.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1252) is identical to the
House bill.
Vietnam POW/MIA Asylum Program
The House bill (sec. 2256) gives the Attorney General the
authority to grant asylum to a national of Vietnam, Cambodia,
or Laos if he presents a live American POW/MIA.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Korea POW/MIA Asylum Program
The House bill (sec. 2257) gives the Attorney General the
authority to grant asylum to a national of North Korea, South
Korea, or China if he presents a live American POW/MIA.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Coordinator for counterterrorism
The House bill (sec. 2301) makes permanent the office of
the Coordinator for Counterterrorism and retains a reporting
line directly to the Secretary of State.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1301) is identical to the
House bill, except that subsection (D) is deleted.
Special Envoy for Tibet
The House bill (sec. 2302) requires the establishment of a
special envoy to Tibet within the State Department. The
Special Envoy is authorized to promote substantive
negotiations between the Dalai Lama or his representatives
and senior members of the Chinese government.
Through this special envoy, the U.S. demonstrates its
continued support for His Holiness the Dalai Lama in his
quest for a peaceful resolution to the situation in Tibet
through negotiations with the Chinese government.
The Senate amendment (sec. 608) is virtually identical.
The conference substitute (sec. 1303) permits the Secretary
to establish a Special Envoy to Tibet. Following are
committee of conference findings on this issue.
Findings.--(1) The Government of the People's Republic of
China withholds meaningful participation in the government of
Tibet from Tibetans and has failed to abide by its own
constitutional guarantee of autonomy for Tibetans.
(2) The Government of the People's Republic of China is
responsible for the destruction of much of Tibet's cultural
and religious heritage since 1959 and continues to threaten
the survival of Tibetan culture and religion.
(3) The Government of the People's Republic of China,
through direct and indirect incentives, has established
discriminatory development programs which have resulted in an
overwhelming flow of Chinese immigrants into Tibet, including
those areas incorporated into the Chinese provinces of
Sichuan, Yunnan, Gansu, and Quinghai in recent years, and
have excluded Tibetans from participation in important policy
decisions, further threatening traditional Tibetan life.
(4) The Government of the People's Republic of China denies
Tibetans their fundamental human rights, as reported in the
Department of State's Country Reports on Human Rights
Practices for 1995.
(5) The President and the Congress have determined that the
promotion of human rights in Tibet and the protection of
Tibet's religion and culture are important elements in United
States-China relations and have urged senior members of the
Government of the People's Republic of China to enter into
substantive negotiations on these matters with Dalai Lama or
his representative.
(6) The Dalai Lama has repeatedly stated his willingness to
begin substantive negotiations without preconditions.
(7) The Government of the People's Republic of China has
failed to respond in a good faith manner by reciprocating a
willingness to begin negotiations without preconditions, and
no substantive negotiations have begun.
Responsibilities of bureau charged with migration and refugee
assistance
The House bill (sec. 2303) establishes a Coordinator for
Human Rights and Refugees within the Office of the Secretary
of State. It also establishes a statutory bureau of Refugee
and Migration Assistance.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1304) is designed to ensure
that the bureau with responsibility for refugee and migration
assistance be independent of the bureau charged with the
substantially unrelated responsibility for population policy.
The Department may, of course, still maintain a population

[[Page H2024]]

office in another bureau as it did prior to 1993.
Elimination of statutory establishment of certain positions
of the Department of State.
The House bill (sec. 2304) eliminates the statutory
requirements for the Assistant Secretary for South Asia, the
Assistant Secretary for Oceans, Environment, and Science, and
the Deputy Assistant Secretary for Burdensharing.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1305) is identical to the
House bill.
Establishment of an Assistant Secretary of State for Human
Resources
The House bill (sec. 2305) establishes an Assistant
Secretary for Human Resources and requires that the position
be occupied by a professional in the field of personnel and
human resources management.
The Senate amendment has no comparable provision.
The conference substitute (sec. 1306) requires that either
the head or the next most senior person of the bureau or
office within the Department of State with responsibility for
human resources and personnel policies shall have substantial
professional qualifications in the field of human resources.
This is a modification of the suggestion in the ``State
Team'' For the Future, Personnel Commission Report of October
1992, that strongly recommended that the Department establish
an Assistant Secretary for Human Resources with proper
qualifications.
Authority of the Permanent Representative to the United
Nations
The House bill (sec. 2306) clarifies that the U.S.
Permanent Representative to the United Nations shall be
subject to the direction of the Secretary of State.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1302) is identical to the
House bill.
Authorized strength of the Foreign Service
The House bill (sec. 2351) imposes limits on the number of
members of the Foreign Service authorized to be employed in
fiscal years 1996 and 1997 as follows: for the Department of
State not more than 9,000 in fiscal year 1996 and 8,800 in
fiscal year 1997, of whom not more than 720 in fiscal year
1996 and 680 in fiscal year 1997 shall be members of the
Senior Foreign Service; for the United States Information
Agency (USIA) not more than 1,150 in fiscal year 1996 and
1,100 for fiscal year 1997, of whom not more than 165 in
fiscal year 1996 and 160 in fiscal year 1997 shall be members
of the Senior Foreign Service; and for the Agency for
International Development (AID) not more than 1,800 members
of the Foreign Service in fiscal years 1996 and 1,775 for
fiscal year 1997, of whom not more than 240 in fiscal year
1996 and 230 in fiscal year 1997 shall be members of the
Senior Foreign Service.
The Senate amendment (sec. 141) contains a similar
provision with overall lower numbers.
The conference substitute (sec. 1351) sets the end
strength levels as follows: for the Department of State not
more than 9,000 in fiscal year 1996 and 8,800 in fiscal year
1997, of whom not more than 660 in fiscal year 1996 and 660
in fiscal year 1997 shall be members of the Senior Foreign
Service; for the United States Information Agency (USIA) not
more than 1,150 in fiscal year 1996 and 1,100 for fiscal year
1997, of whom not more than 160 in fiscal year 1996 and 160
in fiscal year 1997 shall be members of the Senior Foreign
Service; and for the Agency for International Development
(AID) not more than 1,800 members of the Foreign Service in
fiscal years 1996 and 1,775 for fiscal year 1997, of whom not
more than 225 in fiscal year 1996 and 225 in fiscal year 1997
shall be members of the Senior Foreign Service.
The committee of conference notes that this provision was
included pursuant to a recommendation of the Commission on
the Foreign Service Personnel System (the ``Thomas
Commission''), the establishment of which was mandated by the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989.
Repeal of authority for Senior Foreign Service performance
pay
The House bill (sec. 2352) repeals section 405 of the
Foreign Service Act that provides for payment of performance
pay.
The Senate amendment (sec. 145) requires that Foreign
Service Officers commissioned by the President receive in all
instances their regular salaries based on rank and service.
It also amends section 405 to allow recognition by the
President even if funds are not available to pay for such an
award. It requires the Secretary of State to develop and
implement a plan to identify officers who are ranked by
promotion boards in the bottom 5% of their class for two
years and recommend that separation from the Foreign Service.
In addition, it amends the Foreign Service Act to establish a
single Foreign Service under the direction of the Director
General of the Foreign Service. Agencies using the Foreign
Service Act must conform with common standards set by the
Director General.
The conference substitute (sec. 1357) omits the provision
relating to a single Foreign Service. The section on
expedited separation out is amended in line with the
Administration's suggestions to provide that separation be
recommended for members of the Foreign Service ranked by
promotion boards in the bottom 5% of their class for any two
of the five preceding years.
Recovery of costs of health care services
The House bill (sec. 2353) authorizes the Department of
State to recover and retain the costs incurred by the
Department of health care services provided to eligible
employees and their families. The provision permits the
recovery and retention of such costs from third-party payers
and to recover directly from the employee if the employee
chooses to be uninsured.
The Senate amendment (sec. 148) is virtually identical.
The conference substitute (sec. 1355) is identical to the
House bill.
Restrictions on lobbying activities of former U.S. Chiefs of
Mission
The Senate amendment (sec. 142) amends Title 18 by adding
the Chief of Mission to the list of executive branch
personnel who are restricted for one year after they leave
the Chief of Mission position from representing someone with
an interest in a matter that is before any officer or
employee of the Department or agency in which they served.
The House bill contains no comparable provision.
The conference substitute (sec. 1352) is identical to the
Senate amendment.
Foreign service grounding in U.S. business
The Senate amendment (sec. 143) expresses the sense of
Congress that the National Foreign Affairs Training Institute
should increase its emphasis on commercial activity, export
promotion, and trade in carrying out its core programs and
should offer additional classes in such subjects.
The House bill contains no comparable amendment.
The conference substitute is identical to the House bill.
Foreign affairs administrative support
The Senate amendment (sec. 144) authorizes the Secretary of
State to establish a financial system to manage
reimbursements to the Department from other agencies. The
President is required to establish an interagency committee
for the purpose of developing the financial management
system.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Limitation on management assignments
The Senate bill (sec. 146) amends current law dealing with
the movement of Foreign Service personnel between certain
American Foreign Service Association positions and management
jobs. This narrows the definition of ``management official''
by exempting Chiefs of Mission and their deputies,
administrative and personnel officers abroad and other
individuals not involved in labor-management relations.
The House bill contains no comparable provision.
The conference substitute (sec. 1353) is identical to the
Senate amendment.
Report on promotion and retention of personnel
The Senate amendment (sec. 147) requires the Inspector
General to comment biannually on the adequacy of the
Secretary's annual report on foreign service work force
planning and personnel policies.
The House bill contains no comparable provision.
The conference substitute (sec. 1356) requires the
Inspector General to comment with respect to the adequacy of
the reports every other year.
Non-overtime differential pay
The Senate amendment (sec. 149) allows the Secretary of
State to substitute another day in lieu of Sunday for
purposes of Sunday premium pay in countries where the normal
workweek includes Sunday.
The House bill contains no comparable provision.
The conference substitute (sec. 1354) is identical to the
Senate amendment.
Access to records
The Senate amendment (sec. 150) allows the Inspector
General to furnish records or information as requested by the
Grievance Board only if the IG decides that there is no
confidentiality requirements which would bar release.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Redesignation of the National Foreign Affairs Training Center
The Senate amendment (sec. 152) redesignates the National
Foreign Affairs Training Institute as the National Center for
Humanities, Education, Languages, and Management Studies.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Extension of the Au Pair Program
The Senate amendment (sec. 412) provides for a four-year
extension of the Au Pair Program, lifts restrictions to make
the program world-wide and requires a one-time report on the
program.
The House bill (sec. 2402) provides for a two-year
extension.
The conference substitute (sec. 1409) is identical to the
Senate amendment with the addition of a repeal of section 581
of the Foreign Operations Appropriations Act (P.L. 104-107)
which authorized a one-year extension of the Au Pair Program.

