[Congressional Record Volume 143, Number 84 (Tuesday, June 17, 1997)]
[Senate]
[Pages S5738-S5789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1997
The Senate continued with the consideration of the bill.
The PRESIDING OFFICER. The Senator from Maryland is recognized.
Amendment No. 393
(Purpose: To strike section 2101(g), limiting funding for U.S.
memberships in international organizations and requiring withdrawal
from organizations which exceed that limitation)
Mr. SARBANES. I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Maryland [Mr. Sarbanes] proposes an
amendment numbered 393.
The amendment is as follows:
On page 160, strike line 18 and all that follows through
line 7 on page 162.
Mr. SARBANES. Mr. President, this amendment, referring to pages 160
to 162 of the bill, takes out subsection (g), which is a subsection
that puts forward the possibility that the United States might withdraw
from the United Nations. I am very frank to tell you that I don't think
the prospect of that eventuality ought to be raised in this
legislation.
This legislation, in effect, says that if the amount of funds made
available for U.S. membership exceed a certain figure, then withdrawal
is required. Of course, we determine the amount of funds that are made
available. In any event, even if the figure is exceeded, I don't think
a withdrawal sanction ought to be incorporated in this legislation. If
you stop and think about it, that is quite a sweeping proposition.
Let me quote from paragraph (2) of that subsection:
Notwithstanding any other provision of law, the United
States shall withdraw from an international organization. . .
.
It then goes on to set out the procedures for doing so, and the
deadline for doing so. Let me read for a second.
Unless otherwise provided for in the instrument concerned,
a withdrawal under this subsection shall be completed within
one year in which the withdrawal is required.
Then it requires the President to submit a report on the withdrawal.
I hope that the managers of the bill, upon reflection, will agree
with me that we ought not to be including in the legislation any
provisions that carry with them the implication of withdrawal from the
United Nations.
The United Nations is too important an organization, and our
participation in it is too critical a matter to include in this
legislation a provision of this sort. The provision on which I am
focusing runs from pages 160 to 162, providing for the withdrawal of
the United States from the United Nations.
My amendment is focused on a limited part of this bill. I have a lot
of differences with other parts of this bill, as Members well know. I
supported the effort earlier in the day to take out the
[[Page S5739]]
conditionality of the payment of our arrearages, which did not prove
successful. But I am very frank to tell you that I find it a matter of
very deep concern--even of dismay--that this legislation should even
include within it the possibility for the consideration of the
withdrawal of the United States from the United Nations. To suggest
that we are thinking of withdrawal, or that withdrawal would be
required under certain circumstances, in my judgment is very
detrimental to our international leadership. It affects our credibility
at the United Nations, and around the world.
What is sought in this bill, to stay within certain funding
limitations, is within the control of the Congress in any event. So
there would be other ways for the Congress, in making its decision on
resources to be provided, to adhere to that standard. But I do not
think we should put it in this legislation.
If we are going to withdraw from the United Nations, we ought to have
a full-scale debate about withdrawing from the United Nations.
Withdrawal from the United Nations is not some minor course of action
to be taken lightly, not some form of discipline to address a problem
that can be addressed in other ways. It is a very serious matter. I
think even raising the prospect of withdrawal from the United Nations
is harmful to American interests. I very much hope the managers of the
bill will find it possible to accept this amendment.
I do not understand why we are, in effect, bringing in the most
extreme remedy one could imagine, the one that most sharply affects our
international leadership and our position in the United Nations, namely
the remedy of withdrawal. I do not think this legislation ought to have
any mention of withdrawal from the United Nations and I very much hope
we will be able to take this particular section out of this
legislation.
The PRESIDING OFFICER. Is there further debate on the amendment?
Mr. INOUYE addressed the Chair.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, I ask for immediate consideration of my
measure.
Mr. HELMS. Is there not a pending amendment?
The PRESIDING OFFICER. Is there objection to setting aside the two
pending amendments? Without objection, it is so ordered.
Amendment No. 376
(Purpose: To authorize appropriations for the Center for Cultural and
Technical Interchange between East and West)
Mr. INOUYE. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Hawaii [Mr. Inouye], for himself, Mr.
Hatch, Mr. Hollings, and Mr. Akaka, proposes an amendment
numbered 376.
The amendment is as follows:
At the end of section 1301(a) of the bill, insert the
following new paragraph:
(6) ``Center for Cultural and Technical Interchange between
East and West'', $18,000,000 for the fiscal year 1998 and
$15,000,000 for the fiscal year 1999.
Mr. AKAKA. Mr. President, I am pleased to join my friend, the senior
Senator from Hawaii, in offering this amendment to restore funding for
the East-West Center in fiscal years 1998 and 1999.
Over the past 37 years, the East-West Center has established its
reputation as one of the most respected and authoritative institutions
dedicated to the advancement of international cooperation throughout
Asia and the Pacific. The Center has played a key role in promoting
constructive American involvement in the Asia-Pacific region through
its education, dialogue, research, and outreach programs. The Center
addresses critical issues of importance to the Asia-Pacific region and
U.S. interests in the area, including international trade, economic
cooperation and politics, security, energy and natural resources,
population, the environment, technology, and culture.
The achievements of the East-West Center bear repetition. Since its
creation by Congress in 1960, the Center has welcomed more than 53,000
participants from over 60 nations and territories to research,
education, and conference programs. Over 45,000 alumni have pursued
degrees and participated in research, training, and dialogue under
East-West Center grants.
Scholars, statesmen, government officials, journalists, teachers, and
business executives from the United States and the nations of Asia and
the Pacific have benefited from studies at the Center. These government
and private sector leaders comprise an influential network of East-West
Center alumni throughout the Asia-Pacific region. The EWC alumni
association has 35 chapters throughout Asia. I continually encounter
proud Center alumni in meetings with Asian and Pacific island
government officials and business leaders.
The success of the Center as a forum for the promotion of
international cooperation and the strength of the positive personal
relationships developed at the Center are reflected in the prestige it
enjoys in the region. Japan, Korea, Taiwan, Indonesia, Fiji, Papua New
Guinea, Pakistan, and other American allies in the region--over 20
countries in all--support the Center's programs with contributions. The
Center has also received endowments from benefactors in recognition of
its contributions and value.
Mr. President, the countries of Asia and the Pacific are critically
important to the United States and our political and economic interests
into the next century. By the year 2000, the Asia-Pacific region will
be the world's largest producer and consumer of goods and services.
Their markets for energy resources, telecommunications, and air travel
are fast becoming the world's largest.
Future economic growth and job creation in the United States is
closely linked to our ability to identify and secure opportunities in
the world's fastest growing economies. The East-West Center provides
leadership and advice on economic issues, including APEC [Asia Pacific
Economic Cooperation] and the U.S.-Pacific Island Joint Commercial
Commission [JCC].
Mr. President, given the strategic and economic importance of the
Asia-Pacific region to U.S. interests, and the credibility and trust
enjoyed by the East-West Center in the region, I believe it is short-
sighted to slash funding for the Center. While issues and developments
in Asia are the focus of increased attention, and foreign affairs
mandarins speak of the dawn of the Asian century, the United States has
closed AID offices in the region and slashed funding for programs and
organizations--like the East-West Center. These institutions are
valuable to our Nation's understanding of Asia and the Pacific rim and
our interaction with regional scholars, executives, and government
leaders. Withdrawing our support sends signals to our friends and
others in the region that our commitment and engagement are tenuous.
For over three decades we have invested in the East-West Center,
creating an important resource that promotes regional understanding and
cooperation, provides expertise on complex regional issues, and informs
our foreign policy decisionmaking. The amendment we offer seeks to
ensure the continued existence of the East-West Center and the quality
of its programs. If the Congress ends funding for the Center, its
viability will be threatened and its future brought into doubt. This
amendment authorizes a modest, but essential, level of support for the
continued operation of the East-West Center.
It communicates the importance our country places on exchange and
cooperation with nations of the Asia-Pacific region and the lead role
played by the East-West Center in promoting regional interaction and
cooperation.
Mr. President, I want to conclude by thanking my friend and colleague
from Hawaii for his leadership in this effort to preserve the mission
and good work of the East-West Center. I also want to express my
appreciation to our colleagues who have cosponsored this amendment and
expressed support for the East-West Center.
I urge the adoption of the amendment.
Mr. INOUYE. Mr. President, I ask this matter be temporarily set aside
for final disposition.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ENZI addressed the Chair.
The PRESIDING OFFICER. The Senator from Wyoming.
[[Page S5740]]
Amendment No. 394
(Purpose: To limit the use of United States funds for certain
activities by the United Nations and affiliated organizations)
Mr. ENZI. Mr. President, I rise to offer an amendment to the
underlying legislation.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Enzi] proposes an amendment
numbered 394.
Mr. ENZI. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At an appropriate place in the bill, insert the new section
as follows:
SEC. . LIMITATION ON THE USE OF UNITED STATES FUNDS FOR
CERTAIN UNITED NATIONS ACTIVITIES.
(a) Notwithstanding any other provision of law, no United
States funds shall be used by the United Nations, or any
affiliated international organization, for the purpose of
promulgating rules or recommendations, or negotiating or
entering into treaties, that would require or recommend that
the United States Congress, or any Federal Agency which is
funded by the U.S. Congress, make changes to United States
environmental laws, rules, or regulations that would impose
additional costs on American consumers or businesses.
(b) Any violation of subsection (a) by the United Nations
or any affiliated organization shall result in an immediate
fifty percent reduction of all funds paid by the United
States to the United Nations for the fiscal year in which the
violation occurs and for all subsequent years until the
United Nations or affiliated organizations revokes or repeals
such rule, regulation, or treaty described in subsection (a).
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. ENZI. Mr. President, my amendment would ensure that American
taxpayers get a fair deal when it comes to the $900 million this bill
authorizes us to pay in dues to international organizations. My
amendment would ensure that the United Nations does not spend U.S.
taxpayer money to sponsor conventions that result in stricter--and more
expensive--environmental standards for Americans than other members
have to bear.
I know the chairman has worked very diligently to ensure that our
money is carefully accounted for by these international organizations.
He has placed some strict limitations on the use of our funds, both at
the United Nations and by the various international boards in charge of
spending our money, but frankly, I would like those limitations to be a
little more explicit.
My amendment would prohibit the use of U.S. funds by the United
Nations or any affiliated international organization to propose or
promulgate treaties that impose new environmental costs on the United
States--until, all other members of the United Nations have reached our
level of environmental standards and enforcement.
Many Americans, and surely my constituents in Wyoming, have a hard
time understanding why we are writing a $1 billion check to
international organizations and then exercising little oversight on how
the money is spent. I ask you to consider for a moment, the
accountability requirements we place on our own citizens when it comes
to use of public property or receipt of Government payments.
Ask a farmer what paperwork he or she had to fill out for the Farm
Services Agency and the Natural Resource Conservation Service in order
to get that corn or wheat payment last year-- or what bureaucratic
tests disaster victims must endure to enlist support from the Federal
Government.
Ask an independent oil or gas producer how many reports they have to
file with the Minerals Management Service or with the Bureau of Land
Management in order to maintain a lease on Federal land.
Or ask a small business owner what records they have to keep in order
to prove to Government inspectors that they are complying with OSHA
regulations and with EPA regulations--or to prove they are complying
with the Family and Medical Leave Act or the Fair Labor Standards Act.
Ask them how much it costs to have their taxes done. I raise these
examples to show how much we expect of our own citizens. We place
enormous levels of accountability on anybody who takes initiative in
this country and we weigh them down with paperwork. We even hold them
accountable to tell us exactly how much we will take from them in
taxes.
And then we turn around and hand out their money. We spread it
around, far and wide. There are $900 million in payments to
international organizations in this bill and there is almost no
accountability. My constituents want fairness.
I am particularly concerned by our participation in the United
Nations Framework Convention on Climate Change and my amendment is
drafted to challenge that issue, among others. I am pleased that the
committee wants to require the administration to tell Americans how
much the treaty is going to cost. Americans should know how much it
will cost and who will have to pay for it. We are using their money to
negotiate this treaty. Let's be honest with them.
I think they might be surprised at what is being proposed. According
to one independent estimate, complying with United Nations targets for
greenhouse gas emissions could cost this country as much as $350
billion per year! That is nearly $1500 for every man, woman and child.
And while you are adding up that bill for the folks back home, don't
forget to point out that we could also lose nearly 5 million jobs
directly related to energy use and production. Then there will be
several million more that are indirectly related.
That should make an impact on those hardworking American taxpayers in
your home State. But I'll tell you what will really get them--when they
find out that developing countries don't have to comply. Countries like
China, India, Brazil, and Mexico will only have to report on their
emissions, not do anything about them.
All of this information may seem reasonable to some, but I will tell
you, they don't buy it in Wyoming. International organizations should
not be using American money to impose unfair requirements on Americans.
I understand the difficulty the chairman has had with these issues
and I recognize his efforts in this bill to restrict the taxation
authority of the United Nations. I would like to direct a question to
the chairman from North Carolina, if I may.
Mr. Chairman, is it your belief that this bill adequately safeguards
American taxpayers from any unauthorized use of United States funds by
the United Nations or its affiliated environmental organizations?
Mr. HELMS. Mr. President, I thank the Senator for his amendment and
I, of course, share his concern with the increasing number of United
Nations treaties that impose regulatory burdens and, as he puts it,
infringe on the rights of the American people. In fact, the pending
bill, S. 903, addresses many of his concerns. I demanded that this
legislation prohibit any funding to the United Nations until the
Secretary of State certifies that the sovereignty of the United States
has not been violated.
A lot of people giggled about that. But as the Senator knows, it is a
very real problem, potentially. As the Senator also knows, many of us
have worked for months to develop this comprehensive United Nations
reform package. I think the Senator will understand, and I find myself
in a position where I simply must be faithful to the deal into which I
have made entry and participated. Senator Biden has been so
cooperative. He is sticking to his bargain and I shall stick to mine.
This bill requires a number of key reforms at the United Nations, but
it certainly does not require every reform that I wanted.
Let me say again to the Senator from Wyoming, I support his efforts
but I cannot support any amendment to change this package. But I will
assure him that the Foreign Relations Committee this week will have
hearings to consider United Nations climate change negotiations, and
will hold additional hearings on actions by the United Nations that
impose international regulatory burdens on the American people.
Mr. ENZI. Mr. President, in light of the assurances I have received
from the chairman of the committee, and from his staff regarding the
Presidential reporting requirements contained in the bill, I will
withdraw my amendment.
I look forward to debating this issue again when we receive the
Presidential reporting information.
[[Page S5741]]
Let me say before I close that this bill is a good example of a
bipartisan effort to reduce the size of the Federal Government by
consolidating agencies into the State Department. Furthermore, reform
of our policies with regard to the U.N. are long overdue. The chairman
has shown great leadership in negotiating this important bill.
I yield the floor.
The amendment (No. 394) was withdrawn.
Mr. HELMS. I thank the Senator and I assure him we will not forget
his interests.
Amendment No. 392
Mr. HELMS. Mr. President, Senator Bennett offered an amendment which
regular order would make the pending business, would it not?
The PRESIDING OFFICER. Regular order does put us back on the Bennett
amendment.
Mr. HELMS. I thank the Chair. Let me make a few comments before we
consider regular order.
On February 8 of last year, 1996, I sent a letter to President
Clinton urging that he no longer tolerate Chinese-Iranian missile
cooperation and transfers. At that time I noted that U.S.
nonproliferation laws provided ``a clear, legal requirement--and I am
quoting from my letter--that sanctions be levied against China for its
missile sales to Iran,'' and I appealed to the President at that time
to act decisively. In response, the President assured me that he would,
in fact, and in deed, implement the missile sanctions law, and he used
the words, ``faithfully and fully'' when the United States had
determined that sanctionable activities have occurred.
Senator Bennett and I were speaking about that a while ago. We have
been waiting for more than a year. Meanwhile, repeated media reports
have confirmed beyond any peradventure whatsoever that Chinese-Iranian
missile cooperation continues apace, and that the United States is well
aware of these activities and that the administration has deliberately
elected to ignore Sections 73 and 81 of the Arms Export Control Act,
and the 1992 Iran-Iraq nonproliferation act.
In fact, an article in the Washington Times last November 21, I
believe it was, purports to quote from a classified October 2, 1996 CIA
report entitled, ``Arms Transfers to State Sponsors of Terrorism.''
Among the transfers reported are missile guidance components, 400
metric tons of chemicals for Iran's chemical warfare program, and
advanced cruise missiles.
There can be no doubt that China's provision of advanced missile
technology and equipment to Iran directly threatens our national
security interests and directly contravenes U.S. law. Over the past
several years, Iran has purchased Sunburn, C-801 and C-802 antiship
cruise missiles, fast attack missile boats, diesel submarines, and
naval mine warfare capabilities.
In addition, Iran has reportedly been constructing tunnels along the
coast of the Persian Gulf to shelter ballistic missiles. And Iran may
have deployed antishipping missiles on islands at the mouth of the
Persian Gulf--which, as anybody who has been there knows, is a natural
choke point, useful for strangling our flow of oil through the gulf.
These new capabilities pose a serious risk to the U.S. naval presence
in the region, and to Saudi Arabia, Bahrain and Qatar's oil and natural
gas refineries along the coast.
The point is, the White House should be prepared to, as it promised,
fully and faithfully respond with the sanctions required by law for
China's proliferation activities, as the President assured me he would
in a letter last year.
In closing, I welcome Senator Bennett's remarks and his amendment.
Let me inquire of the Chair if the yeas and nays have been obtained
on the amendment.
The PRESIDING OFFICER. The yeas and nays have been ordered on the
amendment.
Mr. HELMS. I think this would be a good time to have a rollcall vote.
Mr. KERRY addressed the Chair.
Mr. HELMS. How long will the Senator need?
Mr. KERRY. Mr. President, if I can ask the Senator if Senator
Wellstone and I can proceed as we had discussed for a few moments
outside of the legislative business.
Mr. HELMS. That is what I am inquiring about.
Mr. KERRY. Somewhere, say, around 12 minutes I think we should be
able to finish; 12 minutes, Mr. President, divided between the two of
us.
Mr. HELMS. That is fine.
The PRESIDING OFFICER. Is there a unanimous-consent request?
Mr. KERRY. Mr. President, I ask unanimous consent that Senator
Wellstone and I be permitted to proceed as in morning business, with
the interruption not to show in the course of the legislative day on
the foreign relations bill.
The PRESIDING OFFICER (Mr. Bennett). Is there objection?
Mr. SARBANES. Reserving the right to object. Can I ask the
parliamentary situation? I take it the Bennett amendment was offered
and set aside, and then I offered an amendment and that was set aside.
Is there another amendment pending?
The PRESIDING OFFICER. The Senator from Hawaii offered an amendment,
and that has been set aside, and the regular order is the Bennett
amendment.
Mr. SARBANES. I simply say to the chairman, I am quite happy to
cooperate with the committee in setting aside the amendments, but I ask
the chairman if I can have the courtesy of being given a little bit of
notice--not much--just in order to get here when the chairman thinks he
may go back to considering my amendment.
Mr. HELMS. Very well. I give that assurance to Senator Sarbanes.
Mr. SARBANES. I thank the Chair. I have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Massachusetts is recognized.
Mr. HELMS. Just one moment, Mr. President. I suggest that the
Cloakrooms be notified of the proximity of the vote.
The PRESIDING OFFICER. The Senator from Massachusetts.
(The remarks of Mr. Kerry and Mr. Wellstone pertaining to the
introduction of S. 918 are located in today's Record under ``Statements
on Introduced Bills and Joint Resolutions.'')
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. In connection with the pending amendment to be voted on
shortly by the distinguished Senator from Utah, I hope that my request
will be approved that we await the arrival of Senator Biden, because he
may want to have some comments on it, too.
So in that context, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. I suggest we go to the vote.
The PRESIDING OFFICER (Mr. Santorum). The question is on agreeing to
the amendment offered by the Senator from Utah, amendment No. 392. The
yeas and nays have been ordered. The clerk will call the roll.
The bill clerk called the roll.
Mr. NICKLES. I announce that the Senator from Idaho [Mr. Kemp-
thorne] is necessarily absent.
Mr. FORD. I announce that the Senator from South Dakota [Mr.
Daschle], the Senator from Iowa [Mr. Harkin], the Senator from South
Dakota [Mr. Johnson] are necessarily absent.
I further announce that the Senator from South Dakota [Mr. Johnson]
is absent to attend a funeral.
I also announce that the Senator from South Dakota [Mr. Daschle] is
absent due to a death in the family.
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 103 Leg.]
YEAS--96
Abraham
Akaka
Allard
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Conrad
Coverdell
Craig
D'Amato
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Faircloth
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
[[Page S5742]]
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden
NOT VOTING--4
Daschle
Harkin
Johnson
Kempthorne
The amendment (No. 392) was agreed to.
Mr. BUMPERS. Mr. President, I move to reconsider the vote.
Mr. CRAIG. I move to lay it on the table.
The motion to lay on the table was agreed to.
Mr. HELMS. What is the pending business now?
The PRESIDING OFFICER. The Sarbanes amendment numbered 393.
Mr. HELMS. Is there any other amendment behind that one?
The PRESIDING OFFICER. The Inouye amendment No. 376.
Mr. HELMS. Just those two?
The PRESIDING OFFICER. That is correct.
Mr. HELMS. I have just proposed to the majority leader we move in
cycles of three amendments, certainly for rollcall purposes, and he
thinks that would be a good idea. It may be that we will be able to
handle some of these on a voice vote, but I do not know.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FEINGOLD. Mr. President, I ask unanimous consent the pending
business be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 395
(Purpose: To eliminate provisions creating new Federal agency)
Mr. FEINGOLD. Mr. President, I send an amendment to the desk on
behalf of myself, the Senator from Iowa [Mr. Harkin] and the Senator
from Oregon [Mr. Wyden] and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Wisconsin [Mr. Feingold], for himself, Mr.
Harkin, and Mr. Wyden, proposes an amendment numbered 395.
Mr. FEINGOLD. Mr. President, I ask unanimous consent reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike sections 321 through 326 and insert the following:
``Sec. 321.--International Broadcasting.--The Broadcasting
Board of Governors and the Director of the International
Broadcasting Bureau shall continue to have the
responsibilities set forth in title III of the Foreign
Relations Authorization Act, fiscal years 1994 and 1995 (22
U.S.C. 6201 et seq.), except that, as further set forth in
chapter 3 of this title, references in that Act to the United
States Information Agency shall be deemed to refer to the
Department of State, and references in that Act to the
Director of the United States Information Agency shall be
deemed to refer to the Under Secretary of State for Public
Diplomacy.''
Mr. FEINGOLD. Mr. President, I rise to offer an amendment to S. 903,
the State Department authorization bill for fiscal year 1998. What my
amendment would do is strike the provisions in division A of the bill
concerning international broadcasting activities in the United States.
Mr. President, I find it rather extraordinary that in the very bill
that seeks to reorganize and consolidate the foreign policy apparatus
of the U.S. Government, we find language to create a new independent
Federal agency to administer the U.S. international broadcasting
program. Let me be clear on this: This bill creates a new Federal
agency. It grants that agency the authorities and mandates that all
Federal agencies have under title 5. It also gives the agency the
authority to hire temporary workers and to grant them reimbursement for
their services, and it also gives the agency the authority to receive
donations. So despite the claims you will shortly hear that are to the
contrary, make no mistake, Mr. President, this is a new agency.
Now, some will argue, of course, that there is no net increase in
Federal agencies since at the same time that we create a new
independent agency to operate the international broadcasting
operations, we are also abolishing the U.S. Information Agency. So you
will probably hear the argument that we are giving up one and adding a
new one. I am afraid, though, Mr. President, that that argument hardly
passes the laugh test. It is a new agency. You can be sure of one
thing: It is going to act like an agency, too.
This language simply makes no sense in light of the hard work that
the Congress invested in 1993 and 1994 in restructuring the United
States' role in overseas broadcasting. We consolidated various programs
and we took some very clear steps to move Radio Free Europe and Radio
Liberty down the road to privatization.
In the United States International Broadcasting Act of 1994, the
Foreign Relations Committee took the lead in doing something that is
all too unusual. It is unusual to find a program eliminated in
Washington, but we, in that committee, and on this floor, Mr.
President, actually wiped out a Federal agency. At the time, that
agency was called the Board for International Broadcasting or the BIB.
We consolidated all of our Government's international broadcasting
programs, including the Voice of America, as well as the so-called
surrogate programs, such as RFE/RL. We did it within one Federal
agency--the U.S. Information Agency, which is the government's public
diplomacy arm.
The 1994 act imposed tight fiscal controls on the two programs that
were rife with fiscal abuse and mismanagement. It mandated steps toward
privatization for Radio Free Europe and Radio Liberty. Very
importantly, it also ensured an active role by the inspector general.
As a result, Mr. President--and this is no small matter--of this one
series of actions and consolidation, we saved the Federal Government,
the taxpayers of this country, on this one change alone, close to $1
billion over a 9-year period. This isn't me talking about what can be
done if we do something--we did it. We started in 1993 and we saved $1
billion. That was my first bill here as a Member of the Senate. I am
extremely pleased that the changes proposed in this bill cannot undo
the fiscal progress that we have made in the past. I add that, at this
time, when we are trying so hard to finalize our promising work on
balancing the budget that this $1 billion in savings was an important
step in that direction.
But there was more to the story--a story of abuse. At the time
Congress took this action, the RFE/RL was spending 25 percent of their
budget on administrative costs, while the Voice of America was spending
less than half of that--only 12 percent. Lavish salaries. Mr.
President, there were salaries of $200,000 to $300,000, paid by the
American taxpayers; and perks for executives that were a deeply
ingrained way of life in these programs. These excesses are what
inspired me and other Members of Congress to take a long hard look at
how to fix this problem. This, of course, is our role--to oversee the
programs of the executive branch and protect the dollars of the people
who elect us.
In this particular case, we actually did a pretty good job, after
many years. Now, though, Mr. President, I am concerned about what will
happen in the future. Now the Foreign Relations Committee has reported
out a bill that includes language to recreate what, to me, looks
virtually identical to this old BIB, the agency we finally got rid of.
It creates an independent Federal agency, governed by a board of
directors. Others may say that the Broadcasting Board of Governors, or
the BBG, under the arrangement assumed by this bill, is very different
from the old BIB. I will agree that the BBG is a stronger, more
disciplined body than its predecessor; but because of its worldwide
presence, international broadcasting is unfortunately an area that is
almost inherently vulnerable to mismanagement and abuse. It is very
hard to oversee, especially if
[[Page S5743]]
it is constituted through an independent agency.
In the past, the BIB fell prey to these vulnerabilities and exercised
virtually no control over the abuse of the radios under its
jurisdiction. There were two decades worth of GAO and inspector general
reports noting fiscal and other problems with the radios, but the BIB
just chose to ignore them. Spending abuses were brought under control
under the BBG structure because of very detailed congressional mandates
contained in the 1994 legislation. That didn't happen because the board
suddenly decided to clean up its act nor because of any inherent
qualities of the BBG itself; it is because we here in Congress did our
job and mandated that this organization clean up its act.
Mr. President, it is my view that recreating this independent
structure is a roadmap for a return to where we started out 3 years
ago. I find it simply incomprehensible that just as we are
consolidating our foreign policy apparatus under the reorganization
plan in this bill, we would create a new Federal agency that is
virtually identical to the one we wiped out less than 3 years ago.
Mr. President, let me outline briefly the problems I have with this
broadcasting section of the bill. First, fiscal abuse. The structure
proposed by the bill, as I have indicated, has historically been a
breeding ground for fiscal abuses. These weren't just uncovered 3 years
ago. I have a stack of GAO reports and IG reports going back two
decades documenting the fiscal abuses that this independent structure
generated. It was this independent structure, sitting out by itself,
not being managed or controlled by any part of our Federal Government
directly, that had these problems.
A colleague from many years ago, Senator John Pastore, in 1976, said
of the problems of this organization, ``The abuse has reached the point
of becoming almost scandalous * * *'' That is what we put an end to in
1994. We put an end, finally, to two decades of abuse.
A second problem, Mr. President, is privatization. We made a clear
commitment in 1994 that Radio Free Europe and Radio Liberty would be
privatized by the end of this century, only 2\1/2\ years from now. Mr.
President, why would we now recreate an independent agency to
administer the grants for Radio Free Europe and Radio Liberty for such
a short period of time? If we create this new entity, I can assure you
that somehow it will find a justification to continue. All of the hard
work and all of the consensus that was developed around the basic idea
that it is high time that RFE/RL be privatized will be under attack. We
have a chance to finally privatize something. We are almost there. But
this bill seeks to undo that.
Third, Mr. President, as I have indicated several times, and will
again, this bill creates a new Federal agency. I find it hard to
believe that this Congress, which has been dedicated to downsizing the
Federal Government and achieving deficit reduction, would choose to
create today a new Federal agency--an agency that isn't even needed.
That is exactly what these provisions will do--create an unnecessary,
new Federal agency, with all the overhead, all the bureaucracy, and all
of the trappings of a brand new agency.
Mr. President, I also wish to respond briefly to the arguments made
by the proponents of this proposal and, in particular, my good friend
and leader on these issues, the Senator from Delaware, Senator Biden,
who cares deeply about this issue.
First, Mr. President, he asserts that the fiscal controls and
measures designed to curb the kinds of flagrant abuses that plagued
RFE/RL in the past will be retained under the new structure, and that
nothing we achieved in terms of deficit reduction will be lost as a
result of the new structure he has proposed. I sure hope he is right;
but I doubt it. I appreciate the intent, but I am concerned that
history has shown that just the opposite is going to happen, that what
we have achieved could well be undermined by recreating the kind of
structure and incentives that led to these problems in the first place.
Now, what do I mean by incentives? I mean the natural propensity of
any institution--especially an entirely independent institution--to
protect itself, to try to expand itself, and to relentlessly try to
find a way to justify its existence. That is inherent in the nature of
independent agencies.
If the radios are actually going to be privatized by the end of 1999,
what is this new Federal agency going to be doing in 2\1/2\ years? Are
they going to be running the Voice of America? Is there a reason, all
of a sudden, after all these years, to create a new agency to run the
Voice of America? I don't think so. I don't think the Senator from
Delaware would be proposing this structure if his concern was the
independence of the Voice of America. Rather, his concern has been
clearly stated in the past, and it is to house the surrogate radios,
Radio Free Europe/Radio Liberty, and others that are scheduled to lose
their Federal support in 1999.
Even Radio Free Asia, RFA, has a sunset date in the authorizing
legislation that terminates its authority in 1998. So what is the
agency going to do after all these rather up and coming dates arrive?
What are they going to do, Mr. President? Are they going to lobby
Members to extend these deadlines? I am concerned that they will. Is
there any doubt in the minds of anyone in this room that if we create a
new Federal agency, it will do all it can to find good reasons to argue
that it has to continue to exist.
Secondly, the proponents of these provisions will say that we are
talking about something different here because the broadcasting
functions have been successfully consolidated into one agency. We
mandated the consolidation intentionally, Mr. President, to save money
and to eliminate duplication. Mr. President, if these provisions are
adopted, the gains we made in both of these areas could be lost. Rather
than using, in the name of efficiency, the accounting, personnel, and
support services that already exist in the State Department--as it has
with the services of USIA--this new entity will have to have its own
legal office; it will have to have its own personnel department; it
will have to have its own publication office, and who knows what else.
That is what you get when you set up a new Federal agency. That agency
needs all of those new things, instead of having the State Department
handle it under its current budget.
Again, these provisions--and, Mr. President, I hope I am making the
case--head in completely the opposite direction, not only of the whole
spirit of the last couple of Congresses, but specifically in the
opposite direction of the whole point of the bill the distinguished
chairman of the Foreign Relations Committee has put forward in terms of
consolidation and reorganization.
Now, some may say that Congress can protect the taxpayer by
maintaining the spending caps we put into the 1994 legislation. I am
certainly glad those caps are still there, and that may be true for
those programs that are capped. But what is not clear is what happens
with administrative costs.
Mr. President, the comptroller's office of USIA has explained to my
staff that some $28 million in administrative services are currently
provided to the broadcasting operations by the United States
Information Agency. This represents expenditures that are over and
above the annual operating budget for the broadcasting operations.
Instead, these costs are borne by USIA for property and for
housekeeping functions, such as payroll, the payment and vouchers,
accounting, contracting, and security. On these latter items,
broadcasting ``borrows'' partial time from USIA employees to carry out
highly specialized tasks. If the broadcasting operations are to be
separated out from USIA, as is contemplated by this bill now, it
remains very unclear how broadcasting would get these services. Would
the new public diplomacy bureau at the State Department have to provide
these services and, if so, how would that be calculated? Or what would
concern me the most is, will the new broadcasting entity, this new
Federal agency, simply have to hire its own people, new Federal
employees, new Federal positions to carry out those services?
The point, Mr. President, is that the broadcasting operations
currently appear to gain significant economies of scale by using the
infrastructure of the USIA. That is what we caused to happen a few
years ago. After decades of
[[Page S5744]]
abuse, we finally forced this Government to show some efficiency and
consolidation, and we got some economic benefit out of it. Instead,
creating a new agency may lead us to lose those savings and force this
new entity to come to Congress for new funds, or it may lead to a
situation in which the broadcasting activities lose out when, for every
new attorney, or office, or light bulb, and all the bureaucracy that
goes with it, there will be less broadcasting hours to some far-flung
place in the world to which we believe it is in our national interest
to communicate. I guess this doesn't make any sense to me.
Third, Mr. President--and this is really the most philosophical of
the arguments--there are those who really passionately believe that an
independent structure is required or is necessary in order to protect
what is called the ``journalistic independence'' of these programs, and
really this question gets to the core of what is going on.
Either you think it is our national interest to continue to pay for--
not just subsidize, but pay for--independent radio programs, or you
don't! I, for one, think it is essential to compare the surrogate
radios to the Voice of America. VOA was created to be, and remains, an
essential tool for the U.S. government to communicate U.S. policies and
prerogatives to the rest of the world. Let me quote directly from the
President's budget request concerning VOA's mission: ``The Voice of
America was founded in 1942 to provide accurate, objective and
comprehensive news and information about America and the world to
listeners in other countries.'' VOA now broadcasts in more than 50
languages. WORLDNET television similarly supports and explains U.S.
policy objectives to foreign audiences worldwide. VOA and WORLDNET
employees are U.S. government employees, and no one doubts that a
primary mission is to communicate the views of the U.S. government.
The surrogates--Radio Free Europe and Radio Liberty--on the other
hand, concentrate their resources on reporting and analyzing domestic
and regional events in the countries to which they broadcast. As
someone who believes strongly in the rights of free speech and
expression, I do not doubt that the development of independent media is
perhaps one of the most important challenges for a newly democratizing
country. And I do not question those who think that the United States
should actively support or encourage such outlets. But that does not
necessarily imply that we should bear the cost of running an entire
service! The fact that U.S. tax payers are still subsidizing RFE/RL
broadcasts to Poland astounds me. We are, in fact, subsidizing the
competition in Poland and, in so doing, may even be preventing the
development of other alternatives for this kind of activity in that
country. But setting aside for a moment whether we should continue to
pay for broadcasting in countries like Poland, let me focus upon the
issue of so-called ``journalistic independence.''
Mr. President, let me just briefly review some of the history.
First, Radio Free Europe and Radio Liberty were established by the
CIA, a fact widely known, for the purpose of undermining communist
governments.
Second, they have been funded by the US taxpayers from their
inception, a fact that is also widely known and not disputed.
Third, the Board of Directors for this new entity, like the current
one, is appointed by the President of the United States. I would like
to know how you can be independent of the U.S. government when your
governing board is appointed by the President of the United States!
Let me make sure everyone understands the bizarre relationship
between the BBG and RFE/RL. This is an interlocking board of directors:
the members of the BBG are--by statute--identical to the members of the
RFE/RL board. As bizarre as it may be to an outsider, the BBG gives a
grant to RFE/RL, even through they each have the same board. And these
board members are all appointed by the President of the United States!
Fourth, their budget is debated by Congress each year. Numerous
Congressional committees call them up to account for how this money is
being spent. We are even debating it right now.
So how can you even make any kind of claim to be independent on those
facts? No one is going to buy it.
In fact, as the fifth point, let us be honest. The rest of the world
views these radios as belonging to--guess who? The United States.
Whatever games you want to play with their names or their governing
structures, everybody knows these broadcasts represent the views of the
United States. U.S. officials parade through these facilities abroad
all the time.
When President Clinton was in Prague in early 1994, the President of
the Czech Republic offered the United States facilities within Prague
to house RFE/RL. The Czech President offered the buildings to the U.S.
President, because he knew, as the whole world knows, that these radios
are 100 percent owned by the US government, paid for by the US
taxpayers, and subject to oversight by the US Congress.
Frankly, Mr. President, I do not see how these programs can ever
really be independent as long as they are dependent upon federal
funding. If they want journalistic independence, the best way is the
old-fashioned way: stop taking Federal dollars.
If these programs need autonomy and independence, the best thing they
can do is to privatize.
Mr. President, I know the debate over ``journalistic independence''
and over how the United States can best support newly emerging
democracies is one that can be highly emotional for many Members of
this Chamber. But whichever side my colleagues come out on, I urge you
to consider what I find to be the most offensive part of this bill, and
that is the provision to create a new, independent federal agency.
I do not want to be repetitive, but I just can't believe that the
Senate, that this body that is working so hard to eliminate
inefficiencies and duplications in the Government, would have supported
provisions such as these in a bill such as this.
So Mr. President, let me point out that my amendment has been
endorsed by groups who have worked hard to reduce the Federal deficit
and eliminate unnecessary spending programs, including Citizens Against
Government Waste and Taxpayers for Common Sense.
Mr. President, I ask unanimous consent that a letter from Taxpayers
for Common Sense regarding this amendment and in support of the
amendment be printed in the Record at the conclusion of my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. FEINGOLD. Mr. President, to conclude, the letter from Taxpayers
for Common Sense really did a good job of reiterating that the question
underlying this debate is whether the Senate is capable of following
through on budget cuts. If we today recreate the same BIB structure we
abolished just 3 years ago, the savings achieved in the 1994 act could
be jeopardized and the effort to privatize these radios could be
undermined by this new agency as it desperately struggles to justify
its existence.
I hope that the Members of the Senate will reject the creation of
this new Federal agency and adopt my amendment.
Mr. President, I yield the floor.
Exhibit 1
Taxpayers for Common Sense,
Washington, DC, June 13, 1997.
Attn: Foreign Relations L.A.--floor action Monday, June 16.
Taxpayers Ask: Why Can't Senate Cut?
support feingold amendment on state dept. authorization
the 1994 law terminated the bib and said radio free europe will be
privatized
why does committee bill create new agency for rfe
Dear Senator: When the Senate considers the State
Department Reauthorization bill, Taxpayers for Common Sense
strongly urges you to support the Feingold amendment.
In 1994, Congress passed legislation terminating the Board
of International Broadcasting (BIB), an independent federal
agency responsible for administering Radio Free Europe and
Radio Liberty [RFE/RL]. In doing so, the legislation mandated
that steps be taken to privatize RFE/RL. The legislation also
established a Broadcasting Board of Governors within the U.S.
Information Agency in order to curb extensive internal
problems that plagued the programs under the BIB structure.
Contrary to the law and to congressional intent--and
contrary to the House bill--the
[[Page S5745]]
version of the State Department Authorization Bill recently
reported by the Foreign Relations Committee would actually
create a new federal agency strikingly similar to the old
BIB. Congress terminated the BIB just three years ago with
overwhelming bipartisan support. The BIB structure fostered
rampant fiscal abuses, lavish executive salaries and
executive perks, despite numerous GAO and Inspector General
reports noting fiscal problems over the course of two
decades.
The Feingold amendment would strike the provisions that
would create a new federal agency and ensure that RFE/RL is
privatized by December 31, 1999, as indicated by the
International Broadcasting Act of 1994. TCS supports this
amendment. While the budgetary savings may be relatively
small compared to the entire federal budget, the questions at
stake are large: Can the Senate follow through on budget
cuts? Is the Senate incapable of maintaining even this tiny
budget cut? Is foreign spending exempt from the budget cuts
that impact Americans at home? The Feingold amendment is a
step toward restoring the confidence of American taxpayers
that U.S. international programs are wise expenditures.
Sincerely,
Ralph DeGennaro,
Executive Director.
Mr. BIDEN addressed the Chair.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. BIDEN. Mr. President, I admire the Senator's tenacity, and I
admire his commitment to save the American taxpayers money. His
tenacity on this score has exceeded his savings. Let me explain what I
mean by that. He won. If this is about deficits, he won. He was right.
He saved the taxpayers millions and millions of dollars. He, through
his leadership, changed the way in which we used to deal with all these
radios. He has won.
If I wouldn't be taken out of context--he would understand the humor
in this--I wish he would take that old speech and send it home and say,
``I won.'' I mean, take credit for what you did. You did a wonderful
thing. You really did. You did a wonderful thing. But their ain't no
more money to save. You saved it. This doesn't cost another penny.
That is No. 1.
This is not about deficits. It was about deficits, but you won. You
did a good thing. You reorganized the radios.
