[House Report 106-122]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-122
========================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2000
_______
April 29, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gilman, from the Committee on International Relations, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1211]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 1211) to authorize appropriations for
the Department of State and related agencies for fiscal years
2000 and 2001, and for other purposes, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Year 2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Chapter 1--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Public diplomacy programs.
Sec. 106. Voluntary contributions to international organizations.
Sec. 107. Grants to the Asia Foundation.
Chapter 2--Broadcasting Board of Governors
Sec. 121. International broadcasting.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 201. Authority to lease aircraft to respond to a terrorist attack
abroad.
Sec. 202. Report on Cuban drug trafficking.
Sec. 203. Report on compliance with the Hague Convention on
International Child Abduction.
Sec. 204. Elimination of obsolete reports.
Sec. 205. Continuation of reporting requirements.
Sec. 206. International arms sales code of conduct.
Sec. 207. Human rights and democracy fellowships.
Sec. 208. Joint funds under agreements for cooperation in
environmental, scientific, cultural, and related areas.
Sec. 209. Report on international extradition.
Sec. 210. Effective regulation of satellite export activities.
Chapter 2--Consular And Related Activities
Sec. 251. Deaths and estates of United States citizens abroad.
Sec. 252. Duties of consular officers.
Sec. 253. Machine readable visas.
Sec. 254. Processing of visa applications.
Sec. 255. Repeal of outdated provision on passport fees.
Sec. 256. Fees relating to affidavits of support.
Chapter 3--Refugees
Sec. 271. United States policy regarding the involuntary return of
refugees.
Sec. 272. Human rights reports.
Sec. 273. Guidelines for refugee processing posts.
Sec. 274. Vietnamese refugees.
TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE
DEPARTMENT OF STATE AND FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 301. Establishment of Bureau for International Information
Programs and Bureau for Educational and Cultural Exchange Programs.
Sec. 302. Correction of designation of Inspector General of the
Department of State.
Chapter 2--Personnel of the Department of State
Sec. 321. Establishment of Foreign Service Star.
Sec. 322. United States citizens hired abroad.
Sec. 323. Border equalization adjustment.
Sec. 324. Treatment of grievance records.
Sec. 325. Report concerning financial disadvantages for administrative
and technical personnel.
Sec. 326. Extension of overseas hiring authority.
Sec. 327. Medical emergency assistance.
Sec. 328. Families of deceased foreign service personnel.
Sec. 329. Parental choice in education.
Sec. 330. Workforce planning for foreign service personnel by federal
agencies.
Sec. 331. Compensation for survivors of terrorist attacks overseas.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Sec. 401. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 402. Conduct of certain educational and cultural exchange
programs.
Sec. 403. Notification to Congress of grants.
Sec. 404. National security measures.
Sec. 405. Designation of North/South Center as the Dante B. Fascell
North-South Center.
Sec. 406. Advisory Commission on Public Diplomacy.
Sec. 407. International expositions.
Sec. 408. Royal Ulster Constabulary.
TITLE V--INTERNATIONAL BROADCASTING
Sec. 501. Permanent authorization for Radio Free Asia.
Sec. 502. Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
Sec. 503. Immunity from civil liability for Broadcasting Board of
Governors.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Sec. 601. Interparliamentary groups.
Sec. 602. Authority to assist State and local governments.
Sec. 603. International Boundary and Water Commission.
Sec. 604. Concerning United Nations General Assembly Resolution ES-10/
6.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Sense of the Congress concerning support for democracy and
human rights activists in Cuba.
Sec. 702. Relating to Cyprus.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--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.
(2) Secretary.--The term ``Secretary'' means the Secretary of
State.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
CHAPTER 1--DEPARTMENT OF STATE
SEC. 101. 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.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'', of the Department
of State $2,531,775,000 for the fiscal year 2000.
(B) Limitations.--
(i) Worldwide security upgrades.--Of the
amounts authorized to be appropriated by
subparagraph (A), $254,000,000 for fiscal year
2000 is authorized to be appropriated only for
worldwide security upgrades.
(ii) Bureau of democracy, human rights, and
labor.--Of the amounts authorized to be
appropriated by subparagraph (A), $15,000,000
for fiscal year 2000 is authorized to be
appropriated only for salaries and expenses of
the Bureau of Democracy, Human Rights, and
Labor.
(iii) Recruitment of minority groups.--Of the
amounts authorized to be appropriated by
subparagraph (A), $2,000,000 for fiscal year
2000 is authorized to be appropriated only for
the recruitment of members of minority groups
for careers in the Foreign Service and
international affairs.
(2) Capital investment fund.--For ``Capital Investment Fund''
of the Department of State, $90,000,000 for the fiscal year
2000.
(3) Security and maintenance of united states missions.--
(A) Authorization of appropriations.--For ``Security
and Maintenance of United States Missions'',
$1,580,066,000 for the fiscal year 2000.
(B) Security upgrades for united states missions.--Of
the amounts authorized to be appropriated by
subparagraph (A), $1,146,000,000 for fiscal year 2000
is authorized to be appropriated only for security
upgrades to United States missions abroad, including
construction and relocation costs.
(4) Representation allowances.--For ``Representation
Allowances'', $4,450,000 for the fiscal year 2000.
(5) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$17,000,000 for the fiscal year 2000.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $30,054,000 for the fiscal year 2000.
(7) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,760,000
for the fiscal year 2000.
(8) Protection of foreign missions and officials.--
(A) For ``Protection of Foreign Missions and
Officials'', $9,490,000 for the fiscal year 2000.
(B) Each amount appropriated pursuant to this
paragraph is authorized to remain available through
September 30 of the fiscal year following the fiscal
year for which the amount appropriated was made.
(9) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 2000, for administrative
expenses.
SEC. 102. INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations.--There are
authorized to be appropriated for ``Contributions to International
Organizations'', $963,308,000 for the fiscal year 2000 for the
Department of State to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the
United States with respect to international organizations and to carry
out other authorities in law consistent with such purposes.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$235,000,000 for the fiscal year 2000 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.
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $20,413,000 for the
fiscal year 2000; and
(B) for ``Construction'' $8,435,000 for the fiscal
year 2000.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $859,000 for the fiscal year 2000.
(3) International joint commission.--For ``International
Joint Commission'', $3,819,000 for the fiscal year 2000.
(4) International fisheries commissions.--For ``International
Fisheries Commissions'', $16,702,000 for the fiscal year 2000.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized to
be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $750,000,000 for the fiscal year 2000.
(2) Limitations.--
(A) Tibetan refugees in india and nepal.--Of the
amounts authorized to be appropriated in paragraph (1),
not more than $2,000,000 for the fiscal year 2000 is
authorized to be available only for humanitarian
assistance, including food, medicine, clothing, and
medical and vocational training, to Tibetan refugees in
India and Nepal who have fled Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$60,000,000 for the fiscal year 2000 is authorized to
be available only for assistance for refugees
resettling in Israel from other countries.
(C) Humanitarian assistance for displaced burmese.--
Of the amounts authorized to be appropriated in
paragraph (1), $2,000,000 for the fiscal year 2000 for
humanitarian assistance are authorized to be available
only for assistance (including food, medicine,
clothing, and medical and vocational training) to
persons displaced as a result of civil conflict in
Burma, including persons still within Burma.
(D) Assistance for displaced sierra leoneans.--Of the
amounts authorized to be appropriated in paragraph (1),
$2,000,000 for the fiscal year 2000 for humanitarian
assistance are authorized to be available only for
assistance (including food, medicine, clothing, and
medical and vocational training) and resettlement of
persons who have been severely mutilated as a result of
civil conflict in Sierra Leone, including persons still
within Sierra Leone.
(E) Assistance for kosovar refugees.--
(i) Of the amounts authorized to be
appropriated in paragraph (1), $50,000,000 for
the fiscal year 2000 are authorized to be
appropriated only for the Front Line States
Initiative defined in clause (ii).
(ii) For the purposes of this subparagraph,
the term ``Front Line States Initiative'' means
assistance for the relief of refugees fleeing
from the conflict in Kosovo provided through
nongovernmental organizations in the form of
food, housing, clothing, transportation, and
other material, with priority assistance for
the relief of refugees in the front line states
of Albania and Macedonia.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
SEC. 105. PUBLIC DIPLOMACY PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State 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 Dante B. Fascell North-South Center Act of 1991,
and the National Endowment for Democracy Act, and to carry out other
authorities in law consistent with such purposes:
(1) International information programs.--For ``International
Information Programs'', $305,997,000 for the fiscal year 2000.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--There are
authorized to be appropriated for the ``Fulbright
Academic Exchange Programs'' (other than programs
described in subparagraph (B)), $112,000,000 for the
fiscal year 2000.
(B) Other educational and cultural exchange
programs.--
(i) In general.--There are authorized to be
appropriated for other educational and cultural
exchange programs authorized by law, including
the Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation
and the Mike Mansfield Fellowship Program,
$98,329,000 for the fiscal year 2000.
(ii) South pacific exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$750,000 for the fiscal year 2000 is authorized
to be available for ``South Pacific
Exchanges''.
(iii) East timorese scholarships.--Of the
amounts authorized to be appropriated under
clause (i), $500,000 for the fiscal year 2000
is authorized to be available for ``East
Timorese Scholarships''.
(iv) Tibetan exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2000 is authorized
to be available for ``Ngawang Choephel Exchange
Programs'' (formerly known as educational and
cultural exchanges with Tibet) under section
103(a) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996
(Public Law 104-319).
(v) African exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2000 is authorized
to be available only for ``Educational and
Cultural Exchanges with Sub-Saharan Africa''.
(3) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $17,500,000 for the fiscal
year 2000.
(4) National endowment for democracy.--
(A) Authorization of appropriations.--For the
``National Endowment for Democracy'', $34,000,000 for
the fiscal year 2000.
(B) Limitation.--Of the amounts authorized to be
appropriated by subparagraph (A), $2,000,000 for the
fiscal year 2000 is authorized to be appropriated only
for a fellowship program, to be known as the ``Reagan-
Fascell Democracy Fellows'', for democracy activists
and scholars from around the world at the International
Forum for Democratic Studies in Washington, D.C., to
study, write, and exchange views with other activists
and scholars and with Americans.