[[Page H2025]]

Educational and cultural exchanges with Hong Kong
The House bill (sec. 2403) requires USIA to conduct
exchange programs with Hong Kong.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Conduct of certain educational and cultural exchange programs
The House bill (sec. 2404) directs USIA to provide
opportunities for participation in exchange programs for
human rights and democracy leaders of Asian countries to
persons who are nationals but not residents of such
countries.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1408) is similar to the
House bill. It is designed to ensure that exchange programs
are effective in promoting a commitment to human rights,
freedom, and democracy. In addition to helping future leaders
get to know the U.S., it is hoped that these programs will
also be a source of information about the situation in the
named countries, and will signal to the rulers of those
countries that in order to obtain American training for their
promising students, they will have to accept the risk that
American notions of democracy and open government will be
brought home.
Educational and cultural exchange and scholarships for
Tibetans and Burmese
The House bill (sec. 2405) requires USIA to provide 30
scholarships for Tibetans and 15 scholarships for Burmese. It
also requires USIA to establish exchange programs for
Tibetans and Burmese.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1410) is identical to the
House bill. Having been impoverished by the corrupt
mismanagement of a military dictatorship that has ruled the
country since 1962, Burma needs educators, engineers,
entrepreneurs, environmental and public health specialists--
professionals in virtually all fields. It is anticipated that
the great majority of Burmese who are now in exile would
gladly return home if and when conditions in Burma have
changed for the better. The scholarships provide a way to
prepare these individuals to play a future role in rebuilding
their country.
This exchange program also targets exiled Tibetans living
in India and Nepal. Thirty percent of the program's costs are
met by private organizations. In accepting the scholarship,
all of the Tibetans agree to return to India or Nepal to work
toward improving the conditions and future opportunities for
their fellow refugees.
Availability of VOA and Radio Marti multilingual computer
readable text and voice recordings
The House bill (sec. 2406) permits university level
linguistic researchers to use VOA and Radio Marti transcripts
for the purposes of research. This authority sunsets five
years from date of enactment.
The Senate amendment (sec. 414) is virtually identical.
The conference substitute (sec. 1401) is identical to the
House bill.
Retention of interest
The House bill (sec. 2407) authorizes grantees of NED to
deposit their grant money in interest bearing accounts and
use the interest for the purposes of the grant.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1407) is identical to the
House bill.
USIA office in Pristina, Kosova
The House bill (sec. 2408) states that the USIA shall seek
to establish an office in Pristina.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
U.S. diplomatic facilities in Kosova
The Senate amendment (sec. 135) authorizes the Secretary of
State to establish a diplomatic office and residence in
Pristina.
The House bill contains no comparable amendment.
The conference substitute is identical to the House bill.
Participation in international fairs and expositions
The Senate amendment (sec. 411) provides that none of the
funds available in this Act can be used by a government
agency to participate in an international fair or pavilion in
excess of amounts authorized to be appropriated.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
The committee of conference notes that the Senate provision
restated current law.
Expansion of Muskie Fellowship Program
The Senate amendment (sec. 416) expands the Muskie program
to include Albania, Bulgaria, Croatia, Czech Republic,
Hungary, Poland, Romania, Slovenia, and Macedonia. It also
amends the guidelines for participation by adding to the
fields of study the following subjects: law, library, and
information science and public policy to the fields of study
of the program.
The House bill contains no comparable provision.
The conference substitute (sec. 1403) is identical to the
Senate amendment.
GAO study of duplication among international affairs grantees
The Senate amendment (sec. 418) requires the GAO to report
on the purposes and activities of the North/South Center,
East-West Center, the Asia Foundation, and NED to identify
the extent to which their activities duplicate activities
conducted elsewhere in the U.S. government.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
GAO study of activities of the North/South Center in support
of NAFTA
The Senate amendment (sec. 419) requires the GAO to report
on whether the North/South Center used U.S. funds to engage
in improper lobbying efforts advocating NAFTA.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Mansfield Fellowship Program requirements
The Senate amendment (sec. 420) allows the Mansfield Board
to refigure the housing allowance so fellows are placed in
comparable housing. This is a cost saving measure.
The House bill contains no comparable provision.
The conference substitute (sec. 1404) is identical to the
Senate amendment.
Distribution within the United States of the USIA film ``The
Fragile Ring of Life''
The Senate amendment (sec. 421) waives the Smith-Mundt Act
which prohibits domestic dissemination of products produced
by USIA with respect to the film ``The Fragile Ring of
Life.''
The House bill contains no comparable provision. The House
passed this provision as a separate bill.
The conference substitute (sec. 1412) is identical to the
Senate amendment.
Expansion of the Board of Broadcasting Governors
The House bill (sec. 2431) expands the current Broadcasting
Board of Governors from 9 to 11.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
provision.
Radio Free Asia
The House bill (sec. 2432) requires the Director of USIA to
submit a plan to Congress to establish Radio Free Asia within
90 days of the enactment of this Act.
The Senate amendment (sec. 415) contains a similar
provision with drafting differences.
The conference substitute (sec. 1411) requires that within
180 days of enactment, Radio Free Asia shall initiate regular
broadcasts to the People's Republic of China, Burma,
Cambodia, Laos, North Korea, Tibet and Vietnam. The
broadcasts will be conducted under the name of Radio Free
Asia.
The conferees expect that in considering applications for
employment, contracts, and similar arrangements in the
establishment and operation of Radio Free Asia, USIA will
give strong preference to those which will allow Radio Free
Asia to (1) take advantage of the expertise of political and
religious dissidents and pro-democracy and human rights
activists from within the countries to whom broadcasting is
directed, including exiles from these countries; and (2) take
advantage of contracts and similar arrangements with existing
broadcast facilities so as to provide immediate broadcast
coverage with low overhead.
Pilot project for freedom broadcasting
The House bill (sec. 2433) requires USIA to make grants for
broadcasting to Asian countries. In reviewing the grants,
USIA is to give preference to organizations with expertise in
the pro-democracy and human rights movements in Asia.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Pilot program on advertising on USIA television and radio
The Senate amendment (sec. 413) requires the Director of
USIA to submit a plan within 120 days for a pilot program to
determine the feasibility of permitting advertising on USIA
television and radio broadcasts.
The House bill contains no comparable provision.
The conference substitute (sec. 1405) is the same as the
Senate amendment except that the length of the pilot project
was extended from 6 to 12 months.
Changes in administrative authorities
The Senate amendment (sec. 417) provides contract authority
for the Tinian transmitter project; allows the authorization
of appropriations for USIA to be available until March 1,
1997; includes technical amendments to direct that the heads
of the Cuba Service and TV Marti report directly to the
Director of the International Broadcasting Bureau; authorizes
the Director of USIA to appoint up to 15 engineers employed
by RFE/RL to the competitive service or career Foreign
Service of USIA, and it authorizes fees to be collected at
posts for educational advising services.
The House bill contains no comparable provision.
The conference substitute (sec. 1406) is the same as the
Senate amendment except the number of engineers that can be
appointed is reduced from 15 to 5 upon the recommendation of
USIA.