It is like that famous line, I guess it was President Reagan's, ``The
Russians just do not know how to take yes for an answer.'' You won. And
I am not being solicitous when I say the Nation owes you a debt of
gratitude.
Now, on the second point, your tenacity: Your tenacity is well known,
but I think in this case it is misplaced. This isn't about deficits
anymore. Let's talk about what it really is about.
It is about whether or not Radio Free Europe and Radio Liberty are
anachronisms or still have a relevance--no matter how well run they
are, no matter how streamlined they are, no matter how efficient they
are, no matter how cost effective they are.
That is the core of the debate between the Senator and I, although I
suspect he would characterize it differently. I think they are vitally
important.
It is not communism now. It is chaos now. It is not communism. It is
the threat of totalitarianism. It is not communism. It is freedom,
market economies, and it is about journalistic integrity and
independence.
Everything the Senator said is factually correct except one thing.
How do I explain it? I think the rhetorical question is: Tell me how
these are independent? I will tell you: Forty years of history. All of
Eastern Europe said, ``When I hear VOA, I hear the State Department.
When I hear Radio Liberty and Radio Free Europe, I hear an independent
voice.'' That is literally how it worked.
I don't presume to compete with my friend from Wisconsin--and I am
not being solicitous when I say this--who is a Rhodes scholar and a man
of significant accomplishment, with my knowledge of history. I am not
trying to play games and educate him, except I suggest to him that he
ask those Eastern European freedom fighters of the past 40 years. They
knew that the Federal Government paid for Radio Free Europe or Radio
Liberty. Why did they listen to it and take what it said as gospel and
not the Voice of America, or other pronouncements that came out? The
reason was the same reason that exists today in China. We set up a
thing called Radio Free Asia, the same category Radio Free Europe used
to be in--still is in.
What is the difference? Our Ambassador in Beijing can say with all
honesty--and the Chinese Government knows that it is true--``I can't
control those guys.''
What do they do? Let me give you an example of what would not happen
if these radios, as we call them, were within the State Department
where we moved the USIA. They would not at this moment be able to read
on air the memoirs of Wei Jing Sheng, one of China's leading dissidents
who is in prison. It is driving the Chinese Government crazy that the
people of China can hear unobstructed his memoirs being read on air.
Do you think the Secretary of State--this one or the last one--would
have the nerve in the mix of negotiations with the Chinese on
everything from proliferation to trade to upset the apple cart? I can
see it now. Beijing picking up the phone, and saying, ``Stop, or we do
the following with regard to these other negotiations.'' We have seen
it happen a hundred times. But Beijing knows that the way we have set
this up means that the President cannot control it. He can come up to
us and say, ``Don't fund it any longer.'' Or he can try to stack the
board to get people on the board who will not allow journalistic
independence.
But the reason why it works is that we have 40 years' experience--40
years of watching it work. The bona fides of these radios have been
proven.
So the Senator is correct. Absent this history, one would say this is
a veil. There are only four or five veils between the radios and
independence and they are nothing but veils. History indicates that
they are walls, and that they brought walls tumbling down--the Berlin
wall.
I acknowledge that I probably feel more strongly about the radios and
their independence than a majority of my colleagues. But I truly
believe, Mr. President, if they were needed during the cold war, they
are needed in this decade of chaos as much as they were then.
Look, what happens in China, in large part, is going to be a product
of what the people of China know is happening.
My friend, Senator Kerry, who shares the view of my friend from
Wisconsin, says, ``Look, we have CNN.'' That is true. ``Look, we have
the Internet.'' That is true. They are all very positive and they are
real and they are genuine, but I would argue they make my case. Because
really what my friends are saying--I will speak for Senator Kerry--is
that, although the radios are independent, we don't need this other
independent voice now because we have this independent thing called CNN
and we have this thing called the Worldnet. I say to you, things are
better than they were because we do have CNN. I say to you things are
better in the world in terms of the access to information throughout
China because we have the Worldnet. But I say to you, we will be, in
the ultimate sense, penny-wise and pound-foolish if we take what also
is a proven, genuinely important, worldwide, respected vehicle called
the radios and do them in.
And what for? What money are we going to save? What are we saving
here? Let us get this straight--not that the Senator has not been
straight; he has been. But, for me, because I am kind of simple-minded,
let's reorganize this and lay it out. For me, it is important to
understand the pieces. The first piece of this is, the Senator says
that there is all this bloated bureaucracy in this board that used to
run the radios. He is right. There was leadership. We changed that. We
cut these bloated salaries. We cut out the fat. We made them use the
same transmitters. We consolidated the ability to transmit these
messages over the air. We literally moved our operation in Europe into
Prague from Germany. We did a lot of things. This bill does not change
one single solitary bit of the reform that has taken place.
Then my friend says we are going to spend more money. We put caps--
through his leadership--on the amount of money that could be spent in
these functions. We maintained these caps. If I can find my place in my
notes here, I will find out exactly what the caps are. What page am I
on? The caps for RFE/RL are $75 million a year; Radio Free Asia, $22
million a year. These caps are kept on this legislation.
[[Page S5746]]
My friend says we have created this new bureaucracy. We have created
no new bureaucracy. We created this new board in 1994 through his
leadership. It upsets my friend that I am not sucking that board into
the State Department. There is USIA. It is sitting out here and it has,
within USIA, that board. In the reorganization, led by the Senator from
North Carolina, we take all the agencies that are sitting outside there
and bring them into the State Department. So we take all of the USIA
out except for one thing: We leave this board sitting there. We do not
recreate it. We just leave it where it was, independent. But still with
all the strings attached as to how much money it can spend, all the
requirements for RFE and RFL regarding privatization. They all remain,
but what also remains is the journalistic integrity, the inability of
the Secretary of State to say, hey, don't--don't broadcast those
memoirs.
I am not suggesting this Secretary would say that. I do not know what
she would say. But there is nothing she can do about that, or that a
future Secretary can do about that.
The Senator suggests there is going to be a new bloated bureaucracy.
We have a thing in the law that exists right now called the Economy
Act, which means that any lawyers that are needed by RFE/RFL, any
lawyers needed by the board that is going to conduct overseas radios,
can be lawyers that can be borrowed from the existing lawyers in USIA.
There is no requirement to hire anybody new. And you have caps on what
we can spend on them anyway.
That is how it works right now. VOA--my friend always talks about RFE
and RL, Radio Liberty. There is the Voice of America, Radio and TV
Marti, and Radio Free Asia. They are sitting there. We have to
privatize, under the law, RFE and RL, by the same date required in the
original legislation. We kept that in. But we still have these other
three major pieces out there. So the notion of the board's
responsibilities rests in the management of those as well, even when
privatization occurs.
The other rhetorical question I would ask my friend is, he says this
undermines privatization, that this proposal to privatize the European
radios, which we urged in the sense of Congress in 1994, would be
undermined. This provision remains intact. Moreover, the Senator is
sponsor of an amendment asking for periodic reports toward this
objective, which the committee included in this bill. And, as I said,
the board oversees more than the European radios, so they will have
plenty to do after privatization. The others are not part of the
privatization scheme.
Keep in mind the overarching rationale for privatization. It is, hey,
we don't need this message going into Eastern Europe or Central Europe
or the former Soviet Republics.
I want to tell you, I sure would like that message going into
Byelarus. I am glad it is going in now. I sure like the idea the
message is going into Bosnia. I sure like the messages going into these
former Soviet states or Soviet-client states. But I acknowledge that is
a debate for another day, whether or not these radios make sense
anyway. I think they make a great deal of sense.
But make no mistake about it, that is the core of the distinction
between what the Senator from Wisconsin and I view to be the right
course of action. You notice that the Senator is always painfully
honest. He points out and acknowledges he had the privatization
language still in here, but he presumes it will not be privatized now
that the board is sitting out here and staying out here. I would argue
that the likelihood of privatization occurring is in direct proportion
to how much light is shed on the process. When you have this board
sitting out here by itself, justifying its existence and its actions,
it is a lot more likely that we are going to pay attention to it,
particularly when we have to confirm the head of the board. As a matter
of fact, the whole board requires Senate confirmation.
The Senate worries about the radios not going toward privatization.
How many members of the board are there, eight? He is going to have
eight shots, plus Mr. Duffy, who is going to be the new Under Secretary
of State for Public Diplomacy. He has plenty of chances. He has nine
chances in confirmation hearings before our committee. Put the board
inside and it's a different story.
The other point I would like to raise--and there is so much to say on
this, but you have heard me so many times I will try not to say all
there is to say. The cost will go up, is the second argument. He
indicates that the cost will increase by $25 to $30 million. He said
the board and the radios now receive $28 million in administrative
services from the USIA, the U.S. Information Agency. All this is true,
but who does he think is paying the $28 million now? The $28 million
that went for them administering the agency will not go to them now.
The net cost to the American taxpayer will not change. Chairman Helms
and I received a letter from David Burke, the chairman of the board. I
ask unanimous consent it be printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Broadcasting Board of Governors, United States of
America,
Washington, DC, June 17, 1997.
Hon. Jesse Helms,
Chairman, Committee on Foreign Relations,
U.S. Senate.
Hon. Joseph R. Biden, Jr.,
Committee on Foreign Relations,
U.S. Senate.
Dear Chairman Helms and Senator Biden: I have been advised
of the provisions related to international broadcasting
contained in Division B of S. 903, the Foreign Affairs Reform
and Restructuring Act of 1997, as reported by the Committee
on Foreign Relations.
My colleagues and I agree with Senator Biden that, under
any reorganization scenario, an independent, bipartisan
governing board, nominated by the President and confirmed by
the Senate, is essential to ensuring the coherence, quality,
and journalistic integrity which preserves the credibility,
and therefore effectiveness, of the broadcasting services.
Further, with respect to concerns about additional costs
expressed by Senators Feingold and Kerry during the
Committee's markup last Thursday, the Board believes that a
transfer of existing broadcasting support costs and personnel
from USIA to the international broadcasting entity would be a
``cost neutral'' transaction within the foreign affairs
budget function. Such a transfer would cover space costs and
management support services currently provided by USIA,
including security, accounting, payroll, training, and
procurement. This transfer from USIA to the international
broadcasting entity would coincide with the consolidation of
USIA into the Department of State, and would not represent a
net increase in total funds or employment.
The BBG is committed to ensuring that America's
international broadcasting services remain a cost-efficient,
highly effective means of promoting this nation's interests
abroad.
Sincerely,
David W. Burke,
Chairman.
Mr. BIDEN. This is just one paragraph from it.
. . . the Board believes that a transfer of existing
broadcasting support costs and personnel from USIA to the
international broadcasting entity would be a ``cost neutral''
transaction within the foreign affairs budget function. Such
a transfer could cover space costs and management support
services currently provided by USIA, including security,
accounting, payroll, training, and procurement.
This notion that salaries would explode isn't realistic. We can't
even get a raise for judges here, which most of my colleagues tell me
we should get. They have to come with an appropriation every year. You
think these salaries are going to explode and that this is going to be
a sitting duck?
My view is, if I can see it, if I can feel it, if I have to confirm
it and it is not buried in an organization, I have a lot more impact on
it. Look, as I said, there is a lot to say, but the former VOA
directors, the Voice of America directors, they do not argue, Democrat
and Republican, that we should put the radios and VOA into the State
Department. They say keep it where it is.
So, I really admire the Senator. I will say again, the people of
Wisconsin should be thankful and appreciative that he kept his
commitment. He saved them money. Like in that movie, ``Show me the
money.'' You saved them the money. Now, move on, Senator. There ain't
no more money to save unless you are eliminating all of the radios. And
if you move them into the State Department, which your amendment would
do, that will be the effect.
I asked my colleague, because we are good friends, I asked, how long
are you
[[Page S5747]]
going to go on this? He said, well, I am going to make my points and
then go as long as required to have to respond to your responses. I
said, you mean if I don't keep responding, you won't respond?
I think he implicitly said yes. So I am going to stop responding to
his responses in the hope that he will stop responding and we can get
on with the vote. Hopefully, the vote will be like it was in the Senate
Foreign Relations Committee, overwhelmingly, a majority of Democrats
and majority of Republicans staying committed to the savings he has
initiated and staying committed to the radios.
I yield the floor.
The PRESIDING OFFICER (Mr. Allard). The Senator from Wisconsin.
Mr. FEINGOLD. Mr. President, I am enjoying this debate and also
enjoying the Senator's command of popular culture. I think this has
been a very instructive thing for me over the past few years to work
with him on this. I admire his passion. It is born of a lot of
experience and knowledge of foreign policy over the years, to which I
defer. So I do respect him on this and appreciate the kind words about
the savings we have achieved. The Senator is right. And I do try to be
straightforward. The Senator from Delaware would say, in fact, he is
correct. We have made those savings working together, including with
the chairman, whose good support also made that possible.
That is a victory that we can be happy about. But I can't just look
at this bill and feel this is the end of the story. Whatever analogy
you want to use, winning the inning but not winning the game, it is not
terribly satisfying if you achieve something and then find out a few
years later that you set up a scenario--not a fact, I again give you
that, but a scenario--where you have the feeling that it might come
undone, that there is a good chance it will come undone. Because we are
making what appear to be the same mistakes that were made in the past,
in terms of how this was set up, that led to the abuses, that led to
the need for the agreement that the Senator and I put together several
years ago.
It reminds me of the expression, I still can't find out who said it,
I don't know if it was President Reagan or President Bush, something
along the lines that ``the only thing that is immortal in Washington,
DC, is a Federal agency,'' this concern that somehow we can't ever wean
ourselves from the structure of an independent agency, that once they
exist they have their own constituency and they exist forever.
Mr. BIDEN. Will the Senator yield for one point on that?
Mr. FEINGOLD. I yield for a question.
Mr. BIDEN. Mr. President, again, the Senator is always
straightforward. He indicates he worries that this is a scenario for
reenacting a set of circumstances, putting in place a set of
circumstances, that will allow the abuses that took place before to
come around again. I am not being smart when I say this, but you,
Senator Feingold are going to be here. The likelihood of that happening
with you sitting here in this Chamber and with it sitting out there by
itself is zero, unless all of a sudden you go back to Wisconsin and
decide that you don't like your--and I mean this positively--your
crusade for fiscal responsibility anymore.
I pointed out in the beginning, one thing I have found out about you
is your tenacity. I can't believe there is any reasonable prospect that
the scenario you fear has any prospect of occurring while you are here.
I don't think it is occurring period, but in terms of what is likely to
happen, I don't want to be a board member when they come back and tell
you, ``By the way, we're not privatizing,'' and ``By the way, we want
more money,'' and ``By the way, we're increasing our salaries,'' all of
which would have to come through here.
I will argue again, if it is buried inside the State Department, you
have a much better chance of it occurring there than if it is sitting
out in the cold light of day, and I mean that sincerely.
Mr. FEINGOLD. Mr. President, to answer the Senator's question, I
appreciate his very positive political prognosis for me, and I hope he
is right. I would rather not, after all the work I have done on this
and all the work he has done on this, simply leave this issue to the
hope that I or others in the future will have the time, the energy and
the interest to focus on this particular matter. There are so many
things we need to work on to cut the fat out of the Federal Government.
It is incredible.
We go home and tell people we finally passed a bipartisan balanced
budget, and they look at us skeptically. The first thing I say to them
is, ``Don't kid yourself, there is still an awful lot of fat in
Washington, an incredible amount.'' The energy it takes to focus on
this one particular piece and clean it up is very, very taxing. I can't
simply hope that my own ability to pursue this will last forever.
Let's face it, these radios have been there for 50 years. I know
there are Members here who approach that kind of tenure, but for most
of us, we have to try to set something up that we hope will last after
we are gone.
This is relevant to an interesting point that the Senator from
Delaware was making where he eloquently outlined the past, the
important role that Radio Free Europe and Radio Liberty played during
the cold war. But in so doing, he made an interesting comment about how
things are different now. He said ``We have gone from cold war to
chaos.'' I think that was well said.
But the problem is that this new world that we are living in is much
more complicated than it used to be, involving a lot of different
forums for different ideologies, different constellations in power. But
there are also different technologies, technologies that did not exist
at the time the assumptions that the Senator from Delaware was speaking
about were made. Things like the BBC, things like CNN, things like the
Internet.
That is not to say that radios do not have an important role, and
perhaps a unique role, as you were indicating, in a number of these
situations. But, Mr. President, it is a different world than the world
that required us to set up Radio Free Europe and Radio Liberty in the
way that we did as a surrogate radio.
Who is to say that we cannot at this point, without using Federal
dollars, have our official Government broadcasting done by the Voice of
America and then have these alternatives that we have described
function as they are doing and didn't in the past, such as BBC, CNN and
the Internet and then, yes, perhaps, and here I actually do not
disagree with the Senator from Delaware, perhaps have a fully
privatized Radio Free Europe and Radio Liberty, a fully privatized
Radio Free Asia, and whatever else can be established, be a part of
that combined effort to make sure that people who live under any kind
of authoritarian government, such as China or any other type of
government like that, whether Communist or not, would have the
opportunity to get the information they need?
Mr. President, what the Senator from Delaware has really pointed out
by his excellent description is what I said from the beginning. This
Radio Free Europe and Radio Liberty, as a Government-funded entity, not
as an entity on its own, but as a Government-funded entity, based on
the notion of a need for a surrogate, is a cold-war relic. The concept
of the surrogate that is somehow a part of the Government but not
really part of the Government is, in my view, a relic. It is a fact and
important part of the history of the 20th century. It is not a
guidepost for the 21st century.
But the most important point is this. The Senator cleverly tries to
take the argument as to whether or not I think radios are needed for
freedom. I am not necessarily disputing that at all. Let's for the sake
of argument agree that some kind of radios of this kind are a part of
the constellation of services and technologies that are needed for
freedom. The question here today is whether we need an independent,
federally funded agency to get that job done, this sort of hybrid that
claims to be independent but, obviously, isn't because it is funded by
the taxpayers and the President of the United States appoints the
board. This isn't independence. No one thinks it is independence,
although, yes, as the Senator from Delaware points out, perhaps during
the heart of the cold war, in that context at that time, there may have
been
[[Page S5748]]
this mythical distinction which I question just how many people
actually believe.
So the question here isn't do we need the radios--let's concede that
for the moment--the question is, do we need a new independent agency to
run the radios when the Senator himself just said this whole thing is
supposed to be completely privatized by 1999 anyway. How important can
it be to have an independent agency to do this funded by the Federal
Government when he himself just said we are going to privatize the
whole thing by 1999?
What it comes down to is this. The Senator from Delaware has given a
great speech, a very accurate speech, but it is most appropriately a
speech given to people in this country who have a lot of money, who
want to privatize and pay for a privatized Radio Free Europe and Radio
Liberty. That is to whom these words should be spoken, people like
Steve Forbes who would be able to put in this kind of money and is
interested in it. That is who should hear the plea, not the U.S.
taxpayers who have paid enough already in this area.
Let's just review the facts about independence and lack of
independence.
Fact: The Board for International Broadcasting was an independent
agency, and during its tenure as an independent agency, there were
horrible revelations of fiscal abuse. That is the fact. The Senator
from Delaware says, what would you rather have, an agency that stands
out there alone or one that is in the State Department? The fact is,
when the Board for International Broadcasting stood alone, that is when
the huge abuses, the $200,000 and $300,000 salaries paid by the
American taxpayers, occurred, when it was independent.
Fact No. 2: That there has been a time period when this board was not
independent, when, under our agreement, it went under the United States
Information Agency. And what happened during that tenure when it was
not independent, when it was supervised, when it did have to submit its
budget to the head of USIA? What happened is we achieved these things,
we achieved these efficiencies. That is when it happened.
So I will go with the same test the Senator from Delaware has
suggested: When it was on its own, it failed and was abusive; when it
has been under the supervision of another agency that is dedicated to
controlling it, it has been under control. We cannot simply create a
new pleader here in the form of a new Federal agency. It will need its
own staff and personnel. The Senator from Delaware says it won't be
required to, but it is allowed to.
I simply cannot understand how any of us believe after the record of
Radio Free Europe and Radio Liberty under the Board for International
Broadcasting, that letting it be free--subject only to appointment and
confirmation hearings--that somehow that will lead to a better
situation. That is the history, two different scenarios: the record,
when it was independent, which is one of terrible fiscal abuse, and the
record since it was put under another department under the USIA, which
everyone has conceded has been much better.
Mr. President, I strongly suggest we should avoid this step of
creating a new Federal agency. I yield the floor.
Mr. BIDEN addressed the Chair.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. BIDEN. Mr. President, I always enjoy debating my friend from
Wisconsin. It has been a hundred years since I have been a trial
lawyer, but one of the things a fellow I used to work for, a great
trial lawyer in Delaware named Sid Balick, used to say was, when you
have said what you wanted to say, you made the points the best you can,
it is best to sit down. I yield the floor.
Mr. McCAIN. Mr. President, I rise today to speak in support of the
public diplomacy conducted by the United States Information Agency,
which, under the terms of the legislation before us, will be folded
into the Department of State, USIA, as we are all aware, oversees the
Voice of America and, more recently, Radio Free Europe/Radio Liberty.
It has often been pointed out that, after the guns fall silent, the
United States rushes to disarm. Many in this chamber would argue that
such disarmament is being undertaken once again in the wake of the
demise of the Soviet Union and consequent end to the cold war. We are
not here, however, to debate issues of military strategy and force
structure. That discussion will take place in the near future when the
defense authorization bill comes to the floor.
The issue I wish to address today, however, is closely related to the
phenomenon involving large-scale reductions in the size and aggregate
capability of our Armed Forces in times of peace. There is another
element to what has been called the arsenal of democracy that is vital
to our national defense, yet which receives little attention and
operates with minimal funding. That instrument of foreign policy is
public diplomacy--the conveyance of accurate, objective news to people
who otherwise are not exposed to a free flow of information, who have
the misfortune of living in countries ruled by dictatorial regimes.
Mr. President, there is little that an authoritarian or totalitarian
government fears as much as the dissemination of truth. Whether
broadcasts into German-occupied France or Radio Free Europe and Radio
Liberty transmissions behind the Iron Curtain, the truth is a powerful
weapon when wielded with fortitude in the struggle against tyranny. The
images of individuals and families hiding in darkened basements,
gathered around a radio, volume kept low so as to avoid detection, is
compelling. It is an image that has captured millions over the decades.
Distribution of radio sets and literature can play as important a role
in the fight for freedom as the aircraft, tanks, and ships on which we
expend billions of dollars.
The post-cold-war era coincides with the explosion in what has come
to be known as the ``Information Age.'' As portable and home computers
become more readily available, the ability to disseminate information
has reached levels previously only imagined. It is very important that
the United States not ignore this potential in the continuing fight for
self-determination and democratization.
I remain a strong supporter of the public diplomacy activities of the
U.S. Government. It is true that the end of the cold war has diminished
the need for Radio Free Europe. It has not, however, eliminated that
need, as political turmoil in Albania and the ongoing problems in
Bosnia-Herzegovina, as well as in Serbia itself, attest. Furthermore,
while I am a strong supporter of maintaining open ties with China,
including in the area of trade, the advent of Radio Free Asia is an
essential element in our long-term effort at facilitating a
transformation in that country toward a more liberal political system
characterized by free speech.
The bill currently before us restructures our public diplomacy
apparatus to both streamline the bureaucracies and ensure their
continued vitality and independence. Those are worthy goals deserving
of our support. While I am concerned about the effort to retain Radio
Free Europe/Radio Liberty within the U.S. Government rather than
privatize it as directed in the Foreign Relations Authorization Act for
fiscal years 1994-1995, the attention afforded public diplomacy in the
State Department authorization bill for fiscal year 1998 is highly
commendable.
Public diplomacy remains an important instrument of our foreign
policy. The free flow of information will never wane as an essential
element of our national security apparatus. Truth remains the greatest
enemy of tyranny, and until liberal democracies are firmly entrenched
in every country of every region of the world, we must continue to
support such activities.
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. I inquire of the Senator if he desires a rollcall vote on
this?
Mr. FEINGOLD. Mr. President, I would like a rollcall vote.
Mr. HELMS. Very well. I ask for the yeas and nays, Mr. President.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. HELMS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
[[Page S5749]]
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. Mr. President, I have the greatest respect for the Senator
from Wisconsin. I think he knows that. I know his mother-in-law and I
put in every personal reference I can, but he is simply wrong on this.
He is operating in perfectly good faith, but this is wrong. This
provision does not create a new Government agency. What it does is
simply keep a current function of USIA and move the rest of them out.
It is the only thing left.
The radios--Radio Free Europe and Radio Liberty and Radio Free Asia
and Radio Free Iran, the Voice of America and the Cuban radio, Radio
Marti--will be separate from the Department of State. No new missions
are created, no new bureaucracies are established. We simply maintain
the independence and editorial integrity of the already-existing
radios.
Warnings that this bill will return us to the old age of corruption
and mismanagement are simply not so. As a matter of fact, I was dealing
with these radios a long time before the Senator came to the Senate. As
the saying goes, I fought the Battle of Jericho many times on this and
generally I won.
This bill simply extends the authority of the State Department
inspector general giving the inspector general full oversight over the
radios and the entire bureau of broadcasting and gives the Under
Secretary of State for Public Diplomacy a permanent seat on the
broadcasting Board of Governors, ensuring that their management will
come under the scrutiny of the State Department. And under this
legislation, the Director of broadcasting will serve not at the
pleasure of the board, as he does today, but rather at the pleasure of
the President with the advice and consent of the Senate.
Lastly, I have heard from the head of every one of these radio
entities. And to a man, to a woman, they are opposed to the Senator's
amendment.
Mr. President, I am tempted to move to table, but because of my
affection for the distinguished Senator I shall not do that. I will let
him have an up-or-down vote.
I thank the Chair. And we may proceed to a vote.
The PRESIDING OFFICER. Is there further debate on the amendment? If
not, the question is on agreeing to amendment No. 395. The yeas and
nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Wyoming [Mr. Enzi], the
Senator from Idaho [Mr. Kempthone], and the Senator from Kansas [Mr.
Roberts] are necessarily absent.
Mr. FORD. I announce that the Senator from South Dakota [Mr. Daschle]
and the Senator from South Dakota [Mr. Johnson] are necessarily absent.
I further announce that the Senator from South Dakota [Mr. Johnson]
is absent attending a funeral.
I also announce that the Senator from South Dakota [Mr. Daschle] is
absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 21, nays 74, as follows:
The result was announced--yeas 21, nays 74, as follows:
[Rollcall Vote No. 104 Leg.]
YEAS--21
Baucus
Bingaman
Boxer
Bryan
Bumpers
Conrad
Dorgan
Feingold
Harkin
Kennedy
Kerrey
Kerry
Kohl
Leahy
Moseley-Braun
Reed
Reid
Rockefeller
Sarbanes
Wellstone
Wyden
NAYS--74
Abraham
Akaka
Allard
Ashcroft
Bennett
Biden
Bond
Breaux
Brownback
Burns
Byrd
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Coverdell
Craig
D'Amato
DeWine
Dodd
Domenici
Durbin
Faircloth
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Kyl
Landrieu
Lautenberg
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moynihan
Murkowski
Murray
Nickles
Robb
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
NOT VOTING--5
Daschle
Enzi
Johnson
Kempthorne
Roberts
The amendment (No. 395) was rejected.
Mr. HELMS. Mr. President, I move to reconsider the vote.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LOTT. Mr. President, I want to say how much I appreciate the good
work that has been done on this legislation. It is truly a bipartisan
compromise. The distinguished chairman and ranking member, the Senator
from Delaware, have really worked hard and have come together, I think,
on a good bill. It is obvious that the bill is going to be supported by
the overwhelming votes that we have seen here today.
It is important that we finish this bill tonight. There are not a lot
of amendments left. I hope that the Senators who have amendments they
are seriously interested in will come to the floor right away and talk
to the chairman so that we can finish this up in the next hour and a
half or 2 hours.
I thank the Senator from Kentucky, who is acting as leader in the
absence of our good friend, Senator Daschle. Let's really stay behind
this and see if we can't finish in the next couple of hours. I wanted
to make that point.
Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina is recognized.
Mr. HELMS. Mr. President, the regular order would bring up the
Sarbanes amendment. We have worked that out. I think we have two others
that we are willing to accept and are agreeable to accept. That would
be Senator Dan Inouye on the East-West Center and Senator Smith of
Oregon on China.
I ask unanimous consent that it be in order for those three to be
handled in tandem.
Mr. SARBANES. Mr. President, is the Sarbanes amendment now pending?
The PRESIDING OFFICER. Is there objection to the unanimous-consent
request by the Senator from North Carolina?
The Senator from North Carolina has sought consent to consider these
amendments in the following order: The Senator from Maryland, Senator
Sarbanes; the Senator from Hawaii, Senator Inouye; and the Senator from
Oregon, Senator Smith.
Is there objection?
There being no objection, it is so ordered.
The Senator from Maryland is recognized.
Amendment No. 393, As Modified
Mr. SARBANES. Mr. President, I send a modification of my amendment to
the desk.
The PRESIDING OFFICER. The Senator has that right.
The amendment will be so modified.
The amendment (No. 393), as modified, is as follows:
On page 160, strike line 21 and all that follows through
line 7 on page 162, and insert in lieu thereof the following:
``international organizations under the heading `Assessed
Contributions to International Organizations' may not exceed
$900,000,000 for each of fiscal years 1999 and 2000.''
Mr. SARBANES. This modification has been worked out with the managers
of the bill. I appreciate their accommodation on this.
Mr. HELMS. Mr. President, I urge approval of the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment,
as modified.
The amendment (No. 393), as modified, was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote.
Mr. BIDEN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Hawaii is recognized.
Amendment No. 376, As Modified
Mr. INOUYE. Mr. President, I send a modification of my amendment to
the desk.
The PRESIDING OFFICER. The Senator has that right. The amendment is
so modified.
The amendment (No. 376), as modified, is as follows:
At the end of section 1301 of the bill, insert the
following new paragraph:
[[Page S5750]]
(C) Center for cultural and technical interchange between
east and west.--There are authorized to be appropriated no
more than $10,000,000 for fiscal year 1998 and no more than
$10,000,000 for fiscal year 1999.
Mr. INOUYE. Mr. President, this modification has been cleared and
approved by the Senator from Minnesota [Mr. Grams], and the
distinguished managers of the measure.
Mr. HELMS. Mr. President, I urge approval of the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment,
as modified.
The amendment (No. 376), as modified, was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote.
Mr. BIDEN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Oregon is recognized.
Amendment No. 396
Mr. SMITH of Oregon. Mr. President, I send an amendment to the desk
and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Oregon [Mr. Smith], for himself and Mr.
Thomas, proposes an amendment numbered 396.
Mr. SMITH of Oregon. Mr. President, I ask unanimous consent that
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert the following
new section, and renumber the remaining sections accordingly:
SEC. . SENSE OF THE SENATE ON PERSECUTION OF CHRISTIAN
MINORITIES IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) The Senate finds that--
(1) Chinese law requires all religious congregations,
including Christian congregations, to ``register'' with the
Bureau of Religious Affairs, and Christian congregations,
depending on denominational affiliation, to be monitored by
either the ``Three Self Patriotic Movement Committee of the
Protestant Churches of China,'' the ``Chinese Christian
Council,'' the ``Chinese Patriotic Catholic Association,'' or
the ``Chinese Catholic Bishops College;''
(2) the manner in which these registration requirements are
implemented and enforced allows the government to exercise
direct control over all congregations and their religious
activities, and also discourages congregants who fear
government persecution and harassment on account of their
religious beliefs;
(3) in the past several years, unofficial Protestant and
Catholic communities have been targeted by the Chinese
government in an effort to force all churches to register
with the government or face forced dissolution;
(4) this campaign has resulted in the beating and
harassment of congregants by Chinese public security forces,
the closure of churches, and numerous arrests, fines, and
criminal and administrative sentences. For example, as
reported by credible American and multinational
nongovernmental organizations,
--in February 1995, 500 to 600 evangelical Christians from
Jiangsu and Zhejiang Provinces met in Huaian, Jiangsu
Province. Public Security Bureau personnel broke up the
meeting, beat several participants, imprisoned several of the
organizers, and levied severe fines on others;
--in April 1996 government authorities in Shanghai closed
more than 300 home churches or meeting places;
--from January through May, 1996, security forces fanned
out through northern Hebei Province, a Catholic stronghold,
in order to prevent an annual attendance at a major Marian
shrine by arresting clergy and lay Catholics and confining
prospective attendees to their villages.
--a communist party document dated November 20, 1996
entitled ``The Legal Procedures for Implementing the
Eradication of the Illegal Activities of the Underground
Catholic Church'' details steps for eliminating the Catholic
movement in Chongren, Xian, Fuzhou and Jiangxi Provinces and
accuses believers of ``seriously disturbing the social order
and affecting [the] political stability'' of the country; and
--in March 1997, public security officials raided the home
of the ``underground'' Bishop of Shanghai, confiscating
religious articles and $2,500 belonging to the church;
(b) It is, therefore, the sense of the Senate that--
(1) the government of the People's Republic of China be
urged to release from incarceration all those held for
participation in religious activities outside the aegis of
the official churches, and cease prosecuting or detaining
those who participate in such religious activities;
(2) the government of the People's Republic of China be
urged to abolish its present church registration process;
(3) the government of the People's Republic of China fully
adhere to the religious principles protected by the U.N.
Universal Declaration of Human Rights; and
(4) the Administration should raise the United States'
concerns over the persecution of Protestant and Catholic
believers with the government of the People's Republic of
China, including at the proposed state visit by President
Jiang Zemin to the United States, and at other high-level
meetings which may take place.
Mr. SMITH of Oregon. Mr. President, one of the threshold rights that
we as Americans hold dear is the right to worship God according to the
dictates of one's own conscience. It is for that reason that many
Christians and people of all faiths are disturbed by news headlines
about the persecution of Christians, specifically, and other religious
minorities generally in the nation of the People's Republic of China.
This body is about to engage in a great debate on the issue of China
and how the religious minorities of that great nation are treated by
its government. Many of us are concerned about this issue and find it
appalling to read accounts of the persecution of Christians in that
nation. I, for one, believe that the best way to help China change its
internal affairs toward religious minorities is not by escalating a
trade war or military competition with them, but rather to engage them
and to focus the spotlight upon this issue in every forum that we can
find. I think businesses have an obligation to do that, and I believe
we, as U.S. Senators, have an obligation to do that.
For that reason, today, I rise to offer this amendment, which is a
sense-of-the-Senate amendment, that will focus on the issue of
religious persecution in the People's Republic of China. Specifically,
it says that:
It is, therefore, the sense of the Senate that:
(1) the government of the People's Republic of China be
urged to release from incarceration all those held for
participation in religious activities outside the aegis of
official churches, and cease prosecuting or detaining those
who participate in such religious activities;
(2) the government of the People's Republic of China be
urged to abolish its present church registration process;
(3) the government of the People's Republic of China fully
adhere to the religious principles protected by the United
Nations Universal Declaration of Human Rights; and
(4) the Administration should raise the United States'
concerns over the persecution of Protestant and Catholic
believers with the government of the People's Republic of
China, including at the proposed state visit by President
Jiang Zemin to the United States, and at other high-level
meetings that may take place.
I believe this amendment has the approval on both sides. I thank the
Chair and the managers of the bill for this time.
The PRESIDING OFFICER. Who seeks recognition?
Mr. FORD. Does the manager want to pass this amendment?
Mr. HELMS. Mr. President, first of all, I ask unanimous consent that
I be added as a cosponsor to the Senator's amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. I urge adoption of the amendment.
Mr. FORD. Mr. President, we agree to the amendment.
The PRESIDING OFFICER. If there is no further debate, the amendment
is agreed to.
The amendment (No. 396) was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. KERREY. Mr. President, I rise today to discuss my thoughts on the
State Department authorization bill. I am afraid that too often we
minimize the importance of legislation that deals with foreign policy
because it is an issue that fails to capture the interest of our
constituents. In my opinion, this lack of interest is a sign of failure
on our part to explain to our constituents the importance of sound
foreign policy to their lives.
At the same time, more and more people in my home State are coming to
know the importance of trade in developing our economy and creating new
markets for Nebraska agricultural and industrial products. Essential to
a profitable trade environment is a stable diplomatic relationship. It
is our State Department that takes a leading role in creating the ties
that will lead to
[[Page S5751]]
new markets and prosperous trade relations. We must do a better job of
explaining the link between foreign policy and a healthy economy based
on free trade.
Mr. President, it is also important that we remember that failure of
foreign policy can have deadly consequences. Our investment in the
State Department and international organizations such as the United
Nations represents a fraction of the monetary investment required for
the United States to respond militarily to a threat to our interests
that may have been averted through diplomacy, not to mention the
investment in human lives.
Mr. President, this bill is a significant improvement over similar
legislation that has come before the Senate in that it addresses very
difficult and contentious issues with fewer of the controversial policy
provisions that have doomed past legislation. This is not to say that
this bill is void of provisions that cause me concern, but I am hopeful
that as the process moves forward these issues will be worked out.
Division A of this bill addresses the consolidation and restructuring
of our foreign policy agencies. Aside from streamlining these agencies,
I am hopeful this legislation will help us construct a foreign policy
structure better prepared to respond to the challenges it will face in
the post-cold-war world. By consolidating the Arms Control and
Disarmament Agency and the U.S. Information Agency into the State
Department, we are not saying that arms control and public diplomacy
are less important than during the cold war. Instead, we are
reaffirming their importance by placing these tasks under the direct
control of the Secretary of State. On this point, I would like to
praise the administration, the chairman, and ranking member of the
Foreign Relations Committee for pursuing a reorganization plan that
will strengthen U.S. foreign policy by strengthening the role of our
Secretary of State. I do share the concerns expressed by the
administration and believe that it is important for the President and
the Secretary of State to have a sufficient amount of flexibility
during the process of restructuring in order to ensure the greatest
amount of efficiency and ability to meet the challenges of the 21st
century.
Division B of this bill contains the authorizations of appropriations
for the State Department and related agencies. I recognize the fiscal
constraint under which we are operating, but I am very concerned by the
failure of this bill to fully fund our foreign policy agencies. While
the $6.08 billion authorized in the bill is close to the $6.15 billion
requested by the President, funding levels fall short in several key
accounts.
First, this bill authorizes $59 million less than was requested by
the President for contributions to international organizations; there
is also a $40 million shortfall from the amount requested for
international peacekeeping. Finally, the bill reduces ACDA's
authorization level from $46 million to $39 million. At a time in which
we are calling for ACDA to be integrated into the State Department, it
is important that we not shortchange this agency. Each of these funding
shortfalls threatens the effectiveness of agencies and calls into
question our commitment to maintaining a strong foreign policy.
Mr. President, the final section of the bill, division C, is of
particular interest and concern to me. Once again, I am pleased that
the Senate has finally chosen to address the issue of US arrears to the
United Nations, but I am concerned about the approach that is taken in
this bill.
Mr. President, let me first state that I fully support U.S.
participation in the United Nations. In helping to create the United
Nations in 1945, the United States sought to create an organization of
countries that could work together to achieve common goals. Today, the
United Nations remains an important forum of consultation and
cooperation in which the United States can work with other nations to
advance our interests. However, I fear that the ability of the United
States to use its power in the United Nations will be jeopardized by
our inability to pay our bills.
I do not disagree with those who push for continued reforms within
the United Nations. However, I am concerned that many of the benchmarks
and conditions contained in this bill play to the unfounded fears of a
few in our society and go too far in dictating policy to the United
Nations. Mr. President, I do not believe that the United States should
put itself in the position of micromanaging the United Nations. While
the United States remains the most influential country in the United
Nations we must recognize the need to work with, rather than dictate
to, the remaining 183 countries. We in the United States are groping
with our own fiscal problems, we should not be so quick to assume we
have a monopoly on reform.
It is for this reason that I supported Senator Lugar's amendment.
Aside from fully funding the $819 million in arrears payments over 2
years, Senator Lugar's amendment would have deleted the benchmarks and
conditions contained in the bill. In my opinion, we must live up to our
international commitments or be prepared to face the consequences of
surrendering our leadership role in the world.
Mr. President, while I have many concerns, and I believe that this
bill could have been crafted in a way that would have further advanced
our foreign policy goals, on balance I believe this bill represents a
positive step forward and I will vote in favor of final passage. By
radically reorganizing our foreign policy apparatus, we better prepare
ourselves to meet the foreign policy challenges we are certain to face
in the future. Finally, despite the concerns I have about our approach,
I believe that this bill will move us toward paying our debts to the
United Nations and reestablishing U.S. leadership.
section 2108
Mr. HELMS. Mr. President, the section of the Foreign Relations
Committee report on S. 903, the Foreign Affairs Reform and
Restructuring Act of 1997 (Report No. 105-28), describing section 2108
on the Organization of American States was inadvertently left out of
the printed report. In order to establish the legislative history of
section 2108 of S. 903, I ask unanimous consent that a description be
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Section 2108--Organization of American States
Expresses the sense of Congress that the Secretary of State
should make every effort to pay the United States assessed
funding levels for the Organization of American States (OAS).
The Committee recognizes the unique relationship and
importance of the OAS to the United States. The Committee
also notes that the OAS is disproportionately reliant on the
United States assessed contribution, with the United States
providing 59 percent of the organization's assessed budget.