(5) Dante b. fascell north-south center.--For ``Dante B.
Fascell North-South Center'' $2,500,000 for the fiscal year
2000.
SEC. 106. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``Voluntary Contributions to International
Organizations'', $293,000,000 for the fiscal year 2000.
(b) Limitations on Authorizations of Appropriations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $5,000,000 for the fiscal
year 2000 is authorized to be appropriated only for a United
States contribution to the World Food Program.
(2) United nations voluntary fund for victims of torture.--Of
the amount authorized to be appropriated under subsection (a),
$5,000,000 for the fiscal year 2000 is authorized to be
appropriated only for a United States contribution to the
United Nations Voluntary Fund for Victims of Torture.
(3) International program on the elimination of child
labor.--Of the amounts authorized to be appropriated under
subsection (a), $5,000,000 for the fiscal year 2000 is
authorized to be appropriated only for a United States
contribution to the International Labor Organization for the
activities of the International Program on the Elimination of
Child Labor.
(4) Organization of american states.--Of the amounts
authorized to be appropriated under subsection (a), $240,000
for the fiscal year 2000 is authorized to be appropriated only
for a United States contribution to the Organization of
American States for the Office of the Special Rapporteur for
Freedom of Expression in the Western Hemisphere to conduct
investigations, including field visits, to establish a network
of nongovernmental organizations, and to hold hemispheric
conferences, of which $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Cuba.
(c) Restrictions on United States Voluntary Contributions to United
Nations Development Program.--
(1) Limitation.--Of the amounts made available under
subsection (a) for the fiscal year 2000 for United States
voluntary contributions to the United Nations Development
Program an amount equal to the amount the United Nations
Development Program will spend in Burma during each fiscal year
shall be withheld unless during such fiscal year the Secretary
of State submits to the appropriate congressional committees
the certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State that
all programs and activities of the United Nations Development
Program (including United Nations Development Program--
Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or
private voluntary organizations that have been deemed
independent of the State Peace and Development Council
(SPDC) (formerly known as the State Law and Order
Restoration Council (SLORC), after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma;
(C) provide no financial, political, or military
benefit to the SPDC; and
(D) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the
Union of Burma.
(d) Contributions to United Nations Population Fund.--
(1) Limitations on amount of contribution.--Of the amounts
made available under subsection (a), not more than $25,000,000
for fiscal year 2000 shall be available for the United Nations
Population Fund (hereinafter in this subsection referred to as
the ``UNFPA'').
(2) Prohibition on use of funds in china.--None of the funds
made available under subsection (a) may be made available for
the UNFPA for a country program in the People's Republic of
China.
(3) Conditions on availability of funds.--Amounts made
available under subsection (a) for fiscal year 2000 for the
UNFPA may not be made available to UNFPA unless--
(A) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from
other accounts of the UNFPA;
(B) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(C) the UNFPA does not fund abortions.
(4) Withholding of Funds Subject to Certification.--
(A) Of the amounts made available for fiscal year
2000 for United States voluntary contributions to the
UNFPA an amount equal to the amount that UNFPA will
spend on a country program in the People's Republic of
China during each fiscal year shall be withheld unless
during such fiscal year, the Secretary of State submits
to the appropriate congressional committees the
certification described in subparagraph (B).
(B) The certification referred to in subparagraph (A)
is a certification by the Secretary of State that the
country program of the UNFPA in the People's Republic
of China--
(i) focuses on improving the delivery of
voluntary family planning information and
services;
(ii) is designed in conformity with the human
rights principles affirmed at the International
Conference on Population and Development with
the support of 180 nations including the United
States;
(iii) is implemented only in counties in the
People's Republic of China where all quotas and
targets for the recruitment of program
participants have been abolished and the use of
coercive measures has been eliminated;
(iv) is carried out in consultation with, and
under the oversight and approval of, the UNFPA
executive board, including the United States
representative;
(v) is subject to regular independent
monitoring to ensure compliance with the
principles of informed consent and voluntary
participation; and
(vi) suspends operations in project counties
found to be in violation of program guidelines.
(e) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 107. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164) is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the Secretary
of State $15,000,000 for the fiscal year 2000 for grants to The Asia
Foundation pursuant to this title.''.
CHAPTER 2--BROADCASTING BOARD OF GOVERNORS
SEC. 121. INTERNATIONAL BROADCASTING.
The following amounts are authorized to be appropriated for the
Broadcasting Board of Governors to carry out certain international
broadcasting activities under the United States International
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the
Television Broadcasting to Cuba Act, and for other purposes authorized
by law:
(1) International broadcasting operations.--
(A) Authorization of appropriations.--For
``International Broadcasting Operations'', $385,900,000
for the fiscal year 2000.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Broadcasting
Board of Governors shall seek to ensure that the
amounts made available for broadcasting to nations
whose people do not fully enjoy freedom of expression
do not decline in proportion to the amounts made
available for broadcasting to other nations.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $20,868,000 for the fiscal year 2000.
(3) Radio free asia.--For ``Radio Free Asia'', $30,000,000
for the fiscal year 2000.
(4) Broadcasting to cuba.--
(A) Authorization of appropriations.--For
``Broadcasting to Cuba'', $22,743,000 for the fiscal
year 2000.
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A), $712,000 for the
fiscal year 2000 is authorized to be appropriated only
for the Office of Cuba Broadcasting to develop and
implement new technology and enhance current methods to
strengthen and improve the transmission capabilities of
Radio Marti and TV Marti.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 201. AUTHORITY TO LEASE AIRCRAFT TO RESPOND TO A TERRORIST ATTACK
ABROAD.
Subject to the availability of appropriations, in the event of an
emergency which involves a terrorist attack abroad, the Director of the
Federal Bureau of Investigation of the Department of Justice is
authorized to lease commercial aircraft to transport equipment and
personnel in response to such attack if there have been reasonable
efforts to obtain appropriate Department of Defense aircraft and such
aircraft are unavailable. The leasing authority under this section
shall include authority to provide indemnification insurance or
guarantees, if necessary and appropriate.
SEC. 202. REPORT ON CUBAN DRUG TRAFFICKING.
Not later than 90 days after the date of the enactment of this Act
and every 180 days thereafter, the Secretary of State shall submit to
the appropriate congressional committees an unclassified report (with a
classified annex) on the extent of international drug trafficking from,
through, or over Cuba. Each report shall include the following:
(1) Information concerning the extent to which the Cuban
Government or any official, employee, or entity of the
Government of Cuba has engaged in, facilitated, or condoned
such trafficking.
(2) The extent to which the appropriate agencies of the
United States Government have investigated and prosecuted such
activities of the Cuban Government or any official, employee,
or entity of the Government of Cuba.
(3) A determination of whether the Government of Cuba should
be included in the list of nations considered to be major drug
trafficking countries.
SEC. 203. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON
INTERNATIONAL CHILD ABDUCTION.
Section 2803(a) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
amended--
(1) by striking ``1999,'' and inserting ``2000,'';
(2) in paragraph (2) by striking ``abducted.'' and inserting
``abducted, are being wrongfully retained in violation of
United States court orders, or which have failed to comply with
any of their obligations under such convention with respect to
applications for the return of children, access to children, or
both, submitted by United States citizens or lawful
residents.'';
(3) in paragraph (3)--
(A) by striking ``children'' and inserting
``children, access to children, or both,''; and
(B) by inserting ``or lawful residents'' after
``citizens''; and
(4) by inserting after paragraph (5) the following new
paragraph:
``(6) A list of the countries which are Parties to the
Convention, but in which due to the absence of a prompt and
effective method for enforcement of civil court orders, the
absence of a doctrine of comity, or other factors, there is a
substantial possibility that an order of return or access under
a Hague Convention proceeding, or a United States custody,
access, or visitation order, will not be promptly enforced.''.
SEC. 204. ELIMINATION OF OBSOLETE REPORTS.
(a) Post Language Competence.--Section 304(c) of the Foreign Service
Act of 1980 (22 U.S.C. 3944(c)) is repealed.
(b) Sustainable Economic Growth.--Section 574 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1996 (Public Law 104-107) is repealed.
(c) Redundant Reports on Certain Weapons.--
(1) Section 308 of the Chemical and Biological Weapons and
Warfare Elimination Act of 1991 (Public Law 102-182) is
repealed.
(2) Section 585 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (Public Law 104-
208), is repealed.
(d) Situation in Iraq.--Section 3 of Public Law 102-1 is amended by
striking ``60 days'' and inserting ``six months''.
SEC. 205. CONTINUATION OF REPORTING REQUIREMENTS.
(a) Reports on Claims by United States Firms Against the Government
of Saudi Arabia.--Section 2801(b) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
Public Law 105-277) is amended--
(1) by striking ``the earlier of--'';
(2) by striking paragraph (1); and
(3) by striking the designation for paragraph (2) and
adjusting the tabulation.
(b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
amended by striking ``during the period ending September 30, 1999,''
and inserting a comma.
(c) Relations With Vietnam.--Section 2805 of the Foreign Affairs
Reform and Restructuring Act of 1998 (as enacted by division G of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999; Public Law 105-277) is amended by striking ``during the period
ending September 30, 1999,''.
(d) Reports on Ballistic Missile Cooperation With Russia.--Section
2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended
by striking ``and January 1, 2000,'' and inserting ``January 1, 2000,
January 1, 2001, and January 1, 2002,''.
SEC. 206. INTERNATIONAL ARMS SALES CODE OF CONDUCT.
(a) Negotiations.--The Secretary of State shall attempt to achieve
the foreign policy goal of an international arms sales code of conduct
with all Wassenaar Arrangement countries. The Secretary of State shall
take the necessary steps to begin negotiations with all Wassenaar
Arrangement countries within 120 days after the date of the enactment
of this Act. The purpose of such negotiations shall be to conclude an
agreement on restricting or prohibiting arms transfers to countries
that do not meet the criteria under subsection (b).
(b) Criteria.--The criteria referred to in subsection (a) are as
follows:
(1) Promoting democracy.--Such government--
(A) was chosen by and permits free and fair
elections;
(B) promotes civilian control of the military and
security forces and has civilian institutions
controlling the policy, operation, and spending of all
law enforcement and security institutions, as well as
the armed forces;
(C) promotes the rule of law, equality before the
law, and respect for individual and minority rights,
including freedom to speak, publish, associate, and
organize; and
(D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as
well as autonomous institutions to monitor the conduct
of public officials and to combat corruption.