[[Page H2026]]

International Boundary and Water Commission
The House bill (sec. 2501) clarifies the authority of the
U.S. section of the IBWC with regard to the reach of the Rio
Grande from the Percha Diversion Dam in New Mexico to the
American Diversion Dam in El Paso, Texas. This provision
permits the U.S. Section to stabilize the river channel
within the Rio Grande Canalization Project. This
authorization will facilitate further compliance with the
terms of the Convention for Equitable Distribution of the
Waters of the Rio Grande, May 21, 1906, United States-Mexico.
The Senate amendment (sec. 303) is virtually identical to
the House bill.
The conference substitute (sec. 1502) is identical to the
House bill.
Repeal of authority for participation by the United States in
the Interparliamentary Union
The House bill (sec. 2502) repeals the permanent authority
for the Congressional participation in the IPU.
The Senate amendment (sec. 601) repeals U.S. participation
in several of the interparliamentary groups.
The conference substitute deletes both provisions.
Termination of U.S. participation in certain international
organizations
The Senate amendment (sec. 313) provides that no funds are
available for U.S. membership in the following: U.N.
Industrial Development Organization, the Inter-American
Indian Institute, the Pan American Railway Congress
Association, and the Interparliamentary Union.
The House bill has no comparable provision.
The conference substitute (sec. 1501) provides that no
funds are available for U.S. membership in the following:
U.N. Industrial Development Organization, the Inter-American
Indian Institute, the Pan American Railway Congress
Association, the International Cotton Advisory Committee, the
World Tourism Organization, and the International Tropical
Timber Organization.
International Criminal Court participation
The Senate amendment (sec. 311) prohibits the U.S. from
participating in an international criminal court with
jurisdiction over crimes of an international character.
The House bill contains no comparable provision.
The conference substitute (sec. 1608) includes a definition
of the term ``participate'' in order to clarify that War
Crimes Tribunals for specific countries would not be affected
by this provision.
Prohibition on assistance to international organizations
espousing one world government
The Senate amendment (sec. 312) prohibits the use of funds
to pay for the U.S. contribution to any international
organization which engages in direct or indirect promotion of
the principle or doctrine of one world government or one
world citizenship, or for the promotion of the principle of
one world government or one world government.
The House bill contains no comparable provision.
The conference substitute (sec. 1503) is identical to the
Senate amendment.
International covenant on civil and political rights
The Senate amendment (sec. 314) includes findings and an
expression of the sense of the Senate that the Human Rights
Committee should revoke its General Comment No. 24.
The House bill contains no comparable provision.
The conference substitute (sec. 1504) is similar to the
Senate amendment, and includes a restriction that, effective
two years after the date of enactment, no funds authorized to
be appropriated by this or any other Act may be obligated or
expended to report to the U.N. Human Rights Committee
established by the International Covenant on Civil and
Political Rights, or to respond to certain inquiries from the
Committee. This restriction will cease to apply when the
President certifies to the Congress that the Human Rights
Committee has revoked its General comment No. 24 and
expressly recognized the validity as a matter of
international law of the reservations, understanding, and
declarations contained in the U.S. instrument of ratification
of the Covenant.
The committee of conference agreed to delay the effective
date of the restriction for two years in order to afford the
Human Rights Committee up to one year to reconsider and
revoke its General Comment No. 24. If by the end of this one-
year period the Human Rights Committee has not revoked
General Comment No. 24 and expressly recognized the validity
as a matter of international law of the reservations,
understanding, and declarations contained in the U.S.
instrument of ratification, the committee of conference
expects the United States to provide notice in accordance
with Article 56 of the Vienna Convention on the Law of
Treaties of its intention to withdraw from the Covenant
effective twelve months from the date of such notice.
Adherence to this procedure will ensure that the United
States remains in compliance with its international legal
obligations as understood by the United States while at the
same time insisting upon the primacy of the U.S.
Constitution.
U.S participation in single commodity international
organizations
The Senate amendment (sec. 315) requires the Secretary of
State to report within 180 days of enactment on U.S.
interests served by participation in single-commodity IO's
and to assess the feasibility of privatization of U.S.
representation in such organizations.
The House bill contains no comparable provision.
The conference substitute (sec. 1505) is the same as the
Senate amendment with the added requirement that the report
assess the current and projected costs of continuing U.S.
participation in such organizations.
Prohibition on contributions to the International Natural
Rubber Organization
The Senate amendment (sec. 316) prohibits U.S.
contributions to the International Natural Rubber
Organization.
The House bill contains no comparable provision.
The conference substitute is identical to the House
provision.
Prohibition on contributions to the International Tropical
Timber Organization
The Senate amendment (sec. 317) prohibits U.S.
contributions to the International Tropical Timber
Organization.
The House bill contains no comparable provision.
The conference substitute is identical to the Senate
amendment. This provision has been included in section 1501,
terminating U.S. participation in certain international
organizations.
Sense of Congress on the U.N. Fourth World Conference on
Women in Beijing
The Senate amendment (sec. 319) is a sense of Congress that
the U.N. Fourth World Conference on Women should promote a
representative American perspective on issues of equality,
peace and development and other issues.
The House bill contains no comparable provision.
The conference substitute is identical to the House
provision.
Reform in budget decisionmaking procedures of the U.N. and
its specialized agencies
The House bill (sec. 2521) extends current law allowing the
President to withhold 20% of appropriated funds for the U.N.
or any of its specialized agencies if the U.N. or the agency
fails to implement consensus-based budget decisionmaking
procedures. This is to ensure that the U.S. and other major
contributors to U.N. agency budgets have an appropriate
influence in the budget decision-making processes of
international organizations. The President is directed to
notify Congress of any decisions to withhold our share of an
assessed contribution to the U.N.
The Senate amendment (sec. 204) is virtually identical to
the House bill with minor drafting differences.
The conference substitute (sec. 1521) is identical to the
House bill.
Limitation on contributions to the U.N. or U.N. affiliated
organizations
The House bill (sec. 2522) prohibits U.S. contributions to
the U.N. or affiliated organizations that grant full
membership to any organization that does not have the
internationally recognized attributes of statehood.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Report on UNICEF
The House bill (sec. 2523) requires the Secretary of State
to report on aspects of UNICEF's progress in implementing
management reforms and ensuring a greater commitment to its
traditional mission of child health and welfare. It further
directs UNICEF to resist pressure to become involved in
activities within the scope of responsibility of other U.N.
agencies.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1522) is identical to the
House bill.
U.N. budgetary and management reform
The House bill (sec. 2524) requires a 20% withholding of
amounts for assessed contributions to the regular U.N.
budget, a 50% withholding for assessed contributions to U.N.
peacekeeping and no voluntary contributions to U.N.
peacekeeping until the President certifies a series of
management reforms. Withholding begins in FY 97 and each
subsequent year. The House bill also requires further
withholdings unless U.N. procurement reforms are implemented.
These include the withholding of 10% of the amount of funds
available for U.S. assessed contributions for the regular
U.N. budget unless the President certifies that there is
timely notice of contract awards or opportunities over
$100,000. It also requires a similar percentage withholding
unless there is a certification of no discrimination against
companies challenging contract awards and unless a U.N.
contract review process is established.
The Senate amendment (sec. 205) amends the U.N.
Participation Act of 1945 directing the President to certify,
to Congress that the U.N. has fully achieved the management
reforms in the House bill. If the President cannot make such
a certification, there are similar withholding provisions as
in the House provision.
The conference substitute (sec. 1523) is the same as the
Senate amendment except that it includes the withholdings of
3% of U.S. assessed contributions for the regular U.N. budget
unless the President makes the U.N. procurement
certifications in the House bill relating to U.N. procurement
opportunities, punitive actions on certain contractors and
procedures for challenging the awarding of U.N. contracts.