The Committee has encouraged reform of international
organizations. The OAS, to its credit, has taken a number of
positive steps to reform, including establishing an
independent Inspector General, mandating annual independent
financial audits, establishing a Unit for the Promotion of
Democracy, while holding the line on the budget and reducing
personnel from 1700 to 600. Section 2108 acknowledges the
progress made by the OAS in streamlining the institution and
maximizing its resources.
The Committee also takes note of the work of the OAS,
especially in promoting democratic processes and
institutions, most recently in Nicaragua and the Dominican
Republic, and in contributing to reconciliation in Central
America, most notably the work of the International Support
and Verification Commission (CIAV) in Nicaragua.
REAUTHORIZATION OF AU PAIR PROGRAM
Mr. KENNEDY. Mr. President, section 1314 of the State Department
authorization bill reauthorizes the Au Pair Cultural Exchange Program
in the United States Information Agency.
Over the years, this program has won broad support in Congress and
across the country, helping working families with their child care
needs while providing valuable experience of life in America for young
men and women from overseas.
However, earlier this year, the people of Massachusetts were stunned
by the tragic death of a child in Newton at the hands of a participant
in the program. I wrote to USIA immediately, requesting an urgent
review of current procedures for screening participants in the program
and requesting USIA's recommendations for strengthening them.
As the Senate votes today to approve this legislation, USIA is in the
process of promulgating new regulations for
[[Page S5752]]
the au pair program which will be published in the next few days. I
believe that these regulations will provide greater assurance to the
thousands of American families who have come to rely on this program
that the au pairs who participate are better trained and better
screened. I understand that the new rules will enhance the training and
experience requirements for au pairs to qualify for the program. The
regulations should enhance the involvement of American families in
selecting the au pairs to care for their children. In addition, new
regulations will ensure that au pairs are not overworked and are able
to participate in educational programs that strengthens the cultural
and educational exchanges at the heart of this important program.
Finally, this program will remain under periodic review. In fact,
every fifth year, a comprehensive re-examination of the program is
required to determine whether the program will be continued.
These are welcome improvements in the au pair program. They will
benefit American families with child care needs, and benefit the
cultural exchange programs that are such an important aspect of ours
with other countries. This reauthorization is a key part of this
overall bill, and I urge members of the Senate to support it.
Mr. LIEBERMAN. Mr. President, I rise this afternoon to congratulate
Senator Helms, Senator Biden and the members of the Senate Foreign
Relations Committee for the bipartisan spirit reflected in the Foreign
Affairs Reform bill, and particularly for their efforts to restructure
the foreign affairs agencies for the 21st century.
When a proposal to consolidate agencies came to the floor last year,
I offered an amendment that would have struck provisions integrating
the United States Information Agency into the Department of State. At
that time, there appeared to be a serious risk that the valuable
mission of USIA, public diplomacy, would be harmed in a consolidation
process overly inspired by a zeal to slash budgets and bureaucracies. I
will continue to watch this closely.
Those of us who shared this concern are pleased that the effort being
made now will strengthen and not diminish public diplomacy by keeping
the focus on the team responsible for its conduct. Despite the
wonderful capabilities of technology, we cannot count on it alone to
carry America's message to foreign countries. There will always be the
problem that Edward R. Murrow described as taking the message ``the
last three feet.''
What I imagine Murrow meant was that foreign publics will be open to
understanding America's case only when they know us and respect us, and
when we know enough about them to relate to their interests and values.
This means more than shouting at them through technology's
loudspeakers. It means ``being there,'' having foreign service
professionals in the field whose work it is to cultivate relationships
that go beyond government-to-government communiques.
American interests and values will be served through effective use of
the international media, the internet, and government broadcasting
capabilities such as the Voice of America. But we must not allow these
tools of mass communications to become separated from the professionals
on the ground who follow the pulse of the people, whether in the market
or at the University. American foreign policy needs engagement, up
close and personal, now more than ever.
And so I am heartened by the efforts this legislation makes to
advance public diplomacy and I encourage my colleagues here in
Congress, and the Administration, to remain focused on the importance
of the mission at hand rather than on the potential for modest savings
later on.
In that same vein, Mr. President, I also would like to thank Senator
Lugar for introducing in this legislation a foreign affairs review
process as a necessary corollary to agency reorganization. Senator
Lugar and I worked together to craft this approach because we believe
it is time to examine systematically what our diplomacy must do for us
in the 21st century. The review, which has been endorsed by a large,
distinguished, and diverse group of foreign affairs experts and others
with a great deal of public and private international experience, will
look at the functions of all the federal departments and agencies with
interests and assets overseas.
Some describe the way we do America's business abroad as ``a 40
agency conundrum.'' Dozens of agencies, in addition to State, USIA, AID
and the other ``traditional'' members of the foreign affairs community,
pursue separate overseas agendas with little coordination or
cooperation between them. It is an inefficient and, as the world
continues to change from the stark East-West split of the Cold War, an
ineffective way to advance our interests and values around the globe.
The end of the Cold War has brought new challenges and opportunities
to our international relations. We have seen how these can erupt into
conflicts that disrupt economic life, produce waves of desperate
refugees, threaten public health and the environment, and sometimes
provoke horrible violence. We cannot respond to these new circumstances
by relying on old methods.
Streamlining bureaucracies is an important step in the right
direction. But we need to do more. It will not serve our interests to
do the wrong things more efficiently. We need to look inside the
organizations themselves to see what they do and how they do it. We
need to evaluate both the necessity and the manner of their work. Our
representatives overseas often are locked in mind-numbing endeavors
with no discernible value apart from feeding an insatiable Cold War
dinosaur. Jurassic Park was a terrific movie; but it's a lousy model
for foreign policy.
This legislation addresses that problem. It creates an outside
commission to examine the way America conducts its international
relations and it reinforces that effort with parallel study by the
Secretary of State. Ultimately, the Secretary, the official with
responsibility for the conduct of our foreign relations, will reconcile
the reviews and make proposals to the Congress for any needed changes.
Our goal here is not just to improve the way we organize foreign
policy. It is to improve the way we conduct foreign policy.
Mr. President, the key to continued American leadership in the 21st
century will be our ability to create more options. Not just to
identify the trends and possibilities that circumstances present to us,
but to create the opportunities for action that reflect our values and
advance our interests. We are the world's indispensable country because
we are the only nation with the resonating ideals, the geographical
size and location, the economic and military strength, and the
political and social diversity to make our presence felt and to exert
our influence in every corner of the globe. No other nation can provide
that leadership to the world's democratic nations, the leadership to
shape a world in which our people can pursue their destiny less
encumbered by the unnecessary divisions among the world's people. We in
Congress have the privilege and responsibility of safeguarding and
enhancing America's moral and material leadership around the world. We
do that, in part, by supporting and renewing the agencies and people
charged with representing us overseas. We do that by focusing on their
mission, and giving them the resources to carry it out.
This bill is a an important step forward. It recognizes that we need
more money for aggressive, smart diplomacy--that we cannot continue to
conduct it on a frayed shoestring. It recognizes that our world has
changed, and is continuing to change, by directing that we begin to
conduct our diplomacy more effectively and to begin to think seriously
about what our foreign affairs agencies must be able to do so that the
21st century will not be, in the words of one diplomat, a repeat of the
20th century. And by resolving a serious, lingering conflict over the
UN, it recognizes that we are an inseperable part of the family of
nations, and that we must work to make the only global organization for
this family better--not withdraw from it.
Mr. GRAMS. Mr. President, this historic, bipartisan deal was the
result of arduous, delicate negotiations--nearly 5 months of
painstaking talks with the chairman, the administration, Senator Biden,
and his staff. After all that work, after all that effort, we have
succeeded in hammering out a fragile bipartisan deal--a deal which
saves the American taxpayers money, reforms
[[Page S5753]]
our foreign affairs apparatus, and requires much needed reform at the
United Nations. None of us got everything we wanted. All of us had to
make concessions. But the result is a package that, while far from
perfect, is something we should all be able to live with.
I strongly support the U.N. reform measures. These reforms will help
the American taxpayer, and help the international community by creating
a United Nations that works. History shows that reforms at the United
Nations only happen when Congress mandates those reforms by making its
U.N. payments conditional on the implementation of reforms. Consider
the recent record: Congress withheld funding until the United Nations
established an Independent Office of Internal Oversight--and it
happened, and Congress withheld funding until the United Nations
appointed an inspector general--and it happened.
Under the terms of this legislation, we reduce our regular budget
assessment to 20 percent. We reduce our peacekeeping assessment to 25
percent. We reimburse the American taxpayers for U.S. assistance to
U.N. peacekeeping operations. We establish an inspector general in the
big three agencies to root out waste, fraud, and corruption. We ensure
a U.S. seat on the budget committee. These are some of the conditions
which must be accepted by the United Nations in order to receive the
payment of the $819 million in arrears. They are not radical; they are
not extreme; they provide a framework for change so the United Nations
can become more effective. We have crafted a reform package that is
necessary. This is a package that will work.
This is a historic piece of legislation. We are dismantling our cold
war foreign relations bureaucracy; we are creating a more effective
United Nations, and we are prioritizing our international affairs
expenditures. We need a more effective foreign affairs apparatus, both
at home and at the United Nations, in order to confront the challenges
to peace and security in the future. This bill will help us to provide
the structure that we will need for America to secure its leadership
role in the international arena.
Mr. HELMS. Mr. President, we are trying to assemble a list, and there
is a fair hope that we can finish in maybe an hour, hour and a half if
Senators who have made indications that they have amendments will let
us know if they really intend to offer the amendments.
So while that is working, I will suggest the absence of a quorum.
Mr. FORD. If the Senator will withhold that, Mr. President, I
understand there are basically no amendments on this side, maybe a
technical amendment or two. So we are very close to being ready to move
forward with third reading and final passage. So anything we can do to
encourage others to do that or anything we can do to help, please let
us know.
Mr. HELMS. I thank the Senator.
I yield the floor.
Mr. SPECTER. Mr. President, I have conferred with the distinguished
chairman of the committee and have his agreement that I might
interrupt, since we are about to go into a quorum call anyway, to ask
unanimous consent for up to 5 minutes to introduce a separate piece of
legislation.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Pennsylvania is recognized.
(The remarks of Mr. Specter pertaining to the introduction of S. 923
are located in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. HELMS. Mr. President, we have about six or eight possible
amendments remaining. Some of them were submitted by staff. We have not
heard anything from any of the Senators involved.
I ask unanimous consent that by 25 minutes until 6--which is about 20
minutes from now--if we have not heard from Senators themselves that
they wish to call up an amendment or an amendment on the list, we will
assume they no longer are interested in such an amendment, and we will
proceed to third reading.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. I ask that the distinguished Senator from Texas be
recognized to offer an amendment.
The PRESIDING OFFICER. The Senator from Texas.
Amendment No. 397
(Purpose: To express the Sense of the Congress that the North Atlantic
Treaty Organization should consider a formal dispute resolution
process)
Mrs. HUTCHISON. I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Texas [Mrs. Hutchison] proposes an
amendment numbered 397.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of title XVI, add the following (and conform the
table of contents accordingly:)
SEC. . SENSE OF CONGRESS REGARDING THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The West's victory in the Cold War dramatically changed
the political and national security landscape in Europe;
(2) The unity, resolve, and strength of the North Atlantic
Treaty Organization was the principal factor behind that
victory;
(3) The North Atlantic Treaty was signed in April 1949 and
created the most successful defense alliance in history;
(4) The President of the United States and leaders of other
NATO countries have indicated their intention to enlarge
alliance membership to include at least three new countries;
(5) The Senate expressed its approval of the enlargement
process by voting 81-16 in favor of the NATO Enlargement
Facilitation Act of 1996.
(6) The United States is bound by Article Five of the North
Atlantic Treaty to respond to an attack on any NATO member as
it would to an attack on the United States itself;
(7) Although the prospect of NATO membership has provided
the impetus for several countries to resolve long standing
disputes, the North Atlantic Treaty does not provide for a
formal dispute resolution process by which members can
resolve differences among themselves without undermining
Article Five obligations.
(b) Sense of Congress.--It is the sense of Congress that
the North Atlantic Treaty Organization should consider a
formal dispute resolution process within the Alliance prior
to its December 1997 ministerial meeting.
Mrs. HUTCHISON. Mr. President, this is an amendment that I believe is
agreed to by both sides. I am very pleased that both sides have agreed
to this because it deals with NATO expansion and is something that I
think will strengthen our ability to expand NATO, will make sure that
we have considered many of the potential problems that could arise, and
have a dispute resolution process to deal with those so that we will
not have to call on Article Five.
As everyone knows, Article Five says that any attack on any NATO
country is an attack on the United States or any of the other NATO
allies.
We want to make sure that, if there is a border dispute or some sort
of internal dispute within a country or between two neighboring
countries or between any two countries who are members of NATO, we have
a dispute resolution process so that we can have a way for people to go
to the bargaining table, and the process is a binding arbitration--much
like binding arbitration in labor negotiations in the United States--so
that rather than have a question about whether we are going to be on
one side or the other in a military conflict, that we have a process
that everyone who is a present member of NATO and any future members of
NATO would agree to that would be perhaps--this is not in the agreement
yet--perhaps where each country in the dispute would pick one other
country in NATO as their representative. Those two representative
countries would then pick a neutral representative to arbitrate the
differences.
The important thing is there would be an agreement for binding
arbitration. So, if there was a flare-up between two present members of
NATO--
[[Page S5754]]
say Greece and Turkey, or a future member of NATO, Hungary and Romania,
for instance--there would be a way for us to have a process that
everyone agreed to before there were new members added and that could
be brought into fruition right at the time of the dispute so that there
would not be a problem, so there would be no dilution of Article Five.
So, Mr. President, this amendment is a sense of Congress that NATO
would consider a formal dispute resolution process and that it would do
so within NATO prior to the December 1997 ministerial meeting. It is a
sense of Congress that says to our NATO allies, let's sit down and
think of all the ramifications of the NATO organization as it is now
and any future members that would come in. Let's look at any of the
ramifications that might come--a border dispute, or disputes among
countries--let's have a process that does not include warfare where
everyone agrees to abide by the decision as the process is set.
I am very pleased that this sense of Congress will be accepted. I
think it will strengthen any future members coming into NATO. And,
frankly, Mr. President, best of all, I think it will strengthen the
alliance as it stands today because I think this will avoid many future
conflicts. I think the more we can do today to settle questions that
might arise, the stronger this alliance will be.
Mr. President, I do think NATO is the best defense alliance in the
history of the world. I want to keep it strong.
So I appreciate the acceptance of this amendment.
I urge its adoption.
Mr. BIDEN addressed the Chair.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. BIDEN. Mr. President, I thank the Senator from Texas for
streamlining her amendment. I appreciate it very much. It is acceptable
to the minority.
I urge its adoption.
The PRESIDING OFFICER. If there is no further debate, without
objection, the amendment is agreed to.
The amendment (No. 397) was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote by which the
amendment was agreed to, and I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. HELMS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SPECTER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SPECTER. Mr. President, I am considering pursuing an amendment
which would take a firm stand against the terrorism of the Palestinian
Authority, Chairman Yasser Arafat, and I have thought through the
possibility of offering an amendment on this bill. But after consulting
with members of the Administration, I have decided to await a remedy of
reprogramming, with my option remaining to offer this amendment on the
foreign aid bill which will be marked up in the Appropriations
Committee this week and offered on the floor sometime in the near
future. But I do want to make a comment or two about it, as to what I
think needs to be done on the modification of U.S. law as it relates to
funding for the Palestinian Authority.
In existing law, under an amendment offered by the Senator from
Alabama, Senator Shelby, and myself, the $500 million in aid to the
Palestinians, the Palestinian Authority is conditioned on a maximum
effort by Chairman Yasser Arafat and the Palestinians to fight
terrorism and also to change the PLO charter to rescind the provision
calling for the destruction of Israel. Certain events have occurred in
the immediate past which, in my view, raise a question as to whether
there is compliance with the Specter-Shelby amendment and whether there
is a need for further statutory language to act against terrorism which
has been promoted by the Palestinians.
The two specific matters that I have referred to are the bombing of
the Tel Aviv restaurant resulting in the murder of three Israelis and
the wounding of many more on March 21, 1997, where Prime Minister
Netanyahu made a statement that Chairman Arafat had given a green light
for that act of terrorism. When Secretary of State, Madeleine Albright,
was before the Subcommittee on Foreign Operations Appropriations a few
weeks ago, I questioned her about that, and she said that there had not
been a green light, but said that Arafat had not given a red light
either.
I do not want to become involved in what shade of amber, what shade
of red, there is in using the expression of ``lights given by Chairman
Arafat.'' But I believe it is indispensable, if the United States is to
give assistance to the Palestinians and the Palestinian Authority, that
there be a maximum effort made by the Palestinian Authority and by
Chairman Arafat to stop terrorism. Short of that, it is my view that we
ought not to be providing U.S. funds.
The amendment that I have in my hand that I have been considering
offering--I have had discussions with the distinguished chairman and
ranking member and members of the Administration--calls for
conditioning payment to the Palestinian Authority on the determination
by the State Department that Chairman Arafat did not act in a way which
failed to give a red light to stop terrorism.
The second factor of concern to me is a report by Deputy Minister of
Education of Israel, Moshe Peled, that Arafat had knowledge of the
proposed bombing, a terrorist act against the Trade Center in 1993,
which resulted in the killing of six United States citizens and the
wounding of many, many more people, and that, if in fact that
allegation is true, then Arafat--Mr. President, the Senate is not in
order. May we have the Senate be in order please?
The PRESIDING OFFICER. The Senate will be in order.
Mr. SPECTER. If it is in fact true that Chairman Arafat had knowledge
of that proposed bombing before it occurred, that would make him an
accessory before the fact and a co-conspirator and subject to
extradition under the so-called long-arm statutes which we enacted in
1984 and again in 1986. I think that ought to be done.
Upon learning about Chairman Arafat's possible knowledge of that
bombing, I wrote to the Attorney General, asking for an investigation,
received back a vacuous answer from a subordinate, wrote again asking
for a detailed investigation, and I am awaiting a response from the
Department of Justice on that point.
The amendment which I have been considering offering on this bill and
may offer on the foreign aid bill would condition payment to the
Palestinian Authority on the determination by the Department of Justice
that Chairman Arafat was, in fact, not involved, having prior knowledge
of the Trade Center bombing. At the conclusion of my remarks, I will
make part of the Record, the exchange of correspondence on this issue.
I then placed a telephone call to Moshe Peled, the Deputy Minister
for Education of Israel, to find out more about his assertions. I found
out that he spoke Hebrew and not English, and I spoke English and not
Hebrew. Then I had one of my deputies, David Brog, who speaks Hebrew,
talk to him. The upshot of that conversation was that Mr. Peled stood
by what had been reported but referred us to Israeli authorities to
find out more about it. That, obviously, is a matter for the Department
of Justice, perhaps for the Department of State. It is my view that
before we make these payments, there ought to be a certification that
Chairman Arafat was not in fact involved as an accessory before the
fact nor was he a co-conspirator having knowledge of that matter.
In conversations with the Administration, it may be that this
objective can be achieved by a reprogramming of the funds which are
going to the Palestinian Authority, some $10 million, and that this
would, in fact, not affect some of the other funding going to the
infrastructure, which is not in Chairman Arafat's control and not in
the control of the PLO or the Palestinian Authority. It may be that my
objective can be achieved without offering this amendment.
I am informed by the distinguished Senator from Delaware that my
proposed amendment is opposed by the Administration, and the President
was
[[Page S5755]]
sending a letter over, because it would complicate the peace process.
If the Administration is prepared to deal with the Palestinian
Authority and Chairman Yasser Arafat in the context where there are
outstanding allegations that Arafat was an accessory before the fact or
a co-conspirator on the Trade Center bombing, then I think the
Administration is dead wrong. If the Administration is prepared to deal
with Arafat, give him U.S. money in a context where he has given a
green light or has failed to put up a red light, there again, I think
they are dead wrong--maybe totally wrong. Dead wrong would be a bad
expression, in the light of all the people killed by PLO terrorists.
In any event, I am prepared not to resolve the issue this afternoon
in light of the fact that we may be able to accomplish it by
reprogramming and in light of the fact that we may be able to bring the
matter to a head if it is necessary for the Senate to vote on the
foreign aid bill, which will be up before the Senate in the very near
future.
I thank the Chair and I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Mr. President, we are awaiting just a few more items of
information to be included. No Senator has appeared as of 5:35, so it
is presumed that there will be none.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. Mr. President, while we are waiting for the one remaining
amendment to be offered by the Senator from Alaska, let me pay my
respects to the young people on the staff of the Senate Foreign
Relations Committee, both Republican and Democrat. But I will speak to
and about the young people on the Republican staff, headed by the one
and only Admiral James Wilson Nance, moreover known as Bud Nance, who
is the chief of staff of the committee, a gentleman whom I have known
since we were little boys in Monroe, and who has built that staff to
one of the best that has ever been in charge of the foreign affairs
side of the Foreign Relations Committee down through the years.
Then there is Tom Klein, himself a remarkable young man; Chris
Walker, he is delightful; Marshall Billingslea, he is my anchor when
the wind begins to blow; Ellen Bork, and, yes, she is the daughter of
him, and I tell him that the daughter is smarter than he is; Dan Fiske;
Garrett Grigsby; Patti McNerney, who you have seen working so
diligently this afternoon and on previous occasions; Dany Pletka; Marc
Theissen; Beth Wilson; Michael Westphal.
While I am thanking the Republican staff, I thank Joe Biden for his
exceptional cooperation. It has been sort of an arduous task to do all
of the detail work that had to be done, but he and I and our mutual
staffs, our respective staffs, really, spent many, many hours working
together, and here we are almost to the point of asking for third
reading.
The reason I paused, Mr. President, is that we are finishing a fairly
long list of en bloc amendments, technical amendments, which is not yet
ready. In the meantime, the distinguished Senator from Alaska [Mr.
Murkowski] is on the floor. I welcome him and yield the floor.
Mr. MURKOWSKI. I thank my friend for accommodating my schedule. I am
most appreciative of him allowing a few moments so that I may offer
what I assume is the concluding amendment.
The PRESIDING OFFICER. The Senator from Alaska.
Amendment No. 398
(Purpose: To establish within the Department of State the position of
Coordinator of Taiwan Affairs for the coordination of United States
Government activities relating to the American Institute on Taiwan)
Mr. MURKOWSKI. Mr. President, I rise to offer an amendment that would
increase dramatically cooperation between the Congress and Department
of State on issues relating to Taiwan.
There have been a lot of problems over the last few years relative to
Executive Branch-Congressional dealings with regard to Taiwan. We had a
situation back in 1993, I think, when President Lee of Taiwan attempted
to overnight in Hawaii on a flight from Taiwan that was traversing the
Pacific Ocean to a Central American destination. Unfortunately, that
was not handled very well, and I think that it reflected poorly on U.S.
hospitality. I recognize the sensitivity of the issue, but,
nevertheless, I think most Americans agree that it was poorly handled
by the State Department.
The administration, at that time, refused to work with the Congress
on this issue until 1994, when an amendment which I offered went to a
vote and prevailed.
More recently, some in this Chamber might remember the controversy
created by the selection of the Director of the American Institute in
Taiwan, Director James Wood.
It is important to note that this directorship is not a formal
ambassadorial position. It is our recognition of the uniqueness, if you
will, of the existence of Taiwan that the President selects a
Representative to Taiwan.
Mr. James Wood resigned from his position on January 17, 1997. There
were various charges and countercharges with regard to foreign
contributions during the election campaign, and the legitimacy of that
I will leave to the investigators. However, a February 10 Los Angeles
Times story quoted a U.S. investigator as saying the variety of
allegations constituted the ``most bold and blatant'' example veteran
State Department officials could recall of the abuse of a diplomatic
post.
I am not going to argue the merits of Mr. Wood. But the Senate knows
very little about Mr. Wood or any other official with direct
responsibility for Taiwan affairs, because they do not come before the
Senate Foreign Relations Committee for confirmation.
In the case of Mr. Wood, it is not for lack of effort on the part of
the Senate. My very good friend and chairman of the Foreign Relations
Committee, Senator Helms, is very familiar with the lack of
consultation between the State Department and Congress over Mr. Wood's
appointment. After receiving information from outside sources regarding
the qualifications of Mr. Wood for this sensitive post, both Senator
Helms and I asked the State Department to allow us to have a meeting
with Mr. Wood before his appointment. For reasons that have never been
made clear, the State Department did not arrange the meeting prior to
the appointment. Instead, Mr. Wood's appointment was announced while, I
believe, the chairman was on the floor debating the 1995 version of the
very same bill we are debating today, regarding State Department
Authorization.
It is important to note that our request for consultation was
certainly consistent with the spirit of the Taiwan Relations Act, which
is a very unusual but workable agreement. The TRA requires the
Committee on Foreign Relations to oversee the implementation of the act
and the operations and procedures of the American Institute in Taiwan.
I repeat that. The act itself requires the Committee on Foreign
Relations to oversee the implementation of the act and the operations
and procedures of the American Institute in Taiwan.
Now, ``procedures'' certainly suggests an oversight on the Director.
Furthermore, then Secretary of State Vance at that time assured the
Foreign Relations Committee in a letter to then Chairman Frank Church
that--and I quote--``the names of prospective trustees and officers
will be forwarded to the Foreign Relations Committee. If the Committee
expresses reservations about a prospective trustee, [the Department of
State] will undertake to discuss the matter fully with the Committee
before proceeding.''
Well, that is fine. The only problem is, the State Department did not
seem to be able to get around to it. So what I am proposing is that the
Senate more formally assert, or reassert, I should say, itself into
this process by passing my amendment, which would require--it is very
important now, Mr. President, we get this--require the coordinator for
Taiwan affairs, a position that now exists at the State Department, to
simply be subject to Senate confirmation.
The administration would maintain the flexibility of the appointment,
but
[[Page S5756]]
we would have the opportunity for confirmation.
So let me make it clear. Although I would have liked to propose an
amendment that would have made the AIT Chairman and AIT Director
subject to Senate confirmation, I have been advised that because of the
particular and unusual nature of the American Institute in Taiwan, it
would violate the Constitution to make these officers subject to advise
and consent.
Instead, therefore, I am trying to at least get more accountability
from the State Department in our Taiwan policy. It has nothing to do
with the sensitivity between Taiwan and PRC. This has to do about
Senate perogative to have consent and accountability associated with
the process. After all, Taiwan is our eighth largest trading partner.
It is an important ally. I think we should have someone at the State
Department who is more accountable to the Congress as we move forward
on important issues like Taiwan's bid to join the World Trade
Organization.
Mr. BIDEN. Will the Senator yield?
Mr. MURKOWSKI. I urge you to support my amendment.
I would be happy to respond to questions.
Mr. BIDEN. Mr. President, I really have no question, just a
statement.
I thank the Senator from Alaska for the way he is handling this. I
literally just got off the phone with the Secretary of State, who said,
knowing you were speaking now, that when you finished, or at any time
that is convenient for you, she is willing to personally assure you,
and authorized me to tell you as well, that she makes a personal
commitment that she will coordinate more closely with you and any
Member of the Senate on Taiwan policy in a contemporaneous fashion. She
is willing to assert that to you.
I know no one here doubts her word. But I realize time is close in
terms of the schedule here. But she is prepared and ready and willing
to take your call and anxious to personally make that commitment to
you. But she authorized me to be able to say what I just said on the
floor.
I thank the Senator for the way in which he has concluded to handle
this matter, and I appreciate the Secretary's willingness to be
available and contemporaneously discuss these issues with the Senator
from Alaska, who, obviously, along with the Senator from North
Carolina, I do not know of any two people that have shown a greater
interest in Taiwan than those two of my colleagues.
Mr. MURKOWSKI. I wonder if my friend from Delaware can advise me
since he recently just talked to the Secretary, does he interpret her
intention to provide an opportunity for the Committee on Foreign
Relations to review the potential director so that there would be some
oversight?
Mr. BIDEN. The answer to that question is, I do not know. I did not
ask her that specific question, so I do not want to give a specific
answer, except to suggest to you I am confident that she would be
willing to come before you in your capacity as the chairman of that
subcommittee and/or you and the committee, or you personally, to
indicate to you how that process of coordination would be carried out.
But I do not want to put words in her mouth. I did not ask that
explicit question.
Mr. MURKOWSKI. Maybe if I put the Senate in a quorum call very
briefly while I talk to the Secretary and see what kind of assurance I
can get.
Mr. BIDEN. I think that would be appropriate. I gave your staff her
phone number. She is literally waiting by the phone.
And I might note, Mr. President, I have not found, in my 25 years
here, a more accommodating Secretary of State. So she is literally
waiting for your call, as they say. If there is business we can conduct
in your absence--I do not know if there is any--if there is, maybe we
can do that.
I ask unanimous consent to temporarily lay aside, if there is an
amendment--is there an amendment at the desk?
The PRESIDING OFFICER. The amendment has not been proposed.
Mr. BIDEN. I assure the Senator that after the Senator has his
conversation, we can go back to this and he can have the floor.
Mr. MURKOWSKI. Mr. President, while we are waiting, I offer the
amendment for its consideration at this time.
The PRESIDING OFFICER. The clerk will report.
Mr. MURKOWSKI. And I would propose that we lay it aside after it is
read.
The assistant legislative clerk read as follows:
The Senator from Alaska [Mr. Murkowski] proposes an
amendment numbered 398.
Mr. MURKOWSKI. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert the following:
SEC. . COORDINATOR FOR TAIWAN AFFAIRS.
(a) In General.--Section 6 of the Taiwan Relations Act (22
U.S.C. 3305) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) There shall be in the Department of State a
Coordinator for Taiwan Affairs who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Coordinator shall be responsible to the Secretary
of State, under the direction of the President, for the
coordination of all activities of the United States
Government that relate to the American Institute on
Taiwan.''.
(b) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by adding at the end of the
following:
``Coordinator for Taiwan Affairs.''.
Mr. BIDEN. I ask unanimous consent that the Murkowski amendment be
temporarily laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BIDEN. I yield the floor.
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. I thank the Chair.
Amendment No. 399
Mr. HELMS. Mr. President, I send to the desk a series of amendments
on behalf of myself and the distinguished Senator from Delaware, Mr.
Biden, and I ask that these amendments be considered en bloc. And these
en bloc amendments make technical conforming changes to the bill. I
understand there is no objection to these technical changes to the
bill. I now ask unanimous consent that these amendments be adopted en
bloc. I know that the distinguished Senator from Delaware will be
delighted to say OK.
Mr. BIDEN. I have no objection, I say to the Chair.
The PRESIDING OFFICER (Mr. Brownback). The clerk will report the
amendment.
The legislative clerk read as follows:
The Senator from North Carolina [Mr. Helms], for himself
and Mr. Biden, proposes amendment numbered 399.
Mr. HELMS. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 108, line 8, before the word ``Director'', insert
the words ``Attorney General and the''.
On page 137, line 11, after the word ``the'', insert
``United States Head of Delegation to the''.
On page 137, line 12, strike ``a resolution'' and insert
``resolutions''.
On page 137, line 13, add after ``Nations'' the words ``and
the OSCE''.
On page 77, strike line 24; and
On page 78, strike lines 3-4.
On page 185, strike lines 24 and 25, and on page 186,
strike lines 1-6, and redesignate sections (B) and (C) of
section 2211(8), as (A) and (B), respectively.
On page 23, beginning on line 19, strike ``United'' and all
that follows through ``1997'' on line 20 and insert ``Foreign
Affairs Agencies Consolidation Act of 1997''.
On page 26, line 13, insert ``and'' after the semicolon.
On page 47, line 11, strike ``agency'' and insert
``Agency''.
On page 63, line 23, strike ``Act'' and insert ``title''.
On page 70, line 22, strike ``Act'' and insert ``title''.
On page 71, line 1, strike ``Act'' and insert ``title''.
On page 72, line 5, strike ``Act'' and insert ``title''.
On page 74, line 11, strike ``Act'' and insert ``title''.
On page 77, line 2, strike ``Act'' and insert ``title''.
On page 86, line 6, insert ``OF'' after ``JUDICIAL
REVIEW''.
On page 100, line 5, strike ``(a) Grant Authority.--''.
[[Page S5757]]
On page 102, line 6, insert double quotation marks
immediately before ``(1)''.
On page 102, line 8, insert double quotation marks
immediately before ``(2)''.
On page 102, line 10, insert double quotation marks
immediately before ``(A)''.
On page 102, line 13, insert double quotation marks
immediately before ``(B)''.
On page 102, line 17, insert double quotation marks
immediately before ``(3)''.
On page 113, line 19, strike ``and'' and insert ``or''.
On page 122, line 13, strike ``''.
On page 156, line 18, strike ``United Nations led'' and
insert ``United Nations-led''.
On page 178, line 10, strike ``peacekeeping operation'' and insert
``United Nations peace operation''.
On page 197, line 18, strike ``chapter'' and insert
``title''.
On page 198, line 8, strike ``chapter'' and insert
``title''.
Redesignate sections 1141 through 1151 as sections 1131
through 1141, respectively.
Redesignate sections 1161 through 1166 as sections 1151
through 1156, respectively.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Without objection, the amendment is agreed to.
The amendment (No. 399) was agreed to.
Mr. HELMS. I move to reconsider the vote.
Mr. BIDEN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. HELMS. Mr. President, pursuant to the unanimous consent
previously, the Murkowski amendment was the last that qualified under
the conditions that were set forth at that time. So no further
amendments will be accepted.
Mr. BIDEN addressed the Chair.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. BIDEN. Mr. President, while we are waiting for Senator Murkowski
to have his conversation, I would ask if the Chair will indulge me for
just 2 minutes here.
It is remarkable, quite frankly, that we have made the progress that
we have as rapidly as we have. I want to publicly thank the chairman,
for we both stuck with this compromise notwithstanding there are
individual amendments we would have liked to have voted for. I want the
record to show that the chairman did the same thing.
But there is one issue which I realize we cannot resolve now, and
that is this issue of whether or not we could work out the ability of
the administration to negotiate how to handle the $107 million that is
owed from the U.N. We cannot do that now, I agree.
I just want to suggest to the chairman that although I will not
change anything, that between now and the dance, now and the
conference, we will be working hard with the chairman and his
colleagues to see if we can figure out some solution to that. But I
understand there is no commitment to that at all.
As we move toward final passage, Mr. President, of this bill, I would
like to acknowledge the tremendous work and help that the chairman and
I have received from the staff of the Foreign Relations Committee.
On the chairman's side--he will obviously thank people; and it is
usually the tradition for us to thank our own staff--but I must tell
the chairman that everything he ever advertised about Admiral Nance is
correct, and more. I hope he will forgive me for thanking his staff
first on this, but Admiral Nance and Tom Kleine, who has been sitting
with the chairman the whole time, Patty McNerney and Chris Walker of
his staff have been a pleasure to work with. I guess when staffers come
up to the Hill they wonder whether or not they are going to get to deal
with the principals. I am probably one of the principals they hope they
do not have to deal with. They have seen more of me than their families
over the last 4 months, but I want to thank them for their
consideration.
I would also like to thank the minority staff. Especially I want to
thank my staff director, Ed Hall, who has had--and this is the way it
works here. It is not sufficient here that the Members have a good
relationship. It is also important that the corresponding staffs have a
good relationship. I know that Ed Hall has an inordinately high regard
for Admiral Nance. I know the feeling is mutual. I want to particularly
thank Ed Hall, if you excuse the point of personal privilege here, for
agreeing to stay on. He was the former chairman's and former ranking
member's staff director. And I asked him to stay in that capacity for
me, and he was incredibly useful to me, and, thankfully, he decided to
stay on.
I also want to thank my minority counsel, Brian McKeon. Brian came to
work with me, I might point out, Mr. President, right out of college, I
guess almost 18 years ago. While he was working with me, he went to law
school at night. He was a first-rate student at Georgetown, went off to
the Court, clerked for the Court, was going to practice law, and I
talked him into coming back here. And I just want to thank him. He
handled all of the details of this bill.
I was kidding the other day, if we have an MVP on my side, it is
Puneet Talwar. Puneet was the guy who, along with Tom on your staff,
Mr. Chairman, got stuck with the detailed negotiations on chemical
weapons, on the U.N., on everything else. And on my team, if there is
an MVP, Puneet is going to get it.
Mike Haltzel, a professor, has been invaluable to me on European
matters. Frank Jannuzi, Munro Richardson, and Ed Levine of my staff,
and Diana Ohlbaum, Nancy Stetson, and Janice O'Connell on my
colleagues' staff--that is, Dodd, Kerry and Sarbanes--have been
incredibly helpful to me.
I also want to thank Dawn Ratliff, Kathi Taylor, and John Lis, who is
one of our fellows, and also thank Ursula McManus and Erin Logan, and
our interns who have given up their valuable time.
Let me conclude--and I will do it now while we are waiting so that I
do not take the time of my colleagues. For my colleagues who are
listening, I am not holding up your plans. We cannot move anyway until
the distinguished Senator from Alaska finishes his conversation with
the Secretary of State.
But, Mr. President, the passage today--and I am hoping and expecting
that we will pass the Foreign Relations authorization --represents a
significant bipartisan commitment to the United States' continued
engagement in the world.
First, the basic authorization legislation for the Department of
State, the U.S. Information Agency, the Arms Control Disarmament Agency
and the Peace Corps marks a bipartisan commitment to restore funding
which will enhance our diplomatic readiness abroad.
We all know that funding for foreign policy spending is the lowest it
has been in 20 years. Today's action by the Senate is a heartening
expression of bipartisan support for our diplomats on the front lines
of American engagement abroad.
We have restored full funding for the State Department's core
missions, fully funded the education and cultural exchange programs,
the National Endowment for Democracy, the Peace Corps, and
international broadcasting. We have increased the funding for Radio
Free Asia at a critical time in that region's history. We have done a
great deal.
Second, the Senate has passed landmark legislation that provides a
framework for reorganization of the foreign affairs agency that is
totally consistent with the plan announced by the President of the
United States on April 18. Like the President's plan, this bill
provides for integration of ACDA within the State Department within 1
year, the integration of the USIA within 2 years, and the partial
integration for the Agency for International Development in the State
Department.
Additionally, it maintains the current structure for U.S.-sponsored
international broadcasting but keeps it outside the Department of State
so as to ensure its journalistic independence.
Finally, Mr. President, the Senate enacted a bipartisan comprehensive
package--is about to, I hope--which provides for payment of $819
million in U.S. arrearages to the United Nations. This proposal, Mr.
President, will go a long way toward restoring the fiscal health of the
United Nations while spurring needed reforms for that world body.
Equally important, this agreement, a bipartisan plan supported by the
administration, will allow us to get a very difficult and contentious
issue behind us so we can move forward on the important issues on the
foreign policy
[[Page S5758]]
agenda. Ideally, we should not have attached the conditions, but I am a
pragmatist and I recognize, as does the administration, that there will
be no approval of U.N. arrearages in Congress absent some conditions,
and the conditions which the chairman has asked for are reasonable.
So we had a choice. We can continue to press unconditional payment
for arrearages and let this issue fester for another Congress or agree
to a reasonable set of conditions that permits us to pay our debts. I
believe the action the Senate is about to take will be a correct
decision, one in the best interests of the United States. It has been a
long time and it is time to end the long-festering feud between the
United Nations and Washington and our unpaid back dues, and it is time
to bring up needed reform to that world body so it can more efficiently
perform its missions. It is time to move forward together to restore
the bipartisan commitment to the United States which has been part of
that Nation's proud heritage for 50 years.
Mr. President, the people in my State--small, I acknowledge--are used
to bipartisanship. Senator Roth and I are close political allies and
friends. Our lone Congressman Mike Castle, who is a Republican, our
Democratic Governor, we are all used to getting things done in a
bipartisan way in my State. I have always felt if that tradition could
be carried back to the Senate, it would better serve our Nation.
I want to say I did not doubt it, but I am sure a number of neutral
observers would have doubted it, the Secretary of State is not only a
friend of the chairman, so am I. The idea that Joe Biden, a Democratic
Senator from Delaware, and Jesse Helms, a Republican Senator from North
Carolina, could operate in this way does not surprise either of us, but
I am sure it surprises the living devil out of an awful lot of other
people.
I am reminded of something that was said to me once by Jim Eastland.
It is a true story. I was in a difficult campaign fight in the late
1980's, and I saw Chairman Eastland. I was flunking, you might say,
what I call the slope-of-the-shoulder test. When you ask a candidate
how they are doing in a race and they go, ``Oh, I am doing fine,'' you
know they are not doing very well. I guess I had that look like I'm
losing. The Chairman pulled me aside and said, ``Joe, what could Jim
Eastland do for you in Delaware?'' I said, ``Mr. Chairman, in some
places you would help and some you would hurt.'' He said, ``I will make
a commitment. I will campaign for you or against you, whichever will
help the most.''
I realize my saying nice things about the chairman may not help him,
but I mean it sincerely when I say that he has been an absolute
gentleman. He has kept his commitment, which I never doubted he would,
and this is evidence of the fact that if reasonable men are willing to
sit down and talk--we had a real sit-down meeting, when I took over
this committee for the Democrats, with the chairman of the full
committee, and we agreed on the broad outlines of each of our agendas.