(2) Respects human rights.--Such government--
(A) does not engage in gross violations of
internationally recognized human rights, including--
(i) extrajudicial or arbitrary executions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination on the
basis of race, ethnicity, religion, gender,
national origin, or political affiliation; and
(vi) grave breaches of international laws of
war or equivalent violations of the laws of war
in internal conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations of
internationally recognized human rights;
(C) permits access on a regular basis to political
prisoners by international humanitarian organizations
such as the International Committee of the Red Cross;
(D) promotes the independence of the judiciary and
other official bodies that oversee the protection of
human rights;
(E) does not impede the free functioning of domestic
and international human rights organizations; and
(F) provides access on a regular basis to
humanitarian organizations in situations of conflict or
famine.
(3) Not engaged in certain acts of armed aggression.--Such
government is not currently engaged in acts of armed aggression
in violation of international law.
(4) Full participation in united nations register of
conventional arms.--Such government is fully participating in
the United Nations Register of Conventional Arms.
(c) Reports.--
(1) Report of the secretary of state.--Not later than 6
months after the commencement of negotiations under subsection
(a), and not later than the end of every 6-month period
thereafter until an agreement described in subsection (a) is
concluded, the Secretary of State shall report to the
appropriate congressional committees on the progress of such
negotiations.
(2) Human rights report.--In the report required by sections
116(d) and 502B of the Foreign Assistance Act of 1961, the
Secretary of State shall describe the extent to which the
practices of each country evaluated meet the criteria of
subsection (b).
(d) Definition.--For purposes of this section, the term ``Wassenaar
Arrangement countries'' means those participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual Use Goods
and Technologies, done at Vienna on July 11-12, 1996.
SEC. 207. HUMAN RIGHTS AND DEMOCRACY FELLOWSHIPS.
(a) Establishment.--There is established in the Department of State a
program which shall be known as the ``Human Rights and Democracy
Fellowship Program''. The program shall be administered by the
Secretary with the assistance of the Assistant Secretary for Democracy,
Human Rights, and Labor. The program shall provide for the employment
of not less than 6 and not more than 12 fellows in the Bureau of
Democracy, Human Rights, and Labor. Fellowships shall be for an initial
1 year period which may be extended for a total of not more than 3
years. Fellowships shall be available to individuals who have expertise
in human rights policy, human rights law, or related subjects and who
are not permanent employees of the United States Government.
(b) Authorization of Appropriation.--There are authorized to be
appropriated for the Human Rights and Democracy Fellowship Program
under subsection (a) $1,000,000 for fiscal year 2000.
SEC. 208. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN
ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED
AREAS.
Amounts made available to the Department of State for participation
in joint funds under agreements for cooperation in environmental,
scientific, cultural and related areas prior to fiscal year 1996 which,
pursuant to express terms of such international agreements, were
deposited in interest-bearing accounts prior to disbursement may earn
interest, and interest accrued to such accounts may be used and
retained without return to the Treasury of the United States and
without further appropriation by Congress. The Department of State
shall take action to ensure the complete and timely disbursement of
appropriations and associated interest within joint funds covered by
this section and final disposition of such agreements.
SEC. 209. REPORT ON INTERNATIONAL EXTRADITION.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of State shall prepare and submit to the Congress a
report concerning international extradition. The report shall review
all extradition treaties and agreements to which the United States is
signatory; identify those countries that have become ``safe havens''
for individuals fleeing the American justice system; identify the
factors which contribute to the international extradition problem,
particularly laws in foreign countries which prohibit the extradition
to another country of certain classes of persons; and propose
appropriate legislative and diplomatic solutions to such problem,
including, where appropriate, the renegotiation of extradition
treaties.
SEC. 210. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.
(a) Licensing Regime.--The Secretary of State shall establish a
regulatory regime for the licensing for export of satellites, satellite
technologies, components, and systems which shall include preferential
treatment and expedited approval, as appropriate, of the licensing for
export by United States companies of satellites, satellite
technologies, components, and systems to NATO allies, major non-NATO
allies, and other friendly countries.
(b) Financial and Personnel Resources.--The Secretary of State,
pursuant to the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, shall obligate expeditiously $2,000,000 of
amounts appropriated under that Act, above levels made available to the
Office of Defense Trade Controls for fiscal year 1998, to enable that
office to carry out its responsibilities.
CHAPTER 2--CONSULAR AND RELATED ACTIVITIES
SEC. 251. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.
(a) Repeal.--Section 1709 of the Revised Statutes (22 U.S.C. 4195) is
repealed.
(b) Amendment to State Department Basic Authorities Act of 1956.--The
State Department Basic Authorities Act of 1956 is amended by inserting
after section 43 the following new sections:
``SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.
``Pursuant to such regulations as the Secretary of State may
prescribe--
``(1) When a United States citizen or national dies abroad, a
consular officer shall endeavor to notify, or assist the
Secretary of State in notifying, the next of kin or legal
guardian as soon as possible; provided, that in the case of
death of Peace Corps Volunteers, members of the Armed Forces,
their dependents, or Department of Defense civilian employees,
the consular officer shall assist the Peace Corps or the
appropriate military authorities in making such notifications.
``(2) The consular officer may, for any United States citizen
who dies abroad, (A) in the case of a finding by appropriate
local authorities, issue a report of death or of presumptive
death, or (B) in the absence of a finding by appropriate local
authorities, issue a report of presumptive death.
``SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.
``(a) Conservation of Estates Abroad.--
``(1) Authority to act as conservator.--Pursuant to such
regulations as the Secretary of State may prescribe, when a
United States citizen or national dies abroad, a consular
officer shall act as the provisional conservator of the
decedent's estate and, subject to paragraphs (3) and (4),
shall--
``(A) take possession of the personal effects within
his jurisdiction;
``(B) inventory and appraise the personal effects,
sign the inventory, and annex thereto a certificate as
to the accuracy of the inventory and appraised value of
each article;
``(C) when appropriate, collect the debts due to the
decedent in the officer's jurisdiction and pay from the
estate the obligations owed there by the decedent;
``(D) sell or dispose of, as appropriate, all
perishable items of property;
``(E) sell, after reasonable public notice and notice
to such next of kin as can be ascertained with
reasonable diligence, such additional items of property
as necessary to provide funds sufficient to pay the
decedent's debts and property taxes in the country of
death, funeral expenses, and other expenses incident to
the disposition of the estate;
``(F) at the end of one year from the date of death
(or after such additional period as may be required for
final settlement of the estate), if no claimant shall
have appeared, sell or dispose of the residue of the
personal estate, except as provided in subparagraph (G)
below, in the same manner as United States Government-
owned foreign excess property;
``(G) transmit to the United States, to the Secretary
of State, the proceeds of any sales along with any
financial instruments (including bonds, shares of
stock, and notes of indebtedness), jewelry, heirlooms,
and other articles of obvious sentimental value, to be
held in trust for the legal claimant; and
``(H) in the event that the decedent's estate
includes an interest in real property located within
the jurisdiction of the officer and such interest does
not devolve by the applicable laws of intestate
succession or otherwise, provide for title to the
property to be conveyed to the Government of the United
States unless the Secretary declines to accept such
conveyance.
``(2) Authority to act as administrator.--The Secretary of
State may expressly authorize the officer to act as
administrator of the estate in exceptional circumstances,
pursuant to such regulations as the Secretary may prescribe.
The officer shall not otherwise act in such capacity.
``(3) Exceptions.--
``(A) The function provided for in this section shall
not be performed to the extent that the decedent has
left or there is otherwise appointed, in the country
where the death occurred or where the decedent was
domiciled, a legal representative, partner in trade, or
trustee appointed to take care of his personal estate.
If the decedent's legal representative shall appear
atany time prior to transmission of the estate to the Secretary and
demand the proceeds and effects being held by the officer, the officer
shall deliver them to the representative after having collected any
prescribed fee for the services rendered pursuant to this section.
``(B) Nothing in this section shall affect the
authority of military commanders under title 10 of the
United States Code with respect to persons or property
under military command or jurisdiction or the authority
of the Peace Corps with respect to Peace Corps
Volunteers or their property.
``(4) Conditions.--The functions provided for in this section
shall be performed only when authorized by treaty provisions or
permitted by the laws or authorities of the country wherein the
death occurs, or the decedent is domiciled, or if such
functions are permitted by established usage.
``(b) Disposition of Estates by the Secretary of State.--
``(1) Personal estates.--
``(A) After receipt of personal estates pursuant to
subsection (a), the Secretary, pursuant to such
regulations as the Secretary may prescribe for the
conservation of such estates, may seek payment of all
outstanding debts to the estate as they become due, may
receive any balances due on such estates, may endorse
all checks, bills of exchange, promissory notes, and
other instruments of indebtedness payable to the estate
for the benefit thereof, and may take such other action
as is reasonably necessary for the conservation of the
estate.
``(B) If by the end of the fifth full fiscal year
after receipt of the personal estate pursuant to
subsection (a), no legal claimant for such estate has
appeared, title to the estate shall pass to the
Secretary who shall dispose of the estate in the same
manner as surplus United States Government-owned
property or by such means as may be appropriate in
light of the nature and value of the property involved.
The expenses of sales shall be paid from the estate,
and any lawful claim received thereafter shall be
payable to the extent of the value of the net proceeds
of the estate as a refund from the appropriate Treasury
account.
``(C) The net cash estate after disposition as
provided in subparagraph (B) shall be remitted to the
Treasury as miscellaneous receipts.
``(2) Real property.--Pursuant to such regulations as the
Secretary may prescribe--
``(A) in the event that real property is conveyed to
the Government of the United States pursuant to
subsection (a)(1)(H) and is not needed by the
Department of State, such property shall be considered
foreign excess property under title IV of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 511 et seq.); and
``(B) in the event that the Department needs such
property, the Secretary shall treat such property as if
it were an unconditional gift accepted on behalf of the
Department of State pursuant to section 25 of this Act
and section 9(a)(3) of the Foreign Service Buildings
Act of 1926, as amended.