[[Page H2027]]

Calculations of assessed contributions
The Senate amendment (sec. 203) expresses the sense of
Congress that the U.N. General Assembly should reformulate
the rates of assessment to reflect each member's share of the
total world GNP.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Whistleblower provision
The Senate amendment (sec. 206) requires the President to
withhold 10 percent of fiscal year 1996 assessed
contributions to the U.N. until the Secretary of State
certifies that the U.N. has implemented policies to protect
adequately employees who allege fraud or mismanagement.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Annual report on U.S. contributions to U.N. peacekeeping
activities
The Senate amendment (sec. 211) requires the President to
submit a report of the budget expected for the next fiscal
year for all U.N. peacekeeping activities and for U.S.
participation in all U.N. peacekeeping activities.
The House bill contains no comparable provision.
The conference substitute (sec. 1525) is the same as the
Senate amendment except that the provision requiring a
statement of the aggregate amount of funds available to the
U.N. for the upcoming fiscal year is deleted.
Prior congressional notification of security council votes on
U.N. peacekeeping activities
The Senate amendment (sec. 212) requires the President to
notify Congress 5 days before casting a vote in the Security
Council authorizing a U.N. peacekeeping operation that would
involve the use of U.S. forces or funds. The President may
waive this requirement if he determines that an emergency
exists. In this case, he must provide notification to
Congress within 48 hours after the adoption of any such
authorization.
The House bill contains no comparable provision.
The conference substitute (sec. 1526) is the same as the
Senate amendment except that the notification requirement is
deleted in regard to the expenditure of U.S. funds.
Codification of required notice to Congress of proposed U.N.
peacekeeping activities
The Senate amendment (sec. 213) requires the President to
report monthly in writing on U.S. assistance for United
Nations peacekeeping operations with regard to facilities,
training, transportation, communication and logistical
support to certain Congressional committees.
The House bill contains no comparable provision.
The conference substitute (sec. 1527) is identical to the
Senate amendment.
Limitation on assessment percentage for peacekeeping
activities
The Senate amendment (sec. 214) amends the U.N.
Participation Act of 1945 to urge the U.N. Permanent
Representative to work for a review of U.N. peacekeeping
assessments. As part of this effort, the U.S. Ambassador
should seek to employ the concept that a greater
proportionate share of the burden of a peacekeeping
operations should fall on the host government and other
nearby states. It also limits the use of appropriated funds
for peacekeeping to no more than 25% of the total assessed
cost of an operation, regardless of any penalties or interest
charges the U.N. may levy on the U.S. One intent of this
provision is to discourage the U.N. from any attempt to
charge member states, including the U.S., a late charge or
fee for past-due assessments, as some have recommended.
The House bill contains no comparable provision.
The conference substitute (sec. 1524) is identical to the
Senate amendment.
Buy America requirement
The Senate amendment (sec. 215) conditions U.S. payments
for U.N. peacekeeping on fair treatment of U.S. companies in
U.N. procurement activities.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Restrictions on intelligence sharing with the United Nations
The Senate amendment (sec. 216) requires that before
sharing U.S. intelligence information with the U.N., the
President must certify that security procedures have been
implemented at the U.N. to protect unauthorized disclosure of
U.S. intelligence sources or methods. The Senate amendment
specifies that the requirement may be waived upon written
certification by the President that providing such
information is in our national interest. It also provides for
special reports regarding unauthorized disclosure of
intelligence to the Select Committee on Intelligence and the
Committee on Foreign Relations of the Senate and the
Permanent Select Committee on Intelligence and the Committee
on International Relations of the House of Representatives.
It finally provides for semi-annual reports to the same
committees on the types and volumes of intelligence provided
to the U.N.
The House bill contains no comparable provision.
The conference substitute (sec. 1528) is the same as the
Senate amendment except that no intelligence may be provided
to the U.N. unless the President certifies that the U.N. has
implemented procedures no less stringent than procedures
maintained by nation with which the U.S. regularly shares
similar types of information. Periodic and special reports
shall be provided as well except that the periodic report
shall be no less frequently than quarterly and it shall be
submitted to the Select Committee and the Permanent Select
Committee with an annex containing a counter-intelligence and
security assessment of the risks providing intelligence to
the U.N.
UNPROFOR funding restrictions
The Senate amendment (sec. 217) states that none of the
funds authorized by this act may be made available for
contributions to the U.N. Protection Force unless the
President certifies and reports to the Congress during the
calendar years in which the funds are to be provided.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Escalating costs for international peacekeeping
The Senate amendment (sec. 218) is a sense of Congress that
the Executive branch should stop obligating funds for
peacekeeping operations in excess of authorized and
appropriated funds.
The House bill contains no comparable provision.
The conference substitute (sec. 1707) retains the sense of
Congress provision.
(a) Findings.--The Congress finds that--
(1) in fiscal year 1989 the United States provided
$29,000,000 to the United Nations for assessed United States
contributions for international peacekeeping activities,
compared to $485,000,000 paid for combined assessed
contributions for all other international organizations,
including the United Nations, all United Nations specialized
agencies and the Organization for American States and all
other pan American international organizations;
(2) in fiscal year 1994 United States assessed
contributions to the United Nations for international
peacekeeping activities had grown to $1,072,000,000, compared
to $860,000,000 for combined assessed contributions for all
other international organizations;
(3) for fiscal year 1995 the President requested a
$672,000,000 United Nations peacekeeping supplemental
appropriation which, if approved, would have been a direct
increase in the Federal budget deficit and would have brought
fiscal year 1995 total appropriations for assessed
contributions for United Nations peacekeeping activities to
$1,025,000,000;
(4) for fiscal year 1995 the President also requested
supplemental appropriations of $1,900,000,000 to cover the
Department of Defense's unbudgeted costs for humanitarian and
peacekeeping missions in Haiti, Kuwait and Bosnia, which are
in addition to regular United States assessed contributions
to the United Nations for peacekeeping activities; and
(5) for fiscal year 1996 the President requested
$445,000,000 for assessed contributions to the United Nations
for international peacekeeping activities, a funding level
most observers believe to be a significant understatement of
actual peacekeeping obligations the Administration has
committed the United States to support and which, if
accurate, would lead to the third year in a row in which the
Administration requests supplemental appropriations for
assessed contributions to international peacekeeping in
excess of $600,000,000 outside of the regular budget process.
Peacekeeping definition
The Senate amendment (sec. 219) amends the U.N.
Participation Act of 1945 by adding a definition of
peacekeeping activities.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Taiwan Relations Act
The House bill (sec. 2601) amends the Taiwan Relations Act
to add a new subsection (d) to section 3 of the Act. This new
subsection reasserts the primacy of sections 3(a) and 3(b) of
the Taiwan Relations Act with regard to U.S. arms sales to
Taiwan. Sections 3(a) and 3(b) provide in pertinent part that
``the U.S. will make available to Taiwan such defense
articles and defense services in such quantity as may be
necessary to enable Taiwan to maintain a sufficient self-
defense capability'', and that ``[t]he President and the
Congress shall determine the nature and quantity of such
defense articles and services based solely upon their
judgment of the needs of Taiwan.''
The Senate amendment (sec. 605) is virtually identical.
The conference substitute (sec. 1601) amends the Taiwan
Relations Act to add a new subsection (d) to section 3 of the
Act. This new subsection reasserts the primacy of sections
3(a) and 3(b) of the Taiwan Relations Act with regard to
United States arms sales to Taiwan. Sections 3(a) and 3(b)
provide in pertinent part that ``the United States will make
available to Taiwan such defense articles and defense
services in such quantity as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability'',
and that ``[t]he President and the Congress shall determine
the nature of quantity of such defense articles and services