The most important one was to make the committee work and make foreign
policy function and be a positive force. He has kept every one of those
commitments. He has won some and lost some. I have won some and lost
some. But I think the Nation is better served for it.
I conclude, Mr. President, with this last comment. If Senator Helms
and I had come to the floor in January and said to this body, ``By the
way, by midsummer we will present to you a bipartisan plan on the floor
of the five most contentious issues to face the U.S. Senate in foreign
policy,'' I think you would have thought that it was time for both of
us to leave because we might have been certifiable. We knew we could do
that, and with the great help of the staff that I have mentioned, we
have been able to do that, and with the cooperation and assistance of
the administration.
So I want to thank the President for committing his administration to
deal forthrightly and in detail with us, and I want to thank the
chairman and his staff for accommodating an arrangement by which we
hammered these things out. We produced a significant package here.
Neither one of us are naive enough to suggest we know what will happen,
if and when it passes here, with any degree of certainty, but we each
kept our commitment to one another. I think the body, based on the
votes we have seen today, I hope it reflects the feeling on the part of
our colleagues that we have, that a bipartisan foreign policy is in the
best interests of the United States.
I again thank the chairman, and I yield the floor. I will not say any
more at the end of the process after Senator Murkowski comes out.
Mr. HELMS. I thank the distinguished ranking member of the committee,
and I look forward to working with him. He is a good guy.
Amendments Nos. 400 through 411
Mr. HELMS. Mr. President, I send to the desk a series of amendments
which have been agreed to on both sides of the aisle. These include two
amendments from Senator Murkowski regarding United States-Japan
relations, an amendment offered by Senator Graham of Florida regarding
international aviation safety, an amendment offered by Senator Abraham
regarding the U.S. policy toward China, an amendment offered by Senator
Feinstein regarding rule of law in China, an amendment by Senator
D'Amato regarding the Middle East, an amendment offered by Senator
Hollings regarding embassy construction, an amendment by Senator
Feingold regarding broadcasting, an amendment offered by Senator Grams
regarding victims of torture, an amendment by Senator McCain regarding
Vietnamese refugees, and an amendment by Senator Coverdell regarding
narcotics.
The PRESIDING OFFICER. The clerk will report the amendments.
The legislative clerk read as follows:
The Senator from North Carolina [Mr. Helms] proposes
amendments No. 400 through No. 411, en bloc.
The PRESIDING OFFICER. Without objection, the amendments are agreed
to.
The amendments (Nos. 400 through 411) were agreed to, en bloc, as
follows:
amendment no. 400
(Purpose: Relating to the Japan-United States Friendship Commission)
After appropriate place in the bill, insert the following:
SEC. . JAPAN-UNITED STATES FRIENDSHIP COMMISSION.
(a) Relief From Restriction of Interchange-ability of
Funds.--
(1) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except''
and all that follows through ``United States'' and inserting
``needed''.
(2) The second sentence of section 7(b) of the Japan-United
States Friendship Act (22 U.S.C. 2906(b)) is amended to read
as follows: ``Such investment may be made only in interest-
bearing obligations of the United States, in obligations
guaranteed as to both principal and interest by the United
States, in interest-bearing obligations of Japan, or in
obligations guaranteed as to both principal and interest by
Japan.''.
(b) Revision of Name of Commission.--
(1) The Japan-United States Friendship Commission is hereby
designated as the ``United States-Japan Commission''. Any
reference in any provision of law, Executive order,
regulation, delegation of authority, or other document to the
Japan-United States Friendship Commission shall be deemed to
be a reference to the United States-Japan Commission.
(2) The Japan-United States Friendship Act (22 U.S.C. 2901
et seq.) is amended by striking ``Japan-United States
Friendship Commission'' each place it appears and inserting
``United States-Japan Commission''.
(3) The heading of section 4 of the Japan-United States
Friendship Act (22 U.S.C. 2903) is amended to read as
follows:
``united states-japan commission''
(c) Revision of Name of Trust Fund.--
(1) The Japan-United States Friendship Trust Fund is hereby
designated as the ``United States-Japan Trust Fund''. Any
reference in any provision of law, Executive order,
regulation, delegation of authority, or other document to the
Japan-United States Friendship Trust Fund shall be deemed to
be a reference to the United States-Japan Trust Fund.
(2)(A) Subsection (a) of section 3 of the Japan-United
States Friendship Act (22 U.S.C. 2902) is amended by striking
``Japan-United States Friendship Trust Fund'' and inserting
``United States-Japan Trust Fund''.
(B) The section heading of that section is amended to read
as follows:
``united states-japan trust fund''
____
amendment no. 401
(Purpose: To state the sense of the Senate on the use of funds in the
Japan-United States Friendship Trust Fund)
On page 118, between lines 16 and 17, insert the following:
SEC. 1215. SENSE OF THE SENATE ON USE OF FUNDS IN JAPAN-
UNITED STATES FRIENDSHIP TRUST FUND.
(a) Findings.--The Senate makes the following findings:
[[Page S5759]]
(1) The funds used to create the Japan-United States
Friendship Trust Fund established under section 3 of the
Japan-United States Friendship Act (22 U.S.C. 2902)
originated from payments by the Government of Japan to the
Government of the United States.
(2) Among other things, amounts in the Fund were intended
to be used for cultural and educational exchanges and
scholarly research.
(3) The Japan-United States Friendship Commission was
created to manage the Fund and to fulfill a mandate agreed
upon by the Government of Japan and the Government of the
United States.
(4) The statute establishing the Commission includes
provisions which make the availability of funds in the Fund
contingent upon appropriations of such funds.
(5) These provisions impair the operations of the
Commission and hinder it from fulfilling its mandate in a
satisfactory manner.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Japan-United States Friendship Commission shall be
able to use amounts in the Japan-United States Friendship
Trust Fund in pursuit of the original mandate of the
Commission; and
(2) the Office of Management and Budget should--
(A) review the statute establishing the Commission; and
(B) submit to Congress a report on whether or not
modifications to the statute are required in order to permit
the Commission to pursue fully its original mandate and to
use amounts in the Fund as contemplated at the time of the
establishment of the Fund.
____
Amendment No. 402
(Purpose: To express the sense of Congress that aviation safety be
placed on the agenda for the Summit of the Americas to be held in
Santiago, Chile, in March 1998)
At the appropriate place, insert the following:
SEC. . AVIATION SAFETY.
It is the sense of Congress that the need for cooperative
efforts in transportation and aviation safety be placed on
the agenda for the Summit of the Americas to be held in
Santiago, Chile, in March 1998. Since April 1996, when
ministers and transportation officials from 23 countries in
the Western Hemisphere met in Santiago, Chile, in order to
develop the Hemispheric Transportation Initiative, aviation
safety and transportation standardization has become an
increasingly important issue. The adoption of comprehensive
Hemisphere-wide measures to enhance transportation safety,
including standards for equipment, infrastructure, and
operations as well as harmonization of regulations relating
to equipment, operations, and transportation safety are
imperative. This initiative will increase the efficiency and
safety of the current system and consequently facilitate
trade.
____
amendment no. 403
(Purpose: Expressing the sense of the Senate regarding United States
policy toward the People's Republic of China, and for other purposes)
At the end of title XVI of division B, add the following:
SEC. . SENSE OF THE SENATE ON UNITED STATES POLICY TOWARD
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--Congress makes the followings findings:
(1) As the world's leading democracy, the United States
cannot ignore the Government of the People's Republic of
China's record on human rights and religious persecution.
(2) According to Amnesty International, ``A fifth of the
world's people are ruled by a government that treats
fundamental human rights with contempt. Human rights
violations continue on a massive scale.''.
(3) According to Human Rights Watch/Asia reported that:
``Unofficial Christian and Catholic communities were targeted
by the government during 1996. A renewed campaign aimed at
forcing all churches to register or face dissolution,
resulted in beating and harassment of congregants, closure of
churches, and numerous arrests, fines, and sentences. In
Shanghai, for example, more than 300 house churches or
meeting points were closed down by the security authorities
in April alone.''.
(4) The People's Republic of China's compulsory family
planning policies include forced abortions.
(5) China's attempts to intimidate Taiwan and the
activities of its military, the People's Liberation Army,
both in the United States and abroad, are of major concern.
(6) The Chinese government has threatened international
stability through its weapons sales to regimes, including
Iran and Iraq, that sponsor terrorism and pose a direct
threat to American military personnel and interests.
(7) The efforts of two Chinese companies, the China North
Industries Group (NORINCO) and the China Poly Group (POLY),
deserve special rebuke for their involvement in the sale of
AK-47 machine guns to California street gangs.
(8) Allegations of the Chinese government's involvement in
our political system may involve both civil and criminal
violations of our laws.
(9) The Senate is concerned that China may violate the 1984
Sino-British Joint Declaration transferring Hong Kong from
British to Chinese rule by limiting political and economic
freedom in Hong Kong.
(10) The Senate strongly believes time has come to take
steps that would signal to Chinese leaders that religious
persecution, human rights abuses, forced abortions, military
threats and weapons proliferation, and attempts to influence
American elections are unacceptable to the American people.
(11) The United States should signal its disapproval of
Chinese government actions through targeted sanctions, while
at the same time encouraging worthwhile economic and cultural
exchanges that can lead to positive change in China.
(b) Sense of the Senate.--It is the sense of the Senate
that the United States should--
(1) limit the granting of United States visas to Chinese
government offices who work in entities the implementation of
China's laws and directives on religious practices and
coercive family planning, and those officials materially
involved in the massacre of Chinese students in Tiananmen
square;
(2) limit United States taxpayer subsidies for the Chinese
government through multilateral development institutions such
as the World Bank, Asian Development Bank, and the
International Monetary Fund;
(3) publish a list of all companies owned in part or wholly
by the People's Liberation Army (PLA) of the Chinese
government who export to, or have an office in, the United
States;
(4) consider imposing targeted sanctions on NORINCO and
POLY by not allowing them to export to, nor to maintain a
physical presence in, the United States for a period of one
year; and
(5) promote democratic values in China by increasing United
States Government funding of Radio Free Asia, the National
Endowment for Democracy's programs in China and existing
student, cultural, and legislative exchange programs between
the United States and the People's Republic of China.
Mr. ABRAHAM. Mr. President, I want to thank Senator Helms for
accepting my Sense of the Senate amendment. This amendment expresses
the sense of the Senate that Congress should impose certain, targeted
sanctions against officials and companies working for the Government of
the People's Republic of China. The purpose is to express the
indignation of our country at the abuses of human rights going on now
in that country, as well as recent attempts by entities controlled in
whole or in part by the Chinese Government to violate American laws and
influence American policy.
Mr. President, everyone knows that the Chinese Government is
violating basic human rights and international norms of behavior. The
question is, what should the United States do about it? Until now the
debate has focused almost exclusively on whether we should extend or
revoke China's Most Favored Nation trading status [MFN]. It is time, in
my view, to move the discussion out of the MFN ``box'' and find common
means to achieve common American goals.
Revoking MFN would punish Americans with higher prices without
significantly affecting the Chinese Government. And it would punish
innocent Chinese citizens by withdrawing economic opportunities
provided by U.S. trade and investment. Even in the short term, in my
view, we should not underestimate trade and investment's positive
impact. Already, writes China expert Stephen J. Yates of the Heritage
Foundation, Chinese ``employees at U.S. firms earn higher wages and are
free to choose where to live, what to eat, and how to educate and care
for their children.''
Regardless of their views on MFN, Americans should be able to agree
on measures pressuring the Chinese Government to stop its current
policies while encouraging greater openness in that country.
The list of objectionable Chinese Government practices is long. It
includes religious persecution, abuses against minorities, forced
abortion, military threats and weapons proliferation, and attempts to
improperly influence American elections.
Mr. President, to pressure China's Government to stop these policies
without punishing average citizens, I have introduced S. 810, ``The
China Sanctions and Human Rights Advancement Act.'' This bill would
implement the findings of the current Sense of the Senate Resolution.
Let me discuss the provisions of this bill. Under S. 810, the United
States Government would refuse visas to human rights violators,
including high ranking Chinese officials implementing and enforcing
directives on religious practices. The same would go for those involved
in the massacre of students in Tianenman
[[Page S5760]]
Square. To allow a proscribed individual into the United States, the
President would have to send Congress written notification explaining
why this would be in America's national interest and override United
States concerns about China's human rights practices.
The bill also would require United States representatives to vote
``no'' on all loans to China at the World Bank, Asian Development Bank,
and International Monetary Fund. An exception would be made for
humanitarian relief in the event of natural disaster.
In addition, for every dollar a multilateral development bank or
international family planning organization gives to China, S. 810 would
subtract out a dollar in American taxpayer funding to those bodies.
Simply put, instead of raising taxes on Americans, we should stop
taxpayer subsidies to the Chinese Government. If China continues its
current behavior, it can fund development programs by reducing
expenditures on its military and State enterprises.
The legislation also targets Chinese companies engaged in improper
conduct. The Clinton administration already has imposed sanctions on
two companies found to have sold chemical weapons components to Iran.
Top executives from two other Chinese companies--Polytechnologies
Incorporated [POLY], and China North Industries Group [NORINCO]--have
been indicted for attempting to sell automatic weapons to California
street gangs. This bill would ban POLY and NORINCO from exporting to or
being physically present in the United States for 1 year.
Even as we implement these tough measures, we should maintain
valuable interchange with China. That is why the legislation doubles
funding for United States-China exchange programs, Radio Free Asia, and
programs in China operated through the National Endowment for
Democracy.
Finally, the legislation requires the President to file an annual
report on whether China has improved its human rights record, including
its behavior during the transition to Chinese control in Hong Kong. The
sanctions sunset after 1 year, allowing Congress to evaluate the
situation and determine whether and in what form sanctions should
continue.
Mr. President, the United States must stay engaged with China, and
trade and investment provide a valuable avenue for that engagement. But
signaling our disapproval and refusing to subsidize oppressive policies
need not interfere with expanding basic interaction between the
American and Chinese people.
America can stand with the Chinese people, and stand by the
principles of political, religious, and economic liberty on which our
Nation was founded. Let's not punish American and Chinese families by
raising tariffs. Instead, let's punish specific abuses and encourage
further development of the economic and political liberties we cherish.
amendment no. 404
(Purpose: To express the Sense of the Senate encouraging programs by
the National Endowment For Democracy regarding the rule of law in
China)
At the appropriate place insert the following:
(a) Findings.--
(1) The establishment of the rule of law is a necessary
prerequisite for the success of democratic governance and the
respect for human rights.
(2) In recent years efforts by the United States and United
States-based organizations, including the National Endowment
for Democracy, have been integral to legal training and the
promotion of the rule of law in China drawing upon both
western and Chinese experience and tradition.
(3) The National Endowment for Democracy has already begun
to work on these issues, including funding a project to
enable independent scholars in China to conduct research on
constitutional reform issues and the Hong Kong-China Law
Database Network.
(b) Sense of the Senate.--It is the Sense of the Senate to
encourage the National Endowment for Democracy to expand its
activities in China and Hong Kong on projects which encourage
the rule of law, including the study and dissemination of
information on comparative constitutions, federalism, civil
codes of law, civil and penal code reform, legal education,
freedom of the press, and contracts.
____
amendment no. 405
(Purpose: Concerning the Palestinian Authority)
At the appropriate place insert the following:
SEC. . CONCERNING THE PALESTINIAN AUTHORITY.
(a) Congress finds that--
(1) The Palestinian Authority Justice Minister Freih Abu
Medein announced in April 1997, that anyone selling land to
Jews was committing a crime punishable by death;
(2) Since this announcement, three Palestinians were
allegedly murdered in the Jerusalem and Ramallah areas for,
selling real estate to Jews;
(3) Israeli police managed to foil the attempted abduction
of a fourth person;
(4) Israeli security services have acquired evidence
indicating that the intelligence services of the Palestinian
Authority were directly involved in at least two of these
murders;
(5) Subsequent statements by high-ranking Palestinian
Authority officials have justified these murders further
encouraging this intolerable policy;
(b) It is the Sense of the Congress that--
(1) The Secretary of State should thoroughly investigate
the Palestinian Authority's role in any killings connected
with this policy and should immediately report its findings
to the Congress;
(2) The Palestinian Authority, with Yasser Arafat as its
chairman, must immediately issue a public and unequivocal
statement denouncing these acts and reversing this policy;
(3) This policy is an affront to all those who place high
value on peace and basic human rights; and
(4) The United States should rehear the provision of
assistance to the Palestinian Authority in light of this
policy.
____
AMENDMENT NO. 406
At the appropriate place in the bill, insert the following:
Sec. . Of the amounts authorized to be appropriated
pursuant to section 1101 in this Act, up to $90,000,000 are
authorized to be appropriated for the renovation, acquisition
and construction of housing and secure diplomatic facilities
at the United States Embassy Beijing and the United States
Consulate in Shanghai, People's Republic of China.
Mr. HOLLINGS. Mr. President, I want to thank Chairman Helms and
Senator Biden for accepting this amendment regarding facilities to
support our men and women serving in the United States' Diplomatic
Service in the People's Republic of China.
Our United States diplomatic facilities in China are in poor shape.
The housing is in disrepair and for our chancery we occupy a building
that formerly was used as the Pakistani Embassy. We spend years
training our diplomatic personnel to be China hands who speak Chinese
fluently. They are the best and the brightest in our foreign service.
And, then we send them and their families to live and work in
substandard facilities. It sends the wrong message.
Mr. President, it hurts morale and retention. With the fall of the
wall, these Americans are our front-line--our State Department economic
officers, our commerce Department commercial officers, our consular
officers who help Americans in distress overseas, our Customs Service
employees who enforce our trade laws, and other agency personnel.
Regardless of what your position is with China, on human rights or
trade, the fact remains that the United States and China have and will
have one of the most important bilateral relationships in the world.
The People's Republic of China is our fifth largest trading partner and
the Chinese economy is growing at over 10 percent per partner and the
Chinese economy is growing at over 10 percent per year. They are
becoming the preeminent geo-political power in Asia.
I have raised this issue with former Secretary Christopher and
Secretary of State Albright. I have discussed it with Ambassador
Sasser. They all agree that something must be done to invest in our
facilities to support our people who are serving in China. This
amendment provides that from within the total amounts authorized in
this bill, up to $90 million is provided for renovation, acquisition,
and construction of housing and secure diplomatic facilities at the
United States Embassy in Beijing and the consulate in Shanghai. It does
so without adding additional funds. It requires the Appropriations
committee, on which I serve as ranking member on the Commerce, Justice
and State Subcommittee, to actually scrub the budget and find the money
and address this issue.
Mr. President, this amendment is the right thing to do. It is
cosponsored by Senator Murray from Washington who has been to Beijing
recently and who has seen firsthand the need for modernization of
facilities.
[[Page S5761]]
Again, I thank Chairman Helms and Senator Biden for their support.
Amendment No. 407
(Purpose: To provide for an independent Inspector General for the
Broadcasting Board of Governors)
On page 20, beginning on line 4, strike all through page
24, line 8, and insert the following:
(1) in paragraph (1), by striking ``the United States
Information Agency'' and inserting ``the Broadcasting Board
of Governors''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,'' and inserting ``the Broadcasting Board
of Governors,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking the following:
``Inspector General, United States Information Agency.'';
and
(2) by inserting the following:
``Inspector General, Broadcasting Board of Governors.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and
(j) of section 308 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are
amended--
(1) by striking ``Inspector General of the United States
Information Agency'' each place it appears and inserting
``Inspector General of the Broadcasting Board of Governors'';
and
(2) by striking ``the Director of the United States
Information Agency,''.
(e) Transfer of Functions.--
(1) In general.--Except as provided in paragraph (2), there
are transferred to the Office of the Inspector General of the
Department of State and the Foreign Service the functions
that the Office of Inspector General of the United States
Information Agency exercised before the effective date of
this title (including all related functions of the Inspector
General of the United States Information Agency).
(2) Transfer to inspector general of broadcasting board of
governors.--There are transferred to the Inspector General of
the Broadcasting Board of Governors the functions (including
related functions) that the Office of Inspector General of
the United States Information Agency exercised with respect
to the International Broadcasting Bureau, Voice of America,
WORLDNET TV and Film Service, the office of Cuba
Broadcasting, and RFE/RL, Incorporated, before the effective
date of this title.
(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.
SEC. 315. INTERIM TRANSFER OF FUNCTIONS.
(a) Interim Transfer.--Except as otherwise provided in this
division, there are transferred to the Secretary of State the
following functions of the United States Information Agency
exercised as of the day before the effective date of this
section:
(1) The functions exercised by the Office of Public Liaison
of the Agency.
(2) The functions exercised by the Office of Congressional
and Intergovernmental Affairs of the Agency.
(b) Effective Date.--This section shall take effect on the
earlier of--
(1) October 1, 1998, or
(2) the date of the proposed transfer of functions
described in this section pursuant to the reorganization plan
described in section 601.
CHAPTER 3--INTERNATIONAL BROADCASTING
SEC. 321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Congress finds that--
(1) it is the policy of the United States to promote the
right of freedom of opinion and expression, including the
freedom ``to seek, receive, and impart information and ideas
through any media and regardless of frontiers,'' in
accordance with Article 19 of the Universal Declaration of
Human Rights;
(2) open communication of information and ideas among the
peoples of the world contributes to international peace and
stability and the promotion of such communication is in the
interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the
requirements of this chapter and the United States
International Broadcasting Act of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of the United States foreign policy.
SEC. 322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF
GOVERNORS.
Section 304(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to
read as follows:
``(a) Continued Existence Within Executive Branch.--
``(1) In general.--The Broadcasting Board of Governors
shall continue to exist within the Executive branch of
Government as an entity described in section 104 of title 5,
United States Code.
``(2) Retention of Existing Board Members.--The members of
the Broadcasting Board of Governors appointed by the
President pursuant to subsection (b)(1)(A) before the
effective date of the Foreign Affairs Agencies Consolidation
Act of 1997 and holding office as of that date shall serve
the remainder of their terms of office without
reappointments.
(3) Establishment of Inspector General of Broadcasting
Board of Governors.--There shall be established an Inspector
General of the Broadcasting Board of Governors.
``(4) Inspector general authorities.--The Inspector General
of the Broadcasting Board of Governors shall exercise the
same authorities with respect to the Broadcasting Board of
Governors as the Inspector General of the Department of State
and the Foreign Service exercises under section 209 of the
Foreign Service Act of 1980 with respect to the Department of
State. The Inspector General of the Broadcasting Board of
Governors, in carrying out the functions of the Inspector
General, shall respect the professional independence and
integrity of all the broadcasters covered by this title.''.
Mr. FEINGOLD. Mr. President, this amendment would establish an
independent inspector general for the new agency. Under the committee-
reported legislation, the State Department's IG would assume
responsibility for the new agency.
An independent IG was designated for the Board for International
Broadcasting in the 1988 inspector general legislation. When we
consolidated BIB into USIA in the 1994 broadcasting legislation, those
functions were assumed by the USIA Inspector General. More recently,
the USIA inspector general's office was merged with the State
Department inspector general.
Because of the problems that had plagued the BIB and the role that
the then-BIB inspector general's office had played in bringing those
problems to public attention through a series of well-documented
reviews, I authored provisions in the 1994 legislation that required
continuous on-site monitoring by the inspector general of the
activities of RFE/RL.
Frankly, Mr. President, I have been disappointed at the level of
attention and quality of work that has been provided by the State
Department IG since that office assumed responsibilities for the
broadcasting programs. History has demonstrated, over and over, that
these programs have been fertile grounds for fiscal abuses and
mismanagement. Between 1988 and 1994, the independent IG assigned
solely to the BIB produced detailed reports to Congress every 6 months
on the problem areas, in addition to a series of special reports that
helped identify the abuses in the areas of excessive salaries, deferred
compensation, housing allowances, travel improprieties, and other
problem areas within BIB.
If we are going down the path of recreating the BIB structure, then I
think it is very important that we recreate the watchdog entity that
helped bring to light what fiscal abuses were rampant in these programs
under the independent agency structure.
I am very concerned that the IG's office in the State Department may
have little incentive to provide the broadcasting programs the kinds of
scrutiny that is warranted, given the history of abuse.
Therefore, the amendment that I am offering will reestablish the
independent IG's office within the new agency in the same manner that
its predecessor, BIB, had an independent IG.
I appreciate the willingness of the managers to accept this
amendment.
amendment no. 408
(Purpose: To assist victims of torture by providing funding for the
United Nations Voluntary Fund for Victims of Torture)
At the end of section 2101(a) of the bill, insert the
following: ``Of the funds made available under this
subsection $3,000,000 for the fiscal year 1998 and $3,000,000
for the fiscal year 1999 are authorized to be appropriated
only for a United States contribution to the United Nations
Voluntary Fund for Victims of Torture.''.
____
amendment no. 409
(Purpose: To clarify that unmarried adult children of Vietnamese
reeducation camp internees are eligible for refugee status under the
Orderly Departure Program)
At the appropriate place, insert the following new section:
SEC. . ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (Public Law
104-208; 110 Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for purposes'';
and
(B) by striking ``fiscal year 1997'' and inserting ``fiscal
years 1997 and 1998''; and
[[Page S5762]]
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.--An alien described in this subsection is
an alien who--
``(A) is the son or daughter of a qualified national;
``(B) is 21 years of age of older; and
``(C) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
``(2) Qualified national.--For purposes of paragraph (1),
the term `qualified national' means a national of Vietnam
who--
``(A)(i) was formerly interned in a reeducation camp in
Vietnam by the Government of the Socialist Republic of
Vietnam; or
``(ii) is the widow or widower of an individual described
in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
``(ii) on or after April 1, 1995, is accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the Orderly
Departure Program.''.
Mr. McCAIN. Mr. President, this amendment is basically a technical
correction to language that I had included in the Fiscal Year 1997
Omnibus Consolidated Appropriations Act. That language, and the
amendment I offer today, are designed to make humanitarian exceptions
for the unmarried adult children of former re-education camp detainees
seeking to emigrate to the United States under the Orderly Departure
Program. Despite what I considered to have been pretty unambiguous
legislation in both word and intent, the Immigration and Naturalization
Service and Department of State interpreted my amendment to the 1997
bill so as to exclude the very people to whom the provision was
targeted.
Prior to April 1995, the adult married children of former Vietnamese
re-education camp prisoners were granted derivative refugee status and
were permitted to accompany their parents to the United States under a
sub-program of the Orderly Departure Program [ODP].
This policy changed in April 1995. My amendment to FY1997 Foreign
Operations Appropriations Bill, which comprises part of the Omnibus
Appropriations Act, was intended to restore the status quo ante
regarding the adult unmarried children of former prisoners. My comments
in the Congressional Record from July 25, 1996 clearly spelled this
out.
Unfortunately, certain categories of children who, prior to April
1995 had received derivative refugee status and whom Congress intended
to be covered by last year's amendment, are now considered ineligible
to benefit from that legislation.
To ask these widows to come to the United States without their
children is equal to denying them entry under the program. Many of
these women are elderly and in poor health, and the presence of their
children is essential to providing the semblance of a family unit with
the care that includes.
The second problem stemming from INS and the State Department's
interpretation of the 1997 language involves the roughly 20 percent of
former Vietnamese re-education camp prisoners resettled in the United
States who were processed as immigrants, at the convenience of the
United States Government.
Their unmarried adult children, prior to April 1995, were still given
derivative refugee status, however, the position of INS and State is
that these children are now ineligible because the language in the FY
1997 bill included the phrase ``processed as refugees for resettlement
in the United States.''
That phrase was intended to identify the children of former prisoners
being brought to the United States under the subprogram of the ODP and
eligible to be processed as a refugee--which all clearly were--as
distinct from the children of former prisoners who were not being
processed for resettlement in the United States.
The fact that a former prisoner, eligible to be processed as a
refugee under the ODP subprogram, was processed as an immigrant had no
effect prior to April 1995, and their children were granted refugee
status. The intention of last year's legislation was to restore the
status quo ante, including for the unmarried adult children of former
prisoners eligible for and included in this subprogram but resettled as
immigrants.
amendment no. 410
(Purpose: To facilitate the counterdrug and anti-crime activities of
the Department of State)
On page 89, between lines 9 and 10, insert the following:
SEC. 1128. COUNTERDRUG AND ANTI-CRIME ACTIVITIES OF THE
DEPARTMENT OF STATE.
(a) Counterdrug and Law Enforcement Strategy.--
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall
establish, implement, and submit to Congress a comprehensive,
long-term strategy to carry out the counterdrug
responsibilities of the Department of State in a manner
consistent with the National Drug Control Strategy. The
strategy shall involve all elements of the Department in the
United States and abroad.
(2) Objectives.--In establishing the strategy, the
Secretary shall--
(A) coordinate with the Office of National Drug Control
Policy in the development of clear, specific, and measurable
counterdrug objectives for the Department that support the
goals and objectives of the National Drug Control Strategy;
(B) develop specific, and to the maximum extent
practicable, quantifiable measures of performance relating to
the objectives, including annual and long-term measures of
performance, for purposes of assessing the success of the
Department in meeting the objectives;
(C) assign responsibilities for meeting the objectives to
appropriate elements of the Department;
(D) develop an operational structure within the Department
that minimizes impediments to meeting the objectives;
(E) ensure that every United States ambassador or chief of
mission is fully briefed on the strategy and works to achieve
the objectives; and
(F) ensure that all budgetary requests and transfers of
equipment (including the financing of foreign military sales
and the transfer of excess defense articles) relating to
international counterdrug efforts conforms to meet the
objectives.
(3) Reports.--Not later than February 15 each year, the
Secretary shall submit to Congress an update of the strategy
submitted under paragraph (1). The update shall include an
outline of the proposed activities with respect to the
strategy during the succeeding year, including the manner in
which such activities will meet the objectives set forth in
paragraph (2).
(4) Limitation on delegation.--The Secretary shall
designate an official in the Department who reports directly
to the Secretary to oversee the implementation of the
strategy throughout the Department.
(b) Information on International Criminals.--
(1) Information system.--The Secretary shall, in
consultation with the heads of appropriate United States law
enforcement agencies, including the Attorney General and the
Secretary of the Treasury take appropriate actions to
establish an information system or improve existing
information system containing comprehensive information on
serious crimes committed by foreign nationals. The
information system shall be available to United States
embassies and missions abroad for use in consideration of
applications for visas for entry into the United States.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report on the actions taken under paragraph
(1)
(c) Overseas Coordination of Counterdrug and Anti-Crime
Programs, Policy, and Assistance.--
(1) Strengthening coordination.--The responsibilities of
every foreign mission of the United States shall include the
strengthening of cooperation between and among the United
States and foreign governmental entities and multilateral
entities with respect to activities relating to international
narcotics and crime.
(2) Designation of officers.--
(A) In general.--The chief of mission of every foreign
mission shall designate an officer or officers within the
mission to carry out the responsibility of the mission under
paragraph (1), including the coordination of counterdrug
programs, policy, and assistance and law enforcement
programs, policy, and assistance. Such officer or officers
shall report to the chief of mission, or the designee of the
chief of mission, on a regular basis regarding activities
undertaken in carrying out such responsibility.
(B) Reports.--The chief of mission of every foreign mission
shall submit to the Secretary on a regular basis a report on
the actions undertaken by the mission to carry out such
responsibility.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report on the status of any proposals for
action or on action undertaken to improve staffing and
personnel management at foreign missions in order to carry
out the responsibility set forth in paragraph (1).
Mr. COVERDELL. Mr. President, as the cold war fades into memory, our
foreign affairs establishment must aggressively target and confront the
new
[[Page S5763]]
threats facing America. The crime and violence sown by international
narcotics mafias requires a new thinking and focus. While diplomatic
efforts for most of our Nation's history have focused on checking
unfriendly governments, the challenge of narcotics trafficking and
organized crime forces us to grapple with a more shadowy and elusive
adversary. These cartels are not confined by borders and operate
outside of the bright scrutiny of international affairs. They respect
no nation's laws or ethics, outmaneuver government bureaucracies with a
ruthless efficiency and have financial resources which dwarf many
national budgets. In the face of this great menace, our State
Department cannot hope to make progress without a forward looking
strategy, clearly defined goals, and the ability to learn from
experience and agilely adapt to match this constantly changing threat.
Far too often our diplomatic structures have not adopted to address
these new, transnational problems and remained locked in a bilateral
mind set. The State Department's strong efforts in an individual
country can be easily foiled as these elusive mafias shift operations
across borders. In order to effect a new transnational mind set and
give the threats of narcotics and international crime the focus they
demand, direction must come from the highest levels of the State
Department. The various bureaus and country teams under the State
Department must operate under coordinated plan with specific goals
which they are held responsible for achieving. Like the adversaries
which it must confront, our diplomatic effort must learn from its
mistakes and recalibrate its strategies to adjust to new situations.
Mr. President, the Coverdell-Kerry amendment seeks to do just that.
This amendment does not seek to dictate the policy of the State
Department or expand its role in counterdrug matters. It merely
requires that the State Department formulate its own plan of action in
coordination with the dictate of the President's National Drug Control
Strategy. If, as some have claimed, the State Department is already
following a clear strategy, this amendment will ensure that its goals
and objectives are clear to the Congress which is responsible for its
oversight and funding. In any event, it is crucial that we defend
America's children and our national interest in the most effective
manner possible. As we work to regain ground in our international
struggle against drug trafficking, it is our responsibility to ensure
that our resources are focused on strategic objectives and are
specifically targeted to have an impact in the war on drugs.
This amendment also calls on the State Department to work with
Federal law enforcement agencies to further shield Americans from
international criminals. Currently the failure of our Federal agencies
to coordinate has allowed terrorists and other violent criminals to
slip into our Nation. The establishment of the new information sharing
system called for in this amendment will help ensure that our State
Department has the information necessary to keep violent international
criminals off America's streets.
The reforms called for in the Coverdell-Kerry amendment are just
first steps in what must be a thorough rethinking of how our national
policies should be adapted to protect Americans from these new threats.
I look forward to working with Senator Kerry and others as we approach
the difficult task of preparing our Nation to meet these important
challenges.
Mr. KERRY. Mr. President, I am pleased to cosponsor the amendment by
the Senator from Georgia and I congratulate him for leading this effort
to get the State Department to better focus its counternarcotics
resources.
For too long our fight against drugs has suffered from a lack of
quantifiable goals by which to measure progress. Year after year we
spend hundreds of millions of dollars on our international drug control
programs without a clear idea of how these programs fit into the
overall counterdrug effort and with no way to determine whether these
programs are having the desired effect.
This amendment will require the State Department to come up with a
plan for implementing its portion of the President's national strategy
and to establish specific goals that will allow us to know how well we
are doing. This is a very simple concept that anyone who has been in
private business understands. You devise a strategy and then you set
goals and objectives that will let you know that you are on target in
implementing that strategy. That is what we want the State Department
to do.
I want to emphasize that the amendment requires the Secretary of
State to submit to Congress a long-term strategy that is consistent
with the national drug control strategy. This is not an attempt to
undermine the President's Office of National Drug Control Policy
[ONDCP] and its role in devising the national drug control strategy.
General McCafferey has done a good job at defining the national
strategy and setting broad national objectives. I know that he is
working to develop a comprehensive performance measurement system that
would give us a better sense of how well programs are working. This
amendment supports that effort.
We want the State Department to follow the lead of the drug czar's
office and to develop a long-term plan that supports the national
strategy. Likewise we want to see quantifiable measures of performance
that conform to whatever comprehensive measurement system that ONDCP
develops.
The second part of this amendment is also straight forward. For
several years the State Department has used a database to identify
narcotics traffickers and deny them visas. This amendment expands that
effort to include other international crime figures.
Finally, the amendment seeks to strengthen the coordination of U.S.
crime fighting efforts by designating an officer in every U.S. Embassy
that will be responsible for ensuring the fullest possible cooperation
with the host nation on these issues. This is particularly, important
in countries where we do not have a full-time law enforcement officer
assigned to the embassy.
These may seem like modest steps but they are the kinds of
initiatives that will greatly enhance the effectiveness of our efforts
to battle the international criminal organizations. Again I thank the
Senator from Georgia for his leadership and I urge my colleagues to
support this amendment.
amendment no. 411
(Purpose: To clarify section 1166)
On line 17 on page 110, delete ``knowingly assists or has''
and insert in lieu thereof: ``is known by the Department of
State to have intentionally''.
On line 20 on page 110, delete ``is providing or has
provided'' and insert in lieu thereof: ``is known by the
Department of State to be intentionally providing''.
At the end of line 3 on page 111 insert the following: ``as
designated at the discretion of the Secretary of State,''.
On line 7 on page 111 before the period, insert the
following: ``, and such person and child are permitted to
return to the United States. Nothing in clauses (i) or (ii)
of this section shall be deemed to apply to a government
official of the United States who is acting within the scope
of his or her official duties. Nothing in clause (i) or (ii)
of this section shall be deemed to apply to a government
official of any foreign government if such person has been
designated by the Secretary of State at the Secretary's
discretion''.
Mrs. FEINSTEIN. Mr. President, I am pleased to have had the
opportunity to work with my colleagues and the administration to
perfect section 1166 of this bill, relating to the inadmissibility of
persons supporting international child abductors.
This section of the bill, which was included at my request in the
chairman's mark considered last week by the Foreign Relations
Committee, was inspired by the case of Patricia Roush, a constituent of
mine whose two daughters were abducted by her ex-husband and taken to
his home country of Saudi Arabia 11 years ago in direct violation of
the custody order of an Illinois court.
Since then, she has seen the girls only once for 2 hours. All efforts
to negotiate a resolution have been rebuffed by the father.
This section attempts to address tragic situations like Ms. Roush's.
Current law, section 212(a)(10)(C) of the Immigration and Nationality
Act, says that any alien who holds a child overseas in violation of a
custody order of a U.S. court may not receive a visa to come to the
United States until the child has been returned to the parent with
rightful custody.
This new section would expand the visa restriction to three
categories of
[[Page S5764]]
people: Anyone who helped carry out the abduction of the child; anyone
providing material support or safe haven to the abducting parent; and
immediate family members of the abducting parent.
Any of these people already in the United States would also be
deportable.
This law would not apply if the child is located in a country which
is a signatory to the Hague Convention, which is an international
agreement designed to resolve international child abduction cases.
The goal of this legislation is to expand the circle of people
affected when an American child is abducted. There can be no doubt that
persons who assist in the abduction of such a child should be subject
to the same restrictions as the abductor him or herself. The same goes
for those who support and protect the abductor subsequent to the
abduction.
The only area that has raised questions is the provision applying the
restriction to immediate family members of the abductor. We decided to
proceed in this fashion because of Ms. Roush's experience during the
tenure of the previous United States Ambassador to Saudi Arabia, Ray
Mabus.
After years without any progress toward a resolution, Ambassador
Mabus implied to relatives of Ms. Roush's ex-husband that he might
withhold their visas to the United States unless the case was solved.
He never actually threatened to withhold the visas, which he lacked the
authority to do, but he hoped to at least get information about the
girls' condition and the father's thinking throught this tactic.
Ambassador Mabus discovered that even the implied threat of
withholding visas from family members produced a new spirit of
flexibility on the part of the father. By the time he returned to the
United States, they had come close to negotiating a resolution, but
that fell through after Mabus left.
But this experience suggests that withholding visas from family
members and other associates of the abducting parent is an effective
way to put pressure on that parent to negotiate a resolution.
There is a precedent for withholding visas from family members. In
the Helms-Burton law on Cuba passed in 1996--Public Law 104-114,
spouses and minor children of officers of corporations doing prohibited
business with Cuba were made excludable.
I thank the chairman and ranking member of the Foreign Relations
Committee and the Senator from Maryland, Senator Sarbanes, for their
cooperation and for helping perfect this amendment.
Mr. HELMS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Thomas). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. I rise today, while we are just about to finish up on
this historic State Department reorganization bill, to say a couple of
things about it and the people who have been involved.
I was in the House of Representatives on the Foreign Affairs
Committee where we started the attempt to reorganize the State
Department. We were able to pass it through, and the bill got vetoed by
the President. I think that is what is historic and taking place here.
We are now working together to do the thing we need to do, which is
to make the overall operation run more efficiently, to eliminate some
of the apparatus created by the cold war, and to try to create a
foreign policy agency and a setup that is more forward looking, more
organized, and that I think can represent our interests better in this
post-cold-war atmosphere.
I think it is a real tribute to the people who have been involved in
this that we have been able to get this done. Overhauling the American
foreign policy bureaucracy needed to be done, and this bill will
abolish agencies and bureaus born of the cold war imperatives that are
no longer necessary. Achievement was hard won and something the
American people can be proud of. Now we can reduce the size of the
Federal Government, something I have certainly long supported. I want
to thank those people involved.
There are two other things I want to quickly note that have taken
place in here as well. I chair the Middle East Subcommittee. One of the
things we have been focused on is how do we contain some of the radical
elements of that region that seek to terrorize us around the world? One
of the things that is contained in this bill is Radio Free Iran, and
that will be broadcast into the Iranian airwaves to send forward clear
and accurate information about what is taking place around the rest of
the world.