``(c) Losses in Connection With the Conservation of Estates.--
``(1) Authority.--Pursuant to such regulations as the
Secretary of State may prescribe, the Secretary is authorized
to compensate the estate of any United States citizen, who has
died overseas, for property, the conservation of which has been
undertaken under either section 43 or subsection (a) of this
section, and that has been lost, stolen, or destroyed while in
the custody of officers or employees of the Department of
State. Any such compensation shall be in lieu of personal
liability of officers or employees of the Department of State.
Officers and employees of the Department of State may be liable
in appropriate cases to the Department of State to the extent
of any compensation provided pursuant to this subsection.
``(2) Liability.--The liability of officers or employees of
the Department of State to the Department for payments made
pursuant to paragraph (a) of this section shall be determined
pursuant to the Department's procedures for determining
accountability for United States Government property.''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after enactment of this Act or upon the effective date
of any regulations promulgated hereunder, whichever is sooner.
SEC. 252. DUTIES OF CONSULAR OFFICERS.
Section 43 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2715) is amended--
(1) by inserting ``(a) Authority.--'' before ``In'';
(2) by striking ``disposition of personal effects.'' in the
last sentence and inserting ``disposition of personal estates
pursuant to section 43B of this Act.''; and
(3) by adding at the end the following new subsection:
``(b) Definitions.--For purposes of this section and sections 43A and
43B of this Act, the term `consular officer' includes any United States
citizen employee of the Department of State who is designated by the
Secretary of State to perform consular services pursuant to such
regulations as the Secretary may prescribe.''.
SEC. 253. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--
(1) in paragraph (3) by amending the first sentence to read
as follows: ``For each of the fiscal years 2000, 2001, and
2002, any amount collected under paragraph (1) that exceeds
$316,715,000 for fiscal year 2000, $338,885,000 for fiscal year
2001, and $362,607,000 for fiscal year 2002 may be made
available only if a notification is submitted to Congress in
accordance with the procedures applicable to reprogramming
notifications under section 34 of the State Department Basic
Authorities Act of 1956.''; and
(2) by striking paragraphs (4) and (5).
SEC. 254. PROCESSING OF VISA APPLICATIONS.
(a) Policy.--It shall be the policy of the Department of State to
process immigrant visa applications of immediate relatives of United
States citizens and nonimmigrant k-1 visa applications of fiances of
United States citizens within 30 days of the receipt of all necessary
documents from the applicant and the Immigration and Naturalization
Service. In the case of a visa application where the sponsor of such
applicant is a relative other than an immediate relative, it should be
the policy of the Department of State to process such an application
within 60 days of the receipt of all necessary documents from the
applicant and the Immigration and Naturalization Service.
(b) Reports.--For each of the fiscal years 2000 and 2001, the
Secretary of State shall submit to the appropriate congressional
committees an annual report on the extent to which the Department of
State is meeting the policy standards under subsection (a). Each report
shall be based on a survey of the 22 consular posts which account for
approximately 72 percent of immigrant visas issued and, in addition,
the consular posts in Guatemala City, Nicosia, Caracas, Naples, and
Jakarta. Each report should include data on the average time for
processing each category of visa application under subsection (a), a
list of the embassies and consular posts which do not meet the policy
standards under subsection (a), the amount of funds collected for
processing of visa applications, the costs of processing such visa
applications, and the steps being taken by the Department of State to
achieve such policy standards.
(c) Task Force.--The Secretary of State, in consultation with other
Federal agencies, shall establish a joint task force with the goal of
reducing the overall processing time for visa applications.
SEC. 255. REPEAL OF OUTDATED PROVISION ON PASSPORT FEES.
Section 4 of the Passport Act of June 4, 1920 (22 U.S.C. 216, 41
Stat. 751) is repealed.
SEC. 256. FEES RELATING TO AFFIDAVITS OF SUPPORT.
(a) Authority for Fee For Preparation Assistance.--Subject to
subsection (b), the Secretary of State is authorized to charge a fee
for services provided by the Department of State to an individual for
assistance in the preparation and filing of an affidavit of support
pursuant to section 213A of the Immigration and Nationality Act (8
U.S.C. 1183A) to ensure that the affidavit is properly completed before
consideration of the affidavit and an immigrant visa application by a
consular officer.
(b) Limitation.--An individual may be charged a fee under this
section only once, regardless of the number of separate affidavits of
support and visa applications for which services are provided.
(c) Treatment of Fees.--Fees collected under the authority of
subsection (a) shall be deposited as an offsetting collection to any
Department of State appropriation, to recover the costs of providing
affidavit preparation services under subsection (a). Such fees shall
remain available for obligation until expended. Fees collected shall be
available only to such extent and in such amounts as are provided in
advance in an appropriation act.
CHAPTER 3--REFUGEES
SEC. 271. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--None of the funds made available by this Act or by
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary return by
the United States of any person to a country in which the person has a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as a
refugee under the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to the Status of
Refugees of January 31, 1967, subject to the reservations contained in
the United States Senate Resolution of Ratification.
(b) Migration and Refugee Assistance.--None of the funds made
available by this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to any country unless the
Secretary of State first notifies the appropriate congressional
committees, except that in the case of an emergency involving a threat
to human life the Secretary of State shall notify the appropriate
congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 272. HUMAN RIGHTS REPORTS.
Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(b)) is amended by inserting after the fourth sentence the
following: ``Each report under this section shall describe the extent
to which each country has extended protection to refugees, including
the provision of first asylum and resettlement.''.
SEC. 273. GUIDELINES FOR REFUGEE PROCESSING POSTS.
(a) Guidelines for Addressing Hostile Biases.--Section 602(c) of the
International Religious Freedom Act of 1998 (Public Law 105-292; 112
Stat. 2812) is amended by inserting ``and of the Department of State''
after ``Service''.
(b) Guidelines for Overseas Refugee Processing.--Section 602(c) of
such Act is further amended by adding at the end the following new
paragraph:
``(3) Not later than 120 days after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Year 2000,
the Secretary of State (after consultation with the Attorney
General) shall issue guidelines to ensure that persons with
potential biases against any refugee applicant, including
persons employed by, or otherwise subject to influence by,
governments known to be involved in persecution on account of
religion, race, nationality, membership in a particular social
group, or political opinion, shall not in any way be used in
processing determinations of refugee status, including
interpretation of conversations or examination of documents
presented by such applicants.''.
SEC. 274. VIETNAMESE REFUGEES.
No funds authorized to be appropriated by this Act may be made
available to support a larger number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic of
Vietnam than the number assigned to such posts on March 22, 1999,
unless not less than 60 days prior to any obligation or expenditure of
such funds the Secretary of State submits a certification to the
appropriate congressional committees that--
(1) all United States refugee programs in Vietnam, as well as
programs to provide visas for Amerasians and for immediate
relatives of refugees and asylees, are supervised by a Refugee
Counselor or Refugee Coordinator who has a proven record of
sensitivity to the problems of refugees and other victims of
human rights violations and who reports directly to the
Ambassador or the Consul General at the United States Consulate
in Saigon and receives policy guidance from the Assistant
Secretary of State for the bureau with principal responsibility
for refugees;
(2) a program has been established in which all former United
States Government employees who were adjudicated through a
Vietnamese government interpreter and whose applications for
refugee status were denied will be re-interviewed by
Immigration and Naturalization Service (INS) Asylum Officers
reporting directly to INS headquarters in Washington, D.C., and
receiving specialized training and written guidance from the
INS Asylum Division and Office of General Counsel;
(3) members of the Montagnard ethnic minority groups who
fought alongside United States forces prior to 1975, and who
later served three years or more in prisons or re-education
camps, will not be disqualified from eligibility for
resettlement in the United States as refugees on the sole
ground that they continued to fight the Communists after 1975
and therefore did not begin their prison or re-education
sentences until several years later;
(4) allied combat veterans whose three-year re-education or
prison sentences began before April 30, 1975, because they were
serving in parts of the country that fell to the Communists
before Saigon, and who are otherwise eligible for resettlement
as refugees in the United States, are not disqualified on the
sole ground of the date their re-education or prison sentences
began;
(5) persons who were eligible for the Orderly Departure
Program (ODP), but who missed the application deadline
announced and imposed in 1994 because they were still in
detention, in internal exile in a remote and inaccessible
location, unable to afford bribes demanded by corrupt local
officials for documentation and permission to attend refugee
interviews, or for other reasons beyond their control, will be
considered for interviews on a case-by-case basis, and that
such case-by-case consideration is subject to clear written
guidance and administrative review to ensure that persons who
missed the deadline for reasons beyond their control will not
be denied consideration on the merits;
(6) widows of allied combat veterans who died in re-education
camps, including those who did not apply before the 1994
deadline solely because they lacked documentary evidence from
the Communist authorities to prove the death and/or marriage,
and who are otherwise eligible for ODP will have their cases
considered on the merits;
(7) unmarried sons and daughters of persons eligible for
United States programs, including persons described in section
2244 of the Foreign Affairs Reform and Restructuring Act of
1998 (enacted as Division G of the Omnibus Consolidated
Emergency Supplemental Appropriations Act for Fiscal Year 1999,
Public Law 105-277) will not be disqualified from accompanying
or following to join their parents on the sole ground that they
have not been continuously listed on the household registration
issued to their parents by the government of the Socialist
Republic of Vietnam;
(8) returnees from refugee camps outside Vietnam who met the
criteria for the Resettlement Opportunities for Vietnamese
Returnees (ROVR) program, in that they either signed up for
repatriation or were actually repatriated between October 1,
1995, and June 30, 1996, but did not fill out a ROVR
application before their repatriation, will be given the
opportunity to fill out an application in Vietnam and will have
their cases considered on the merits;
(9) returnees whose special circumstances denied them any
meaningful opportunity to apply for ROVR in the camps, such as
those who were not offered applications because they were in
hospitals or were being held in detention centers within
certain camps, or who were erroneously told by camp
administrators or Vietnamese government officials that they
were ineligible for the program, will be given an opportunity
to apply in Vietnam and will have their cases considered on the
merits, even if their repatriation took place after June 30,
1996;
(10) a program has been established to identify, interview,
and resettle persons who have experienced recent persecution or
credible threats of persecution because of political,
religious, or human rights activities in Vietnam, subject to
clear written standards to ensure that such persons will have
access to the program whether or not they are included in a
ROVR or ODP interview category and whether or not their cases
are referred by an international organization;
(11) written guidance with respect to applications for
reconsideration has been issued by the Immigration and
Naturalization Service Office of General Counsel to ensure that
applicants whose cases were denied on grounds described in
paragraphs (2) through (10), because they were unwilling or
unable to describe mistreatment by the Vietnamese government in
the presence of a Vietnamese government interpreter, or for
other reasons contrary to the interest of justice, will be re-
interviewed; and
(12) all applicants described in paragraphs (2) through (11)
will have the assistance of a Joint Voluntary Agency (JVA) in
preparing their cases.
TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE
DEPARTMENT OF STATE; FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 301. ESTABLISHMENT OF BUREAU FOR INTERNATIONAL INFORMATION
PROGRAMS AND BUREAU FOR EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following new
subsection:
``(i) Establishment of Certain Bureaus, Offices, and Other
Organizational Entities Within the Department of State.--
``(1) Bureau for international information programs.--There
is established within the Department of State the Bureau for
International Information Programs which shall assist the
Secretary of State in carrying out international information
activities formerly carried out by the United States
Information Agency.
``(2) Bureau for educational and cultural exchange
programs.--There is established within the Department of State
a Bureau for Educational and Cultural Exchange Programs which
shall assist the Secretary of State in carrying out educational
and cultural exchange programs.''.
SEC. 302. CORRECTION OF DESIGNATION OF INSPECTOR GENERAL OF THE
DEPARTMENT OF STATE.
(a) Amendments to Foreign Service Act of 1980.--The Foreign Service
Act of 1980 is amended--
(1) in section 105(b)(2)(B) by striking ``State and the
Foreign Service)'' and inserting ``State)'';
(2) in section 209(a)(1)--
(A) by striking ``State and the Foreign Service,''
and inserting ``State,''; and
(B) by striking the second sentence;
(3) in section 603(a) by striking ``State and the Foreign
Service,'' and inserting ``State,''; and
(4) in section 1002(12)(E) by striking ``and the Foreign
Service''.
(b) Amendments to the Foreign Affairs Reform and Restructuring Act of
1998.--The Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted in division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended--
(1) in section 2208(c) by striking ``and the Foreign
Service''; and
(2) in section 1314(e) by striking ``and the Foreign
Service''.
(c) Amendments to Public Law 103-236.--Effective October 2, 1999,
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 by striking ``Inspector General of the Department of State and
the Foreign Service'' each place it appears and inserting ``Inspector
General of the Department of State''.
(d) Amendments to United States International Broadcasting Act of
1994.--Section 304(a)(3)(A) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6203(a)(3)(A)) is amended by
striking ``and the Foreign Service''.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE
SEC. 321. ESTABLISHMENT OF FOREIGN SERVICE STAR.
The State Department Basic Authorities Act of 1956 is amended by
inserting after section 36 the following new section:
``SEC. 36A. THE FOREIGN SERVICE STAR.
``(a) Authority.--The President may award a decoration called the
`Foreign Service Star' to an individual--
``(1) who is killed or injured after August 1, 1998,
``(2) whose death or injury occurs while the individual is a
member of the Foreign Service or a civilian employee of the
Government of the United States--
``(3) whose death or injury occurs while the individual--
``(A) is employed at, or assigned permanently or
temporarily to, an official mission overseas, or
``(B) was traveling abroad on official business, and
``(4) whose death or injury occurs while performing official
duties, while on the premises of a United States mission
abroad, or due to such individual's status as an employee of
the United States Government, and results from any form of
assault including terrorist or military action, civil unrest,
or criminal activities directed at facilities of the Government
of the United States.
``(b) Selection.--The Secretary shall submit recommendations for the
Foreign Service Star to the President. The Secretary shall establish
criteria and procedures for nominations for the Foreign Service Star
pursuant to such regulations as the Secretary may prescribe for awards
under this section.
``(c) Funding.--Any expenses incident to an award under this section
may be paid out of the applicable current account of the agency with
which the individual was or is employed.
``(d) Posthumous Award.--A Foreign Service Star award to an
individual who is deceased shall be presented to the individual's next
of kin or representative, as designated by the President.''.
SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the last sentence by striking ``(A)'' and all
that follows through ``(B)''.
SEC. 323. BORDER EQUALIZATION ADJUSTMENT.
Chapter 4 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.) is amended by adding the following new section at the
end:
``SEC. 414. BORDER EQUALIZATION ADJUSTMENT.
``(a) In General.--An employee who regularly commutes from his or her
place of residence in the continental United States to an official duty
station in Canada or Mexico shall receive a border equalization
adjustment equal to the amount of comparability payments under section
5304 of title 5, United States Code, that he or she would receive if
assigned to an official duty station within the United States locality
pay area closest to the employee's official duty station.
``(b) Definition of Employee.--For purposes of this section, the term
`employee' shall mean a person who--
``(1) is an `employee' as defined under section 2105 of title
5, United States Code; and
``(2) is employed by the United States Department of State,
the United States Agency for International Development, or the
International Joint Commission, except that the term shall not
include members of the Foreign Service as defined by section
103 of the Foreign Service Act of 1980 (Public Law 96-465),
section 3903 of title 22 of the United States Code.
``(c) Treatment as Basic Pay.--An equalization adjustment payable
under this section shall be considered basic pay for the same purposes
as are comparability payments under section 5304 of title 5, United
States Code, and its implementing regulations.
``(d) Regulations.--The agencies referenced in subsection (b)(2) are
authorized to promulgate regulations to carry out the purposes of this
section.''.
SEC. 324. TREATMENT OF GRIEVANCE RECORDS.
Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C.
4133(d)(1)) is amended by adding the following new sentence at the end:
``Nothing in this subsection shall prevent a grievant from placing a
rebuttal to accompany a record of disciplinary action in such
grievant's personnel records nor prevent the Department from including
a response to such rebuttal, including documenting those cases in which
the Board has reviewed and upheld the discipline.''.
SEC. 325. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE
AND TECHNICAL PERSONNEL.
(a) Findings.--The Congress finds that administrative and technical
personnel posted to United States missions abroad who do not have
diplomatic status suffer financial disadvantages from their lack of
such status.
(b) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees concerning the extent to which
administrative and technical personnel posted to United States missions
abroad who do not have diplomatic status suffer financial disadvantages
from their lack of such status, including proposals to alleviate such
disadvantages.
SEC. 326. EXTENSION OF OVERSEAS HIRING AUTHORITY.
Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C. 3922(a))
is amended by inserting at the end the following new paragraph:
``(4) When and to the extent the Secretary of State deems it in the
best interests of the United States Government, the Secretary of State
may authorize the head of any agency or other Government establishment
(including any establishment in the legislative or judicial branch), to
appoint pursuant to section 303 individuals hired abroad as members of
the Service and to utilize the Foreign Service personnel system under
such regulations as the Secretary of State may prescribe, provided that
appointments of United States citizens under this subsection shall be
limited to appointments authorized by section 311(a).''.
SEC. 327. MEDICAL EMERGENCY ASSISTANCE.
Section 5927 of title 5, United States Code, is amended to read as
follows:
``Sec. 5927. Advances of pay
``(a) Up to three months' pay may be paid in advance--
``(1) to an employee upon the assignment of the employee to a
post in a foreign area;
``(2) to an employee, other than an employee appointed under
section 303 of the Foreign Service Act of 1980 (and employed
under section 311 of such Act), who--
``(A) is a citizen of the United States;
``(B) is officially stationed or located outside the
United States pursuant to Government authorization; and
``(C) requires (or has a family member who requires)
medical treatment outside the United States, in
circumstances specified by the President in
regulations; and
``(3) to a foreign national employee appointed under section
303 of the Foreign Service Act of 1980, or a nonfamily member
United States citizen appointed under such section 303 (and
employed under section 311 of such Act) for service at such
nonfamily member's post of residence, who--
``(A) is located outside the country of employment of
such foreign national employee or nonfamily member (as
the case may be) pursuant to Government authorization;
and
``(B) requires medical treatment outside the country
of employment of such foreign national employee or
nonfamily member (as the case may be), in circumstances
specified by the President in regulations.
``(b) For the purpose of this section, the term `country of
employment', as used with respect to an individual under subsection
(a)(3), means the country (or other area) outside the United States
where such individual is appointed (as described in subsection (a)(3))
by the Government.''.
SEC. 328. FAMILIES OF DECEASED FOREIGN SERVICE PERSONNEL.
Section 5922 of title 5, United States Code, is amended by adding at
the end the following:
``(f)(1) If an employee dies at post in a foreign area, a transfer
allowance under section 5924(2)(B) may be granted to the spouse or
dependents of such employee (or both) for the purpose of providing for
their return to the United States.
``(2) A transfer allowance under this subsection may not be granted
with respect to the spouse or a dependent of the employee unless, at
the time of death, such spouse or dependent was residing--
``(A) at the employee's post of assignment; or
``(B) at a place, outside the United States, for which a
separate maintenance allowance was being furnished under
section 5924(3).
``(3) The President may prescribe any regulations necessary to carry
out this subsection.''.
SEC. 329. PARENTAL CHOICE IN EDUCATION.
Section 5924(4) of title 5, United States Code, is amended--
(1) in subparagraph (A) by striking ``between that post and
the nearest locality where adequate schools are available,''
and inserting ``between that post and the school chosen by the
employee, not to exceed the total cost to the Government of the
dependent attending an adequate school in the nearest locality
where an adequate school is available,''; and
(2) by adding after subparagraph (B) the following new
subparagraph:
``(C) In those cases in which an adequate school is
available at the post of the employee, if the employee
chooses to educate the dependent at a school away from
post, the education allowance which includes board and
room, and periodic travel between the post and the
school chosen, shall not exceed the total cost to the
Government of the dependent attending an adequate
school at the post of the employee.''.
SEC. 330. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL
AGENCIES.
Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c))
is amended by striking paragraph (4) and inserting the following:
``(4) Not later than March 1, 2001, and every four years thereafter,
the Secretary of State shall submit a report to the Speaker of the
House of Representatives and to the Committee on Foreign Relations of
the Senate which shall include the following:
``(A) A description of the steps taken and planned in
furtherance of--
``(i) maximum compatibility among agencies utilizing
the Foreign Service personnel system, as provided for
in section 203, and
``(ii) the development of uniform policies and
procedures and consolidated personnel functions, as
provided for in section 204.
``(B) A workforce plan for the subsequent five years,
including projected personnel needs, by grade and by skill.
Each such plan shall include for each category the needs for
foreign language proficiency, geographic and functional
expertise, and specialist technical skills. Each workforce plan
shall specifically account for the training needs of Foreign
Service personnel and shall delineate an intake program of
generalist and specialist Foreign Service personnel to meet
projected future requirements.
``(5) If there are substantial modifications to any workforce plan
under paragraph (4)(B) during any year in which a report under
paragraph (4) is not required, a supplemental annual notification shall
be submitted in the same manner as is required under paragraph (4).''.
SEC. 331. COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS OVERSEAS.
The Secretary of State shall examine the current benefit structure
for survivors of United States Government employees who are killed
while serving at United States diplomatic facilities abroad as a result
of terrorist acts. Such a review shall include an examination of
whether such benefits are adequate, whether they are fair and equitably
distributed without regard to category of employment, and how they
compare to benefits available to survivors of other United States
Government employees serving overseas, including noncivilian employees.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) Designation of Ngawang Choephel Exchange Programs.--Section
103(a) of the Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319) is amended by inserting
after the first sentence the following: ``Exchange programs under this
subsection shall be known as the `Ngawang Choephel Exchange
Programs'.''.
(b) Scholarships for Tibetans and Burmese.--Section 103(b)(1) of the
Human Rights, Refugee, and Other Foreign Relations Provisions Act of
1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended by striking
``for the fiscal year 1999'' and inserting ``for the fiscal year
2000''.
SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
Section 102 of the Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (22 U.S.C. 2452 note) is amended by striking
``Director'' and all that follows through the period and inserting the
following: ``Secretary of State, with the assistance of the Under
Secretary for Public Diplomacy, shall--
``(1) include, as a substantial proportion of the
participants in such programs, nationals of such countries who
have demonstrated a commitment to freedom and democracy;
``(2) consult with human rights and democracy advocates from
such countries on the selection of participants and grantees
for such programs; and
``(3) select grantees for such programs only after a
competitive process in which proposals are solicited from
multiple applicants and in which important factors in the
selection of a grantee include the relative likelihood that
each of the competing applicants would be willing and able:
``(A) to identify and recruit as participants in the
program persons described in paragraph (1); and
``(B) in selecting participants who are associated
with governments or other institutions wielding power
in countries described in this section, toidentify and
recruit those most likely to be open to freedom and democracy and to
avoid selecting those who are so firmly committed to the suppression of
freedom and democracy that their inclusion could create an appearance
that the United States condones such suppression.''.
SEC. 403. NOTIFICATION TO CONGRESS OF GRANTS.
Section 705 of the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1477c(b)) is amended--
(1) by inserting ``(a)'' after ``705.''; and
(2) by inserting at the end the following new subsection:
``(b) For fiscal year 2000 and each subsequent fiscal year, the
Secretary of State may not award any grant to carry out the purposes of
this Act until 45 days after written notice has been provided to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate of the intent to
award such grant. In determining whether to award a grant the Secretary
shall consider any objections or modifications raised in the course of
consultations with such committees.''.
SEC. 404. NATIONAL SECURITY MEASURES.
The United States Information and Educational Exchange Act of 1948 is
amended by adding after section 1011 the following new sections:
``national security measures
``Sec. 1012. In coordination with other appropriate executive branch
officials, the Secretary of State shall take all appropriate steps to
prevent foreign espionage agents from participating in educational and
cultural exchange programs under this Act.
``proliferation of weapons of mass destruction
``Sec. 1013. The Secretary of State shall take all appropriate steps
to ensure that no individual, who is employed by or attached to an
office or department involved with the research, development, or
production of missiles or weapons of mass destruction, from a country
identified by the Central Intelligence Agency, the Department of
Defense, the National Security Agency, or the Department of Energy, as
a country involved in the proliferation of missiles or weapons of mass
destruction is a participant in any program of educational or cultural
exchange under this Act. Appropriate steps under this section shall
include prior consultation with the Federal agencies designated in the
first sentence with respect to all prospective participants in such
programs with respect to whom there is a reasonable basis to believe
that such prospective participant may be employed by or attached to an
office or department identified under the first sentence.''.
SEC. 405. DESIGNATION OF NORTH/SOUTH CENTER AS THE DANTE B. FASCELL
NORTH-SOUTH CENTER.
(a) Designation.--Section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Short Title.--This section may be cited as the `Dante B.
Fascell North-South Center Act of 1991'.'';
(2) in subsection (c)--
(A) by amending the section heading to read as
follows: ``Dante B. Fascell North-South Center.--'';
and
(B) by striking ``known as the North/South Center,''
and inserting ``which shall be known and designated as
the Dante B. Fascell North-South Center,''; and
(3) in subsection (d) by striking ``North/South Center'' and
inserting ``Dante B. Fascell North-South Center''.
(b) References.--
(1) Center.--Any reference in any other provision of law to
the educational institution in Florida known as the North/South
Center shall be deemed to be a reference to the ``Dante B.
Fascell North-South Center''.
(2) Short title.--Any reference in any other provision of law
to the North/South Center Act of 1991 shall be deemed to be a
reference to the ``Dante B. Fascell North/South Center Act of
1991''.
SEC. 406. ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and Restructuring Act of
1998 (enacted as Division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999; Public Law 105-
277) is repealed.
SEC. 407. INTERNATIONAL EXPOSITIONS.
(a) Limitation.--Except as provided in subsection (b),
notwithstanding any other provision of law, the Department of State may
not obligate or expend any funds for a United States Government funded
pavilion or other major exhibit at any international exposition or
world's fair registered by the Bureau of International Expositions in
excess of amounts expressly authorized and appropriated for such
purpose.
(b) Exceptions.--
(1) The Department of State is authorized to utilize its
personnel and resources to carry out its responsibilities--
(A) under section 102(a)(3) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C.
2452(a)(3), to provide for United States participation
in international fairs and expositions abroad;
(B) under section 105(f) of such Act with respect to
encouraging foreign governments, international
organizations, and private individuals, firms,
associations, agencies and other groups to participate
in international fairs and expositions and to make
contributions to be utilized for United States
participation in international fairs and expositions;
and
(C) to encourage private support to the United States
Commissioner General for participation in international
fairs and expositions.
(2) Nothing in this subsection shall be construed as
authorizing the use of funds appropriated to the Department of
State to make payments for--
(A) contracts, grants, or other agreements with any
other party to carry out the activities described in
this subsection; or
(B) any legal judgment or the costs of litigation
brought against the Department of State arising from
activities described in this subsection.
(c) Repeal.--Section 230 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note) is repealed.
SEC. 408. ROYAL ULSTER CONSTABULARY.
The Secretary of State shall take all appropriate steps to ensure
that members of the Royal Ulster Constabulary (RUC) are not
participants in any program of educational or cultural exchange or
training through the National Academy Program at Quantico, Virginia,
under the auspices of the Department of State or the Federal Bureau of
Investigation of the Department of Justice unless the President
certifies that complete, independent, credible and transparent
investigations of the murders of defense attorneys Rosemary Nelson and
Patrick Finucane have been initiated by the Government of the United
Kingdom and that the Government has taken appropriate steps to protect
defense attorneys against RUC harassment in Northern Ireland, in which
case the President may permit any program, exchange, or training set
forth herein.
TITLE V--INTERNATIONAL BROADCASTING
SEC. 501. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA.
(a) Repeal of Sunset Provision.--Section 309 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended--
(1) by striking subsection (g); and
(2) in subsection (d)(2) by striking ``Government,'' and all
that follows through the period and inserting ``Government.''.
(b) Repeal of Funding Limitations.--Section 309 of the United States
International Broadcasting Act of 1994 is further amended--
(1) in subsection (d) by striking paragraphs (4) and (5) and
by redesignating paragraph (6) as paragraph (4); and
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking ``the funding''
and all that follows through the semicolon and
inserting ``any funding limitations under subsection
(d);''; and
(B) in paragraph (3) by striking ``the funding'' and
all that follows through the period and inserting ``any
funding limitations under subsection (d).''.
SEC. 502. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).
(a) Repeal of Privatization Policy Statement.--Section 312 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6211)
is repealed.
(b) Increase in Limitation on Grant Amounts.--Section 308(c) of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6207(c)) is amended by striking ``$75,000,000'' and inserting
``$80,000,000''.
SEC. 503. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF
GOVERNORS.
Section 304 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6203) is amended by adding at the end the following new
subsection:
``(g) Immunity From Civil Liability.--Notwithstanding any other
provision of law, the Volunteer Protection Act of 1997 shall apply to
the members of the Broadcasting Board of Governors when acting in their
capacities as members of the boards of directors of RFE/RL,
Incorporated and Radio Free Asia.''.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
SEC. 601. INTERPARLIAMENTARY GROUPS.
(a) American Delegations to Conferences.--Notwithstanding any other
provision of law, whenever either the House of Representatives or the
Senate does not appoint its allotment of members as part of the
American delegation or group to a conference or assembly of the
British-American Interparliamentary Group, the Conference on Security
and Cooperation in Europe (CSCE), the Mexico-United States
Interparliamentary Group, the North Atlantic Assembly, or any similar
interparliamentary group of which the United States is a member or
participates and so notifies the other body of Congress, the other body
may make appointments to complete the membership of the American
delegation. Any appointment pursuant to this section shall be for the
period of such conference or assembly and the body of Congress making
such an appointment shall be responsible for the expenses of any member
so appointed. Any such appointment shall be made in same manner in
which other appointments to the delegation by such body of Congress are
made.
(b) Transatlantic Legislative Dialogue.--Section 109(c) of the
Department of State Authorization Act, Fiscal Years 1984 and 1985 (22
U.S.C. 276 note) is amended by striking ``United States-European
Community Interparliamentary Group'' and inserting ``Transatlantic
Legislative Dialogue (United States-European Union Interparliamentary
Group)''.