[[Page H2028]]

based solely upon their judgement of the needs of Taiwan.''
Subsequent to the enactment of the Taiwan Relations Act,
and without the approval of the Congress, the Executive
branch issued a ``Joint Communique of the United States and
China'' on August 17, 1982, which purported to commit the
United States ``to reduce gradually its sales of arms to
Taiwan, leading over a period of time to a final solution.''
Insofar as this policy statement is inconsistent with
sections 3(a) and 3(b) of the Act, it is contrary to law and
cannot be the policy of the United States. The new section
3(d) of the Act is intended to underscore this fact.
The new section 3(d) of the Act does not change United
States law; it reaffirms it. It merely states that the Taiwan
Relations Act, a law passed by the Congress, has primacy over
a policy statement issued by the Executive branch. Any policy
statement which, contrary to sections 3(a) and 3(b) of the
Act, does not take into account Taiwan's defense needs or the
role of the Congress and the President in determining such
needs is invalid as a matter of law.
Reports to Congress on aspects of implementation of the
General Framework Agreement
The House bill (sec. 2602) is a sense of Congress that the
President should bring to justice persons responsible for
genocide, war crimes, and other serious violations of
international human rights law committed in the territory of
the former Yugoslavia since 1991.
The Senate amendment contains no comparable amendment.
The conference substitute (sec. 1611) merges two House
provisions, sec. 2602 Bosnia Genocide Act and sec. 2702
Territorial Integrity of Bosnia and Herzegovina. This revised
section provides for periodic reports from the President on
the military aspects of implementation of the Dayton
Agreement, including the conduct of United States Armed
Forces deployed in Bosnia-Herzegovina as part of Operation
Joint Endeavor and the costs associated with their
participation as well as plan for the timely withdrawal of
U.S. military personnel. In addition, the President would
report on progress in implementing civilian aspects of the
Agreement including: preparations for elections to be
supervised by the Organization for Security and Cooperation
in Europe (OSCE); steps taken to uphold the right of refugees
and displaced persons to return home safely and regain lost
property, or to obtain just compensation (or, where return
would be unsafe and/or unjust, to be resettled elsewhere);
progress in international humanitarian and reconstruction
efforts; and cooperation with the ongoing work of the
International Tribunal for the Former Yugoslavia to
investigate and prosecute war criminals, as well as efforts
of the OSCE and other international and non-governmental
organizations to protect and promote human rights. In
addition, the section would require regular reporting on
efforts by the United States and others to address the plight
of the ethnic Albanian majority in Kosova and steps to
establish a USIA office in Pristina.
USIA Office in Pristina: Kosovo's ethnic Albanian majority
has been, and continues to be, the subject of brutal
repression involving harassment, detention, and intimidation
including beatings by police. Nearly half of the region's
Albanian work-force was summarily fired in 1990 and replaced
by Serbian workers. Albanian cultural identity remains under
siege. The suppression of free media continues. Kosovar
Albanians have felt increasingly isolated, particularly since
OSCE observers were expelled from the region in 1993. A USIA
office in Pristina will help to ease the current dire
situation by disseminating information about the United
States; promoting discussions on human rights, democracy,
rule of law, and conflict resolution; facilitating U.S.
private sector involvement in educational and cultural
activities in Kosova; and advising the U.S. Government with
respect to public opinion in Kosova. Opening an office in
Pristina will send a strong signal to the Albanian population
of Kosova that they have not been forgotten. The conferees
have been informed that plans for such an office are
underway. The reporting requirement is designed to ensure
that they are implemented as soon as possible.
Territorial Integrity. The Dayton Peace Agreement on
Bosnia-Herzegovina commits the signatories to ``conduct their
relations in accordance with the principles set forth in the
United Nations Charter, as well as the Helsinki Final Act and
other documents of the Organization for Security and
Cooperation in Europe'' (OSCE), including the principle of
territorial integrity. The House-passed bill, which was
adopted prior to the Dayton accords, included specific
language on territorial integrity in recognition of the
centrality of this principle to the conflict in Bosnia and
the implications of its violation in the former Yugoslavia
and beyond. For nearly four years the people of Bosnia-
Herzegovina fought, at significant disadvantage, to preserve
their country in the face of armed aggression and genocide.
The widespread illegal use of armed force in Bosnia-
Herzegovina, including the targeting of unarmed civilian
populations, has had devastating consequences for the people
of that country. Against that backdrop, any moves to
recognize the incorporation of any of the territory of
Bosnia-Herzegovina into the territory of any neighboring
state or the creation of any new state or states within the
borders of Bosnia-Herzegovina would violate the principle of
territorial integrity as reflected in the Charter and the
Final Act. The conferees note the importance attached to this
fundamental principle in Article 1 of the Dayton Agreement
and will closely monitor implementation of this provision by
all parties to the accord.
Expansion of the Commission for Security and Cooperation in
Europe
The House bill (sec. 2603) expands the CSCE by 8
commissioners, 4 from the House and 4 from the Senate.
The Senate amendment contains no comparable amendment.
The conference substitute is identical to the Senate
amendment.
Repeal of the executive branch membership in the Commission
for Security and Cooperation in Europe
The Senate amendment (sec. 602) repeals the membership of
the three executive branch representatives from the CSCE.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994
The House bill (sec. 2604) repeals a sunset provision in
P.L. 103-236 thereby making permanent law the Nuclear
Proliferation Prevention Act. The NPPA establishes a wide
ranging nuclear non-proliferation sanctions regime similar to
the Chemical and Biological Weapons and Missile Technology
Control Regime sanctions laws.
The Senate amendment contains no comparable amendment.
The conference substitute (sec. 1613) is identical to the
House with the addition of the repeal of the judicial review
provisions contained in the original provision. This change
reflects the concerns of the Administration.
Annual assessment
The House bill (sec. 2605) requires the Secretary of State
to provide annually an assessment of the impact of foreign
policy on the ability of U.S. entities to compete in foreign
markets.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Verification of Missile Technology Control Regime
The House bill (sec. 2606) requires the Director of the
Arms Control and Disarmament Agency to transmit a report on
the capability of the U.S. to verify the Missile Technology
Control Regime.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1612) is identical to the
House bill.
Bosnia and Herzegovnia Self-Defense Fund
The House bill (sec. 2607) provided for terminating the
U.S. arms embargo against the government of Bosnia and
Herzegovnia.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 2610) substantially revises
this provision. Sec. 2610 (a) of the Conference Report
provides the President with the authority to enter an
agreement with other eligible countries to establish a fund
to assist in the self defense of Bosnia and Herzegovina. The
fund may be known as the ``Multilateral Bosnia and
Herzegovina Self Defense Fund.'' The United States
contribution to this fund will be pursuant to the defense
articles and services provided for in section 540 of the
Foreign Operations and, Export Financing and Related Programs
Appropriations Act, 1996 (Public Law 104-107). In order to
maximize the amount of equipment provided under this
authority, it is the intention of the Conference Committee
that, as the Administration utilizes the referenced authority
for the Government of Bosnia and Herzegovina, the price of
transferred equipment shall not exceed the lowest level at
which the same or similar equipment has been transferred to
any other country under any other U.S. government program.
The Conference Committee notes that credible reports
indicate that Iranian nationals remain in Bosnia and
Herzegovina in violation of the Dayton General Framework
Agreement to end the war in the former Yugoslavia. The
Committee encourages the Administration to use its continued
efforts to arm and train the forces of the Federation of
Bosnia and Herzegovina as leverage to ensure full compliance
with the expulsion of all disallowed Iranian nationals. The
Committee further notes that the Government of Bosnia and
Herzegovina should curtail all military and intelligence
relations with the Government of Iran.
Section 2610(b) identifies the purpose of the Fund as a
means to coordinate the procurement of military equipment and
training for transfer to the Government of Bosnia and
Herzegovina for the exercise of its right to self-defense
under Article 51 of the United Nations Charter and to enable
the Government of Bosnia and Herzegovina to protect its
population and territory.
Section 2610(c) requires United States leadership of the
Fund. This provision is consistent with the text of a
December 12, 1995 letter from President Clinton to the
Honorable Robert Dole, Republican Leader of the Senate, in
which the President wrote: ``. . . the United States will
take a leadership role in coordinating an international
effort to ensure that the Bosnian Federation receives the
assistance necessary to achieve an adequate military balance
when IFOR leaves.