I think this is a very important tool that we can use to be able to
work with the Iranian people, who are some of the most repressed around
the world. They have recently voted to elect a more moderate leader,
yet most have said they will not really be able to express what they
want to do because the leader they elected will not have the power or
the authority to get that done.
Yet, I think we can continue to fight for the Iranian people by
putting forward good information, true information, of how much we
support what they are doing on the cause in the battle of freedom. I
think Radio Free Iran will be a very helpful signal, something
important, as we move forward in working to contain those terroristic
elements in the world that seek to do us harm and seek harm in much of
the rest of the world.
Also, I look forward in the future to encouraging other countries to
further engage with us in initiatives to expand democracy, free markets
and capitalism around the world. I look forward in the future to
working with Central Asian countries to link them more with the
democracies and the democracy movement and free markets that are
gaining strength all around the world. Some dub this a silk road
strategy, and I think it is important that we do this in moving forward
a positive agenda, not just one that is always negative toward others
but one that is very open and positive toward encouraging the rest of
the world.
I look forward to working with other chairmen, including Chairman
Smith, also on the Foreign Relations Committee, as we seek to open up
the Central Asian regions to further democracy, to free markets, to
capitalism, to liberty. I think that is a good move on our part. Part
of it is going to be contained in the future of the world. Radio Free
Iran is in this bill and I think that is a positive move. It doesn't
diminish the act of privatizing Radio Free Europe. It is important to
move forward in that regard. This is a win for the American people, and
a win for people around the world who seek freedom for themselves and
their marketplace, their future and their families. With that, I yield
the floor.
The PRESIDING OFFICER. Who seeks time?
Amendment No. 398 Withdrawn
Mr. MURKOWSKI. Mr. President, I believe I have an amendment that is
at the desk.
The PRESIDING OFFICER. The Senator is correct.
Mr. MURKOWSKI. Mr. President, I just had a conversation with the
Secretary of State, Madeleine Albright, relative to the reasons why I
have offered an amendment which would require that the Foreign
Relations Committee confirm the coordinator of Taiwan affairs at the
State Department.
As the Chair is aware, the Taiwan Relations Act requires the
Committee on Foreign Relations to oversee the implementation of the TRA
and the operations and procedures of the American Institute in Taiwan.
And, furthermore, then Secretary of State Vance assured the committee
in a letter to then Chairman Frank Church that ``the names of
prospective trustees and officers will be forwarded to the Foreign
Relations Committee. If the Committee expresses reservations about a
prospective trusteer, [the Department of State] will undertake to
discuss the matter fully with the Committee before proceeding.''
The Secretary of State assured me that she will put into a formal
letter that the State Department will agree to consult with the Foreign
Relations Committee prior to appointing any director or chairman of the
American Institute in Taiwan. The letter will, of course, be directed
to the chairman of the Foreign Relations Committee. A copy will be
given to the minority, as well as to me, and Secretary of State
Madeleine Albright agreed to refer,
[[Page S5765]]
specifically, in her letter, to the assurance that Chairman Frank
Church received from Secretary of State Vance regarding the intent and
interpretation of the committee's role under the Taiwan Relations Act.
So as a consequence of that assurance, Mr. President, and with thanks
to the chairman of the Foreign Relations Committee, I think that
Secretary Albright has met my concern by assuring the chairman of the
Foreign Relations Committee that, indeed, the State Department will put
into writing its agreement to consult with the committee prior to
appointing the director or chairman of the American Institute in
Taiwan. As we all know, and the concern we have is that, previously,
the appointments took place before the consultations took place. That
will not be the case. I thank Senator Biden for his role in taking the
first call from the Secretary and, again, I appreciate Senator Helms'
indulgence in providing me with the time to come to the floor, as well
as to talk to the Secretary. As a consequence of that, Mr. President, I
withdraw the amendment.
The PRESIDING OFFICER. Amendment No. 398 is withdrawn.
Mr. HELMS. If the Senator will yield, I think he has done a good
day's work. I commend him.
Mr. President, I ask unanimous consent to discharge H.R. 1757 from
the committee, and all after the enacting clause be stricken and that
the language of S. 903, as amended, be inserted, and the bill be read
the third time.
The PRESIDING OFFICER (Mr. Brownback). Without objection, it is so
ordered.
The amendments were ordered to be engrossed, and the bill to be read
the third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. HELMS. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays are ordered and the clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Wyoming [Mr. Enzi], the
Senator from Idaho [Mr. Kempthorne], and the Senator from Kansas [Mr.
Roberts] are necessarily absent.
Mr. FORD. I announce that the Senator from South Dakota [Mr. Daschle]
and the Senator from South Dakota [Mr. Johnson] are necessarily absent.
I further announce that the Senator from South Dakota [Mr. Johnson]
is absent attending a funeral.
I also announce that the Senator from South Dakota [Mr. Daschle] is
absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 90, nays 5, as follows:
[Rollcall Vote No. 105 Leg.]
YEAS--90
Abraham
Akaka
Allard
Ashcroft
Baucus
Bennett
Biden
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Burns
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Conrad
Coverdell
Craig
D'Amato
DeWine
Dodd
Domenici
Dorgan
Durbin
Faircloth
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Rockefeller
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wyden
NAYS--5
Bingaman
Byrd
Harkin
Sarbanes
Wellstone
NOT VOTING--5
Daschle
Enzi
Johnson
Kempthorne
Roberts
So the bill (H.R. 1757), as amended, was passed as follows:
Resolved, That the bill from the House of Representatives
(H.R. 1757) entitled ``An Act to consolidate international
affairs agencies, to authorize appropriations for the
Department of State and related agencies for fiscal years
1998 and 1999, and to ensure that the enlargement of the
North Atlantic Treaty Organization (NATO) proceeds in a
manner consistent with United States interests, to strengthen
relations between the United States and Russia, to preserve
the prerogatives of the Congress with respect to certain arms
control agreements, and for other purposes.'', do pass with
the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Affairs Reform and
Restructuring Act of 1997''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division a.--Foreign Affairs Agencies Consolidation Act
of 1997.
(2) Division b.--Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999.
(3) Division c.--United Nations Reform Act of 1997.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Report on budgetary cost savings resulting from
reorganization.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 201. Effective date.
Chapter 2--Abolition 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. Under Secretary for Arms Control and International Security.
Sec. 214. Reporting requirements.
Sec. 215. Repeal relating to Inspector General for United States Arms
Control and Disarmament Agency.
Chapter 3--Conforming Amendments
Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Compensation of officers.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 301. Effective date.
Chapter 2--Abolition 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.
Sec. 314. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
Sec. 315. Interim transfer of functions.
Chapter 3--International Broadcasting
Sec. 321. Congressional findings and declaration of purpose.
Sec. 322. Continued existence of Broadcasting Board of Governors.
Sec. 323. Conforming amendments to the United States International
Broadcasting Act of 1994.
Sec. 324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 326. Savings provisions.
Sec. 327. Report on the privatization of RFE/RL, Incorporated.
Chapter 4--Conforming Amendments
Sec. 331. References.
Sec. 332. Amendments to title 5, United States Code.
Sec. 333. Ban on domestic activities.
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Chapter 1--General Provisions
Sec. 401. Effective date.
Chapter 2--Abolition And Transfer of Functions
Sec. 411. Abolition of United States International Development
Cooperation Agency.
Sec. 412. Transfer of functions.
Sec. 413. Status of AID.
Chapter 3--Conforming Amendments
Sec. 421. References.
Sec. 422. Conforming amendments.
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 501. Effective date.
Chapter 2--Reorganization And Transfer of Functions
Sec. 511. Reorganization of Agency for International Development.
Chapter 3--Authorities of the Secretary of State
Sec. 521. Definition of United States assistance.
Sec. 522. Placement of Administrator of AID under the direct authority
of the Secretary of State.
[[Page S5766]]
Sec. 523. Assistance programs coordination, implementation, and
oversight.
Sec. 524. Sense of the Senate regarding apportionment of certain funds
to the Secretary of State.
TITLE VI--TRANSITION
Chapter 1--Reorganization Plan
Sec. 601. Reorganization plan.
Chapter 2--Reorganization Authority
Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Savings provisions.
Sec. 615. Property and facilities.
Sec. 616. Authority of Secretary of State to facilitate transition.
Sec. 617. Final report.
TITLE VII--FUNCTIONS, CONDUCT, AND STRUCTURE OF UNITED STATES FOREIGN
POLICY FOR THE 21ST CENTURY.
Sec. 701. Findings.
Sec. 702. Establishment.
Sec. 703. Composition and qualifications.
Sec. 704. Duties of the Commission.
Sec. 705. Commission reports.
Sec. 706. Powers.
Sec. 707. Personnel.
Sec. 708. Payment of Commission expenses.
Sec. 709. Termination.
Sec. 710. Executive branch action.
Sec. 711. Annual foreign affairs strategy report.
Sec. 712. Definition of foreign affairs agencies.
DIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definition.
TITLE XI--DEPARTMENT OF STATE AND RELATED AGENCIES
Chapter 1--Authorizations of Appropriations
Sec. 1101. Authorizations of appropriations for Administration of
Foreign Affairs.
Sec. 1102. Migration and refugee assistance.
Sec. 1103. Asia Foundation.
Chapter 2--Authorities and Activities
Sec. 1121. Reduction in required reports.
Sec. 1122. Authority of the Foreign Claims Settlement Commission.
Sec. 1123. Procurement of services.
Sec. 1124. Fee for use of diplomatic reception rooms.
Sec. 1125. Prohibition on judicial review Department of State
counterterrorism and narcotics-related rewards program.
Sec. 1126. Office of the Inspector General.
Sec. 1127. Reaffirming United States international telecommunications
policy.
Sec. 1128. Counterdrug and anti-crime activities of the Department of
State.
Chapter 3--Personnel
Sec. 1131. Elimination of position of Deputy Assistant Secretary of
State for Burdensharing.
Sec. 1132. Restriction on lobbying activities of former United States
chiefs of mission.
Sec. 1133. Recovery of costs of health care services.
Sec. 1134. Nonovertime differential pay.
Sec. 1135. Pilot program for foreign affairs reimbursement.
Sec. 1136. Grants to overseas educational facilities.
Sec. 1137. Grants to remedy international child abductions.
Sec. 1138. Foreign Service reform.
Sec. 1139. Law enforcement availability pay.
Sec. 1140. Law enforcement authority of DS special agents overseas.
Sec. 1141. Limitations on management assignments.
Chapter 4--Consular and Related Activities
Sec. 1151. Consular officers.
Sec. 1152. Repeal of outdated consular receipt requirements.
Sec. 1153. Elimination of duplicate Federal Register publication for
travel advisories.
Sec. 1154. Inadmissibility of members of former Soviet Union
intelligence services.
Sec. 1155. Denial of visas to aliens who have confiscated property
claimed by nationals of the United States.
Sec. 1156. Inadmissibility of aliens supporting international child
abductors.
TITLE XII--OTHER INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Chapter 1--Authorization of Appropriations
Sec. 1201. International conferences and contingencies.
Sec. 1202. International commissions.
Chapter 2--General Provisions
Sec. 1211. International criminal court participation.
Sec. 1212. Withholding of assistance for parking fines owed by foreign
countries.
Sec. 1213. United States membership in the Interparliamentary Union.
Sec. 1214. Reporting of foreign travel by United States officials.
Sec. 1215. Sense of the Senate on use of funds in Japan-United States
Friendship Trust Fund.
TITLE XIII--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Chapter 1--Authorization of Appropriations
Sec. 1301. Authorization of appropriations.
Sec. 1302. National Endowment for Democracy.
Chapter 2--USIA and Related Agencies Authorities and Activities
Sec. 1311. Authorization to receive and recycle fees.
Sec. 1312. Appropriations transfer authority.
Sec. 1313. Expansion of Muskie Fellowship Program.
Sec. 1314. Au pair extension.
Sec. 1315. Radio broadcasting to Iran in the Farsi language.
Sec. 1316. Voice of America broadcasts.
Sec. 1317. Working group on government-sponsored international
exchanges and training.
Sec. 1318. International information programs.
Sec. 1319. Authority to administer summer travel and work programs.
TITLE XIV--PEACE CORPS
Sec. 1401. Short title.
Sec. 1402. Authorization of appropriations.
Sec. 1403. Amendments to the Peace Corps Act.
TITLE XV--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--Authorization of Appropriations
Sec. 1501. Authorization of appropriations.
Chapter 2--Authorities
Sec. 1511. Statutory construction.
TITLE XVI--FOREIGN POLICY
Sec. 1601. Payment of Iraqi claims.
Sec. 1602. United Nations membership for Belarus.
Sec. 1603. United States policy with respect to Jerusalem as the
capital of Israel.
Sec. 1604. Special envoy for Tibet.
Sec. 1605. Financial transactions with state sponsors of international
terrorism.
Sec. 1606. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
Sec. 1607. Reports on the situation in Haiti.
Sec. 1608. Report on an alliance against narcotics trafficking in the
Western Hemisphere.
Sec. 1609. Report on greenhouse gas emissions agreement.
Sec. 1610. Reports and policy concerning diplomatic immunity.
Sec. 1611. Italian confiscation of property case.
Sec. 1612. Designation of additional countries eligible for NATO
enlargement assistance.
Sec. 1613. Sense of Senate regarding United States citizens held in
prisons in Peru.
Sec. 1614. Exclusion from the United States of aliens who have been
involved in extrajudicial and political killings in
Haiti.
Sec. 1615. Sense of the Senate on enforcement of the Iran-Iraq Arms
Non-Proliferation Act of 1992 with respect to the
acquisition by Iran of C-802 cruise missiles.
Sec. 1616. Sense of the Senate on persecution of Christian minorities
in the People's Republic of China.
Sec. 1617. Sense of Congress regarding the North Atlantic Treaty
Organization.
Sec. 1618. Japan-United States Friendship Commission.
Sec. 1619. Aviation safety.
Sec. 1620. Sense of the Senate on United States policy toward the
People's Republic of China.
Sec. 1621. Sense of the Senate encouraging programs by the National
Endowment for Democracy regarding the rule of law in
China.
Sec. 1622. Concerning the Palestinian authority.
Sec. 1623. Authorization of Appropriations for facilities in Beijing
and Shanghai.
Sec. 1624. Eligibility for refugee status.
DIVISION C--UNITED NATIONS REFORM
TITLE XX--GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Nondelegation of certification requirements.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
Sec. 2101. Assessed contributions to the United Nations and affiliated
organizations.
Sec. 2102. United Nations policy on Israel and the Palestinians.
Sec. 2103. Assessed contributions for international peacekeeping
activities.
Sec. 2104. Data on costs incurred in support of United Nations peace
and security operations.
Sec. 2105. Reimbursement for goods and services provided by the United
States to the United Nations.
Sec. 2106. Restriction on United States funding for United Nations
peace operations.
Sec. 2107. United States policy regarding United Nations peacekeeping
missions.
Sec. 2108. Organization of American States.
TITLE XXII--ARREARS PAYMENTS AND REFORM
Chapter 1--Arrearages to the United Nations
SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENT OF FUNDS
Sec. 2201. Authorization of appropriations.
Sec. 2202. Disbursement of funds.
SUBCHAPTER B--UNITED STATES SOVEREIGNTY
Sec. 2211. Certification requirements.
SUBCHAPTER C--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACE
OPERATIONS
Sec. 2221. Certification requirements.
[[Page S5767]]
SUBCHAPTER D--BUDGET AND PERSONNEL REFORM
Sec. 2231. Certification requirements.
Chapter 2--Miscellaneous Provisions
Sec. 2241. Statutory construction on relation to existing laws.
Sec. 2242. Prohibition on payments relating to UNIDO and other
organizations from which the United States has withdrawn
or rescinded funding.
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 1997''.
SEC. 102. PURPOSES.
The purposes of this division are--
(1) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
(2) to consolidate and reinvigorate the foreign affairs
functions of the United States within the Department of State
by--
(A) abolishing the United States Arms Control and
Disarmament Agency, the United States Information Agency, the
United States International Development Cooperation Agency,
and transferring the functions of these agencies to the
Department of State while preserving the quality and
integrity of these functions;
(B) transferring certain functions of the Agency for
International Development to the Department of State; and
(C) providing for the reorganization of the Department of
State to maximize the efficient use of resources, which may
lead to budget savings, eliminated redundancy in functions,
and improvement in the management of the Department of State;
(3) to ensure that programs critical to the promotion of
United States national interests be maintained;
(4) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most
competent United States citizens serving in the United States
Government.
SEC. 103. 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 ``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.
(3) The term ``Department'' means the Department of State.
(4) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(5) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(6) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(7) The term ``Secretary'' means the Secretary of State.
(8) The term ``USIA'' means the United States Information
Agency.
SEC. 104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM
REORGANIZATION.
Not later than 90 days after the date of enactment of this
Act, and every 180 days thereafter through the end of fiscal
year 2000, the Secretary of State shall submit a report to
the appropriate congressional committees describing the total
anticipated and achieved cost savings in budget outlays and
budget authority related to the reorganization made under
this Act, including cost savings by each of the following
categories:
(1) Reductions in personnel.
(2) Administrative consolidation.
(3) Program consolidation.
(4) Sales of real property.
(5) Termination of property leases.
(6) Coordinated procurement.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 601.
CHAPTER 2--ABOLITION 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.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
Except as otherwise provided in this division, there are
transferred to the Secretary of State--
(1) all functions of the Director of the United States Arms
Control and Disarmament Agency, and
(2) 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.
SEC. 213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL
SECURITY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended in subsection (b)--
(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 arms control and international
security.--There shall be in the Department of State, among
the Under Secretaries authorized by paragraph (1), an Under
Secretary for Arms Control and International Security who
shall assist the Secretary and the Deputy Secretary in
matters related to international security policy, arms
control, and nonproliferation matters. Subject to the
direction of the President, the Under Secretary may attend
and participate in meetings of the National Security Council
in his role as advisor on arms control and nonproliferation
matters.''.
SEC. 214. REPORTING REQUIREMENTS.
(a) Verification of Compliance.--Section 37 of the Arms
Control and Disarmament Act (22 U.S.C. 2577) is amended--
(1) in subsection (a), by striking ``Director'' each place
it appears and inserting ``Under Secretary of State for Arms
Control and International Security'';
(2) in subsection (d), by striking ``Director'' each place
it appears and inserting ``Under Secretary of State'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Inclusion of Comments by the Secretary of State.--In
the preparation of each report under subsection (a), the
Under Secretary of State for Arms Control and International
Security shall include the comments, if any, of the Secretary
of State after the Secretary has had an opportunity to review
the report for a period of not to exceed 14 days.''.
(b) Annual Report.--Section 51 of that Act (22 U.S.C.
2593a) is amended--
(1) in subsection (a)--
(A) by striking ``Director'' and inserting ``Under
Secretary of State for Arms Control and International
Security''; and
(B) by striking ``the Secretary of State,'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Inclusion of Comments by the Secretary of State.--In
the preparation of each report under subsection (a), the
Under Secretary of State for Arms Control and International
Security shall include the comments, if any, of the Secretary
of State after the Secretary has had an opportunity to review
the report for a period of not to exceed 14 days.''.
SEC. 215. 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.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Except as provided in section 214, 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. COMPENSATION OF OFFICERS.
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.''.
[[Page S5768]]
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
Except as otherwise provided, this title, and the
amendments made by this title, shall take effect on the
earlier of--
(1) October 1, 1999; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in
section 601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency (other than the
Broadcasting Board of Governors) is abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
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.
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.''.
SEC. 314. 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 United States
Information Agency'' and inserting ``the Broadcasting Board
of Governors''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,'' and inserting ``the Broadcasting Board
of Governors,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking the following:
``Inspector General, United States Information Agency.'';
and
(2) by inserting the following:
``Inspector General, Broadcasting Board of Governors.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and
(j) of section 308 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are
amended--
(1) by striking ``Inspector General of the United States
Information Agency'' each place it appears and inserting
``Inspector General of the Broadcasting Board of Governors'';
and
(2) by striking ``the Director of the United States
Information Agency,''.
(e) Transfer of Functions.--
(1) In general.--Except as provided in paragraph (2), there
are transferred to the Office of the Inspector General of the
Department of State and the Foreign Service the functions
that the Office of Inspector General of the United States
Information Agency exercised before the effective date of
this title (including all related functions of the Inspector
General of the United States Information Agency).
(2) Transfer to inspector general of broadcasting board of
governors.--There are transferred to the Inspector General of
the Broadcasting Board of Governors the functions (including
related functions) that the Office of Inspector General of
the United States Information Agency exercised with respect
to the International Broadcasting Bureau, Voice of America,
WORLDNET TV and Film Service, the office of Cuba
Broadcasting, and RFE/RL, Incorporated, before the effective
date of this title.
(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.
SEC. 315. INTERIM TRANSFER OF FUNCTIONS.
(a) Interim Transfer.--Except as otherwise provided in this
division, there are transferred to the Secretary of State the
following functions of the United States Information Agency
exercised as of the day before the effective date of this
section:
(1) The functions exercised by the Office of Public Liaison
of the Agency.
(2) The functions exercised by the Office of Congressional
and Intergovernmental Affairs of the Agency.
(b) Effective Date.--This section shall take effect on the
earlier of--
(1) October 1, 1998, or
(2) the date of the proposed transfer of functions
described in this section pursuant to the reorganization plan
described in section 601.
CHAPTER 3--INTERNATIONAL BROADCASTING
SEC. 321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Congress finds that--
(1) it is the policy of the United States to promote the
right of freedom of opinion and expression, including the
freedom ``to seek, receive, and impart information and ideas
through any media and regardless of frontiers,'' in
accordance with Article 19 of the Universal Declaration of
Human Rights;
(2) open communication of information and ideas among the
peoples of the world contributes to international peace and
stability and the promotion of such communication is in the
interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the
requirements of this chapter and the United States
International Broadcasting Act of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
SEC. 322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF
GOVERNORS.
Section 304(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to
read as follows:
``(a) Continued Existence Within Executive Branch.--
``(1) In general.--The Broadcasting Board of Governors
shall continue to exist within the Executive branch of
Government as an entity described in section 104 of title 5,
United States Code.
``(2) Retention of existing board members.--The members of
the Broadcasting Board of Governors appointed by the
President pursuant to subsection (b)(1)(A) before the
effective date of the Foreign Affairs Agencies Consolidation
Act of 1997 and holding office as of that date shall serve
the remainder of their terms of office without reappointment.
``(3) Establishment of Inspector General of Broadcasting
Board of Governors.--There shall be established an Inspector
General of the Broadcasting Board of Governors.
``(4) Inspector general authorities.--The Inspector General
of the Broadcasting Board of Governors shall exercise the
same authorities with respect to the Broadcasting Board of
Governors as the Inspector General of the Department of State
and the Foreign Service exercises under section 209 of the
Foreign Service Act of 1980 with respect to the Department of
State. The Inspector General of the Broadcasting Board of
Governors, in carrying out the functions of the Inspector
General, shall respect the professional independence and
integrity of all the broadcasters covered by this title.''.
SEC. 323. CONFORMING AMENDMENTS TO THE UNITED STATES
INTERNATIONAL BROADCASTING ACT OF 1994.
(a) References in Section.--Whenever in this section an
amendment or repeal is expressed as an amendment or repeal of
a provision, the reference shall be deemed to be made to the
United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.).
(b) Substitution of Under Secretary of State for Public
Diplomacy.--Sections 304(b)(1)(B), 304(b) (2) and (3),
304(c), 304(e), 305(c), and 306 (22 U.S.C. 6203(b)(1)(B),
6203(b) (2) and (3), 6203(c), 6203(e), 6204(c), and 6205) are
amended by striking ``Director of the United States
Information Agency'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy''.
(c) Substitution of Acting Under Secretary of State for
Public Diplomacy.--Section 304(c) (22 U.S.C. 6203(c)) is
amended by striking ``acting Director of the agency'' and
inserting ``Acting Under Secretary of State for Public
Diplomacy''.
(d) Standards and Principles of International
Broadcasting.--Section 303 (22 U.S.C. 6202) is amended--
(1) in paragraph (3), by inserting ``, including
editorials, broadcast by the Voice of America, which present
the views of the United States Government'' after
``policies'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) the capability to provide a surge capacity to support
United States foreign policy objectives during crises
abroad;'';
(e) Authorities of the Board.--Section 305(a) (22 U.S.C.
6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) in paragraph (4), by inserting ``, after consultation
with the Secretary of State,'' after ``annually,'';
(3) in paragraph (9), by striking ``, through the Director
of the United States Information Agency,'';
(4) in paragraph (12)--
(A) by striking ``1994 and 1995'' and inserting ``1998 and
1999''; and
(B) by striking ``to the Board for International
Broadcasting for such purposes for fiscal year 1993'' and
inserting ``to the Board and the International Broadcasting
Bureau for such purposes for fiscal year 1997''; and
(5) by adding at the end the following new paragraphs:
``(15)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109
of title 5, United States Code, at rates not to exceed the
daily equivalent of the rate provided for positions
classified above grade GS-15 of the General Schedule under
section 5108 of title 5, United States Code.
[[Page S5769]]
``(B) To allow those providing such services, while away
from their homes or their regular places of business, travel
expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States Code,
for persons in the Government service employed
intermittently, while so employed.
``(16) To receive donations, bequests, devises, gifts, and
other forms of contributions of cash, services, and other
property, from persons, corporations, foundations, and all
other groups and entities both within the United States and
abroad, and, pursuant to the Federal Property and
Administrative Services Act of 1949, to use, sell, or
otherwise dispose of such property for the carrying out of
its functions. For the purposes of sections 170, 2055, and
2522 of the Internal Revenue Code of 1986 (26 U.S.C. 170,
2055, or 2522), the Board shall be deemed to be a corporation
described in section 170(c)(2), 2055(a)(2), or 2522(a)(2) of
the Code, as the case may be.''.
(f) Broadcasting Budgets.--Section 305(b)(1) (22 U.S.C.
6204(b)(1)) is amended--
(1) by striking ``(1)'' before ``The Director''; and
(2) by striking ``the Director of the United States
Information Agency for the consideration of the Director as a
part of the Agency's budget submission to''.
(g) Repeal.--Section 305(b)(2) (22 U.S.C. 6204(b)(2)) is
repealed.
(h) Implementation.--Section 305(c) (22 U.S.C. 6204(c)) is
amended--
(1) by striking ``Director of the United States Information
Agency and the''; and
(2) by striking ``their'' and inserting ``its''.
(i) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205)
is amended by inserting before the period at the end the
following: ``, as the Secretary may deem appropriate''.
(j) International Broadcasting Bureau.--Section 307 (22
U.S.C. 6206) is amended--
(1) in subsection (a), by striking ``within the United
States Information Agency'' and inserting ``under the
Board'';
(2) in subsection (b)(1), by striking ``Chairman of the
Board, in consultation with the Director of the United States
Information Agency and with the concurrence of a majority of
the Board'' and inserting ``President, by and with the advice
and consent of the Senate''; and
(3) by redesignating subsection (b)(1) as subsection (b).
(k) Repeals.--The following provisions of law are repealed:
(1) Subsections (k) and (l) of section 308 (22 U.S.C.
6207(k).
(2) Section 310 (22 U.S.C. 6209).
(l) Additional Reference to Director of USIA.--Section 311
(22 U.S.C. 6210) is amended by striking ``the Director of the
United States Information Agency and''.
SEC. 324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.)
is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Broadcasting Board of
Governors'';
(2) by striking ``Agency'' each place it appears and
inserting ``Board'';
(3) by striking ``the Director of the United States
Information Agency'' each place it appears and inserting
``the Chairman of the Broadcasting Board of Governors'';
(4) in section 4 (22 U.S.C. 1465b), by striking ``the
Director of the Voice of America'' and inserting ``the
International Broadcasting Bureau''; and
(5) by striking any other reference to ``Director'' not
amended by paragraph (3) each place it appears and inserting
``Chairman''.
SEC. 325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA
ACT.
The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa
et seq.) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Broadcasting Board of Governors'' each place it
appears;
(2) by striking ``Agency'' and inserting ``Board'' each
place it appears;
(3) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Chairman of
the Broadcasting Board of Governors'';
(4) in section 244a. (22 U.S.C. 1465cc(a)), by striking
``the Director of the Voice of America'' and inserting ``the
International Broadcasting Bureau''; and
(5) by striking any other reference to ``Director'' not
amended by paragraph (3) or (4) each place it appears and
inserting ``Chairman''.
SEC. 326. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions exercised by the Broadcasting
Board of Governors of the United States Information Agency on
the day before the effective date of this chapter, and
(2) which are in effect at the time this chapter takes
effect, or were final before the effective date of this
chapter and are to become effective on or after the effective
date of this chapter,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Broadcasting Board
of Governors, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this
chapter, or amendments made by this chapter, shall not affect
any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or
financial assistance pending before the Broadcasting Board of
Governors of the United States Information Agency at the time
this chapter takes effect, with respect to functions
exercised by the Board as of the effective date of this
chapter but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this chapter had not been
enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this chapter had not been enacted.
(c) Suits Not Affected.--The provisions of this chapter,
and amendments made by this chapter, shall not affect suits
commenced before the effective date of this chapter, and in
all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if this chapter had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Board, or by or
against any individual in the official capacity of such
individual as an officer of the Board, shall abate by reason
of the enactment of this chapter.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Board
relating to a function exercised by the Board before the
effective date of this chapter may be continued by the Board
with the same effect as if this chapter had not been enacted.
(f) References.--Reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the Broadcasting
Board of Governors of the United States Information Agency
with regard to functions exercised before the effective date
of this chapter, shall be deemed to refer to the Board.
SEC. 327. REPORT ON THE PRIVATIZATION OF RFE/RL,
INCORPORATED.
(a) Findings.--Congress makes the following findings:
(1) The Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, set a limitation on the operating costs of
RFE/RL, Incorporated, at $75,000,000 for any fiscal year
after fiscal year 1995.
(2) Section 312(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, expressed the sense of
Congress that, in furtherance of the objectives of section
302 of that Act, the funding of RFE/RL, Incorporated, should
be assumed by the private sector not later than December 31,
1999.
(3) The conference report on the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (House Report
103-482) noted that ``The committee on the conference expects
that the Broadcasting Board of Governors will do everything
possible, within available resources, to support this
privatization effort''.
(b) Declaration of Policy.--It is the sense of Congress
that RFE/RL, Incorporated, should act in accordance with
subsection (a)(2), that is, that the United States Government
should cease Federal support for RFE/RL, Incorporated, prior
to December 31, 1999.
(c) Report.--Not later than 90 days after the date of
enactment of this Act and every 180 days thereafter, the
President acting through the Chairman of the Broadcasting
Board of Governors shall submit to the appropriate
congressional committees a report on the progress of the
Board and of RFE/RL, Incorporated, in implementing section
312(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995. The report under this subsection shall
include the following:
(1) Efforts by RFE/RL, Incorporated, to terminate
individual language services.
(2) A detailed description of steps taken to comply with
subsection (a)(2).
(3) An analysis of prospects for privatization over the
coming year.
(d) Definitions.--In this section, the term ``the Board''
means the Broadcasting Board of Governors.
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 331. 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 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, except as otherwise provided by
this division.
SEC. 332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315--
(A) by striking ``Deputy Director of the United States
Information Agency.''; and
(B) by adding at the end the following:
``Director of the International Broadcasting Bureau.''; 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.''.
[[Page S5770]]
SEC. 333. 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''.
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of abolition of the United States
International Development Cooperation Agency pursuant to the
reorganization plan described in section 601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 411. ABOLITION OF UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY.
(a) In General.--Except for the components described in
subsection (b), the United States International Development
Cooperation Agency (including the Institute for Scientific
and Technological Cooperation) is abolished.
(b) OPIC and AID Exempted.--Subsection (a) does not apply
to the Agency for International Development or the Overseas
Private Investment Corporation.
SEC. 412. TRANSFER OF FUNCTIONS.
(a) To the Secretary of State.--There are transferred to
the Secretary of State the functions of the Director of the
United States International Development Cooperation Agency
and of the United States International Development
Cooperation Agency, as of the day before the effective date
of this title, in allocating the funds described in
subsection (d).
(b) With Respect to the Overseas Private Investment
Corporation.--There are transferred to the Administrator of
the Agency for International Development all functions of the
Director of the United States International Development
Cooperation Agency as of the day before the effective date of
this title with respect to the Overseas Private Investment
Corporation.
(c) To Another Agency or Agencies.--
(1) Pursuant to a reorganization plan.--Except as provided
in paragraph (2), there are transferred to such agency or
agencies as may be specified in the reorganization plan
transmitted under section 601 all functions not transferred
under subsection (a) of the Director of the United States
International Development Cooperation Agency and the United
States International Development Cooperation Agency as of the
day before the effective date of this title.
(2) Failure to submit a reorganization plan.--In the event
that the President fails to submit a reorganization plan
under section 601, all functions not transferred under
subsection (a) or (b) of the Director of the United States
International Development Cooperation Agency and the United
States International Development Cooperation Agency as of the
day before the effective date of this title shall be
transferred to the Secretary of State.
(d) Allocation of Funds.--Funds under the categories of
assistance deemed allocated to the Director of the
International Development Cooperation Agency under section 1-
801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of
the day before the effective date of this title shall be
deemed allocated to the Secretary of State on and after that
date without further action by the President.
SEC. 413. STATUS OF AID.
(a) In General.--Unless abolished pursuant to the
reorganization plan submitted under section 601, and except
as provided in section 412, there is within the Executive
branch of Government the United States Agency for
International Development as an entity described in section
104 of title 5, United States Code.
(b) Retention of Officers.--Nothing in this section shall
require the reappointment of any officer of the United States
serving in the Agency for International Development of the
United States International Development Cooperation Agency as
of the day before the effective date of this title.
(c) Utilization of the Foreign Service Personnel System.--
Section 202(a)(1) of the Foreign Service Act of 1980 (22
U.S.C. 3922(a)(1)) is amended to read as follows:
``(a)(1) The Administrator of the United States Agency for
International Development may utilize the Foreign Service
personnel system with respect to the Agency in accordance
with this Act.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Except as otherwise provided in this title, any reference
in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official
document or proceeding to the Director or any other officer
or employee of the United States International Development
Cooperation Agency (IDCA) or the Agency--
(1) insofar as such references relate to functions
transferred under section 412(a), shall be deemed to refer to
the Secretary of State;
(2) insofar as such references relate to functions
transferred under section 412(b), shall be deemed to refer to
the Administrator of the Agency for International
Development; and
(3) insofar as such references relate to functions
transferred under section 412(c), shall be deemed to refer to
such agency or agencies as may be specified in the
reorganization plan submitted under section 601.
SEC. 422. CONFORMING AMENDMENTS.
The following shall cease to be effective:
(1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).
(2) Section 1-101 through 1-103, sections 1-401 through 1-
403, section 1-801(a), and such other provisions that relate
to the United States International Development Cooperation
Agency or the Director of such Agency, of Executive Order No.
12163 (22 U.S.C. 2381 note; relating to administration of
foreign assistance and related functions).
(3) The International Development Cooperation Agency
Delegation of Authority Numbered 1 (44 Fed. Reg. 57521),
except for section 1-6 of such Delegation of Authority.
(4) Section 3 of Executive Order No. 12884 (58 Fed. Reg.
64099; relating to the delegation of functions under the
Freedom for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992, the Foreign Assistance Act of
1961, the Foreign Operations, Export Financing and Related
Programs Appropriations Act, 1993, and section 301 of title
3, United States Code).
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorganization plan
described in section 601.
CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS
SEC. 511. REORGANIZATION OF AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) In General.--The Agency for International Development
shall be reorganized in accordance with this division and the
reorganization plan transmitted pursuant to section 601.
(b) Functions To Be Transferred.--The reorganization of the
Agency for International Development shall provide, at a
minimum, for the transfer to and consolidation with the
Department of State of the following functions of the Agency:
(1) Press and public affairs.
(2) Legislative affairs.
CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE
SEC. 521. DEFINITION OF UNITED STATES ASSISTANCE.
In this chapter, the term ``United States assistance''
means development and other economic assistance, including
assistance made available under the following provisions of
law:
(1) Chapter 1 of part I of the Foreign Assistance Act of
1961 (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act of
1961 (relating to the Development Fund for Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act of
1961 (relating to assistance for the independent states of
the former Soviet Union).
(5) The Support for East European Democracy Act (22 U.S.C.
5401 et seq.).
(6) The FREEDOM Support Act (22 U.S.C. 5801 et seq.).
SEC. 522. PLACEMENT OF ADMINISTRATOR OF AID UNDER THE DIRECT
AUTHORITY OF THE SECRETARY OF STATE.
The Administrator of the Agency for International
Development, appointed pursuant to section 624(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall
serve under the direct authority of the Secretary of State.
SEC. 523. ASSISTANCE PROGRAMS COORDINATION, IMPLEMENTATION,
AND OVERSIGHT.
(a) Authority of the Secretary of State.--
(1) In general.--Under the direction of the President, the
Secretary of State shall coordinate all programs, projects,
and activities of United States assistance in accordance with
this section, except as provided in paragraphs (2) and (3).
(2) Export promotion activities.--Coordination of
activities relating to promotion of exports of United States
goods and services shall continue to be primarily the
responsibility of the Secretary of Commerce.
(3) International economic activities.--Coordination of
activities relating to United States participation in
international financial institutions and relating to
organization of multilateral efforts aimed at currency
stabilization, currency convertibility, debt reduction, and
comprehensive economic reform programs shall continue to be
primarily the responsibility of the Secretary of the
Treasury.
(4) Relation to existing law.--The responsibilities of the
Secretary of State under this section are in addition to
responsibilities of the Secretary under section 622(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).
(b) Coordination Activities.--Coordination activities of
the Secretary of State under subsection (a) shall include--
(1) designing an overall assistance and economic
cooperation strategy;
(2) ensuring program and policy coordination among agencies
of the United States Government in carrying out the policies
set forth in the Foreign Assistance Act of 1961, the Arms
Export Control Act, and other relevant assistance Acts;
(3) pursuing coordination with other countries and
international organizations;
(4) ensuring proper management, implementation, and
oversight by agencies responsible for assistance programs;
and
[[Page S5771]]
(5) resolving policy, program, and funding disputes among
United States Government agencies.
(c) Statutory Construction.--Nothing in this section may be
construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United
States assistance for any funds made available to the agency
for that purpose.
(d) Authority To Provide Personnel of the Agency for
International Development.--The Administrator of the Agency
for International Development shall, upon request, detail to
the Department of State on a nonreimbursable basis such
personnel employed by the Agency as the Secretary of State
may require to carry out this section.
SEC. 524. SENSE OF THE SENATE REGARDING APPORTIONMENT OF
CERTAIN FUNDS TO THE SECRETARY OF STATE.
It is the sense of the Senate that the Director of the
Office of Management and Budget should apportion United
States assistance funds appropriated to the President under
major functional budget category 150 (relating to
international affairs) to the Secretary of State in lieu of
the apportionment of those funds to the head of any other
Federal agency.
TITLE VI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN
SEC. 601. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than October 1, 1997, or
the date that is 15 days after the date of the enactment of
this Act, whichever occurs later, the President shall, in
consultation with the Secretary and the heads of the agencies
under subsection (b), transmit to the appropriate
congressional committees a reorganization plan providing
for--
(1) with respect to the United States Arms Control and
Disarmament Agency, the United States Information Agency, and
the United States International Development Cooperation
Agency, the abolition of each agency in accordance with this
division;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of the Agency
and the transfer of certain functions of the Agency to the
Department in accordance with section 511;
(3) with respect to the United States Information Agency,
the transfer of certain functions of the Agency to the
Department in accordance with section 313;
(4) the termination of functions of each agency that would
be redundant if transferred to the Department, and the
separation from service of employees of each such agency or
of the Department not otherwise provided for in the plan;
(5) the transfer to the Department of the functions and
personnel of each agency consistent with the provisions of
this division; and
(6) 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.--The agencies under this subsection
are the following:
(1) The United States Arms Control and Disarmament Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation
Agency.
(4) The Agency for International Development.
(c) Plan Elements.--The plan transmitted under subsection
(a) shall--
(1) identify the functions of each agency that will be
transferred to the Department under the plan;
(2) identify the number of personnel and number of
positions of each 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 number of personnel and number of
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 steps to be taken by the Secretary of State
to reorganize internally the functions of the Department,
including the consolidation of offices and functions, that
will be required under the plan in order to permit the
Department to carry out the functions transferred to it under
the plan;
(5) specify the funds available to each 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;
(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;
and
(8) recommend legislation necessary to carry out changes
made by this division relating to personnel and to incidental
transfers.
(d) Reorganization Plan of Agency for International
Development.--In addition to applicable provisions of
subsection (c), the reorganization plan transmitted under
this section for the Agency for International Development--
(1) may provide for the abolition of the Agency for
International Development and the transfer of all its
functions to the Department of State; or
(2) in lieu of the abolition and transfer of functions
under paragraph (1)--
(A) shall provide for the transfer to and consolidation
within the Department of the functions of the agency set
forth in section 511; and
(B) may provide 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, and the
personnel associated with such functions, to the Department;
and
(iii) the consolidation, reorganization, and streamlining
of the Department upon the transfer of such functions and
personnel in order to carry out the functions transferred.
