[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.

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