[[Page H2029]]

This subsection directs the Fund to provide procedures for
administering donations of military equipment and training,
and requires written assurance from the Government of Bosnia
and Herzegovina that such donations will not be used to take
reprisals against civilians.
Section 2610(d) requires the President to prepare and
transmit to Congress a detailed report on the
Administration's plan to assist the Federation of Bosnia and
Herzegovina to provide for its own defense.
Section 2610(e) provides definitions for relevant terms in
this section.
Section 2610(f) states unambiguously that nothing in this
section shall be interpreted as authorization for deployment
of United States forces in the territory of Bosnia and
Herzegovina for any purpose, including training, support, or
delivery of military equipment.
Annex 1 of the Dayton General Framework Agreement to end
the war in the former Yugoslavia addresses the military
aspects of the peace settlement, including the establishment
of a NATO-led multinational force called the Implementation
Force (IFOR). This annex also continues the cessation of
hostilities agreement (as previously agreed by the warring
parties on October 5, 1995), details a process for the
separation of belligerent forces within 30 days of signing,
establishes a process for notification by the parties of the
type and location of military equipment within their control,
and outlines the mission of the IFOR.
Annex 1 includes a second part establishing confidence
building measures between the parties and laying out a
process to create a military balance through arms reductions.
In the event that negotiations do not achieve arms
reductions, the agreement establishes a process to create
military parity based on a maximum ratio of heavy weaponry
(as defined in the agreement) of 5:2:2 for Serbia, Croatia
and Bosnia respectively (the Bosnian ratio is to be split 2:1
between the Federation and Republic of Srpska, respectively).
The baseline for creating this ration would be the total
amount of heavy weapons held by Serbia after a mandatory
twenty-five percent reduction.
The Conference Committee views the arms reduction
provisions of the Agreement to be a positive feature. The
Committee is concerned, however, that the Agreement contains
little detail on how the arms reductions would be
implemented, nor is there any mention in the Agreement of a
plan for arming or training the Bosnian government forces
should that be determined as a preferable option. Regardless
of whether arms control measures are implemented successfully
in the former Yugoslavia, the Conference Committee considers
the creation of a military balance between the Federation of
Bosnia and Herzegovina and its potential adversaries through
the provision of military assistance to the Federation as a
fundamental step in creating the conditions for the
successful withdrawal of United States forces, serving as
part of the Implementation Force (IFOR) in Bosnia and
Herzegovina.
The United Nations arms embargo imposed upon the former
Yugoslavia in September 1991, and extended without action in
the United Nations Security Council to the sovereign nation
of Bosnia and Herzegovina in April 1992, served to enforce an
imbalance in forces between the Government of Bosnia and
Herzegovina and its adversaries in the former Yugoslavia.
This imbalance led to disproportionate losses of civilians
and soldiers in Bosnia, and prevented the Government of
Bosnia and Herzegovina from exercising its fundamental right
of self-defense as provided for in Article 51 of the United
Nations Charter.
It is the view of the Conference Committee that the
improved military capabilities of the Bosnian government
forces was a factor in creating a measure of military
stability--and an environment for negotiations--which led to
signing of the Dayton Agreement. The improvement in the
military capabilities of the Bosnian government forces is,
however, still insufficient to effectively deter further
aggression. By creating a real military balance in the region
it is the view of the Committee that the environment in which
negotiations took place can be further enhanced to become an
environment in which a stable peace can occur between the
warring parties in the former Yugoslavia. The Conference
Committee is particularly emphatic in its support of this
initiative because the creation of such an environment is
also a critical element of the Clinton Administration's
pledge to remove United States forces from Bosnia and
Herzegovina by the end of 1996.
United States-North Korea Agreed Framework
The House bill (sec. 2641) summarizes the findings of
Congress regarding the salient features of the Agreed
Framework and its inadequacies in regard to specific
Congressional concerns.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1607) merges House bill
sections 2641, 2642, 2643, 2644, and 2645 into one provision.
The conference substitute expresses the sense of Congress
regarding the minimum conditions for participation in the
Agreed Framework, and lays out conditions under which
additional progress may occur in U.S.-North Korean bilateral
relations. Areas where progress is expected before upgrading
bilateral relations include: 1) dialogue in North-South
dialogue; 2) progress implementation of the North-South Joint
declaration on Denuclearization of the Korean Peninsula; 3)
reduction in the number of North Korean military forces along
the Demilitarized Zone; and, 4) prohibiting deployment of
North Korean ballistic missiles and weapons of mass
destruction. At the Senate's request, a fifth and sixth
category of expected progress on the part of the North
Koreans. These included cooperation on the recovery of
remains of American MIAs, and confirmation that North Korea
has ceased its support of international terrorism.
The conference substitute seeks to ensure that any
assistance provided to North Korea or the Koran Peninsula
Energy Development Organization (KEDO), regardless of the
agency or account from which they are derived will be
provided in accordance with the reprogramming notification
procedures contained in section 634A of the Foreign
Assistance Act.
U.S. policy concerning the dictatorship in Burma
The House bill, (sec. 2651) is a sense of Congress that the
U.N. Security Council should impose an international arms
embargo on Burma, affirm human rights, and reduce U.N.
organizations' presence in Burma, except to the UNDCP.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
U.S. policy with respect to the involuntary return of persons
subjected to torture
The House bill (secs. 2661, 2662) prohibits the use of
funds for the involuntary return of any person to a place in
which he/she is in serious danger of torture. A definition of
torture is included.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1256) prohibits the use of
funds authorized by this Act, or funds authorized for
emergency refugee and migration assistance, to be used for
the involuntary return of any person to a country in which he
or she is in serious danger of being subjected to torture.
The provision will partly implement the international
obligations of the United States under the Convention Against
Torture and Other Cruel, Inhuman, and Degrading Treatment or
Punishment.
Inter American organizations
The House bill (sec. 2701) states that the Secretary of
State should take into account the long-term commitment of
the U.S. to the affairs of the Western Hemisphere insetting
funding levels for Inter-American organizations.
The Senate amendment (sec. 304) is virtually identical.
The conference substitute (sec. 1706) specifies that the
Secretary of State should make every effort to pay the full
U.S. assessment for two Inter-American organizations, the
Organization of American States and the Pan American Health
Organization.
Territorial integrity of Bosnia and Herzegovina
The House bill (sec. 2702) expresses the sense of Congress
that the U.S. should refuse to recognize the incorporation of
any of the territory of Bosnia-Herzegovina into the territory
of a neighboring state.
The Senate amendment contains no comparable provision.
The conference substitute refers to sec. 1611.
The Laogai system of political prisons
The House bill (sec. 2703) expresses a sense of Congress
that the President should condemn the continued existence of
the Laogai and calls upon the Government of China to
dismantle it.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1701) expresses the sense
of Congress as contained in the House bill.
(a) Findings--The committee of conference makes the
following findings:
(1) The Chinese gulag, known as the Laogai, was created as
a primary means of political repression and control when the
Communists assumed power in China in 1949.
(2) The Laogai has caused millions of people to suffer
grave human rights abuses over the past 46 years, including
countless deaths.
(3) The Laogai continues to be used to incarcerate unknown
numbers of ordinary citizens for political reasons, including
workers, students, intellectuals, religious believers, and
Tibetans.
(4) So-called ``thought reform'' is a standard practice of
Laogai officials, and reports of torture are routinely
received by human rights organizations from Laogai prisoners
and survivors.
(5) Negotiations about unfettered access to Laogai
prisoners between the Chinese Government and the
International Red Cross have ceased.
(6) The Laogai is in reality a huge system of forced labor
camps in which political and penal criminals are slave
laborers producing an array of products for export throughout
the world, including the United States.
(7) The Chinese Government continues to maintain, as part
of its official propaganda and in defiance of significant
evidence to the contrary gathered by many human rights
organizations, that the Laogai is a prison system like any
other in the world.
(8) Testimony delivered before the Subcommittee on
International Operations and Human Rights of the Committee on
International Relations of the House of Representatives has
documented human rights abuses in the Laogai which continue
to this day.