(e) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise the plan transmitted under
subsection (a).
(f) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (e), shall become effective on the earlier
of the date for the respective agency specified in paragraph
(2) or the date announced by the President under paragraph
(3).
(2) Statutory effective dates.--The effective dates under
this paragraph for the reorganization plan described in this
section are the following:
(A) October 1, 1998, with respect to functions of the
Agency for International Development described in section
511.
(B) October 1, 1998, with respect to functions of the
United States Information Agency described in section 313.
(C) October 1, 1998, with respect to the abolition of the
United States Arms Control and Disarmament Agency and the
United States International Development Cooperation Agency.
(D) October 1, 1999, with respect to the abolition of the
United States Information Agency (other than as described in
subparagraph (B)).
(3) Effective date by presidential determination.--An
effective date under this paragraph for a reorganization plan
described in this section is such date as the President shall
determine to be appropriate and announce by notice published
in the Federal Register, which date may be not earlier than
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).
(4) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balance of appropriations, or other assets of an
agency on a single date.
(5) Supersedes existing law.--Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States
Code.
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.
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
[[Page S5772]]
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. 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) Nonabatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the
official capacity of such individual as an officer of any
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. 615. 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. 616. 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. 617. FINAL REPORT.
Not later than January 1, 2000, 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.
TITLE VII--FUNCTIONS, CONDUCT, AND STRUCTURE OF UNITED STATES FOREIGN
POLICY FOR THE 21ST CENTURY.
SEC. 701. FINDINGS.
Congress makes the following findings:
(1) The United States has prevailed after a half-century of
Cold War and must now redesign diplomacy to meet the
different challenges of a new and changed international
context.
(2) The security of the United States requires that the
United States maintain an effective, professional diplomacy,
working in concert with the national intelligence and defense
forces of the United States.
(3) With modern communications and accelerating
technological change, the world is ever more interdependent.
(4) Because 30 percent of the United States gross domestic
product is trade-related and every one billion dollars of
United States exports represents 20,000 American jobs,
national prosperity requires assured access to foreign
markets and our diplomacy promotes and defends that access.
(5) American consumers and American industry count upon the
availability of foreign goods and raw materials.
(6) The new international agenda includes the following
pressing issues, which the Cold War diplomatic structure of
the United States is not framed to address adequately:
intellectual property rights, refugee migrations, runaway
immigration, ethnic conflict, narcotics, international
terrorism, epidemic disease, human rights, the advancement of
democracy and of market economic systems in developing
countries, and a hospitable natural environment.
(7) The United States, as the one remaining global power,
must provide global leadership to address these issues that
affect Americans.
(8) It is in the national interest to review the functions,
conduct, and structure of United States foreign policy for
the 21st century.
SEC. 702. ESTABLISHMENT.
There is established a commission to be known as the
Commission on the Functions, Conduct, and Structure of United
States Foreign Policy for the 21st Century (in this title
referred to as the ``Commission'').
SEC. 703. COMPOSITION AND QUALIFICATIONS.
(a) Membership.--The Commission shall be composed of 9
members who shall be United States citizens who have
substantial experience with and expertise in the operations
of the foreign affairs agencies of the Federal Government, to
be selected as follows:
(1) Five members shall be appointed by the President, at
least 3 of whom shall have held senior positions in at least
1 foreign affairs agency of the Federal Government, except
that not more than 3 members may be appointed from the same
political party.
(2) One member shall be appointed by the Majority Leader of
the Senate.
(3) One member shall be appointed by the Minority Leader of
the Senate.
(4) One member shall be appointed by the Speaker of the
House of Representatives.
(5) One member shall be appointed by the Minority Leader of
the House of Representatives.
(b) Chair and Vice Chair.--The President shall designate,
in consultation with the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives, 2 of the members of the Commission to serve
as Chair and Vice Chair, respectively.
(c) Period of Appointment, Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers but shall be filled
expeditiously in the same manner as the original appointment.
(d) Deadline for Appointments.--The appointments required
by subsection (a) shall, to the extent practicable, be made
within 30 days after the date of enactment of this Act.
(e) Meetings.--
(1) Frequency of meetings.--The Commission shall meet upon
request of the Chair but not less than once every 2 months
for the duration of the Commission.
(2) First meeting.--The Commission shall hold its first
meeting not later than 2 months after the date of enactment
of this Act.
(f) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings, take testimony, or receive evidence.
(g) Security Clearances.--Appropriate security clearances
shall be required for members of the Commission. Such
clearances shall be processed and completed on an expedited
basis by appropriate elements of the executive branch of
Government and shall, in any case, be completed within 60
days after the date such members are appointed.
SEC. 704. DUTIES OF THE COMMISSION.
(a) In General.--It shall be the duty of the Commission--
(1) to review the functions required of United States
foreign policy to assure continued United States global
leadership in the 21st century;
(2) to assess the effectiveness and adequacy of the current
structures, procedures, and priorities of foreign policy
decisionmaking and management, and, if necessary, to consider
alternatives;
(3) to evaluate the general level and apportionment of
resources necessary to promote United States interests,
values, and principles abroad and to assess the contribution
of diplomatic functions to the national security of the
United States; and
(4) to submit reports and recommendations as described in
section 705.
[[Page S5773]]
(b) Implementation.--In carrying out subsection (a), the
Commission shall consult with appropriate officers of the
executive branch of Government and appropriate Members of
Congress and shall specifically consider the following:
(1) What should be the operating principles and functions
of the foreign affairs bureaucracies of the United States?
(2) Is the apparatus for formulating and executing the
foreign affairs policies of the United States organized most
effectively to achieve its aims, particularly with respect to
the nonmilitary aspects of the President's national security
strategy?
(3) What are the implications for the functions, resources,
and structures of the foreign affairs agencies of the United
States of fundamental changes in the international
environment, especially advances in information technology,
economic interdependence, and the emergence of rival
countries or interests?
(4) Is the overseas representation of the United States
Government of adequate size, properly distributed, and
supported with sufficient resources to advocate effectively
the national interests, values, and principles of the United
States?
(5) Are the foreign affairs agencies structured to best
advance the national interests, values, and principles of the
United States?
(6) Do the current personnel systems of the foreign affairs
agencies produce individuals trained and supported in the
skills necessary to project American leadership abroad in the
21st century?
(7) What level and allocation among foreign affairs
agencies and functions of resources are necessary to promote
effectively United States national interests, values, and
principles?
(8) What is the rationale, mission, and mechanism for
delivering foreign assistance? Could such resources be better
managed and delivered through private entities or other
organizations?
(9) How should multilateral institutions, coalition
building, and unilateral actions be used to promote American
national interests, values, and principles abroad? What is
the most effective way to coordinate the foreign policy
interests of special interest groups, including
nongovernmental organizations?
(10) How should coordination be improved and resources be
allocated between all the United States foreign affairs
agencies?
(11) What is the appropriate mechanism for determining the
appropriate level of representation overseas of each
department or agency of the United States?
(12) What is the appropriate mechanism to foster
cooperation and coordination between the Department of the
State and all departments or agencies of the United States
abroad?
(13) How can consultation and cooperation be improved
between the executive and legislative branches of Government
in the formulation, execution, and evaluation of American
foreign policy interests so that the United States can
maximize its international effectiveness and speak with a
strong voice on vital American interests, values, and
principles?
SEC. 705. COMMISSION REPORTS.
(a) Initial Report.--Not later than 2 months after the date
of enactment of this Act, the Commission shall transmit to
Congress, the President, and the Secretary of State a report
describing its plan to carry out the work of the Commission.
(b) Preliminary Report.--Before the submission of the
report required by subsection (c), but not later than 6
months after the date of enactment of this Act, the
Commission shall submit a report to the Secretary of State a
report on its preliminary findings and recommendations.
(c) Final Report on Findings and Recommendations.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Commission shall submit to the
President, the Secretary of State, and Congress a report
describing the activities, findings, and recommendations of
the Commission.
(2) Legislative recommendations.--In addition to the
requirements of paragraph (1), the report shall make
recommendations that may be implemented through the enactment
of legislation or the issuance of an Executive order, as
appropriate.
(d) Interim Reports on Implementation.--The Commission
shall submit to the President, the Secretary of State, and
Congress such interim reports on the status of implementation
of recommendations as it deems necessary and appropriate.
(e) Evaluation of Implementation.--The members of the
Commission shall make themselves available to relevant
committees of Congress to discuss their views of the
implementation of recommendations and proposals submitted by
the Secretary of State in compliance with the provisions of
this title.
SEC. 706. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel of members of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings,
take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel considers advisable.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section. Upon the request of the Chair of the Commission, the
head of any such department or agency shall furnish such
information expeditiously to the Commission.
(c) Postal, Printing, and Binding Services.--The Commission
may use the United States mails and obtain printing and
binding services in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(d) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for the
purpose of carrying out the Commission's duties. The action
of each panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and
determinations of the Commission unless approved as such by
the Commission.
(e) Authority of Individuals To Act for the Commission.--
Any member or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is
authorized to take under this title.
SEC. 707. PERSONNEL.
(a) Compensation of Members.--Each member of the Commission
who is a private United States citizen shall be compensated
at a level not greater than the daily equivalent of the
annual rate of basic pay payable for level III of the
Executive Schedule under section 5317 of title 5, United
States Code, for each full day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission. Any member of the Commission who is
already a Government employee shall continue to be paid at
the same rate by the employing department or agency on a
nonreimbursable basis.
(b) Travel Expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 58 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive services, appoint a
staff director, subject to the approval of the Commission,
and such additional personnel as necessary to enable the
Commission to perform its duties.
(2) Compensation.--The Chair of the Commission may fix the
pay of the staff director and other personnel without regard
to the provisions of chapter 51 or subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level III of the
Executive Schedule under section 5316 of such title and the
rate of pay for other personnel may not exceed the maximum
rate payable for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon the request of
the Chair of the Commission, the head of any Federal
department or agency is authorized and encouraged to detail,
on a nonreimbursable basis, any personnel of that department
or agency to the Commission to assist it in carrying out its
functions.
(e) Procurement of Temporary and Intermittent Services.--
The Chair of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under section
5316 of such title.
(f) Administrative and Support Services.--The Secretary of
State may furnish the Commission any administrative and
support services requested by the Commission consistent with
this title. The Department of State shall be reimbursed for
any costs for these services by other appropriate Federal
departments and agencies on a basis consistent with worldwide
levels of international cooperative administrative support
system participation and funding.
SEC. 708. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, and per diem allowances
of members and employees of the Commission, and other
expenses of the Commission shall be paid out of funds
appropriated by Congress.
SEC. 709. TERMINATION.
The Commission shall terminate upon submission of the final
report on findings and recommendations, section 705(c),
except as provided for in section 705(e).
SEC. 710. EXECUTIVE BRANCH ACTION.
(a) Secretary of State's Review.--Promptly after the date
of enactment of this Act, the Secretary of State, in
consultation with the heads of all other affected Federal
departments and agencies, shall initiate a review of the
functions, conduct, and structure of United States foreign
relations in the same manner and to the same extent as the
review conducted by the Commission under section 704.
(b) Information From Federal Agencies.--The Secretary may
secure directly from any Federal department or agency
information necessary to carry out the responsibilities under
this section. Upon the request of the Secretary, the head of
any such department or agency shall furnish such information
expeditiously.
(c) Initial Report.--Not later than 2 months after the date
of enactment of this Act, the Secretary of State, in
consultation with the heads of all other affected departments
and agencies, shall transmit to Congress a report describing
the plan of the Secretary of State to carry out the review.
(d) Preliminary Report.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State, in
consultation with the heads of all other affected departments
and agencies, shall submit to the Commission a report of
preliminary findings and recommendations.
(e) Final Report on Findings and Proposals.--Not later than
18 months after the date of
[[Page S5774]]
enactment of this Act, the Secretary of State, in
consultation with the heads of all other affected foreign
affairs agencies, shall submit to Congress a report
describing the activities and findings of the Secretary's
review and shall include specific proposals for recommended
reforms, including those requiring legislative action or
Executive order. The report shall respond to, and wherever
appropriate, incorporate the findings and recommendations of
the Commission as described in section 705(c).
SEC. 711. ANNUAL FOREIGN AFFAIRS STRATEGY REPORT.
Not later than 1 year after the date of enactment of this
Act, and on an annual basis thereafter, the Secretary of
State, consistent with section 306 of title 5, and section
1115 of title 31, United States Code, and in consultation
with the heads of all other foreign affairs agencies, shall
submit to Congress in both classified and unclassified
versions an annual national foreign relations strategy report
describing the priorities and resources required to advance
successfully the national interests, values, and principles
of the United States.
SEC. 712. DEFINITION OF FOREIGN AFFAIRS AGENCIES.
In this title, the term ``foreign affairs agencies''
includes the following:
(1) The Department of State.
(2) The United States Agency for International Development.
(3) The United States Information Agency.
(4) The United States Arms Control and Disarmament Agency.
(5) The Overseas Private Investment Corporation.
(6) Appropriate elements of the Department of the Treasury.
(7) Appropriate elements of the Department of Defense.
(8) Appropriate elements of the Department of Justice
(including the Drug Enforcement Administration and the
Federal Bureau of Investigation).
(9) Appropriate elements of the Department of Agriculture.
(10) Office of the United States Trade Representative.
(11) The National Security Council staff.
(12) The Trade and Development Agency.
(13) Appropriate elements of the Department of Commerce.
DIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
SEC. 1002. DEFINITION.
In this division, the term ``appropriate congressional
committees'' means the Committees on Foreign Relations and
Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House of
Representatives.
TITLE XI--DEPARTMENT OF STATE AND RELATED AGENCIES
CHAPTER 1--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS FOR
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,
$1,746,977,000 for the fiscal year 1998, and $1,764,447,000
for the fiscal year 1999.
(2) Salaries and expenses.--For ``Salaries and Expenses''
of the Department of State, $363,513,000 for the fiscal year
1998, and $367,148,000 for the fiscal year 1999.
(3) Security and maintenance of buildings abroad.--For
``Security and Maintenance of Buildings Abroad'',
$373,081,000 for the fiscal year 1998, and $376,811,000 for
the fiscal year 1999.
(4) Capital investment fund.--For the ``Capital Investment
Fund'' of the Department of the State, $64,600,000 for the
fiscal year 1998, and $64,600,000 for the fiscal year 1999.
(5) Representation allowances.--For ``Representation
Allowances'', $4,100,000 for the fiscal year 1998, and
$4,100,000 for the fiscal year 1999.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$5,500,000 for the fiscal year 1998, and $5,500,000 for the
fiscal year 1999.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $28,300,000 for the fiscal year 1998,
and $28,300,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $14,490,000
for the fiscal year 1998, and $14,600,000 for the fiscal year
1999.
(9) Protection of foreign missions and officials.--(A) For
``Protection of Foreign Missions and Officials'', $7,900,000
for the fiscal year 1998, and $8,000,000 for the fiscal year
1999.
(B) Each amount appropriated pursuant to this paragraph is
authorized to remain available for two fiscal years.
(10) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 1998, and $1,200,000 for the
fiscal year 1999, for administrative expenses.
SEC. 1102. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance''
for authorized activities, $650,000,000 for the fiscal year
1998, and $650,000,000 for the fiscal year 1999.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until
expended.
SEC. 1103. ASIA FOUNDATION.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of State to make grants
to ``The Asia Foundation'', pursuant to The Asia Foundation
Act (title IV of Public Law 98-164), $8,000,000 for the
fiscal year 1998, and $8,000,000 for the fiscal year 1999.
(b) Conforming Amendment.--The first sentence of section
403(a) of The Asia Foundation Act (22 U.S.C. 4402) is amended
by striking ``with'' and all that follows through ``404''.
CHAPTER 2--AUTHORITIES AND ACTIVITIES
SEC. 1121. REDUCTION IN REQUIRED REPORTS.
(a) Amendment and Repeals.--
(1) Amendment.--Section 40(g)(2) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2712(g)(2)) is
amended by striking ``six months'' and inserting ``12
months''.
(2) Repeals.--The following provisions of law are repealed:
(A) The second sentence of section 161(c) of the Foreign
Relations Authorization Act, Fiscal Year 1990 and 1991 (22
U.S.C. 4171 note).
(B) Section 502B(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2304(b)).
(C) Section 705(c) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83).
(D) Section 123(e)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93).
(E) Section 203(c) of the Special Foreign Assistance Act of
1986 (Public Law 99-529).
(F) Sections 5 and 6 of the Act entitled ``An Act providing
for the implementation of the International Sugar Agreement,
1977, and for other purposes'' (Public Law 96-236; 7 U.S.C.
3605 and 3606).
(G) Section 514 of the Foreign Assistance and Related
Programs Appropriations Act, 1982 (Public Law 97-121).
(H) Section 209 (c) and (d) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204).
(I) Section 228(b) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22
U.S.C. 2452 note).
(b) Progress Toward Regional Nonproliferation.--Section
620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2376(c); relating to periodic reports on progress toward
regional nonproliferation) is amended by striking ``Not later
than April 1, 1993 and every six months thereafter,'' and
inserting ``Not later than April 1 of each year,''.
(c) Report on Overseas Voter Participation.--Section
101(b)(6) of the Uniformed and Overseas Citizens Absentee
Voting Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amended by
striking ``of voter participation'' and inserting ``of
uniformed services voter participation, a general assessment
of overseas nonmilitary participation,''.
SEC. 1122. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT
COMMISSION.
Section 4(a) of the International Claims Settlement Act of
1949 (22 U.S.C. 1623) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the first sentence, by striking ``(a) The'' and all
that follows through the period and inserting the following:
``(a)(1) The Commission shall have jurisdiction to receive,
examine, adjudicate, and render final decisions with respect
to claims of the Government of the United States and of
nationals of the United States--
``(A) included within the terms of the Yugoslav Claims
Agreement of 1948;
``(B) included within the terms of any claims agreement
concluded on or after March 10, 1954, between the Government
of the United States and a foreign government (exclusive of
governments against which the United States declared the
existence of a state of war during World War II) similarly
providing for the settlement and discharge of claims of the
Government of the United States and of nationals of the
United States against a foreign government, arising out of
the nationalization or other taking of property, by the
agreement of the Government of the United States to accept
from that government a sum in en bloc settlement thereof; or
``(C) included in a category of claims against a foreign
government which is referred to the Commission by the
Secretary of State.''; and
(3) by redesignating the second sentence as paragraph (2).
SEC. 1123. PROCUREMENT OF SERVICES.
Section 38(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2710(c)) is amended by inserting
``personal or'' before ``other support services''.
SEC. 1124. 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. 54. 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 to
recover the costs of such use. Fees collected under the
authority of this section, including reimbursements,
surcharges and fees, 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. The Secretary shall, at the time
of the submission of the budget pursuant to section
[[Page S5775]]
1105 of title 31, United States Code, submit a report to
Congress describing each such transaction.''.
SEC. 1125. PROHIBITION ON JUDICIAL REVIEW OF DEPARTMENT OF
STATE COUNTERTERRORISM AND NARCOTICS-RELATED
REWARDS PROGRAM.
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(1), by inserting ``, in the sole
discretion of the Secretary,'' after ``rewards may be paid'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following:
``(i) Judicial Review.--A determination made by the
Secretary of State under this section shall be final and
conclusive and shall not be subject to judicial review.''.
SEC. 1126. OFFICE OF THE INSPECTOR GENERAL.
(a) Procedures.--Section 209(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end
the following:
``(4) The Inspector General shall develop and provide to
employees--
``(A) information detailing their rights to counsel; and
``(B) guidelines describing in general terms the policies
and procedures of the Office of Inspector General with
respect to individuals under investigation, other than
matters exempt from disclosure under other provisions of
law.''.
(b) Report.--
(1) In general.--Not later than April 30, 1998, the
Inspector General of the Department of State shall submit a
report to the appropriate congressional committees which
includes the following information:
(A) Detailed descriptions of the internal guidance
developed or used by the Office of the Inspector General with
respect to public disclosure of any information related to an
ongoing investigation of any employee or official of the
Department of State, the United States Information Agency, or
the United States Arms Control and Disarmament Agency.
(B) Detailed descriptions of those instances for the year
ending December 31, 1997, in which any disclosure of
information to the public by an employee of the Office of
Inspector General about an ongoing investigation occurred,
including details on the recipient of the information, the
date of the disclosure, and the internal clearance process
for the disclosure.
(2) Exclusion.--Disclosure of information to the public
under this section does not include information shared by an
employee of the Inspector General Office with Members of
Congress.
SEC. 1127. REAFFIRMING UNITED STATES INTERNATIONAL
TELECOMMUNICATIONS POLICY.
(a) Procurement Policy.--It is the policy of the United
States to foster and support procurement of goods and
services from private, commercial companies.
(b) Implementation.--In order to achieve the policy set
forth in subsection (a), the Diplomatic Telecommunications
Service Program Office (DTS-PO) shall--
(1) utilize full and open competition in the procurement of
telecommunications services, including satellite space
segment, for the Department of State and each other Federal
entity represented at United States diplomatic missions and
consular ports overseas;
(2) make every effort to ensure and promote the
participation of commercial private sector providers of
satellite space segment who have no ownership or other
connection with an intergovernmental satellite organization;
and
(3) implement the competitive procedures required by
paragraphs (1) and (2) at the prime contracting level and, to
the greatest extent practicable, the subcontracting level.
SEC. 1128. COUNTERDRUG AND ANTI-CRIME ACTIVITIES OF THE
DEPARTMENT OF STATE.
(a) Counterdrug and Law Enforcement Strategy.--
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall
establish, implement, and submit to Congress a comprehensive,
long-term strategy to carry out the counterdrug
responsibilities of the Department of State in a manner
consistent with the National Drug Control Strategy. The
strategy shall involve all elements of the Department in the
United States and abroad.
(2) Objectives.--In establishing the strategy, the
Secretary shall--
(A) coordinate with the Office of National Drug Control
Policy in the development of clear, specific, and measurable
counterdrug objectives for the Department that support the
goals and objectives of the National Drug Control Strategy;
(B) develop specific, and to the maximum extent
practicable, quantifiable measures of performance relating to
the objectives, including annual and long-term measures of
performance, for purposes of assessing the success of the
Department in meeting the objectives;
(C) assign responsibilities for meeting the objectives to
appropriate elements of the Department;
(D) develop an operational structure within the Department
that minimizes impediments to meeting the objectives;
(E) ensure that every United States ambassador or chief of
mission is fully briefed on the strategy and works to achieve
the objectives; and
(F) ensure that all budgetary requests and transfers of
equipment (including the financing of foreign military sales
and the transfer of excess defense articles) relating to
international counterdrug efforts conforms to meet the
objectives.
(3) Reports.--Not later than February 15 each year, the
Secretary shall submit to Congress an update of the strategy
submitted under paragraph (1). The update shall include an
outline of the proposed activities with respect to the
strategy during the succeeding year, including the manner in
which such activities will meet the objectives set forth in
paragraph (2).
(4) Limitation on delegation.--The Secretary shall
designate an official in the Department who reports directly
to the Secretary to oversee the implementation of the
strategy throughout the Department.
(b) Information on International Criminals.--
(1) Information system.--The Secretary shall, in
consultation with the heads of appropriate United States law
enforcement agencies, including the Attorney General and the
Secretary of the Treasury, take appropriate actions to
establish an information system or improve existing
information systems containing comprehensive information on
serious crimes committed by foreign nationals. The
information system shall be available to United States
embassies and missions abroad for use in consideration of
applications for visas for entry into the United States.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report on the actions taken under paragraph
(1).
(c) Overseas Coordination of Counterdrug and Anti-Crime
Programs, Policy, and Assistance.--
(1) Strengthening coordination.--The responsibilities of
every foreign mission of the United States shall include the
strengthening of cooperation between and among the United
States and foreign governmental entities and multilateral
entities with respect to activities relating to international
narcotics and crime.
(2) Designation of officers.--
(A) In general.--The chief of mission of every foreign
mission shall designate an officer or officers within the
mission to carry out the responsibility of the mission under
paragraph (1), including the coordination of counterdrug
programs, policy, and assistance and law enforcement
programs, policy, and assistance. Such officer or officers
shall report to the chief of mission, or the designee of the
chief of mission, on a regular basis regarding activities
undertaken in carrying out such responsibility.
(B) Reports.--The chief of mission of every foreign mission
shall submit to the Secretary on a regular basis a report on
the actions undertaken by the mission to carry out such
responsibility.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report on the status of any proposals for
action or on action undertaken to improve staffing and
personnel management at foreign missions in order to carry
out the responsibility set forth in paragraph (1).
CHAPTER 3--PERSONNEL
SEC. 1131. ELIMINATION OF POSITION OF DEPUTY ASSISTANT
SECRETARY OF STATE FOR BURDENSHARING.
Section 161 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended
by striking subsection (f).
SEC. 1132. 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. 1133. 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 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)'' before the period;
and
(3) by adding the following new subsections at the end:
``(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 cost 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.
[[Page S5776]]
``(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.
``(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 purposes 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 provision of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this
subsection shall be subject to the provisions of paragraphs
(2) and (4).
``(9) Amounts collected under this subsection, under
subsection (h), or under any authority referred to in
subsection (i), 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) In 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.
``(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).
``(i) Nothing in subsection (g) or (h) shall be construed
as limiting any authority the Secretary otherwise has with
respect to payment and obtaining reimbursement for the costs
of medical treatment of an individual eligible under this
section for health care.''.
(b) Effective Date.--The authorities of this section shall
be effective beginning October 1, 1998.
SEC. 1134. NONOVERTIME DIFFERENTIAL PAY.
Title 5, 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
in lieu of Sunday as the day with respect to which additional
pay is authorized by the preceding sentence.''; and
(2) in section 5546(a), by adding at the end 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 in lieu of
Sunday as the day with respect to which additional pay is
authorized by the preceding sentence.''.
SEC. 1135. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) Foreign Affairs Reimbursement.--
(1) In general.--Section 701 of the Foreign Service Act of
1980 (22 U.S.C. 4021) is amended--
(A) by redesignating subsection (d)(4) as subsection (g);
and
(B) by inserting after subsection (d) the following new
subsections:
``(e)(1) The Secretary of State may, as a matter of
discretion, provide appropriate training and related services
through the institution to employees of United States
companies that are engaged in business abroad, and to the
families of such employees.
``(2) In the case of companies that are under contract to
provide services to the Department of State, the Secretary of
State is authorized to provide job-related training and
related services to the companies' employees who are
performing such services.
``(3) Training under this subsection shall be on a space-
available and reimbursable or advance-of-funds basis. Such
reimbursements or advances shall be credited to the currently
available applicable appropriation account.
``(4) Training and related services under this subsection
is authorized only to the extent that it will not interfere
with the institution's primary mission of training employees
of the Department and of other agencies in the field of
foreign relations.
``(5) Training under this subsection is not available for
foreign language services.
``(f)(1) The Secretary of State is authorized to provide on
a reimbursable basis training programs to Members of Congress
or the Judiciary.
``(2) Legislative Branch staff members and employees of the
Judiciary may participate on a reimbursable basis in training
programs offered by the institution.
``(3) Reimbursements collected under this subsection shall
be credited to the currently available applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and
of other agencies in the field of foreign relations.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 1997.
(3) Termination of program.--Effective October 1, 1999,
section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021) is amended by redesignating subsection (g) as
subsection (d)(4) and by striking subsections (e) and (f).
(b) Fees for Use of National Foreign Affairs Training
Center.--Title I of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2669 et seq.) is amended by adding at
the end the following new section:
``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS
TRAINING CENTER.
``The Secretary is authorized to charge a fee for use of
the Department of State's National Foreign Affairs Training
Center Facility. Fees collected under this section, including
reimbursements, surcharges and fees, 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.''.
(c) Reporting on Pilot Program.--One year after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on the
number of persons, including their business or government
affiliation, who have taken advantage of the pilot program
established under subsections (e) and (f) of section 701 of
the Foreign Service Act of 1980 and section 53 of the State
Department Basic Authorities Act of 1956, the amount of fees
collected, and the impact of the program on the primary
mission of the institute.
SEC. 1136. GRANTS TO OVERSEAS EDUCATIONAL FACILITIES.
Section 29 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2701) is amended by adding at the end the
following: ``Notwithstanding any other provision of law,
where the children of United States citizen employees of an
agency of the United States Government who are stationed
outside the United States attend educational facilities
assisted by the Department of State under this section, such
agency is authorized to make grants to, or otherwise to
reimburse or credit with advance payment, the Department of
State for funds used in providing assistance to such
educational facilities.''.
SEC. 1137. GRANTS TO REMEDY INTERNATIONAL CHILD ABDUCTIONS.
Section 7 of the International Child Abduction Remedies Act
(42 U.S.C. 11606; Public Law 100-300) is amended by adding at
the end the following new subsection:
``(e) Grant Authority.--The United States Central Authority
is authorized to make grants to, or enter into contracts or
agreements with, any individual, corporation, other Federal,
State, or local agency, or private entity or organization in
the United States for purposes of accomplishing its
responsibilities under the convention and this Act.''.
SEC. 1138. 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
[[Page S5777]]
ranked by promotion boards in the bottom five percent of
their class for any two of the five preceding years.
SEC. 1139. LAW ENFORCEMENT AVAILABILITY PAY.
(a) Law Enforcement Availability Pay.--Section 5545a of
title 5, United States Code, is amended--
(1) in subsection (a)(2), by striking ``(other than an
officer occupying a position under title II of Public Law 99-
399)'' and inserting ``, including any special agent of the
Diplomatic Security Service,''; and
(2) by amending subsection (h) to read as follows:
``(h) Availability pay under this section shall be--
``(1) 25 percent of the rate of basic pay for the position;
``(2) treated as part of basic pay for the purposes of--
``(A) sections 5595(c), 8114(e), 8331(3), 8431, and 8704(c)
of this title and section 856 of the Foreign Service Act of
1980; and
``(B) such other purposes as may be expressly provided for
by law or as the Office of Personnel Management may by
regulations prescribe; and
``(3) treated as part of salary for purposes of sections
609(b)(1), 805, and 806 of the Foreign Service Act of
1980.''.
(b) Conforming Amendment.--Section 5542(e) of title 5,
United States Code, is amended by inserting ``, or section
37(a)(3) of the State Department Basic Authorities Act of
1956,'' after ``section 3056(a) of title 18,''.
(c) Implementation.--Not later than the effective date of
this section, each special agent of the Diplomatic Security
Service under section 5545a of title 5, United States Code,
as amended by this section, and the appropriate supervisory
officer, to be designated by the Secretary of State, shall
make an initial certification to the Secretary of State that
the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State
may prescribe procedures necessary to administer this
subsection.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period which begins on or after the 90th day following
the date of enactment of this Act.
SEC. 1140. LAW ENFORCEMENT AUTHORITY OF DS SPECIAL AGENTS
OVERSEAS.
Section 37 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2709) is amended--
(1) by striking ``and'' at the end of subsection (a)(4);
(2) by striking the period at the end of subsection
(a)(5)(B) and inserting ``; and'';
(3) by adding at the end of subsection (a) the following:
``(6) conduct investigative leads or perform other law
enforcement duties at the request of any duly authorized law
enforcement agency while assigned to a United States Mission
outside the United States.
Requests for investigative assistance from State and local
law enforcement agencies under paragraph (6) shall be
coordinated with the Federal law enforcement agency having
jurisdiction over the subject matter for which assistance is
requested.''; and
(4) by adding at the end the following:
``(d) Agencies Not Affected.--Nothing in subsection (a)(6)
may be construed to limit or impair the authority or
responsibility of any other Federal or State law enforcement
agency with respect to its law enforcement functions.''.
SEC. 1141. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Sec. 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.''.
CHAPTER 4--CONSULAR AND RELATED ACTIVITIES
SEC. 1151. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33(2) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2705) is amended by adding at the end the
following: ``For purposes of this paragraph, the term
`consular officer' includes any employee of the Department of
State who is a United States citizen and who is designated by
the Secretary of State to adjudicate nationality abroad
pursuant to such regulations as the Secretary may
prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 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 employees of the Department of
State who are United States citizens 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.--
(1) Definition of consular officers.--Section 3492(c) of
title 18, United States Code, is amended by adding at the end
the following: ``For purposes of this section and sections
3493 through 3496 of this title, the term `consular officers'
includes any officer or employee of the United States
Government who is a United States citizen and who is
designated to perform notarial functions pursuant to section
24 of the Act of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C.
4221).''.
(2) Designated united states citizens performing notarial
acts.--Section 24 of the Act of August 18, 1856 (Rev. Stat.
1750; 22 U.S.C. 4221) is amended by inserting after the first
sentence: ``At any post, port, or place where there is no
consular officer, the Secretary of State may authorize any
other officer or employee of the United States Government
serving overseas including persons employed as United States
Government contractors, to perform such acts.''.
(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, the
term `consular officer' includes any officer or employee of
the United States Government who is a United States citizen
and who is 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) Naturalization Functions.--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
employee of the Department of State who is a United States
citizen and who is designated by the Secretary of State to
adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe.''.
SEC. 1152. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.
The Act of August 18, 1856 (Revised Statutes 1726-28; 22
U.S.C. 4212-14), concerning accounting for consular fees, is
repealed.
SEC. 1153. ELIMINATION OF DUPLICATE FEDERAL REGISTER
PUBLICATION FOR TRAVEL ADVISORIES.
(a) Foreign Airports.--Section 44908(a) of title 49, United
States Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Foreign Ports.--Section 908(a) of the International
Maritime and Port Security Act of 1986 (46 U.S.C. App.
1804(a)) is amended by striking the second sentence, relating
to Federal Register publication by the Secretary of State.
SEC. 1154. INADMISSIBILITY OF MEMBERS OF FORMER SOVIET UNION
INTELLIGENCE SERVICES.
Section 212(a)(3) of the Immigration and Naturalization Act
(8 U.S.C. 1182(a)(3)) is amended by adding at the end the
following new subparagraph:
``(F) Members of former soviet union intelligence
services.--Any alien who was employed by an intelligence
service of the Soviet Union prior to the dissolution of the
Soviet Union on December 31, 1991, is inadmissible, unless--
``(i) The Secretary of State, in consultation with the
Attorney General and the Director of Central Intelligence,
determines that it is in the national interest to admit the
alien; or
``(ii) The admission of the alien is for the purpose of the
alien's attendance at a scholarly conference or educational
meeting in the United States.''.
SEC. 1155. DENIAL OF VISAS TO ALIENS WHO HAVE CONFISCATED
PROPERTY CLAIMED BY NATIONALS OF THE UNITED
STATES.
(a) Denial of Visas.--Except as otherwise provided in
section 401 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114), and subject to
subsection (b), the Secretary of State may deny the issuance
of a visa to any alien who has confiscated or has directed or
overseen the confiscation or expropriation of property the
claim to which is owned by a national of the United States,
or converts or has converted for personal gain confiscated or
expropriated property the claim to which is owned by a
national of the United States.
(b) Exception.--This section shall not apply to claims
arising from any territory in dispute as a result of war
between United Nations member states in which the ultimate
resolution of the disputed territory has not been resolved.
(c) Reporting Requirement.--
(1) List of foreign nationals.--The Secretary of State
shall direct the United States chief of mission in each
country to provide the Secretary of State with a list of
foreign nationals in that country who have confiscated or
converted properties of nationals of the United States where
the cases of confiscated or converted properties of nationals
of the United States have not been fully resolved.
(2) Report.--Not later than 3 months after the date of
enactment of this Act and not later than every 6 months
thereafter, the Secretary of State shall submit to the
Appropriations and Foreign Relations Committees of the Senate
and the Appropriations and International Relations Committees
of the House of Representatives a report--
(A) listing foreign nationals who could have been denied a
visa under subsection (a) but were given a visa to travel to
the United States; and
(B) an explanation as to why the visa was given.
SEC. 1156. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL
CHILD ABDUCTORS.
(a) Amendment to Immigration and Nationality Act.--Section
212(a)(10)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(10)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii);
(2) by inserting after clause (i) the following:
``(ii) Aliens supporting abductors and relatives of
abductors.--Any alien who--
``(I) is known by the Department of State to have
intentionally assisted an alien in the conduct described in
clause (i),
``(II) is known by the Department of State to be
intentionally providing material support or safe haven to an
alien described in clause (i), or
[[Page S5778]]
``(III) is a spouse (other than the spouse who is the
parent of the abducted child), child (other than the abducted
child), parent, sibling, or agent of an alien described in
clause (i), as designated at the discretion of the Secretary
of State,
is inadmissible until the child described in clause (i) is
surrendered to the person granted custody by the order
described in that clause, and such person and child are
permitted to return to the United States. Nothing in clause
(i) or (ii) of this section shall be deemed to apply to a
government official of the United States who is acting within
the scope of his or her official duties. Nothing in clause
(i) or (ii) of this section shall be deemed to apply to a
government official of any foreign government if such person
has been designated by the Secretary of State at the
Secretary's discretion.'';
(3) in clause (i), by striking ``clause (ii)'' and
inserting ``clause (iii)''; and
(4) in clause (iii) (as redesignated), by striking ``Clause
(i)'' and inserting ``Clauses (i) and (ii)''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to aliens seeking admission to the United States
on or after the date of enactment of this Act.
TITLE XII--OTHER INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 1201. INTERNATIONAL CONFERENCES AND CONTINGENCIES.
There are authorized to be appropriated for ``International
Conferences and Contingencies'', $3,944,000 for the fiscal
year 1998 and $3,500,000 for the fiscal year 1999 for the
Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international
conferences and contingencies and to carry out other
authorities in law consistent with such purposes.
SEC. 1202. INTERNATIONAL COMMISSIONS.
There are authorized to be appropriated for ``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'', $18,200,000 for the
fiscal year 1998, and $18,200,000 for the fiscal year 1999;
and
(B) for ``Construction'', $6,463,000 for the fiscal year
1998, and $6,463,000 for the fiscal year 1999.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $785,000 for the fiscal year 1998, and
$785,000 for the fiscal year 1999.
(3) International joint commission.--For ``International
Joint Commission'', $3,225,000 for the fiscal year 1998, and
$3,225,000 for the fiscal year 1999.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,549,000 for the
fiscal year 1998, and $14,549,000 for the fiscal year 1999.
CHAPTER 2--GENERAL PROVISIONS
SEC. 1211. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
The United States may not participate in an international
criminal court with jurisdiction over crimes of an
international character except--
(1) pursuant to a treaty made in accordance with Article
II, section 2, clause 2 of the Constitution; or
(2) as specifically authorized by statute.
SEC. 1212. WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES.
(a) In General.--Of the funds made available for a foreign
country under part I of the Foreign Assistance Act of 1961,
an amount equivalent to 110 percent of the total unpaid fully
adjudicated parking fines and penalties owed to the District
of Columbia, the City of New York, and jurisdictions in the
States of Virginia and Maryland by such country as of the
date of enactment of this Act shall be withheld from
obligation for such country until the Secretary of State
certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are
fully paid to the governments of the District of Columbia,
the City of New York, and the States of Virginia and
Maryland, respectively.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
SEC. 1213. UNITED STATES MEMBERSHIP IN THE INTERPARLIAMENTARY
UNION.
(a) Interparliamentary Union Limitation.--The United States
shall either--
(1) pay no more than $500,000 in annual dues for membership
in the Interparliamentary Union in fiscal year 1998 and
fiscal year 1999; or
(2) formally withdraw from the Organization.
(b) Return of Appropriated Funds.--
(1) Prohibition.--None of the funds made available under
this Act to the Department of State may be used for
congressional participation in the International
Parliamentary Union.
(2) Transfer of funds.--Unobligated balances of
appropriations for the International Parliamentary Union
shall be transferred to, and merged with, funds available
under the ``Contributions for International Organizations''
appropriations account of the Department of State, to be
available only for payment in fiscal year 1998 of United
States assessed contributions to international organizations
covered by that account.
SEC. 1214. REPORTING OF FOREIGN TRAVEL BY UNITED STATES
OFFICIALS.
(a) Initial Reports.--
(1) Prohibition.--Except as provided in paragraph (2), none
of the funds made available under this Act may be used to
pay--
(A) the expenses of foreign travel by any officer or
employee of United States Executive agencies in attending any
international conference or in engaging in any other foreign
travel; or
(B) the routine services that a United States diplomatic
mission or consular post provides in support of travel by
such officer or employee,
unless, prior to the commencement of the travel, the
individual submits a report to the Director that states the
purpose, duration, and estimated cost of the travel.
(2) Exception.--Paragraph (1) shall not apply to--
(A) the President, the Vice President, or any person
traveling on a delegation led by the President or Vice
President, or any officer or employee of the Executive Office
of the President;
(B) the foreign travel of officers or employees of United
States Executive agencies who are carrying out intelligence
or intelligence-related activities, or law enforcement
activities;
(C) the deployment of members of the Armed Forces of the
United States; or
(D) any United States Government official engaged in a
sensitive diplomatic mission.
(b) Updated Reports.--Not later than 30 days after the
conclusion of any travel for which a report is required to be
submitted under subsection (a)(1), the officer or employee of
the United States shall submit an updated report to the
Director on the purpose, duration, or costs of the travel
from those indicated in the initial report.