SEC. 602. AUTHORITY TO ASSIST STATE AND LOCAL GOVERNMENTS.
(a) Authority.--The Commissioner of the U.S. Section of the
International Boundary and Water Commission may provide technical
tests, evaluations, information, surveys, or other similar services to
State or local governments upon the request of such State or local
government on a reimbursable basis.
(b) Reimbursements.--Reimbursements shall be paid in advance of the
goods or services ordered and shall be for the estimated or actual cost
as determined by the U.S. Section of the International Boundary and
Water Commission. Proper adjustment of amounts paid in advance shall be
made as agreed to by the U.S. Section of the International Boundary and
Water Commission on the basis of the actual cost of goods or services
provided. Reimbursements received by the U.S. Section of the
International Boundary and Water Commission for providing services
under this section shall be credited to the appropriation from which
the cost of providing the services will be charged.
SEC. 603. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) Expanded Authority To Receive Payments.--Section 2(b) of the
American-Mexican Chamizal Convention Act of 1964 (Public Law 88-300; 22
U.S.C. 277d-18(b)) is amended by inserting ``operations, maintenance,
and'' after ``cost of''.
SEC. 604. CONCERNING UNITED NATIONS GENERAL ASSEMBLY RESOLUTION ES-10/
6.
(a) Findings.--The Congress makes the following findings:
(1) In an Emergency Special Session, the United Nations
General Assembly voted on February 9, 1999, to pass Resolution
ES-10/6, Illegal Israeli Actions In Occupied East Jerusalem And
The Rest Of The Occupied Palestinian Territory, to convene for
the first time in 50 years the parties of the Fourth Geneva
Convention for the Protection of Civilians in Time of War.
(2) Such resolution unfairly places full blame for the
deterioration of the Middle East Peace Process on Israel and
dangerously politicizes the Geneva Convention, which was
established to deal with critical humanitarian crises.
(3) Such vote is intended to prejudge direct negotiations,
put added and undue pressure on Israel to influence the results
of those negotiations, and single out Israel for unprecedented
enforcement proceedings which have never been invoked against
governments with records of massive violations of the Geneva
Convention.
(b) Congressional Statement of Policy.--The Congress--
(1) commends the Department of State for the vote of the
United States against United Nations General Assembly
Resolution ES-10/6 affirming that the text of such resolution
politicizes the Fourth Geneva Convention which was primarily
humanitarian in nature; and
(2) urges the Department of State to continue its efforts
against convening the conference.
TITLE VII--GENERAL PROVISIONS
SEC. 701. SENSE OF THE CONGRESS CONCERNING SUPPORT FOR DEMOCRACY AND
HUMAN RIGHTS ACTIVISTS IN CUBA.
It is the sense of the Congress that--
(1) the United States should increase its support to
democracy and human rights activists in Cuba, providing
assistance with the same intensity and decisiveness with which
it supported the pro-democracy movements in Eastern Europe
during the Cold War; and
(2) the United States should substantially increase funding
for programs and activities under section 109 of the Cuban
Liberty and Democratic Solidarity Act of 1996 (22 U.S.C. 6021
et seq.) designed to support democracy and human rights
activists and others in Cuba who are committed to peaceful and
democratic change on the island.
SEC. 702. RELATING TO CYPRUS.
(a) Findings.--The Congress makes the following findings:
(1) At the urging of the United States Government, the
Republic of Cyprus refrained from exercising that country's
sovereign right to self-defense, a right fully recognized by
the United States Government and by Article 51 of the Charter
of the United Nations, and canceled the deployment on Cyprus of
defensive antiaircraft missiles.
(2) In close cooperation with the United States Government
and the Government of Greece, Cyprus rerouted the missiles to
the Greek island of Crete.
(3) This extraordinarily conciliatory and courageous action
was taken in the interest of peace.
(4) With this action, the Republic of Cyprus displayed its
full compliance with the recently adopted United Nations
Security Council Resolutions 1217 and 1218 which address the
Cyprus issue, demonstrated its support for President Bill
Clinton's December 22, 1998, commitment to ``take all necessary
steps to support a sustained effort to implement United Nations
Security Council Resolution 1218'', and continued its efforts
of the last 25 years to take substantive steps to reduce
tensions and move toward a Cyprus settlement.
(5) The Republic of Cyprus has no navy, air force, or army
and faces one of the world's largest and most sophisticated
military forces, just minutes away, in Turkey, as well as an
area described by the United Nations Secretary General as,
``one of the most densely militarized areas in the world'' in
the Turkish-occupied area of northern Cyprus.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) in light of this and other similar extraordinary actions
taken by the Republic of Cyprus, as well as the importance of a
Cyprus settlement to American security and other interests, the
United States should do all that is possible to bring about
commensurate actions by Turkey;
(2) the time has come for the United States to expect from
Turkey actions on the Cyprus issue in the interest of peace,
including steps in conformity with United States proposals
concerning Cyprus and in compliance with provisions contained
in United Nations Security Council Resolutions 1217 and 1218;
and
(3) such an effort would also be in the best interest of the
people of Turkey, as well as in the interest of all others
involved.
Amend the title so as to read:
A bill to authorize appropriations for the Department of
State and related agencies for fiscal year 2000, and for other
purposes.
Background and Purpose
H.R. 1211, the Foreign Relations Authorization Act,
represents a bipartisan measure to authorize appropriations for
fiscal year 2000 for the Department of State and the new
functions consolidated within the Department beginning in
fiscal year 2000.
It authorizes $6.47 billion in fiscal year 2000 for the
operations of the Department of State which includes the
consolidated activities of the Arms Control and Disarmament
Agency and the U.S. Information Agency.
The Security of U.S. Personnel at Overseas Posts is the Committee's Top
Priority
This authorization total includes $1.4 billion in worldwide
security enhancements to protect our missions and personnel
abroad, the amount recommended in the report of the
Accountability Review Boards that investigated the August 1998
bombings of the United States Embassies in Nairobi and Dar es
Salaam (the ``Crowe Report''). The Committee greatly increased
the security authorization above the Administration's $304
million request to be sure that the program could continue. The
world continues to be a dangerous place and every effort must
be made to secure the lives of United States government
employees working abroad.
H.R. 1211 also includes a number of new administrative
authorities requested by the executive branch.
Agency Consolidation Issues
This budget reflects the first year of the consolidation of
the Arms Control and Disarmament Agency and the U.S.
Information Agency into the Department of State. This has
resulted in the merger of certain accounts for these agencies.
In an effort to protect the programs and activities
specifically for public diplomacy, the bill requires a separate
account for international information programs and establishes
two assistant secretaries, one for international information
programs and a second for exchange programs under the new
position of Under Secretary for Public Diplomacy.
Committee Action
Introduction and Consideration of the Bill
H.R. 1211, The Foreign Relations Authorization Act, FY 2000
and 2001, was introduced by Rep. Smith (NJ) on March 22, 1999,
and referred to the Committee on International Relations.
On February 25, 1999, the Committee held a hearing on the
President's FY 2000 International Affairs Budget Request, with
Secretary of State Madeleine Albright testifying.
On March 2, 1999, the Subcommittee on International
Operations and Human Rights held a hearing on the Foreign
Relations Authorization for FY 2000-2001: Department of State
Management Initiatives. The witnesses included Hon. Bonnie
Cohen, Under Secretary for Management, Department of State; and
Hon. Patrick Kennedy, Assistant Secretary for Administration,
Department of State.
On March 4, 1999, the Subcommittee on International
Operations and Human Rights held a hearing on the Foreign
Relations Authorization for FY 2000-2001: Public Diplomacy
Programs. The witnesses for this hearing included: Hon. Penn
Kemble, Acting Director, United States Information Agency; Mr.
Edward E. Kaufman, Member, Board of Broadcasting Governors; and
Mr. Carl Gershman, President, National Endowment for Democracy.
On March 9, 1999, the Subcommittee on International
Operations and Human Rights held a hearing on the Foreign
Relations Authorization for FY 2000-2001: Refugees and
Migration. The witnesses included Hon. Julia V. Taft, Assistant
Secretary, Bureau of Population, Refugees, and Migration,
Department of State; Ms. Karen AbuZayd, Regional
Representative, United Nations High Commissioner for Refugees;
Mr. Reynold Levy, President and Chief Executive Officer,
International Rescue Committee; Mr. Donald Hammond, Senior Vice
President, World Relief; Ms. Diana Aviv, Senior Associate
Executive Vice President, Council of Jewish Federations; and
Mr. Lionel Rosenblatt, President, Refugees International.
On March 12, 1999, the Subcommittee on International
Operations and Human Rights held a hearing on the Foreign
Relations Authorization for FY 2000-2001: Security of United
States Missions Abroad. The witnesses for this hearing
included: Admiral William J. Crowe, Jr., Chairman of the
Accountability Review Board; Mr. Daniel F. Geisler, President,
American Foreign Service Association; and Hon. David G.
Carpenter, Assistant Secretary for Diplomatic Security,
Department of State.
MARKUP OF THE BILL
On March 23, 1999, the Subcommittee on International
Operations and Human Rights marked up the bill in open session,
pursuant to notice. The Subcommittee favorably reported the
bill, as amended, to the Full Committee.
The Full Committee marked up the bill, pursuant to notice,
in open session, on April 14 and 15, 1999. An amendment in the
nature of a substitute was offered, amended, and adopted. On
April 15, 1999, a quorum being present, the Committee by voice
vote ordered the bill reported to the House, with the
recommendation that the bill, as amended, do pass.
ROLLCALL VOTES
Record Votes on Amendments and Motion to Report
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the committee
report.
Description of amendment, motion, order, or other proposition (votes
during markup of H.R. 1211--April 14, 1999)
Vote No. 1 (12:17 p.m.)--Campbell amendment regarding the
United Nations Population Fund (``UNFPA''), provides that no
U.S. funds are spent in China while still enabling the U.S. to
contribute to UNFPA programs in other parts of the world.