[[Page H2030]]

(9) The American people have repeatedly expressed their
abhorrence of forced labor camps for persons convicted of
political crimes, whether they be operated by the Nazis,
Soviet Communists, or any other political ideology.
Use of funds to further normalize relations with Vietnam
The House bill (sec. 2704) expresses a sense of Congress
that funds should not be obligated to further normalize
relations with Vietnam until the government of Vietnam holds
free elections, respects human rights and accounts for
remaining POW/MIA cases.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1214) provides that none of
the funds authorized to be appropriated under this Act may be
obligated or expended for costs incurred for opening or
operating any U.S. diplomatic or consular post in Vietnam
that was not operating on July 11, 1995, for expanding any
U.S. diplomatic or consular post in Vietnam that was not
operating on July 11, 1995, or increasing the total number of
personnel assigned to the U.S. diplomatic or consular posts
in Vietnam above the levels existing on July 11, 1995 unless
60 days prior to the obligation of funds, the President
certifies to Congress that based upon all information
available to the U.S. government that the Government of
Vietnam is fully cooperating in four areas of POW/MIA
investigations and research. This substitute is consistent
with the provision contained in the Commerce, Justice, State
and Related Agencies Appropriations bill for Fiscal Year
1996.
Declaration of Congress regarding U.S. Government human
rights policy toward China
The House bill (sec. 2705) expresses a sense of Congress
that the People's Republic of China continues to violate
human rights, and requires within 90 days, reports on the
President's successes with his China human rights policy and
the status of coercive population control programs and on
prison labor conditions.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1702) is similar to the
House bill with modifications to update the provision.
Concerning the U.N. Voluntary Fund for Victims of Torture
The House bill (sec. 2706) expresses a sense of Congress
that the Voluntary Fund should develop and support treatment
centers for torture victims and that the U.S. should support
the work of the Special Rapporteur on Torture and the
Convention Against Torture.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment. The committee of conference suggest that the
President acting through the U.S. Permanent Representative to
the U.N., should request the U.N. Voluntary Fund for Victims
of Torture to find new ways to support and protect treatment
centers that are carrying out rehabilitative services for
victims of torture.
Recommendations of the President for reform of the War Powers
Resolution
The House bill (sec. 2707) expresses a sense of Congress
that the President should transmit to Congress
recommendations for reform of the War Powers Resolution.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Conflict in Kashmir
The House bill (sec. 2708) expresses a sense of Congress
that the U.S. should reiterate the need for parties to the
conflict in Kashmir to enter into negotiations.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
U.S. relations with the former Yugoslav Republic of Macedonia
The House bill (sec. 2709) expresses a sense of Congress
that the Former Yugoslav Republic of Macedonia should be
eligible for all U.S. foreign assistance programs.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1703) is identical to the
House bill.
Displaced persons
The House bill (sec. 2711) expresses a sense of Congress
that $20 million of U.N. Development Program funds should be
used for programs for displaced person within their own
countries of nationality, in cooperation with the
International Organization for Migration, the International
Committee for the Red Cross, and other non-governmental
organizations.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1704) is the same as the
House bill with a technical modification.
Policy toward Iran
The House bill (sec. 2712) expresses a series of findings
and Congressional declarations regarding U.S. policy toward
Iran.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Conflict in Chechnya
The House bill (sec. 2713) expresses a series of findings
and Congressional declarations urging the President to repeat
the call to end the war in Chechnya.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment. The Committee of Conference still considers this
provision to be important.
(a) Findings--The committee of conference finds the
following:
(1) Russian troops advanced into Chechnya on December 10,
1994, and were met with strong resistance from Chechen rebels
who have now moved to the Caucasus mountains where they are
engaging in what even the most optimistic Russian military
officers predict will be a drawn-out guerrilla war.
(2) The cost of the Chechen battle is estimated to cost the
Government of Russia at least $2,000,000,000 and could
exacerbate the budget deficit of the Government of Russia.
(3) The United States has approved over $2,400,000,000 in
loan guarantees through the Export-Import Bank of the United
States and the Overseas Private Investment Corporation.
(4) The United States has provided Russia with significant
direct assistance to promote a free market economy, support
democracy, meet humanitarian needs, and dismantle nuclear
weapons.
(b) Declaration of Policy--The committee of conference
declares the following:
(1) United States investment in Russia has been significant
in promoting democracy and stabilizing the economy of Russia
and this progress could be imperiled by Russia's continued
war in Chechnya.
(2) The inability to negotiate an end to this crisis and
the resulting economic implications could adversely affect
the ability of Russia to fulfill its commitments to the
International Monetary Fund, the Export-Import Bank of the
United States, and the Overseas Private Investment
Corporation.
(3) In further contacts with President Yeltsin, it is
imperative that President Clinton repeat his call for an
immediate end to the war in Chechnya.
U.S. Delegation to the Fourth World Conference on Women in
Beijing
The House bill (sec. 27l4) expresses a sense of Congress
that the U.S. delegation to the Fourth World Conference on
Women, should include a Tibetan representative.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Female genital mutilation
The House bill (sec. 2715) expresses a sense of Congress
that the President should seek to end the practice of female
genital mutilation worldwide through the active cooperation
and participation of governments in countries where female
genital mutilation takes place.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Sense of Congress regarding Syrian occupation of Lebanon
The House bill (sec. 2716) expresses a sense of Congress
that the Government of Syria should comply with the Taif
Agreement and withdraw all of its troops from Lebanon and the
Secretary of State should report to Congress on the actions
the U.S. has taken to encourage withdrawal of all Syrian
troops from Lebanon.
The Senate amendment contains no comparable provision.
The conference substitute is identical to the Senate
amendment.
Statutory construction
The Senate amendment (sec. 502) clarifies that the Arms
Control and Disarmament Agency cannot authorize policies
which would interfere with the acquisition, possession or use
of firearms by an individual for the purpose of personal
defense, sport, education or training.
The House bill contains no comparable provision.
The conference substitute (sec. 1605) is identical to the
Senate amendment.
Payments of Iraq claims
The Senate amendment (sec. 603) requires the Secretary of
the Treasury to approve all applications for licenses that
meet the criteria of section 575.510 of title 31, Code of
Federal Regulations, even though such applications may have
failed to meet the requirement that the letter of credit be
issued or confirmed by a U.S. bank or that the letter of
credit reimbursement be confirmed by a U.S. bank. Licenses
pursuant to this section shall be issued within 30 days of
the date of enactment of this Act.
The House bill contains no comparable provision.
The conference substitute (sec. 1614) vests in the
President all blocked non-diplomatic accounts or assets of
the Government of Iraq and would direct the President to
liquidate such accounts not later than 30 days after
enactment.
Upon the vesting of these accounts, the Secretary of the
Treasury is directed to establish in the Treasury an Iraq
Claims Fund for payment of private claims or U.S. Government
claims. The Foreign Claims Settlement Commission of the
United States is authorized to determine the validity and
amounts of private claims and certify to the Treasury the
awards made in favor of each private claim.
Not later than two years after the date of enactment, the
Secretary shall make payment out of the Fund on certified
private

[[Page H2031]]