(c) Quarterly Reports.--The Director shall submit a
quarterly report suitable for publication, containing the
information required in subsection (b) to the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and International Relations of
the House of Representatives.
(d) Emergency Waiver.--Subsection (a)(1) shall not apply if
the President determines that an emergency or other
unforeseen event necessitates the travel and thus prevents
the timely filing of the report required by that subsection,
however nothing in this section shall be interpreted to
authorize a waiver of subsection (a)(2)(b).
(e) Definitions.--For purposes of this section:
(1) Director.--The term ``Director'' means the Director of
the Office of International Conferences of the Department of
State.
(2) Executive agencies.--The term ``Executive agencies''
means those entities, other than the General Accounting
Office, defined in section 105 of title 5, United States
Code.
(3) Foreign travel.--The term ``foreign travel'' refers
to--
(A) travel between the United States and a foreign country
or territory except home leave; and
(B) in the case of personnel assigned to a United States
diplomatic mission or consular post in a foreign country or
territory, travel outside that country or territory.
(4) United states.--The term ``United States'' means the
several States and the District of Columbia and the
commonwealths, territories, and possessions of the United
States.
(f) Available Funds.--Funds available under section 1201
shall be available for purposes of carrying out this section.
SEC. 1215. SENSE OF THE SENATE ON USE OF FUNDS IN JAPAN-
UNITED STATES FRIENDSHIP TRUST FUND.
(a) Findings.--The Senate makes the following findings:
(1) The funds used to create the Japan-United States
Friendship Trust Fund established under section 3 of the
Japan-United States Friendship Act (22 U.S.C. 2902)
originated from payments by the Government of Japan to the
Government of the United States.
(2) Among other things, amounts in the Fund were intended
to be used for cultural and educational exchanges and
scholarly research.
(3) The Japan-United States Friendship Commission was
created to manage the Fund and to fulfill a mandate agreed
upon by the Government of Japan and the Government of the
United States.
(4) The statute establishing the Commission includes
provisions which make the availability of funds in the Fund
contingent upon appropriations of such funds.
(5) These provisions impair the operations of the
Commission and hinder it from fulfilling its mandate in a
satisfactory manner.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Japan-United States Friendship Commission shall be
able to use amounts in the Japan-United States Friendship
Trust Fund in pursuit of the original mandate of the
Commission; and
(2) the Office of Management and Budget should--
(A) review the statute establishing the Commission; and
(B) submit to Congress a report on whether or not
modifications to the statute are required in order to permit
the Commission to pursue fully its original mandate and to
use amounts in the Fund as contemplated at the time of the
establishment of the Fund.
[[Page S5779]]
TITLE XIII--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out international information
activities, and educational and cultural exchange programs
under the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, the National Endowment for Democracy Act, the United
States International Broadcasting Act of 1994, and to carry
out other authorities in law consistent with such purposes:
(1) ``International Information Programs'', $427,097,000
for the fiscal year 1998 and $427,097,000 for the fiscal year
1999.
(2) ``Educational and Cultural Exchange Programs'':
(A) For the ``Fulbright Academic Exchange Programs'',
$99,236,000 for the fiscal year 1998 and $99,236,000 for the
fiscal year 1999.
(B) For other educational and cultural exchange programs
authorized by law, $100,764,000 for the fiscal year 1998 and
$100,764,000 for the fiscal year 1999.
(3) ``International Broadcasting Activities'':
(A) For the activities of Radio Free Asia, $20,000,000 for
the fiscal year 1998 and $20,000,000 for the fiscal year
1999.
(B) For the activities of Broadcasting to Cuba, $22,095,000
for the fiscal year 1998 and $22,095,000 for the fiscal year
1999.
(C) For the activities of Radio Free Iran, $2,000,000 for
the fiscal year 1998 and $2,000,000 for the fiscal year 1999.
(D) For other ``International Broadcasting Activities'',
$331,168,000 for the fiscal year 1998 and $331,168,000 for
the fiscal year 1999.
(4) ``Radio Construction'', $37,710,000 for the fiscal year
1998 and $31,000,000 for the fiscal year 1999.
(5) ``Technology Fund'', $5,050,000 for the fiscal year
1998 and $5,050,000 for the fiscal year 1999.
(b) Vietnam Fulbright Scholarships.--Of the funds
authorized to be appropriated in subsection (a)(2)(A),
$5,000,000 is authorized to be appropriated for fiscal year
1998 and $5,000,000 is authorized to be appropriated for
fiscal year 1999 for the Vietnam scholarship program
established by section 229 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law
102-138).
(c) Center for Cultural and Technical Interchange Between
East and West.--There are authorized to be appropriated no
more than $10,000,000 for fiscal year 1998 and no more than
$10,000,000 for fiscal year 1999.
SEC. 1302. NATIONAL ENDOWMENT FOR DEMOCRACY.
There are authorized to be appropriated $30,000,000 for the
fiscal year 1998 and $30,000,000 for the fiscal year 1999 to
carry out the National Endowment for Democracy Act (title V
of Public Law 98-164), of which amount for each fiscal year
not more than 55 percent shall be available only for the
following organizations, in equal allotments:
(1) The International Republican Institute (IRI).
(2) The National Democratic Institute (NDI).
(3) The Free Trade Union Institute (FTUI).
(4) The Center for International Private Enterprise (CIPE).
CHAPTER 2--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 1311. AUTHORIZATION TO RECEIVE AND RECYCLE FEES.
Section 810 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1475e) is hereby
amended by adding ``educational advising and counselling,
Exchange Visitor Programs Services, advertising sold by the
Voice of America, receipts from cooperating international
organizations and from the privatization of VOA Europe''
after ``library services'' and before ``, and Agency-produced
publications,''.
SEC. 1312. APPROPRIATIONS TRANSFER AUTHORITY.
Section 701(f) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is
amended--
(1) in paragraph (1), by striking ``, for the second fiscal
year of any 2-year authorization cycle may be appropriated
for such second fiscal year'' and inserting ``for a fiscal
year may be appropriated for such fiscal year''; and
(2) by striking paragraph (4).
SEC. 1313. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.
Section 227(c)(5) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is
amended--
(1) by inserting in the first sentence ``journalism and
communications, education administration, public policy,
library and information science,'' immediately following
``business administration,''; and
(2) by inserting in the second sentence ``journalism and
communications, education administration, public policy,
library and information science,'' immediately following
``business administration,''.
SEC. 1314. AU PAIR EXTENSION.
Section 1(b) of Public Law 104-72 is amended by striking
``, through fiscal year 1997''.
SEC. 1315. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.
(a) Radio Free Iran.--Not more than $2,000,000 of the funds
made available under section 1301(a)(3) for each of the
fiscal years 1998 and 1999 for grants to RFE/RL,
Incorporated, shall be available only for surrogate radio
broadcasting by RFE/RL, Incorporated, to the Iranian people
in the Farsi language, such broadcasts to be designated as
``Radio Free Iran''.
(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Broadcasting Board of
Governors of the United States Information Agency shall
submit a detailed report to Congress describing the costs,
implementation, and plans for creation of the surrogate
broadcasting service to be designated as Radio Free Iran.
(c) Availability of Funds.--None of the funds made
available under subsection (a) may be made available until
submission of the report required under subsection (b).
SEC. 1316. VOICE OF AMERICA BROADCASTS.
(a) In General.--The Voice of America shall devote
programming time each day to broadcasting information on the
individual States of the United States. The broadcasts shall
include information on the products, and cultural and
educational facilities of each State, potential trade with
each State, and interactive discussions with State officials.
(b) Report.--Not later than July 1, 1998, the Broadcasting
Board of Governors of the United States Information Agency
shall submit a report to Congress detailing the actions that
have been taken to carry out subsection (a).
SEC. 1317. WORKING GROUP ON GOVERNMENT-SPONSORED
INTERNATIONAL EXCHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2460) is amended by adding at the end
the following new subsection:
``(g)(1) In order to carry out the purposes of subsection
(f) and to improve the coordination, efficiency and
effectiveness of Government-sponsored international exchanges
and training, there is established within the United States
Information Agency a senior-level inter-agency Working Group
on Government-Sponsored International Exchanges and Training
(in this section referred to as `the Working Group').
``(2) In this subsection, the term `Government-sponsored
international exchanges and training' refers to the movement
of people between countries to promote the sharing of ideas,
develop skills, and foster mutual understanding and
cooperation, financed wholly or in part, directly or
indirectly, with United States Government funds.
``(3) The Working Group shall consist of the Associate
Director of the Bureau, who shall act as Chairperson of the
Working Group, and comparable senior representatives
appointed by the Secretaries of State, Defense, Justice, and
Education, and by the Administrator of the United States
Agency for International Development. Other departments and
agencies shall participate in the Working Group's meetings at
the discretion of the Chairperson, and shall cooperate with
the Working Group to help accomplish the purposes of the
Working Group. The National Security Advisor and the Director
of the Office of Management and Budget may, at their
discretion, each appoint a representative to participate in
the Working Group. The Working Group shall be supported by an
interagency staff office established in the Bureau.
``(4) The Working Group shall have the following authority:
``(A) To collect, analyze and report data provided by all
United States Government departments and agencies conducting
international exchanges and training programs.
``(B) To promote greater understanding and cooperation
among concerned United States Government departments and
agencies of common issues and challenges in conducting
international exchanges and training programs, including
through the establishment of a clearinghouse of information
on international exchange and training activities in the
governmental and non-governmental sectors.
``(C) In order to achieve the most efficient and cost-
effective use of Federal resources, to identify
administrative and programmatic duplication and overlap of
activities by the various United States Government
departments and agencies involved in Government-sponsored
international exchange and training programs.
``(D) Not later than 1 year after the date of enactment of
the Foreign Relations Authorization Act, Fiscal Years 1998
and 1999, to submit a report on Government-sponsored
international exchange and training programs, along with the
findings of the Working Group made under subparagraph (c).
``(E) To develop strategies for expanding public and
private partnerships in, and leveraging private sector
support for, Government-sponsored international exchange and
training activities.
``(5) All reports prepared by the Working Group shall be
made to the President through the Director of the United
States Information Agency.
``(6) The Working Group shall meet at least on a quarterly
basis.
``(7) Four of the members of the Working Group shall
constitute a quorum. All decisions of the Working Group shall
be by majority vote of the members present and voting.
``(8) The members of the Working Group shall serve without
additional compensation for their service on the Working
Group, and any expenses incurred by a member of the Working
Group in connection with such member's service on the Working
Group shall be borne by the member's respective department or
agency.
``(9) If any member of the Working Group disagrees
regarding to any matter in a report prepared pursuant to this
subsection, the member may prepare a statement setting forth
the reasons for such disagreement and such statement shall be
appended to, and considered a part of, the report.''.
[[Page S5780]]
SEC. 1318. INTERNATIONAL INFORMATION PROGRAMS.
Section 704(c) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is
amended--
(1) in paragraph (3), by striking ``Salaries and Expenses''
and inserting ``the `International Information Programs'
appropriations account,''; and
(2) in paragraph (7), by striking ``the `Salaries and
Expenses' account'' and inserting ``the `International
Information Programs' appropriations account,''.
SEC. 1319. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK
PROGRAMS.
The Director of the United States Information Agency is
authorized to administer summer travel and work programs
without regard to preplacement requirements.
TITLE XIV--PEACE CORPS
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Peace Corps Act Amendments
of 1997''.
SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is
amended to read as follows:
``(b) There are authorized to be appropriated to carry out
the purposes of this Act $234,000,000 for fiscal year 1998,
which are authorized to remain available until September 30,
1999 and $234,000,000 for fiscal year 1999.''.
SEC. 1403. AMENDMENTS TO THE PEACE CORPS ACT.
(a) Terms and Conditions of Volunteer Service.--Section 5
of the Peace Corps Act (22 U.S.C. 2504) is amended--
(1) in subsection (f)(1)(B), by striking ``Civil Service
Commission'' and inserting ``Office of Personnel
Management'';
(2) in subsection (h), by striking ``the Federal Voting
Assistance Act of 1955'' and all that follows through the end
of the subsection and inserting ``sections 5584 and 5732 of
title 5, United States Code (and readjustment allowances paid
under this Act shall be considered as pay for purposes of
such section 5732), section 1 of the Act of June 4, 1920 (22
U.S.C. 214), and section 3342 of title 31, United States
Code.''; and
(3) in subsection (j), by striking ``section 1757 of the
Revised Statutes'' and all that follows through the end of
the subsection and inserting ``section 3331 of title 5,
United States Code.''.
(b) General Powers and Authorities.--Section 10 of such Act
(22 U.S.C. 2509) is amended--
(1) in subsection (a)(4), by striking ``31 U.S.C. 665(b)''
and inserting ``section 1342 of title 31, United States
Code''; and
(2) in subsection (a)(5), by striking ``: Provided, That''
and all that follows through the end of the paragraph and
inserting ``, except that such individuals shall not be
deemed employees for the purpose of any law administered by
the Office of Personnel Management.''.
(c) Utilization of Funds.--Section 15 of such Act (22
U.S.C. 2514) is amended--
(1) in the first sentence of subsection (c)--
(A) by striking ``Public Law 84-918 (7 U.S.C. 1881 et
seq.)'' and inserting ``subchapter VI of chapter 33 of title
5, United States Code (5 U.S.C. 3371 et seq.)''; and
(B) by striking ``specified in that Act'' and inserting
``or other organizations specified in section 3372(b) of such
title''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``section 9 of Public Law
60-328 (31 U.S.C. 673)'' and inserting ``section 1346 of
title 31, United States Code'';
(B) in paragraph (6), by striking ``without regard to
section 3561 of the Revised Statutes (31 U.S.C. 543)'';
(C) in paragraph (11)--
(i) by striking ``Foreign Service Act of 1946, as amended
(22 U.S.C. 801 et seq.),'' and inserting ``Foreign Service
Act of 1980 (22 U.S.C. 3901 et seq.)''; and
(ii) by striking ``and'' at the end;
(D) in paragraph (12), by striking the period at the end
and by inserting ``; and''; and
(E) by adding at the end the following:
``(13) the transportation of Peace Corps employees, Peace
Corps volunteers, dependents of employees and volunteers, and
accompanying baggage, by a foreign air carrier when the
transportation is between 2 places outside the United States
without regard to section 40118 of title 49, United States
Code.''.
(d) Prohibition on Use of Funds for Abortions.--Section 15
of such Act (22 U.S.C. 2514) is amended, as amended by this
Act, is further amended by adding at the end the following
new subsection:
``(e) Funds made available for the purposes of this Act may
not be used to pay for abortions.''.
TITLE XV--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 1501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act $39,000,000
for fiscal year 1998.
CHAPTER 2--AUTHORITIES
SEC. 1511. 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.''.
TITLE XVI--FOREIGN POLICY
SEC. 1601. 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 united states 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 United States 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. 1602. UNITED NATIONS MEMBERSHIP FOR BELARUS.
It is the sense of Congress that, if Belarus concludes a
treaty of unification with another country, the United States
Permanent Representative to the United Nations and the United
States Head of Delegation to the Organization for Security
and Cooperation in Europe should introduce resolutions
abrogating the sovereign status of Belarus within the United
Nations and the OSCE.
SEC. 1603. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS
THE CAPITAL OF ISRAEL.
(a) Authorization of Appropriations.--Of the amounts
authorized to be appropriated by section 1101(3) for
``Security and Maintenance of Buildings Abroad'', $25,000,000
for the fiscal year 1998 and $75,000,000 for the fiscal year
1999 are authorized to be appropriated for the construction
of a United States Embassy in Jerusalem, Israel.
[[Page S5781]]
(b) Limitation on Use of Funds for Consulate in
Jerusalem.--None of the funds authorized to be appropriated
by this Act may be expended for the operation of a United
States consulate or diplomatic facility in Jerusalem unless
such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of
the funds authorized to be appropriated by this Act may be
available for the publication of any official government
document which lists countries and their capital cities
unless the publication identifies Jerusalem as the capital of
Israel.
(d) Record of Place of Birth as Israel for Passport
Purposes.--For purposes of the registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon the request of the citizen,
record the place of birth as Israel.
SEC. 1604. SPECIAL ENVOY FOR TIBET.
(a) United States Special Envoy for Tibet.--The President
shall 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 shall--
(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. 1605. FINANCIAL TRANSACTIONS WITH STATE SPONSORS OF
INTERNATIONAL TERRORISM.
(a) Prohibited Transactions.--Section 2332d(a) of title 18,
United States Code, is amended--
(1) by striking ``Except as provided in regulations issued
by the Secretary of the Treasury, in consultation with the
Secretary of State, whoever'' and inserting ``(1) Except as
provided in paragraph (2), whoever'';
(2) by inserting ``of 1979'' after ``Export Administration
Act''; and
(3) by adding at the end the following:
``(2) Paragraph (1) does not apply to any financial
transaction--
``(A) engaged in by an officer or employee of the United
States acting within his or her official capacity;
``(B) for the sole purpose of providing humanitarian
assistance in a country designated under section 6(j) of the
Export Administration Act of 1979;
``(C) involving travel or other activity by any journalist
or other member of the news media in a country designated
under section 6(j) of the Export Administration Act of 1979;
or
``(D) within a class of financial transactions, and with a
specified country, covered by a determination of the
President stating that it is vital to the national security
interests of the United States that financial transactions of
that class and with that country be permitted.
``(3) Each determination under paragraph (2)(D) shall be
published in the Federal Register at least 15 days in advance
of the transaction and shall include a statement of the
determination, a detailed explanation of the types of
financial transactions permitted, the estimated dollar amount
of the financial transactions permitted, and an explanation
of the manner in which those financial transactions would
further the national interests of the United States.
``(4) The President shall submit a report to the Committees
on Foreign Relations and Appropriations of the Senate and the
Committees on International Relations and Appropriations of
the House of Representatives and the Speaker of the House of
Representatives containing any determination under paragraph
(2)(D) at least 30 days before the determination is to take
effect. Any such determination shall be effective only for a
period of 12 months but may be extended for an additional
period or periods of 12 months each.''.
(b) Definition.--Section 2332d(b) of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) the term `humanitarian assistance' includes, but is
not limited to, the provision of medicines and religious
materials; and''.
(c) Effective Date.--The amendments made by this section
shall apply to financial transactions entered into on or
after the date of enactment of this Act.
SEC. 1606. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE.
(a) In General.--The United States shall not expel,
extradite, or otherwise effect the involuntary return of any
person to a country in which there are reasonable grounds for
believing the person would be in danger of subjection to
torture.
(b) Definitions.--
(1) In general.--Except as otherwise provided, terms used
in this section have the meanings given such terms 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 Senate 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.
SEC. 1607. REPORTS ON THE SITUATION IN HAITI.
Section 3 of Public Law 103-423 is amended to read as
follows:
``SEC. 3. REPORTS.
``(a) Reporting Requirement.--Not later than January 1,
1998, and every six months thereafter, the President shall
submit a report to Congress on the situation in Haiti,
including--
``(1) a listing of the units of the United States Armed
Forces or Coast Guard and of the police and military units of
other nations participating in operations in and around
Haiti;
``(2) armed incidents or the use of force in or around
Haiti involving United States Armed Forces or Coast Guard
personnel during the period covered by the report;
``(3) the estimated cumulative cost, including incremental
cost, of all United States activities in and around Haiti
during the period covered by the report, including--
``(A) the cost of deployments of United States Armed Forces
and Coast Guard personnel training, exercises, mobilization,
and preparation activities, including the preparation of
police and military units of other nations of any
multilateral force involved in activities in and around
Haiti; and
``(B) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian
assistance, reconstruction assistance, assistance under part
I of the Foreign Assistance Act of 1961, and other financial
assistance, and all other costs to the United States
Government; and
``(4) a detailed accounting of the source of funds
obligated or expended to meet the costs described in
paragraph (3), including--
``(A) in the case of amounts expended out of funds
available to the Department of Defense budget, by military
service or defense agency, line item and program; and
``(B) in the case of amounts expended out of funds
available to departments and agencies other than the
Department of Defense, by department or agency and program.
``(b) Definition.--The term `period covered by the report'
means the six-month period prior to the date the report is
required to be submitted, except that, in the case of the
initial report, the term means the period since the date of
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999.''.
SEC. 1608. REPORT ON AN ALLIANCE AGAINST NARCOTICS
TRAFFICKING IN THE WESTERN HEMISPHERE.
(a) Sense of Congress on Discussions for Alliance.--
(1) Sense of congress.--It is the sense of Congress that
the President should discuss with the democratically-elected
governments of the Western Hemisphere, during the President's
trips in the region in 1997 and through other consultations,
the prospect of forming a multilateral alliance to address
problems relating to international drug trafficking in the
Western Hemisphere.
(2) Consultations.--In the consultations on the prospect of
forming an alliance described in paragraph (1), the President
should seek the input of such governments on the possibility
of forming one or more structures within the alliance--
(A) to develop a regional, multilateral strategy to address
the threat posed to nations in the Western Hemisphere by drug
trafficking; and
(B) to establish a new mechanism for improving multilateral
coordination of drug interdiction and drug-related law
enforcement activities in the Western Hemisphere.
(b) Report.--
(1) Requirement.--Not later than October 1, 1997, the
President shall submit to Congress a report on the proposal
discussed under subsection (a). The report shall include the
following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an evaluation
of the feasibility and advisability of forming the alliance.
(C) A determination in light of the analysis and assessment
whether or not the formation of the alliance is in the
national interests of the United States.
(D) If the President determines that the formation of the
alliance is in the national interests of the United States, a
plan for encouraging and facilitating the formation of the
alliance.
(E) If the President determines that the formation of the
alliance is not in the national interests of the United
States, an alternative proposal to improve significantly
efforts against the threats posed by narcotics trafficking in
the Western Hemisphere, including an explanation of how the
alternative proposal will--
(i) improve upon current cooperation and coordination of
counter-drug efforts among nations in the Western Hemisphere;
[[Page S5782]]
(ii) provide for the allocation of the resources required
to make significant progress in disrupting and disbanding the
criminal organizations responsible for the trafficking of
illegal drugs in the Western Hemisphere; and
(iii) differ from and improve upon past strategies adopted
by the United States Government which have failed to make
sufficient progress against the trafficking of illegal drugs
in the Western Hemisphere.
(2) Unclassified form.--The report under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 1609. REPORT ON GREENHOUSE GAS EMISSIONS AGREEMENT.
(a) Assessment of Proposed Agreement.--
(1) Assessment.--The President shall assess the effect on
the United States economy and environment of any quantified
objectives, targets, policies, or measures proposed for the
control, limitation, or reduction of greenhouse gas emissions
of Annex I Parties.
(2) Elements.--The assessment under paragraph (1) shall
include--
(A) an assessment of the costs and benefits to the United
States economy and the environment of pursuing a policy of
reducing greenhouse gas emissions;
(B) an assessment of the schedules for achieving reductions
in greenhouse gas emissions;
(C) an assessment of the ability of Annex I Parties to meet
the schedules identified under subparagraph (B);
(D) an assessment of the effect of increased greenhouse gas
emissions by non-Annex I Parties and all nonparticipating
nations on the overall effort to reduce greenhouse gas
emissions;
(E) an assessment of the long-term impact on the global
economy and the environment of increased greenhouse gas
emissions by Annex I Parties; and
(F) an assessment of consequences for employment, trade,
consumer activities, competitiveness, and the environment in
the United States of the requirements of paragraphs 3, 4, and
5 of Article 4 of the FCCC regarding the transfer by Annex I
Parties of financial resources, technology, and other
resources to non-Annex I Parties.
(b) Notification of Congress.--Not later than six months
before any vote by the parties to the FCCC on the final
negotiating text of a proposed agreement to reduce greenhouse
gas emissions under the FCCC, the President shall submit to
Congress a comprehensive analysis of the effect of the
proposed agreement on the United States economy and the
environment, including the assessments made under subsection
(a). To the extent practicable, the analysis shall include
the text and negotiating notes of the proposed agreement.
(c) Definitions.--For the purposes of this section--
(1) FCCC.--The term ``FCCC'' means the United Nations
Framework Convention on Climate Change, with annexes, done at
New York May 9, 1992.
(2) Annex i parties.--The term ``Annex I Parties'' means
the Developed Country Parties of the FCCC, including the
United States, Canada, the Russian Federation, the European
Union Countries, Australia, Japan, and countries undergoing
the process of transition to a market economy, as listed in
Annex I of the FCCC.
(3) Non-annex i parties.--The term ``Non-Annex I Parties''
means the developing countries (including China, India, South
Korea, Malaysia, Brazil, Mexico, other trading partners of
the United States, and the Small Island Countries) that are
parties to the FCCC but not listed in Annex I of the FCCC.
SEC. 1610. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
(a) Annual Report Concerning Diplomatic Immunity.--
(1) Report to congress.--The Secretary of State shall
prepare and submit to the Congress, annually, a report
concerning diplomatic immunity entitled ``Report on Cases
Involving Diplomatic Immunity''.
(2) Content of report.--In addition to such other
information as the Secretary of State may consider
appropriate, the report under paragraph (1) shall include the
following:
(A) The number of persons residing in the United States who
enjoy full immunity from the criminal jurisdiction of the
United States under laws extending diplomatic privileges and
immunities.
(B) Each case involving an alien described in subparagraph
(A) in which the appropriate authorities of a State, a
political subdivision of a State, or the United States
reported to the Department of State that the authority had
reasonable cause to believe the alien committed a serious
criminal offense within the United States.
(C) Each case in which the United States has certified that
a person enjoys full immunity from the criminal jurisdiction
of the United States under laws extending diplomatic
privileges and immunities.
(D) The number of United States citizens who are residing
in a receiving state and who enjoy full immunity from the
criminal jurisdiction of such state under laws extending
diplomatic privileges and immunities.
(E) Each case involving a United States citizen under
subparagraph (D) in which the United States has been
requested by the government of a receiving state to waive the
immunity from criminal jurisdiction of the United States
citizen.
(3) Serious criminal offense defined.--In this section, the
term ``serious criminal offense'' means--
(A) any felony under Federal, State, or local law;
(B) any Federal, State, or local offense punishable by a
term of imprisonment of more than 1 year;
(C) any crime of violence as defined for purposes of
section 16 of title 18, United States Code; or
(D) driving under the influence of alcohol or drugs or
driving while intoxicated if the case involves personal
injury to another individual.
(b) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary
of State should explore, in appropriate fora, whether states
should enter into agreements and adopt legislation--
(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from
the criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or
the sending state will prosecute such individual.
SEC. 1611. ITALIAN CONFISCATION OF PROPERTY CASE.
(a) Findings.--Congress makes the following findings:
(1) The United States and the Italian Republic signed the
Treaty of Friendship, Commerce and Navigation in 1948.
(2) Article V, paragraph 2 of the Treaty states that
property owned by nationals of either treaty partner shall
not be taken without ``due process of law and without the
prompt payment of just and effective compensation.''.
(3) The Italian Republic confiscated the property of an
American citizen, Mr. Pier Talenti, and has failed to
compensate Mr. Talenti for his property.
(4) The failure of the Italian government to compensate Mr.
Talenti runs counter to its treaty obligations and accepted
international standards.
(5) Mr. Talenti has exhausted all remedies available to him
within the Italian judicial system.
(6) To date, Mr. Talenti has not received ``just and
effective compensation'' from the Italian government as
called for in the Treaty.
(7) In view of the inability of Mr. Talenti to obtain any
recourse within the Italian judicial system, on August 5,
1996, the Department of State agreed to espouse Mr. Talenti's
claim and formally urged the Italian government to reach a
settlement with Mr. Talenti.
(b) Sense of Congress.--It is the sense of Congress that
the Italian Republic must honor its Treaty obligations with
regard to the confiscated property of Mr. Pier Talenti by
negotiating a prompt resolution of Mr. Talenti's case, and
that the Department of State should continue to press the
Italian government to resolve Mr. Talenti's claim.
SEC. 1612. DESIGNATION OF ADDITIONAL COUNTRIES ELIGIBLE FOR
NATO ENLARGEMENT ASSISTANCE.
(a) Designation of Additional Countries.--Effective 180
days after the date of the enactment of this Act, Romania,
Estonia, Latvia, Lithuania, and Bulgaria are each designated
as eligible to receive assistance under the program
established under section 203(a) of the NATO Participation
Act of 1994 and shall be deemed to have been so designated
pursuant to section 203(d)(1) of such Act, except that any
such country shall not be so designated if, prior to such
effective date, the President certifies to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate that the
country fails to meet the criteria under section 203(d)(3) of
the NATO Participation Act of 1994.
(b) Rule of Construction.--The designation of countries
pursuant to subsection (a) as eligible to receive assistance
under the program established under section 203(a) of the
NATO Participation Act of 1994--
(1) is in addition to the designation of other countries by
law or pursuant to section 203(d)(2) of such Act as eligible
to receive assistance under the program established under
section 203(a) of such Act; and
(2) shall not preclude the designation by the President of
other emerging democracies in Central and Eastern Europe
pursuant to section 203(d)(2) of such Act as eligible to
receive assistance under the program established under
section 203(a) of such Act.
(c) Sense of the Senate.--It is the sense of the Senate
that Romania, Estonia, Latvia, Lithuania, and Bulgaria--
(1) are to be commended for their progress toward political
and economic reform and meeting the guidelines for
prospective NATO members;
(2) would make an outstanding contribution to furthering
the goals of NATO and enhancing stability, freedom, and peace
in Europe should they become NATO members; and
(3) upon complete satisfaction of all relevant criteria
should be invited to become full NATO members at the earliest
possible date.
SEC. 1613. SENSE OF SENATE REGARDING UNITED STATES CITIZENS
HELD IN PRISONS IN PERU.
It is the sense of the Senate that--
(1) as a signatory of the International Covenant on Civil
and Political Rights, the Government of Peru is obligated to
grant prisoners timely legal proceedings pursuant to Article
9 of the International Covenant on Civil and Political Rights
which requires that ``anyone arrested or detained on a
criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power
and shall be entitled to trial within a reasonable time or to
release;'' and that ``anyone who is deprived of his liberty
by arrest or detention shall be entitled to take proceedings
before a court, in order that that court may decide without
delay on the lawfulness of his detention and order his
release if the detention is not lawful;''; and
[[Page S5783]]
(2) the Government of Peru should take all necessary steps
to ensure that any United States citizen charged with
committing a crime in that country is accorded open and fair
proceedings in a civilian court.
SEC. 1614. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO
HAVE BEEN INVOLVED IN EXTRAJUDICIAL AND
POLITICAL KILLINGS IN HAITI.
(a) Findings.--Congress makes the following findings:
(1) At the time of the enactment of this Act, there have
been over eighty extrajudicial and political killing cases
assigned to the Haitian Special Investigative Unit (SIU) by
the Government of Haiti. Furthermore, the government has
requested that the SIU investigate on a ``priority basis''
close to two dozen cases relating to extrajudicial and
political killings.
(2) President Jean-Bertrand Aristide lived in exile in the
United States after he was overthrown by a military coup on
September 30, 1991. During his exile, political and
extrajudicial killings occurred in Haiti including Aristide
financial supporter Antoine Izmery, who was killed on
September 11, 1993; Guy Malary, Aristide's Minister of
Justice, who was killed on October 14, 1993; and Father Jean-
Marie Vincent, a supporter of Aristide, was killed on August
28, 1992.
(3) President Aristide returned to Haiti on October 15,
1994, after some 20,000 United States troops, under the code
name Operation Uphold Democracy, entered Haiti as the lead
force in a multi-national force with the objective of
restoring democratic rule.
(4) From June 25, 1995, through October 1995, elections
were held where pro-Aristide candidates won a large share of
the parliamentary and local government seats.
(5) On March 28, 1995, a leading opposition leader to
Aristide, Attorney Mireille Durocher Bertin, and a client,
Eugene Baillergeau, were gunned down in Ms. Bertin's car.
(6) On May 22, 1995, Michel Gonzalez, Haitian businessman
and Aristide's next door neighbor, was killed in a drive-by
shooting after alleged attempts by Aristide to acquire his
property.
(7) After Aristide regained power, three former top Army
officers were assassinated: Colonel Max Mayard on March 10,
1995; Colonel Michelange Hermann on May 24, 1995; and
Brigadier General Romulus Dumarsais was killed on June 27,
1995.
(8) Presidential elections were held on December 17, 1995.
Rene Preval, an Aristide supporter, won, with 89 percent of
the votes cast, but with a low voter turnout of only 28
percent, and with many parties allegedly boycotting the
election. Preval took office on February 7, 1996.
(9) On March 6,1996, police and ministerial security guards
killed at least six men during a raid in Cite Soleil, a Port-
au-Prince slum.
(10) On August 20,1996, two opposition politicians, Jacques
Fleurival and Baptist Pastor Antoine Leroy were gunned down
outside Fleurival's home.
(11) Other alleged extrajudicial and political killings
include the deaths of Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, and Jean-Hubert Feuille.
(12) Although the Haitian Government claims to have
terminated from employment several suspects in the killings,
some whom have received training from United States advisors,
there has been no substantial progress made in the
investigation that has led to the prosecution of any of the
above-referenced extrajudicial and political killings.
(13) The expiration of the mandate of the United Nations
Support Mission in Haiti has been extended three times, the
last to July 31, 1997. The Administration has indicated that
a fourth extension through November 1997, may be necessary to
ensure the transition to a democratic government.
(b) Grounds for Exclusion.--The Secretary of State shall
deny a visa to, and the Attorney General shall exclude from
the United States, any alien who the Secretary of State has
reason to believe is a person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted, in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
Hubert Feuille;
(2) has been included in the list presented to former
president Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was a member of the Haitian presidential security unit
who has been credibly alleged to have ordered, carried out,
or materially assisted, in the extrajudicial and political
killings of Pastor Antoine Leroy and Jacques Fleurival, or
who was suspended by President Preval for his involvement in
or knowledge of the Leroy and Fleurival killings on August
20, 1996;
(4) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and were credibly alleged to have ordered, carried out,
or materially assisted, in those murders, per a June 28,
1995, letter to the then Minister of Justice of the
Government of Haiti, Jean-Joseph Exume;
(5) any member of the Haitian High Command during the
period 1991-1994, who has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in the September 1991 coup against the duly
elected government of Haiti (and his family members) or the
subsequent murders of as many as three thousand Haitians
during that period; or
(6) any individual who has been credibly alleged to have
been a member of the paramilitary organization known as FRAPH
who planned, ordered, or participated in acts of violence
against the Haitian people.
(c) Exemption.--This section shall not apply where the
Secretary of State finds, on a case by case basis, that the
entry into the United States of the person who would
otherwise be excluded under this section is necessary for
medical reasons, or such person has cooperated fully with the
investigation of these political murders. If the Secretary of
State exempts such a person, the Secretary shall notify the
appropriate congressional committees in writing.
(d) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list
of those who have been credibly alleged to have ordered or
carried out the extrajudicial and political killings
mentioned in paragraph (1) of subsection (b).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional
committees not later than three months after the date of
enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and
the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary shall submit a report under this
subsection not later than six months after the date of
enactment of this Act and not later than March 1 of each year
thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and
political killings and has not prosecuted those implicated
for the killings specified in paragraph (1) of subsection
(b).
(e) Definition.--In this section, 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.
SEC. 1615. SENSE OF THE SENATE ON ENFORCEMENT OF THE IRAN-
IRAQ ARMS NON-PROLIFERATION ACT OF 1992 WITH
RESPECT TO THE ACQUISITION BY IRAN OF C-802
CRUISE MISSILES.
(a) Findings.--The Senate makes the following findings:
(1) The United States escort vessel U.S.S. Stark was struck
by a cruise missile, causing the death of 37 United States
sailors.
(2) The China National Precision Machinery Import Export
Corporation is marketing the C-802 model cruise missile for
use against escort vessels such as the U.S.S. Stark.
(3) The China National Precision Machinery Import Export
Corporation has delivered 60 C-802 cruise missiles to Iran
for use by vessels of the Iranian Revolutionary Guard Navy.
(4) Iran is acquiring land batteries to launch C-802 cruise
missiles which will provide its armed forces with a weapon of
greater range, reliability, accuracy, and mobility than
before.
(5) Iran has acquired air launched C-802K cruise missiles
giving it a 360 degree attack capability.
(6) 15,000 members of the United States Armed Forces are
stationed within range of the C-802 cruise missiles being
acquired by Iran.
(7) The Department of State believes that ``[t]hese cruise
missiles pose new, direct threats to deployed United States
forces''.
(8) The delivery of cruise missiles to Iran is a violation
of the Iran-Iraq Arms Non-Proliferation Act of 1992 (50
U.S.C. 1701 note).
(9) The Clinton Administration ``has concluded at present
that the known types [of C-802 cruise missiles] are not of a
destabilizing number and type''.
(b) Sense of Senate.--It is the sense of the Senate to urge
the Clinton Administration to enforce the provisions of the
Iran-Iraq Arms Non-Proliferation Act of 1992 with respect to
the acquisition by Iran of C-802 model cruise missiles.
SEC. 1616. SENSE OF THE SENATE ON PERSECUTION OF CHRISTIAN
MINORITIES IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) The Senate finds that--
(1) Chinese law requires all religious congregations,
including Christian congregations, to ``register'' with the
Bureau of Religious Affairs, and Christian congregations,
depending on denominational affiliation, to be monitored by
either the ``Three Self Patriotic Movement Committee of the
Protestant Churches of China'', the ``Chinese Christian
Council'', the ``Chinese Patriotic Catholic Association'', or
the ``Chinese Catholic Bishops College'';
(2) the manner in which these registration requirements are
implemented and enforced allows the government to exercise
direct control over all congregations and their religious
activities, and also discourages congregants who fear
government persecution and harassment on account of their
religious beliefs;
(3) in the past several years, unofficial Protestant and
Catholic communities have been targeted by the Chinese
government in an effort to force all churches to register
with the government or face forced dissolution;
(4) this campaign has resulted in the beating and
harassment of congregants by Chinese public security forces,
the closure of churches, and numerous arrests, fines, and
criminal and administrative sentences. For example, as
reported by credible American and multinational
nongovernmental organizations--
(A) in February 1995, 500 to 600 evangelical Christians
from Jiangsu and Zhejiang Provinces met in Huaian, Jiangsu
Province. Public Security Bureau personnel broke up the
meeting, beat several participants, imprisoned several of the
organizers, and levied severe fines on others;
(B) in April 1996 government authorities in Shanghai closed
more than 300 home churches or meeting places;
(C) from January through May 1996, security forces fanned
out through northern Hebei Province, a Catholic stronghold,
in order to prevent
[[Page S5784]]
an annual attendance at a major Marian shrine by arresting
clergy and lay Catholics and confining prospective attendees
to their villages;
(D) a communist party document dated November 20, 1996
entitled ``The Legal Procedures for Implementing the
Eradication of the Illegal Activities of the Underground
Catholic Church'' details steps for eliminating the Catholic
movement in Chongren, Xian, Fuzhou and Jiangxi Provinces and
accuses believers of ``seriously disturbing the social order
and affecting [the] political stability'' of the country; and
(E) in March 1997, public security officials raided the
home of the ``underground'' Bishop of Shanghai, confiscating
religious articles and $2,500 belonging to the church.
(b) It is, therefore, the sense of the Senate that--
(1) the government of the People's Republic of China be
urged to release from incarceration all those held for
participation in religious activities outside the aegis of
the official churches, and cease prosecuting or detaining
those who participate in such religious activities;
(2) the government of the People's Republic of China be
urged to abolish its present church registration process;
(3) the government of the People's Republic of China fully
adhere to the religious principles protected by the United
Nations Universal Declaration of Human Rights; and
(4) the Administration should raise the United States
concerns over the persecution of Protestant and Catholic
believers with the government of the People's Republic of
China, including at the proposed state visit by President
Jiang Zemin to the United States, and at other high-level
meetings which may take place.
SEC. 1617. SENSE OF CONGRESS REGARDING THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The West's victory in the Cold War dramatically changed
the political and national security landscape in Europe.
(2) The unity, resolve, and strength of the North Atlantic
Treaty Organization was the principal factor behind that
victory.
(3) The North Atlantic Treaty was signed in April 1949 and
created the most successful defense alliance in history.
(4) The President of the United States and leaders of other
NATO countries have indicated their intention to enlarge
alliance membership to include at least three new countries.
(5) The Senate expressed its approval of the enlargement
process by voting 81-16 in favor of the NATO Enlargement
Facilitation Act of 1996.
(6) The United States is bound by Article Five of the North
Atlantic Treaty to respond to an attack on any NATO member as
it would to an attack on the United States itself.
(7) Although the prospect of NATO membership has provided
the impetus for several countries to resolve long standing
disputes, the North Atlantic Treaty does not provide for a
formal dispute resolution process by which members can
resolve differences among themselves without undermining
Article Five obligations.
(b) Sense of Congress.--It is the sense of Congress that
the North Atlantic Treaty Organization should consider a
formal dispute resolution process within the Alliance prior
to its December 1997 ministerial meeting.
SEC. 1618. JAPAN-UNITED STATES FRIENDSHIP COMMISSION.
(a) Relief From Restriction of Interchangeability of
Funds.--
(1) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except''
and all that follows through ``United States'' and inserting
``needed''.