claims according to the proportions which the total amount of
certified private claims bear to the total amount in the Fund
that is available for distribution at the time payments are
made. After payments have been made in full on private claims
out of the Fund, any funds remaining can be made to satisfy
U.S. Government claims against the Government of Iraq.
The President is directed to determine the validity of
government claims which the Secretary of State has determined
are outside the jurisdiction of the United Nations
Commission. To the extent that there are enough funds
available to satisfy these claims, the President is
authorized and requested to enter into a settlement with the
Government of Iraq providing payment for these claims.
The conference substitute embraces the pre-existing
procedures of the Foreign Claims Settlement Commission to
ensure uniformity of process with previous claim
adjudications such as Iran and Vietnam.
Paying private claims first out of blocked Iraqi assets
recognizes that many U.S. companies cannot wait over six
years to receive the proceeds from their legitimate
commercial transactions. When the President freezes assets of
hostile foreign countries, U.S. exporters and businesses
should not be forced to shoulder a disproportionate burden of
the costs.
Private American claimants cannot readily negotiate with
the Government of Iraq for satisfaction of their claims. This
legislation does nothing to prohibit the United States
Government from fully collecting on the American taxpayer
claims through continued negotiations with the Government of
Iraq or with the United Nations Compensation Commission.
Reports regarding Hong Kong
The Senate Amendment (sec. 604) amends the Hong Kong Policy
Act of 1992 (22 U.S.C. 5731) to extend the requirement in the
Hong Kong Policy Act for the Secretary of State to transmit a
report on conditions in Hong Kong of interest to the U.S. by
March 31, 1995 and every year thereafter.
The provision requires this report to detail information on
the status of and other developments affecting:
implementation of the Sino-British Joint Declaration on the
Question of Hong Kong, including the Basic Law and its
consistency with the Joint Declaration; the openness and
fairness of the election of the chief executive and the
executive's accountability to the legislature; the treatment
of political parties; the independence of the judiciary and
its ability to exercise the power of final judgement over
Hong Kong law; and the Bill of Rights.
The House bill contains no comparable amendment.
Taipei Representative Office
The Senate amendment (sec. 606) redesignates the Taipei
Economic and Cultural Representative Office as the ``Taipei
Representative Office''.
The House bill contains no comparable provision.
The conference substitute (sec. 1603) permits the Taipei
Economic and Cultural Representative Office to operate under
the name of the ``Taipei Representative Office''.
Prohibition on the use of funds to facilitate Iraqi refugee
admissions into the United States
The Senate amendment (sec. 609) prohibits funding for
admission into the U.S. of Iraqi refugees currently residing
in Turkey and Saudi Arabia.
The House bill contains no comparable provision.
The conference substitute (sec. 1254) requires a report on
various aspects of the Iraqi refugee resettlement program.
The main purpose of the report is to ensure that the
resettlement of Iraqi refugees from Turkey or Saudi Arabia to
the United States comports with all applicable immigration
and refugee laws and policies.
Special envoy for Nagorno-Karabakh
The Senate amendment (sec. 610) expresses a sense of
Congress that the President should appoint a special envoy to
settle the conflict in Nagorno-Karabakh.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Efforts against emerging infectious diseases
The Senate amendment (sec. 612) directs the President to
develop strategies to combat emerging infectious diseases. It
requires the submission to Congress of a strategic plan, in
cooperation with the international public health
infrastructure, to identify and respond to the threat of
emerging infectious diseases which pose a danger to the
health of the people of the U.S.
The House bill contains no comparable provision.
The conference substitute (sec. 1604) is identical to the
Senate amendment except the reporting date is changed to six
months after enactment.
Report on firms engaged in export of dual-use items
The Senate amendment (sec. 613) requires the Secretary of
State to issue a report every 180 days until 1998 discussing
measures taken to prevent future lapses in the screening
process and to coordinate government agencies involved in
exports.
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Middle East Peace Facilitation Act
The Senate amendment (sec. 615)
The House bill contains no comparable provision.
The conference substitute is identical to the House bill.
Housing Guarantee Program
The House bill (sec. 3251 & 3252) provides close-down
funding for the Housing Investment Guarantee Program in
accordance with GAO's recommendation. Loan losses and
management problems have plagued this program. Sec. 3252,
prohibits the issuance of any new guarantees under the HIG
program after the date of enactment of this bill. Existing
guarantees which have not been applied to loans are cancelled
upon enactment of the bill.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1111) includes the two
above-referenced House provisions that would terminate the
AID Housing Guarantee Program and impose new penalties to
forestall defaults on existing guarantees and increase
collection on bad loans. Under these sections, no new
guarantees would be issued. Existing guarantees which have
not been used would be cancelled, except in South Africa.
Borrowers which fall into arrears on a guaranteed loan will
have AID assistance suspended until the borrower becomes
current on the guaranteed loan, whereupon assistance is
restored.
These provisions address the findings by the General
Accounting Office that the U.S. has paid $542 million to
cover the failure of 23 foreign governments to make payments
on guaranteed loans and that another $600 million will have
to be paid out to cover future defaults on the existing $2.7
billion in outstanding guarantees. That is a total projected
loss of $1 billion, or 40 percent. Further, the GAO found
that of the $542 million in claims paid, the U.S. government
has failed to recover $409 million from the borrowers who
failed to make payments on guaranteed loans.
Deobligation of certain AID funds
The House bill (sec. 3286) requires the deobligation of
certain categories of economic assistance funds which have
remained unexpended for more than three years after being
appropriated. Deobligated funds are returned to the Treasury.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1616) is identical to the
House provision which would de-obligate certain AID funds
left over from prior years which have remained unspent. Under
the provision, AID funds remaining unspent after 3 fiscal
years would be de-obligated and returned to the Treasury.
Exceptions are incorporated for funds devoted to long-term
construction projects and projects delayed due to unforeseen
circumstances.
This provision addresses a long-standing recommendation by
the General Accounting Office that the AID ``pipeline'' be
curtailed. In 1991 when GAO first made its recommendation,
AID had $8.8 billion in funds left over from prior years. At
the end of FY 1995, 5 years later, the amount was $8.5
billion, of which approximately $1 billion dated back more
than 3 years. GAO found that although AID has authority to
re-program funds when priorities change, AID has made very
little use of this administrative flexibility. GAO further
found that leaving AID funds unspent for many years leads to
waste.
Limitation on assistance to countries that restrict the
transport or delivery of United States humanitarian
assistance
The House bill (sec. 3418) prohibits assistance to any
country that impedes or prohibits the transport or delivery
of U.S. humanitarian assistance. The ban on U.S. aid to
countries impeding delivery of U.S. humanitarian aid to third
countries would be waived if the President issued Congress a
waiver stating the continued aid would be in the U.S.
national security interest.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1617) is identical to the
House bill.
Industrial park for Gaza or the West Bank
The conference substitute (sec. 1710) requires the
President to report to the Appropriate Congressional
Committees not later than 180 days after enactment of this
bill detailing all actions taken by the U.S. government to
establish an industrial park in Gaza or the West Bank and
identifying all U.S. government funds intended for the
development of such an industrial park.
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 terrorists
acts have exacerbated existing problems in Gaza is now
experiencing staggering unemployment nearing fifty percent,
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.
International Fund for Ireland
The House bill (sec. 3204) provided a funding cap from
Economic Support Funds of

[[Page H2032]]

$29.6 million in FY 1996 and $19.6 million in FY 1997 for the
U.S. contribution to the International Fund for Ireland
(IFI). The amounts made available are authorized to remain
available until expended.
The House section also amended the Anglo-Irish Agreement
Support Act of 1986 (P.L. 99-415) to require that U.S.
contributions ``shall'' be used in a manner that effectively
increases employment opportunities in communities with rates
of unemployment ``significantly'' higher that the local or
urban average of unemployment in Northern Ireland (defined as
the counties of Antrim, Armagh, Derry, Down, Tyrone, and
Fermanagh).
Under this section funding could be provided by the IFI
only if individuals or entities receiving such funds are in
compliance with the ``principles of economic justice.'' The
principles of economic justice are defined as the ``MacBride
Principles'' as modified, include:
(1) Increasing the representation of individuals, from
underrepresented religious groups in the workforce, including
managerial, supervisory, administrative, clerical, and
technical jobs,
(2) Providing adequate security for the protection of
minority employees at the workplace,
(3) Banning provocative sectarian or political emblems from
the workplace,
(4) Providing that all job openings be advertised publicly
and providing that special recruitment efforts be made to
attract applicants from underrepresented religious groups,
(5) Providing that layoff, recall and termination
procedures do not favor a particular religious group,
(6) Abolishing job reservations, apprenticeship
restrictions and differential employment criteria which
discriminate on the basis of religion,
(7) Providing for the development of training programs that
will prepare substantial numbers of minority employees for
skilled jobs, including the expansion of existing programs
and the creation of new programs to train, upgrade and
improve the skills of minority employees,
(8) Establishing procedures to assess, identify and
actively recruit minority employees with the potential for
further advancement, and
(9) Proving for the appointment of a senior management
staff member to be responsible for the employment efforts of
the entity and, within a reasonable period of time, the
implementation of the principles described above.
The Senate amendment contains no comparable provision.
The conference substitute (sec. 1615) reduces the funding
cap from $29.6 million to $19.6 million for fiscal year 1996.
The committee of conference also inserted ``should'' for
``shall'' in the Anglo-Irish Agreement Act amendment to
provide the Administration with more discretion in
implementing this section. The term significantly was
determined to be redundant and was deleted from the
referenced areas of high unemployment.
The section also includes the principles of economic
justice to insure that these principles should be applied by
those individuals or entities who receive any portion of the
U.S. contribution to the International Fund for Ireland.
In addition a new provision was added to insure nothing
shall require quotas or reverse discrimination, which is
consistent with the intent and purpose of the MacBride
principles.
Republic of China Taiwan participation in GATT and WTO
The committee of conference (sec. 1709) agreed to this
provision (sec. 2709) expressing a sense of Congress on The
Republic of Taiwan's membership in the General Agreement on
Tariffs and Trade and the World Trade Organization.
Benjamin A. Gilman,
Bill Goodling,
Henry J. Hyde,
Toby Roth,
Doug Bereuter,
Christopher H. Smith,
Dan Burton,
Ileana Ros-Lehtinen,
Managers on the Part of the House.

Jesse Helms,
Olympia Snowe,
Hank Brown,
Paul Coverdell,
John Ashcroft,
Managers on the Part of the Senate.

____________________