(2) The second sentence of section 7(b) of the Japan-United
States Friendship Act (22 U.S.C. 2906(b)) is amended to read
as follows: ``Such investment may be made only in interest-
bearing obligations of the United States, in obligations
guaranteed as to both principal and interest by the United
States, in interest-bearing obligations of Japan, or in
obligations guaranteed as to both principal and interest by
Japan.''.
(b) Revision of Name of Commission.--
(1) The Japan-United States Friendship Commission is hereby
designated as the ``United States-Japan Commission''. Any
reference in any provision of law, Executive order,
regulation, delegation of authority, or other document to the
Japan-United States Friendship Commission shall be deemed to
be a reference to the United States-Japan Commission.
(2) The Japan-United States Friendship Act (22 U.S.C. 2901
et seq.) is amended by striking ``Japan-United States
Friendship Commission'' each place it appears and inserting
``United States-Japan Commission''.
(3) The heading of section 4 of the Japan-United States
Friendship Act (22 U.S.C. 2903) is amended to read as
follows:
``united states-japan commission''.
(c) Revision of Name of Trust Fund.--
(1) The Japan-United States Friendship Trust Fund is hereby
designated as the ``United States-Japan Trust Fund''. Any
reference in any provision of law, Executive order,
regulation, delegation of authority, or other document to the
Japan-United States Friendship Trust Fund shall be deemed to
be a reference to the United States-Japan Trust Fund.
(2)(A) Subsection (a) of section 3 of the Japan-United
States Friendship Act (22 U.S.C. 2902) is amended by striking
``Japan-United States Friendship Trust Fund'' and inserting
``United States-Japan Trust Fund''.
(B) The section heading of that section is amended to read
as follows:
``united states-japan trust fund''.
SEC. 1619. AVIATION SAFETY.
It is the sense of Congress that the need for cooperative
efforts in transportation and aviation safety be placed on
the agenda for the Summit of the Americas to be held in
Santiago, Chile, in March 1998. Since April 1996, when
ministers and transportation officials from 23 countries in
the Western Hemisphere met in Santiago, Chile, in order to
develop the Hemispheric Transportation Initiative, aviation
safety and transportation standardization has become an
increasingly important issue. The adoption of comprehensive
Hemisphere-wide measures to enhance transportation safety,
including standards for equipment, infrastructure, and
operations as well as harmonization of regulations relating
to equipment, operations, and transportation safety are
imperative. This initiative will increase the efficiency and
safety of the current system and consequently facilitate
trade.
SEC. 1620. SENSE OF THE SENATE ON UNITED STATES POLICY TOWARD
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--Congress makes the followings findings:
(1) As the world's leading democracy, the United States
cannot ignore the Government of the People's Republic of
China's record on human rights and religious persecution.
(2) According to Amnesty International, ``A fifth of the
world's people are ruled by a government that treats
fundamental human rights with contempt. Human rights
violations continue on a massive scale.''.
(3) According to Human Rights Watch/Asia reported that:
``Unofficial Christian and Catholic communities were targeted
by the government during 1996. A renewed campaign aimed at
forcing all churches to register or face dissolution,
resulted in beating and harassment of congregants, closure of
churches, and numerous arrests, fines, and sentences. In
Shanghai, for example, more than 300 house churches or
meeting points were closed down by the security authorities
in April alone.''.
(4) The People's Republic of China's compulsory family
planning policies include forced abortions.
(5) China's attempts to intimidate Taiwan and the
activities of its military, the People's Liberation Army,
both in the United States and abroad, are of major concern.
(6) The Chinese government has threatened international
stability through its weapons sales to regimes, including
Iran and Iraq, that sponsor terrorism and pose a direct
threat to American military personnel and interests.
(7) The efforts of two Chinese companies, the China North
Industries Group (NORINCO) and the China Poly Group (POLY),
deserve special rebuke for their involvement in the sale of
AK-47 machine guns to California street gangs.
(8) Allegations of the Chinese government's involvement in
our political system may involve both civil and criminal
violations of our laws.
(9) The Senate is concerned that China may violate the 1984
Sino-British Joint Declaration transferring Hong Kong from
British to Chinese rule by limiting political and economic
freedom in Hong Kong.
(10) The Senate strongly believes time has come to take
steps that would signal to Chinese leaders that religious
persecution, human rights abuses, forced abortions, military
threats and weapons proliferation, and attempts to influence
American elections are unacceptable to the American people.
(11) The United States should signal its disapproval of
Chinese government actions through targeted sanctions, while
at the same time encouraging worthwhile economic and cultural
exchanges that can lead to positive change in China.
(b) Sense of the Senate.--It is the sense of the Senate
that the United States should--
(1) limit the granting of United States visas to Chinese
government offices who work in entities the implementation of
China's laws and directives on religious practices and
coercive family planning, and those officials materially
involved in the massacre of Chinese students in Tiananmen
square;
(2) limit United States taxpayer subsidies for the Chinese
government through multilateral development institutions such
as the World Bank, Asian Development Bank, and the
International Monetary Fund;
(3) publish a list of all companies owned in part or wholly
by the People's Liberation Army (PLA) of the Chinese
government who export to, or have an office in, the United
States;
(4) consider imposing targeted sanctions on NORINCO and
POLY by not allowing them to export to, nor to maintain a
physical presence in, the United States for a period of one
year; and
(5) promote democratic values in China by increasing United
States Government funding of Radio Free Asia, the National
Endowment for Democracy's programs in China and existing
student, cultural, and legislative exchange programs between
the United States and the People's Republic of China.
SEC. 1621. SENSE OF THE SENATE ENCOURAGING PROGRAMS BY THE
NATIONAL ENDOWMENT FOR DEMOCRACY REGARDING THE
RULE OF LAW IN CHINA.
(a) Findings.--
(1) The establishment of the rule of law is a necessary
prerequisite for the success of democratic governance and the
respect for human rights.
(2) In recent years efforts by the United States and United
States-based organizations, including the National Endowment
for Democracy, have been integral to legal training and the
promotion of the rule of law in China drawing upon both
western and Chinese experience and tradition.
(3) The National Endowment for Democracy has already begun
to work on these issues, including funding a project to
enable independent scholars in China to conduct research on
constitutional reform issues and the Hong Kong-China Law
Database Network.
[[Page S5785]]
(b) Sense of the Senate.--It is the Sense of the Senate to
encourage the National Endowment for Democracy to expand its
activities in China and Hong Kong on projects which encourage
the rule of law, including the study and dissemination of
information on comparative constitutions, federalism, civil
codes of law, civil and penal code reform, legal education,
freedom of the press, and contracts.
SEC. 1622. CONCERNING THE PALESTINIAN AUTHORITY.
(a) Congress finds that:
(1) The Palestinian Authority Justice Minister Freih Abu
Medein announced in April 1997 that anyone selling land to
Jews was committing a crime punishable by death.
(2) Since this announcement, three Palestinians were
allegedly murdered in the Jerusalem and Ramallah areas for
selling real estate to Jews.
(3) Israeli police managed to foil the attempted abduction
of a fourth person.
(4) Israeli security services have acquired evidence
indicating that the intelligence services of the Palestinian
Authority were directly involved in at least two of these
murders.
(5) Subsequent statements by high-ranking Palestinian
Authority officials have justified these murders, further
encouraging this intolerable policy.
(b) It is the sense of the Congress that--
(1) the Secretary of State should thoroughly investigate
the Palestinian Authority's role in any killings connected
with this policy and should immediately report its findings
to the Congress;
(2) the Palestinian Authority, with Yasser Arafat as its
chairman, must immediately issue a public and unequivocal
statement denouncing these acts and reversing this policy;
(3) this policy is an affront to all those who place high
value on peace and basic human rights; and
(4) the United States should renew the provision of
assistance to the Palestinian Authority in light of this
policy.
SEC. 1623. AUTHORIZATION OF APPROPRIATIONS FOR FACILITIES IN
BEIJING AND SHANGHAI.
Of the amounts authorized to be appropriated pursuant to
section 1101 in this Act, up to $90,000,000 are authorized to
be appropriated for the renovation, acquisition and
construction of housing and secure diplomatic facilities at
the United States Embassy in Beijing and the United States
Consulate in Shanghai, People's Republic of China.
SEC. 1624. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (Public Law
104-208; 110 Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for purposes'';
and
(B) by striking ``fiscal year 1997'' and inserting ``fiscal
years 1997 and 1998''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.-- An alien described in this subsection
is an alien who--
``(A) is the son or daughter of a qualified national;
``(B) is 21 years of age or older; and
``(C) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
``(2) Qualified national.--For purposes of paragraph (1),
the term `qualified national' means a national of Vietnam
who--
``(A)(i) was formerly interned in a reeducation camp in
Vietnam by the Government of the Socialist Republic of
Vietnam; or
``(ii) is the widow or widower of an individual described
in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
``(ii) on or after April 1, 1995, is accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the Orderly
Departure Program.''.
DIVISION C--UNITED NATIONS REFORM
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``United Nations Reform
Act of 1997''.
SEC. 2002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
(2) Designated specialized agency defined.--In this
section, the term ``designated specialized agency'' refers to
the International Labor Organization, the World Health
Organization, and the Food and Agriculture Organization.
(3) Secretary general.--The term ``Secretary General''
means the Secretary General of the United Nations.
(4) United nations member.--The term ``United Nations
member'' means any country that is a member of the United
Nations.
(5) United nations peace operation.--The term ``United
Nations peace operation'' means any United Nations-led peace
operation paid for from the assessed peacekeeping budget and
authorized by the Security Council.
SEC. 2003. NONDELEGATION OF CERTIFICATION REQUIREMENTS.
The Secretary of State may not delegate the authority in
this division to make any certification.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
SEC. 2101. ASSESSED CONTRIBUTIONS TO THE UNITED NATIONS AND
AFFILIATED ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated under the heading ``Assessed Contributions
to International Organizations'' $938,000,000 for the fiscal
year 1998 and $900,000,000 for the fiscal year 1999 for the
Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international
organizations and to carry out other authorities in law
consistent with such purposes. Of the funds made available
under this subsection $3,000,000 for the fiscal year 1998 and
$3,000,000 for the fiscal year 1999 are authorized to be
appropriated only for a United States contribution to the
United Nations Voluntary Fund for Victims of Torture.
(b) No Growth Budget.--Of the funds made available under
subsection (a), $80,000,000 may be made available during each
fiscal year only on a semi-annual basis and only after the
Secretary of State certifies on a semi-annual basis that the
United Nations has taken no action during the preceding six
months to increase funding for any United Nations program
without identifying an offsetting decrease during that six
month period elsewhere in the United Nations budget of
$2,533,000,000 and cause the United Nations to exceed its
budget for the biennium 1998-99 adopted in December 1997.
(c) Inspector General of the United Nations.--
(1) Withholding of funds.--Twenty percent of the funds made
available in each fiscal year under subsection (a) for the
assessed contribution of the United States to the United
Nations shall be withheld from obligation and expenditure
until a certification is made under paragraph (2).
(2) Certification.--A certification under this paragraph is
a certification by the Secretary of State in the fiscal year
concerned that the following conditions are satisfied:
(A) Action by the united nations.--The United Nations--
(i) has met the requirements of paragraphs (1) through (6)
of section 401(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note); and
(ii) has established procedures that require the Under
Secretary General of the Office of Internal Oversight Service
to report directly to the Secretary General on the adequacy
of the Office's resources to enable the Office to fulfill its
mandate.
(B) Action by oios.--The Office of Internal Oversight
Services has authority to audit, inspect, or investigate each
program, project, or activity funded by the United Nations,
and each executive board created under the United Nations has
been notified, in writing, of that authority.
(d) Prohibition on Certain Global Conferences.--Funds made
available under subsection (a) shall be withheld from
disbursement until the Secretary of State certifies to
Congress that the United States has not contributed any funds
authorized to be appropriated in subsection (a) to pay for
any expenses related to the holding of a United Nations
Global Conference.
(e) Reduction in Number of Posts.--
(1) Fiscal year 1998.--Of the funds appropriated for fiscal
year 1998 for the United Nations pursuant to subsection (a),
$50,000,000 shall be withheld from disbursement until the
Secretary of State certifies to Congress that the number of
posts established under the 1998-99 regular budget of the
United Nations and authorized by the General Assembly has
been reduced by at least 1,000 posts from those authorized by
the 1996-97 biennium, as a result of a suppression of that
number of posts.
(2) Fiscal year 1999.--Of the funds appropriated for fiscal
year 1999 for the United Nations, pursuant to subsection (a),
$50,000,000 shall be withheld from disbursement until the
Secretary of State certifies to Congress that the 1998-99
United Nations budget contains a vacancy rate of not less
than 5 percent for professional staff and not less than 2.5
percent for general services staff.
(f) Prohibition on Funding Organizations Other Than United
Nations.--None of the funds made available under subsection
(a) shall be available for disbursement until the Secretary
of State certifies to Congress that no portion of the United
States contribution will be used to fund any other
organization other than the United Nations out of the United
Nations regular budget, including the Framework Convention on
Global Climate Change and the International Seabed Authority.
(g) Limitation.--
(1) In general.--The total amount of funds made available
for all United States memberships in international
organizations under the heading ``Assessed Contributions to
International Organizations'' may not exceed $900,000,000 for
each of fiscal years 1999 and 2000.
(h) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated by subsection (a),
there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 1998 and 1999 to offset
adverse fluctuations in foreign currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of
Management and Budget determines and certifies to Congress
that such amounts are necessary due to such fluctuations.
(i) Refund of Excess Contributions.--The United States
shall continue to insist that the
[[Page S5786]]
United Nations and its specialized and affiliated agencies
shall establish and implement a procedure to credit or refund
to each member of the agency concerned its proportionate
share of the amount by which the total contributions to the
agency exceed the expenditures of the regular assessed
budgets of these agencies.
SEC. 2102. UNITED NATIONS POLICY ON ISRAEL AND THE
PALESTINIANS.
(a) Congressional Statement.--It shall be the policy of the
United States to promote an end to the persistent inequity
experienced by Israel in the United Nations whereby Israel is
the only longstanding member of the organization to be denied
acceptance into any of the United Nation's regional blocs.
(b) Policy on Abolition of Certain United Nations Groups.--
It shall be the policy of the United States to seek abolition
of certain United Nations groups the existence of which is
inimical to the ongoing Middle East peace process, those
groups being the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian
People and other Arabs of the Occupied Territories; the
Committee on the Exercise of the Inalienable Rights of the
Palestinian People; the Division for the Palestinian Rights;
and the Division on Public Information on the Question of
Palestine.
(c) Consultations with Congress.--Not later than 90 days
after the date of the enactment of this Act and on a semi-
annual basis thereafter, the Secretary of State shall consult
with the appropriate congressional committees (in classified
or unclassified form as appropriate) on--
(1) actions taken by representatives of the United States
to encourage the nations of the Western Europe and Others
Group (WEOG) to accept Israel into their regional bloc;
(2) specific responses received by the Secretary of State
from each of the nations of the Western Europe and Others
Group (WEOG) on their position concerning Israel's acceptance
into their organization;
(3) other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations; and
(4) steps taken by the United States to secure abolition by
the United Nations of groups under subsection (b).
SEC. 2103. ASSESSED CONTRIBUTIONS FOR INTERNATIONAL
PEACEKEEPING ACTIVITIES.
(a) Authorization of Appropriations.--There are authorized
to be appropriated under the heading ``Assessed Contributions
for International Peacekeeping Activities'' $200,000,000 for
the fiscal year 1998 and $205,000,000 for the fiscal year
1999 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States with
respect to international peacekeeping activities and to carry
out other authorities in law consistent with such purposes.
(b) Codification of Required Notice of Proposed United
Nations Peacekeeping Operations.--
(1) Codification.--Section 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b) is amended--
(A) in subsection (a), by striking the second sentence;
(B) by striking subsection (e); and
(C) by adding after subsection (d) the following new
subsections:
``(e) Consultations and Reports on United Nations
Peacekeeping Operations.--
``(1) Consultations.--Each month the President shall
consult with Congress on the status of United Nations
peacekeeping operations.
``(2) Information to be provided.--In connection with such
consultations, the following information shall be provided
each month to the designated congressional committees:
``(A) With respect to ongoing United Nations peacekeeping
operations, the following:
``(i) A list of all resolutions of the United Nations
Security Council anticipated to be voted on during such month
that would extend or change the mandate of any United Nations
peacekeeping operation.
``(ii) For each such operation, any changes in the
duration, mandate, and command and control arrangements that
are anticipated as a result of the adoption of the
resolution.
``(iii) An estimate of the total cost to the United Nations
of each such operation for the period covered by the
resolution, and an estimate of the amount of that cost that
will be assessed to the United States.
``(iv) Any anticipated significant changes in United States
participation in or support for each such operation during
the period covered by the resolution (including the provision
of 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 the estimated costs to the
United States of such changes.
``(B) With respect to each new United Nations peacekeeping
operation that is anticipated to be authorized by a Security
Council resolution during such month, the following
information for the period covered by the resolution:
``(i) The anticipated duration, mandate, the command and
control arrangements of such operation, the planned exit
strategy, and the vital national interest to be served.
``(ii) An estimate of the total cost to the United Nations
of the operation, an estimate of the amount of that cost that
will be assessed to the United States, and a notice of intent
to submit a reprogramming of funds to cover that cost.
``(iii) A description of the functions that would be
performed by any United States Armed Forces participating in
or otherwise operating in support of the operation, an
estimate of the number of members of the Armed Forces that
will participate in or otherwise operate in support of the
operation, and an estimate of the cost to the United States
of such participation or support.
``(iv) A description of any other United States assistance
to or support for the operation (including the provision of
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.
``(3) Form and timing of information.--
``(A) Form.--The President shall submit information under
clauses (i) and (iii) of paragraph (2)(A) in writing.
``(B) Timing.--
``(i) In general.--The information required under paragraph
(2)(A) for a month shall be submitted not later than the 10th
day of the month.
``(ii) Particular information.--The information required
under paragraph (2)(B) shall be submitted in writing not less
than 15 days before the anticipated date of the vote on the
resolution concerned or, if a 15-day advance submission is
not practicable, in as far advance of the vote as is
practicable.
``(4) New united nations peacekeeping operation defined.--
As used in paragraph (2), the term `new United Nations
peacekeeping operation' includes any existing or otherwise
ongoing United Nations peacekeeping operation--
``(A) in the case of an operation in existence, where the
authorized force strength is to be expanded by more than 15
percent in an operation of less than 200 military or police
personnel, or 10 percent in an operation of more than 200
military or police personnel during the period covered by the
Security Council resolution;
``(B) that is to be authorized to operate in a country in
which it was not previously authorized to operate; or
``(C) the mandate of which is to be changed so that the
operation would be engaged in significant additional or
different functions.
``(5) Notification and quarterly reports regarding united
states assistance.--
``(A) Notification of certain assistance.--
``(i) In general.--The President shall notify the
designated congressional committees at least 15 days before
the United States provides any assistance to the United
Nations to support peacekeeping operations.
``(ii) Exception.--This subparagraph does not apply to--
``(I) assistance having a value of less than $3,000,000 in
the case of nonreimbursable assistance or less than
$14,000,000 in the case of reimbursable assistance; or
``(II) assistance provided under the emergency drawdown
authority of sections 506(a)(1) and 552(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and
2348a(c)(2)).
``(B) Quarterly reports.--
``(i) In general.--The President shall submit quarterly
reports to the designated congressional committees on all
assistance provided by the United States during the preceding
calendar quarter to the United Nations to support
peacekeeping operations.
``(ii) Matters included.--Each report under this
subparagraph shall describe the assistance provided for each
such operation, listed by category of assistance.
``(iii) Fourth quarter report.--The report under this
subparagraph for the fourth calendar quarter of each year
shall be submitted as part of the annual report required by
subsection (d) and shall include cumulative information for
the preceding calendar year.
``(f) Designated Congressional Committees.--In this
section, the term `designated congressional committees' means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives.''.
(2) Conforming repeal.--Subsection (a) of section 407 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 22 U.S.C. 287b note; 108 Stat.
448) is repealed.
(c) Relationship to Other Notice Requirements.--Section 4
of the United Nations Participation Act of 1945, as amended
by subsection (c), is further amended by adding at the end
the following:
``(g) Relationship to Other Notification Requirements.--
Nothing in this section is intended to alter or supersede any
notification requirement with respect to peacekeeping
operations that is established under any other provision of
law.''.
SEC. 2104. DATA ON COSTS INCURRED IN SUPPORT OF UNITED
NATIONS PEACE AND SECURITY OPERATIONS.
Chapter 6 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2348 et seq.) is amended by adding at the end the
following:
``SEC. 555. DATA ON COSTS INCURRED IN SUPPORT OF UNITED
NATIONS PEACE AND SECURITY OPERATIONS.
``(a) United States Costs.--The United States shall
annually provide to the Secretary General of the United
Nations data regarding all costs incurred by the United
States in support of all United Nations authorized operations
in support of international peace and security.
``(b) United Nations Member Costs.--The United States shall
request that the United Nations compile and publish
information concerning costs incurred by United Nations
members in support of such operations.''.
SEC. 2105. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY
THE UNITED STATES TO THE UNITED NATIONS.
(a) Requirement To Obtain Reimbursement.--
[[Page S5787]]
(1) In general.--Except as provided in paragraph (2), the
President shall seek and obtain a commitment from the United
Nations to provide reimbursement to the United States from
the United Nations in a timely fashion whenever the United
States Government furnishes assistance pursuant to the
provisions of law described in subsection (c)--
(A) to the United Nations;
(B) for any United Nations peacekeeping operation that is
authorized by the United Nations Security Council under
Chapter VI or Chapter VII of the United Nations Charter and
paid for by peacekeeping or regular budget assessment of the
United Nations members; or
(C) to any country participating in any operation
authorized by the United Nations Security Council under
Chapter VI or Chapter VII of the United Nations Charter and
paid for by peacekeeping assessments of United Nations
members when the assistance is designed to facilitate or
assist the participation of that country in the operation.
(2) Exception.--The requirement in paragraph (1) shall not
apply to--
(A) expenses incurred by the United States for the direct
benefit of the United States Armed Forces;
(B) assistance having a value of less than $3,000,000 per
fiscal year per operation; or
(C) assistance furnished before the date of enactment of
this Act.
(3) Form and amount.--
(A) Amount.--The amount of any reimbursement under this
subsection shall be determined at the usual rate established
by the United Nations.
(B) Form.--Reimbursement under this subsection may include
credits against the United States assessed contributions for
United States peacekeeping operations, if the expenses
incurred by any United States department or agency providing
the assistance have first been reimbursed.
(b) Treatment of Reimbursements.--
(1) Credit.--The amount of any reimbursement paid the
United States under subsection (a) shall be credited to the
current applicable appropriation, fund, or account of the
United States department or agency providing the assistance
for which the reimbursement is paid.
(2) Availability.--Amounts credited under paragraph (1)
shall be merged with the appropriations, or with
appropriations in the fund or account, to which credited and
shall be available for the same purposes, and subject to the
same conditions and limitations, as the appropriations with
which merged.
(c) Covered Assistance.--Subsection (a) assistance provided
under the following provisions of law:
(1) Sections 6 and 7 of the United Nations Participation
Act of 1945.
(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the
Foreign Assistance Act of 1961.
(3) Any other provisions of law pursuant to which
assistance is provided by the United States to carry out the
mandate of an assessed United Nations peacekeeping operation.
(d) Waiver.--
(1) Authority.--
(A) In general.--The President may authorize the furnishing
assistance covered by this section without regard to
subsection (a) if the President determines, and so notifies
in writing the Committee on Foreign Relations of the Senate
and the Speaker of the House of Representatives, that to do
so is important to the security interests of the United
States.
(B) Congressional notification.--Before exercising the
authorities of subparagraph (A), the President shall notify
the appropriate congressional committees in accordance with
the procedures applicable to reprogramming notifications
under section 634A of the Foreign Assistance Act of 1961.
(2) Congressional review.--Notwithstanding a notice under
paragraph (1) with respect to assistance covered by this
section, subsection (a) shall apply to the furnishing of the
assistance if, not later than 15 calendar days after receipt
of a notification under that paragraph, the Congress enacts a
joint resolution disapproving the determination of the
President contained in the notice.
(3) Senate procedures.--Any joint resolution described in
paragraph (2) shall be considered in the Senate in accordance
with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976.
(e) Relationship to Other Reimbursement Authority.--Nothing
in this section shall preclude the President from seeking
reimbursement for assistance covered by this section that is
in addition to the reimbursement sought for the assistance
under in subsection (a).
(f) Definition.--In this section, the term ``assistance''
includes personnel, services, supplies, equipment,
facilities, and other assistance, provided by the United
States Department of Defense or any other United States
Government agency.
SEC. 2106. RESTRICTION ON UNITED STATES FUNDING FOR UNITED
NATIONS PEACE OPERATIONS.
The President shall withhold from disbursement for any
United Nations peace operation established after the date of
enactment of this Act the United States proportionate share
of any amount made available to that operation out of the
regular budget of the United Nations, unless the President
determines, and so notifies the appropriate congressional
committees, that funding such a United Nations peace
operation serves an important national security interest of
the United States.
SEC. 2107. UNITED STATES POLICY REGARDING UNITED NATIONS
PEACEKEEPING MISSIONS.
It shall be the policy of the United States--
(1) to ensure that major peacekeeping operations (in
general, those comprised of more than 10,000 troops)
authorized by the United Nations Security Council under
Chapter VII of the United Nations Charter (or missions such
as the United Nations Protection Force (UNPROFOR)) are
undertaken by a competent regional organization such as NATO
or a multinational force, and not established as a
peacekeeping operation under United Nations operational
control which would be paid for by assessment of United
Nations members; and
(2) to consider, on a case-by-case basis, whether it is in
the national interest of the United States to agree that
smaller peacekeeping operations authorized by the United
Nations Security Council under Chapter VII of the United
Nations Charter and paid for by assessment of United Nations
members (such as the United Nations Transitional Authority in
Slavonia (UNTAES)) should be established as peacekeeping
operations under United Nations operational control which
would be paid for by assessment of United Nations members.
SEC. 2108. ORGANIZATION OF AMERICAN STATES.
Taking into consideration the long-term commitment by the
United States to the affairs of this hemisphere and the need
to build further upon the linkages between the United States
and its neighbors, it is the sense of the Congress that the
Secretary of State should make every effort to pay the United
States assessed funding levels for the Organization of
American States, which is uniquely dependent on United States
contributions and is continuing fundamental reforms in its
structure and its agenda.
TITLE XXII--ARREARS PAYMENTS AND REFORM
CHAPTER 1--ARREARAGES TO THE UNITED NATIONS
Subchapter A--Authorization of Appropriations; Disbursement of Funds
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Department of State for payment of arrearages owed by the
United States to the United Nations and its specialized
agencies as of September 30, 1997--
(1) $100,000,000 for fiscal year 1998;
(2) $475,000,000 for fiscal year 1999; and
(3) $244,000,000 for fiscal year 2000.
(b) Limitation.--Amounts made available under subsection
(a) are authorized to be available only--
(1) to pay the United States share of assessments for the
regular budget of the United Nations (excluding the budgets
of the United Nations specialized agencies);
(2) to pay the United States share of United Nations peace
operations;
(3) to pay the United States share of United Nations
specialized agencies; and
(4) to pay the United States share of other international
organizations.
(c) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(d) Statutory Construction.--For purposes of payments made
pursuant to subsection (a), section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) shall not apply to United Nations peace
operation assessments received by the United States prior to
October 1, 1995.
SEC. 2202. DISBURSEMENT OF FUNDS.
(a) In General.--Funds made available pursuant to section
2201 may be disbursed only if the requirements of subsections
(b) and (c) of this section are satisfied.
(b) Disbursements Upon Satisfaction of Certification
Requirements.--Funds made available pursuant to section 2201
may be disbursed only in the following allotments and upon
the following certifications:
(1) Amounts authorized to be appropriated for fiscal year
1998, upon the certification described in section 2211.
(2) Amounts authorized to be appropriated for fiscal year
1999, upon the certification described in section 2221.
(3) Amounts authorized to be appropriated for fiscal year
2000, upon the certification described in section 2231.
(c) Advance Congressional Notification.--Funds made
available pursuant to section 2201 may be disbursed only if
the appropriate certification has been submitted to Congress
30 days prior to the payment of funds to the United Nations
or its specialized agencies.
(d) Transmittal of Certifications.--Certifications made
under this chapter shall be transmitted by the Secretary of
State to the appropriate congressional committees.
Subchapter B--United States Sovereignty
SEC. 2211. CERTIFICATION REQUIREMENTS.
(a) Contents of certification.--A certification described
in this section is a certification by the Secretary of State
that the following conditions are satisfied:
(1) Contested arrearages.--The United Nations has
established an account or other appropriate mechanism with
respect to all United States arrearages incurred before the
date of enactment of this Act with respect to which payments
are not authorized by this Act, and the failure to pay
amounts specified in the account do not affect the
application of Article 19 of the Charter of the United
Nations. The account established under this paragraph may be
referred to as the ``contested arrearages account''.
(2) Supremacy of the united states constitution.--No action
has been taken on or after October 1, 1996, by the United
Nations or any of its specialized or affiliated agencies that
requires the United States to violate the United States
Constitution or any law of the United States.
(3) No united nations sovereignty.--Neither the United
Nations nor any of its specialized or affiliated agencies--
(A) has exercised sovereignty over the United States; or
[[Page S5788]]
(B) has taken any steps that require the United States to
cede sovereignty.
(4) No united nations taxation.--
(A) No legal authority.--Except as provided in subparagraph
(D), neither the United Nations nor any of its specialized or
affiliated agencies has the authority under United States law
to impose taxes or fees on United States nationals.
(B) No taxes or fees.--Except as provided in subparagraph
(D), a tax or fee has not been imposed on any United States
national by the United Nations or any of its specialized or
affiliated agencies.
(C) No taxation proposals.--Except as provided in
subparagraph (D), neither the United Nations nor any of its
specialized or affiliated agencies has officially approved
any formal effort to develop, advocate, or promote any
proposal concerning the imposition of a tax or fee on any
United States national in order to raise revenue for the
United Nations or any such agency.
(D) Exception.--This paragraph does not apply to--
(i) fees for publications or other kinds of fees that are
not tantamount to a tax on United States citizens; or
(ii) the World Intellectual Property Organization.
(5) No standing army.--The United Nations has not budgeted
any funds for, nor taken any official steps to develop,
create, or establish any special agreement under Article 43
of the United Nations Charter to make available to the United
Nations, on its call, the armed forces of any member of the
United Nations.
(6) No interest fees.--The United Nations has not levied
interest penalties against the United States or any interest
on arrearages on the annual assessment of the United States,
and from the date of enactment of this Act, neither the
United Nations nor its specialized agencies have amended
their financial regulations or taken any other action that
would permit interest penalties to be levied against or
otherwise charge the United States any interest on arrearages
on its annual assessment.
(7) United states property rights.--Neither the United
Nations nor any of its specialized or affiliated agencies has
exercised authority or control over any United States
national park, wildlife preserve, monument, or property, nor
has the United Nations nor any of its specialized or
affiliated agencies implemented plans, regulations, programs,
or agreements that exercise control or authority over the
private property of United States citizens.
(8) Termination of borrowing authority.--
(A) Prohibition on authorization of external borrowing.--On
or after the date of enactment of this Act, neither the
United Nations nor any specialized agency of the United
Nations has amended its financial regulations to permit
external borrowing.
(B) Prohibition of united states payment of interest
costs.--The United States has not paid its share of any
interest costs made known to or identified by the United
States Government for loans incurred by the United Nations or
any specialized agency of the United Nations through external
borrowing.
(b) Transmittal.--The Secretary of State may transmit a
certification under subsection (a) at any time during fiscal
year 1998 or thereafter if the requirements of the
certification are satisfied.
Subchapter C--Reform of Assessments and United Nations Peace Operations
SEC. 2221. CERTIFICATION REQUIREMENTS.
(a) In General.--A certification described in this section
is a certification by the Secretary of State that the
conditions in subsection (b) are satisfied. Such
certification shall not be made by the Secretary if the
Secretary determines that any of the conditions set forth in
section 2211 are no longer valid.
(b) Conditions.--The conditions under this subsection are
the following:
(1) Limitation on assessed share of regular budget.--The
share of the total of all assessed contributions for the
regular budget of the United Nations, or any designated
specialized agency of the United Nations, does not exceed 22
percent for any single United Nations member.
(2) Limitation on assessed share of budget for peace
operations.--The assessed share of the budget for each
assessed United Nations peace operation does not exceed 25
percent for any single United Nations member.
(3) Transfer of regular budget-funded peace operations.--
The mandates of the United Nations Truce Supervision
Organization (UNTSO) and the United Nations Military Observer
Group in India and Pakistan (UNMOGIP) are subject to annual
review by members of the Security Council, and are subject to
the notification requirements pursuant to section 2103(c).
Subchapter D--Budget and Personnel Reform
SEC. 2231. CERTIFICATION REQUIREMENTS.
(a) In General.--A certification described in this section
is a certification by the Secretary of State that the
following conditions in subsection (b) are satisfied. Such
certification shall not be made by the Secretary if the
Secretary determines that any of the conditions set forth in
sections 2211 and 2221 are no longer valid.
(b) Conditions.--The conditions under this subsection are
the following:
(1) Limitation on assessed share of regular budget.--The
share of the total of all assessed contributions for the
regular budget of the United Nations, or any specialized
agency of the United Nations, does not exceed 20 percent for
any single United Nations member.
(2) Inspectors general for certain organizations.--
(A) Establishment of offices.--Each designated specialized
agency has established an independent office of inspector
general to conduct and supervise objective audits,
inspections, and investigations relating to the programs and
operations of the organization.
(B) Appointment of inspectors general.--The Director
General of each designated specialized agency has appointed
an inspector general, with the approval of the member states,
and that appointment was made principally on the basis of the
appointee's integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations.
(C) Assigned functions.--Each inspector general appointed
under subparagraph (A) is authorized to--
(i) make investigations and reports relating to the
administration of the programs and operations of the agency
concerned;
(ii) have access to all records, documents, and other
available materials relating to those programs and operations
of the agency concerned; and
(iii) have direct and prompt access to any official of the
agency concerned.
(D) Complaints.--Each designated specialized agency has
procedures in place designed to protect the identity of, and
to prevent reprisals against, any staff member making a
complaint or disclosing information to, or cooperating in any
investigation or inspection by, the inspector general of the
agency.
(E) Compliance with recommendations.--Each designated
specialized agency has in place procedures designed to ensure
compliance with the recommendations of the inspector general
of the agency.
(F) Availability of reports.--Each designated specialized
agency has in place procedures to ensure that all annual and
other relevant reports submitted by the inspector general to
the agency are made available to the member states without
modification.
(3) New budget procedures for the united nations.--The
United Nations has established and is implementing budget
procedures that--
(A) require the maintenance of a budget not in excess of
the level agreed to by the General Assembly at the beginning
of each United Nations budgetary biennium, unless increases
are agreed to by consensus; and
(B) require the systemwide identification of expenditures
by functional categories such as personnel, travel, and
equipment.
(4) Sunset policy for certain united nations programs.--
(A) Existing authority.--The Secretary General and the
Director General of each designated specialized agency have
used their existing authorities to require program managers
within the United Nations Secretariat and the Secretariats of
the designated specialized agencies to conduct evaluations of
United Nations programs approved by the General Assembly and
of programs of the designated specialized agencies in
accordance with the standardized methodology referred to in
subparagraph (B).
(B) Development of evaluation criteria.--
(i) United Nations.--The Office of Internal Oversight
Services has developed a standardized methodology for the
evaluation of United Nations programs approved by the General
Assembly, including specific criteria for determining the
continuing relevance and effectiveness of the programs.
(ii) Designated specialized agencies.--Patterned on the
work of the Office of Internal Oversight Services of the
United Nations, the inspector general office equivalent of
each designated specialized agency has developed a
standardized methodology for the evaluation of programs of
designated specialized agencies, including specific criteria
for determining the continuing relevance and effectiveness of
the programs.
(C) Procedures.--The United Nations and each designated
specialized agency has established and is implementing
procedures--
(i) requiring the Secretary General and the Director
General of the agency, as the case may be, to report on the
results of evaluations referred to in this paragraph,
including the identification of programs that have met
criteria for continuing relevance and effectiveness and
proposals to terminate or modify programs that have not met
such criteria; and
(ii) authorizing an appropriate body within the United
Nations or the agency, as the case may be, to review each
evaluation referred to in this paragraph and report to the
General Assembly on means of improving the program concerned
or on terminating the program.
(D) United states policy.--It shall be the policy of the
United States to seek adoption by the United Nations of a
resolution requiring that each United Nations program
approved by the General Assembly, and to seek adoption by
each designated specialized agency of a resolution requiring
that each program of the agency, be subject to an evaluation
referred to in this paragraph and have a specific termination
date so that the program will not be renewed unless the
evaluation demonstrates the continuing relevance and
effectiveness of the program.
(E) Definition.--For purposes of this paragraph, the term
``United Nations program approved by the General Assembly''
means a program approved by the General Assembly of the
United Nations that is administered or funded by the United
Nations.
(5) United nations advisory committee on administrative and
budgetary questions.--
(A) In general.--The United States has a seat on the United
Nations Advisory Committee on Administrative and Budgetary
Questions or the five largest member contributors each have a
seat on the Advisory Committee.
(B) Definition.--As used in this paragraph the term ``5
largest member state contributors'' means the 5 United
Nations member states that, during a United Nations budgetary
biennium,
[[Page S5789]]
have more total assessed contributions than any other United
Nations member states to the aggregate of the United Nations
regular budget and the budget (or budgets) for United Nations
peace operations.
(6) National audits.--The United Nations has in effect
procedures providing access by the United States General
Accounting Office to United Nations financial data so that
the Office may perform nationally mandated reviews of United
Nations operations.
(7) Personnel.--
(A) Appointment and service of personnel.--The Secretary
General--
(i) has established and is implementing procedures that
ensure that staff employed by the United Nations is appointed
on the basis of merit consistent with Article 101 of the
United Nations charter; and
(ii) is enforcing those contractual obligations requiring
worldwide availability of all professional staff of the
United Nations to serve and be relocated based on the needs
of the United Nations.
(B) Code of conduct.--The General Assembly has adopted, and
the Secretary General has the authority to enforce and is
effectively enforcing, a code of conduct binding on all
United Nations personnel, including the requirement of
financial disclosure statements binding on senior United
Nations personnel and the establishment of rules against
nepotism that are binding on all United Nations officials.
(C) Personnel evaluation system.--The United Nations has
adopted and is enforcing a personnel evaluation system.
(D) Periodic assessments.--The United Nations has
established and is implementing a mechanism to conduct
periodic assessments of the United Nations payroll to
determine total staffing, and the results of such assessments
are reported in an unabridged form to the General Assembly.
(E) Review of united nations allowance system.--The United
States has completed a thorough review of the United Nations
personnel allowance system. The review shall include a
comparison to the United States civil service, and shall make
recommendations to reduce entitlements to allowances and
allowance funding levels from the levels in effect on January
1, 1998.
(8) Reduction in budget authorities and personnel levels.--
The designated specialized agencies have achieved a negative
growth budget in the budget for 2000-01 from the 1998-99
biennium levels of the respective agencies.
(9) New budget procedures and financial regulations.--Each
designated specialized agency has established procedures to--
(A) require the maintenance of a budget that does not
exceed the level agreed to by the member states of the
organization at the beginning of each budgetary biennium,
unless increases are agreed to by consensus;
(B) require the identification of expenditures by
functional categories such as personnel, travel, and
equipment; and
(C) require approval by the member states of the
organization of supplemental budget requests to the
Secretariat in advance of expenditures under those requests.
CHAPTER 2--MISCELLANEOUS PROVISIONS
SEC. 2241. STATUTORY CONSTRUCTION ON RELATION TO EXISTING
LAWS.
Except as otherwise specifically provided, nothing in this
title may be construed to make available funds in violation
of any provision of law containing a specific prohibition or
restriction on the use of the funds, including section 114 of
the Department of State Authorization Act, Fiscal Years 1984
and 1985 (22 U.S.C. 287e note) and section 151 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 287e note), and section 404 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
note).
SEC. 2242. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND
OTHER ORGANIZATIONS FROM WHICH THE UNITED
STATES HAS WITHDRAWN OR RESCINDED FUNDING.
None of the funds authorized to be appropriated by this
title shall be used to pay any arrearage for--
(1) the United Nations Industrial Development Organization;
(2) any costs to merge that organization into the United
Nations;
(3) the costs associated with any other organization of the
United Nations from which the United States has withdrawn
including the costs of the merger of such organization into
the United Nations; or
(4) the World Tourism Organization, or any other
organization with respect to which Congress has rescinded
funding.
Mr. HELMS. Mr. President, I move to reconsider the vote by which the
bill was passed.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. SARBANES addressed the Chair.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. SARBANES. Mr. President, what is the parliamentary situation?
The PRESIDING OFFICER. The bill, S. 903, is still pending before the
Senate.
Mr. SARBANES. Mr. President, I ask unanimous consent to proceed for 2
minutes as if in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________