Voting Yes: Gilman, Leach, Campbell, Cooksey, Gejdenson,
Berman, Ackerman, Martinez, Payne, Menendez, Brown, McKinney,
Hilliard, Sherman, Wexler, Rothman, Davis, Pomeroy, Delahunt,
Meeks, Lee, Crowley, and Hoeffel.
Voting No: Goodling, Hyde, Bereuter, Smith, Burton, Ros-
Lehtinen, Ballenger, Rohrabacher, Manzullo, King, Chabot,
Sanford, Salmon, McHugh, Brady, Burr, and Tancredo.
Ayes 23. Noes 17.
Vote No. 2 (12:54 p.m.)--Sanford amendment that cuts funds
to the Asia Foundation, North-South Center, and East-West
Center to FY 98 levels.
Voting Yes: Goodling, Ballenger, Rohrabacher, Manzullo,
Chabot, Sanford, Salmon, Burr, Cooksey, and Tancredo.
Voting No: Gilman, Hyde, Bereuter, Smith, Ros-Lehtinen,
King, Houghton, McHugh, Brady, Gejdenson, Berman, Ackerman,
Martinez, Payne, Menendez, Brown, McKinney, Hilliard, Sherman,
Wexler, Rothman, Davis, Pomeroy, Delahunt, Meeks, Lee, Crowley,
and Hoeffel.
Voting ``Present'': Campbell.
Ayes, 10. Noes, 28. Present, 1.
Vote No. 3 (4:50 p.m.)--Gejdenson amendment to Rohrabacher
amendment that deletes language which prohibits preferential
treatment and expedited approval for licenses for exports of
satellites and related items being extended to the PRC and to
countries which represent a national security threat to the
U.S. or judged as likely to transfer such items to such
countries.
Voting Yes: Bereuter, Houghton, Campbell, Burr, Gejdenson,
Berman, Ackerman, Martinez, Payne, Menendez, McKinney, Danner,
Rothman, Davis, Pomeroy, Delahunt, Meeks, Lee, Crowley, and
Hoeffel.
Voting No: Gilman, Goodling, Smith, Rohrabacher, Royce,
King, Chabot, Sanford, McHugh, Brady, Gillmor, Cooksey,
Tancredo, and Sherman.
Ayes, 20. Noes, 14.
Description of amendment, motion, order, or other proposition (votes
during markup of H.R. 1211--April 15, 1999)
Vote No. 1 (2:54 p.m.)--Menendez amendment which adds new
title: ``Title VII--General Provisions, Sec. 701. Relating to
Cyprus.''
Voting Yes: Gilman, Goodling, Royce, King, Chabot,
Radanovich, Gejdenson, Berman, Ackerman, Payne, Menendez,
McKinney, Danner, Hilliard, Sherman, Wexler, Rothman, Davis,
Pomeroy, Meeks, Lee, Crowley, and Hoeffel.
Voting No: Bereuter, Burton, Ballenger, Rohrabacher,
Sanford, Houghton, Campbell, McHugh, Burr, Gillmor, and
Cooksey.
Ayes, 23. Noes, 11.
Note: The bill was ordered favorably reported, as amended,
by voice vote, a quorum being present, on April 15, 1999.
Other Matters
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the Government Reform Committee pursuant to clause (4)(c)(2) of
rule X of those Rules. The Committee on International Relations
has received no such findings or recommendations from the
Committee on Government Reform.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Constitutional Authority Statement
In compliance with clause 3(d)(1) of rule XIII of the Rules
of the House of Representatives, the Committee cites the
following specific powers granted to the Congress in the
Constitution as authority for enactment of H.R. 1211 as
reported by the Committee: Article I, section 8, clause 1
(relating to providing for the common defense and general
welfare of the United States); Article I, section 8, clause 3
(relating to the regulation of commerce with foreign nations);
and Article I, section 8, clause 18 (relating to making all
laws necessary and proper for carrying into execution powers
vested by the Constitution in the government of the United
States).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. The Committee states that H.R. 1211 is not
intended to preempt any state or local law.
New Budget Authority and Tax Expenditures, Congressional Budget Office
Cost Estimate, and Federal Mandates Statements
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority, new spending
authority, or new credit authority or changing revenues or tax
expenditures to contain a cost estimate, as required by section
308(a)(1) of the Congressional Budget Act of 1974, as amended,
and, when practicable with respect to estimates of new budget
authority, a comparison of the estimated funding level for the
relevant program (or programs) to the appropriate levels under
current law.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives requires committees to include their own cost
estimates in certain committee reports, which include, when
practicable, a comparison of the total estimated funding level
for the relevant program (or programs) with the appropriate
levels under current law.
Clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives requires the report of any committee on a
measure which has been approved by the Committee to include a
cost estimate prepared by the Director of the Congressional
Budget Office, pursuant to section 403 of the Congressional
Budget Act of 1974, if the cost estimate is timely submitted.
Section 423 of the Congressional Budget Act requires the
report of any committee on a bill or joint resolution that
includes any Federal mandate to include specific information
about such mandates. The Committee states that H.R. 1211 does
not include any Federal mandate.
The Committee adopts the cost estimate of the Congressional
Budget Office as its own submission of any new required
information with respect to H.R. 1211 on new budget authority,
new spending authority, new credit authority, or an increase or
decrease in the national debt. It also adopts the estimate of
Federal mandates prepared by the Director of the Congressional
Budget Office pursuant to section 423 of the Unfunded Mandates
Reform Act. The estimate and report which has been received is
set out below.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 28, 1999.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office (CBO)
has prepared the enclosed cost estimate for H.R. 1211, the
Foreign Relations Authorization Act, Fiscal Year 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1211--Foreign Relations Authorization Act, Fiscal Year 2000
Summary: The bill would authorize appropriations for the
Department of State and related agencies for 2000. CBO
estimates that appropriation of the authorized amounts would
result in additional discretionary spending of $7.3 billion
over the 2000-2004 period. Because the legislation would affect
direct spending and revenues, pay-as-you-go procedures would
apply, but the impact would generally be less than $500,000 a
year.
H.R. 1211 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no significant effects on the budgets of state,
local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1211 is shown in the following table.
CBO assumes that the authorized amounts would be appropriated
by the start of each fiscal year and that outlays would follow
historical spending patterns. The costs of this legislation
fall within budget functions 150 (international affairs) and
300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law \1\:
Budget Authority \2\.................................. 7,198 0 0 0 0 0
Estimated Outlays..................................... 5,944 1,317 609 470 146 74
Proposed Changes:
Administration of Foreign Affairs:
Authorization Level............................... 0 4,280 0 0 0 0
Estimated Outlays................................. 0 2,321 605 439 444 217
International Organizations and Commissions:
Authorization Level............................... 0 1,248 0 0 0 0
Estimated Outlays................................. 0 1,211 30 5 2 0
Voluntary Contributions to International Organizations
and Refugee Assistance:
Authorization Level............................... 0 1,043 0 0 0 0
Estimated Outlays................................. 0 781 231 11 5 1
Public Diplomacy Programs and Asia Foundation:
Authorization Level............................... 0 1,046 0 0 0 0
Estimated Outlays................................. 0 785 201 35 13 2
Other Provisions:
Estimated Authorization Level..................... 0 0 1 1 1 1
Estimated Outlays................................. 0 -3 0 0 1 1
-----------------------------------------------------
Subtotal of Proposed Changes:
Estimated Authorization Level................... 0 7,617 1 1 1 1
Estimated Outlays............................... 0 5,095 1,067 490 465 221
Spending Under H.R. 1211: \1\
Estimated Authorization Level \2\..................... 7,198 7,617 1 1 1 1
Estimated Outlays..................................... 5,944 6,412 1,676 960 611 295
DIRECT SPENDING AND REVENUES
Proposed Changes to Direct Spending:
Estimated Budget Authority............................ \3\ \3\ \3\ \3\ \3\ \3\
Estimated Outlays..................................... \3\ \3\ \3\ \3\ \3\ \3\
Proposed Changes to Revenues.............................. \3\ \3\ \3\ \3\ \3\ \3\
----------------------------------------------------------------------------------------------------------------
\1\ The programs covered by this funding include the conduct of foreign affairs, and information and exchange
activities.
\2\ The 1999 level is the amount appropriated for that year.
\3\ Less than $500,000.
Basis of Estimate
Spending subject to appropriation
CBO estimates that the bill would result in outlays
totaling $7.3 billion over the 2000-2004 period, assuming
appropriation of the authorized amounts. In addition to stated
authorizations totaling $7.6 billion, the bill contains a
number of other provisions with potential budgetary impacts.
Fees for Affidavits of Support. Section 256 would authorize
the State Department to charge a fee for helping to prepare
certain affidavits as part of an immigrant visa application.
Proceeds from the fees would be deposited as offsetting
collections and would be available for spending, subject to
appropriation. Based on information from the department, CBO
estimates that it would charge a $50 fee and collect roughly
$17 million a year. Because spending would initially lag behind
collections, this provision would lower net outlays by $3
million in 2000 and $1 million each year in 2001 and 2002
before spending would completely offset collections.
Miscellaneous Provisions. The bill includes several
provisions that would combine to raise spending subject to
appropriation by about $1 million annually, but each provision
would probably cost less than $500,000 a year. The individual
budgetary impacts are insignificant because they would involve
small payments either to a few people or for infrequent events.
Section 206 would require the Secretary of State
to negotiate a code of conduct for international arms sales
with all countries who are parties to Wassenaar Arrangement.
Section 322 would allow U.S. citizens hired abroad
to receive a different (usually higher) amount of compensation
than a foreign national employed in the same position.
Section 323 would grant employees living in the
United States and working in Canada or Mexico adjustments for
locality pay equal to what they would receive if they worked
nearby in the United States.
Section 326 would expand the Secretary of State's
authority to allow other agencies to use the U.S. Foreign
Service personnel system and appointed individuals hired abroad
as members of the Service.
Section 327 would authorize advances of pay for
employees with medical emergencies.
Section 328 would authorize allowances to
compensate dependents of a deceased employee who are returning
to the United States.
Section 329 would allow employees working abroad
who send a dependent to school away from their post to use an
education allowance to pay for room, board, and periodic travel
between the post and school.
Direct spending
The bill would affect direct spending by less than $500,000
in most years.
Deaths and Estates of U.S. Citizens Overseas. Section 251
would expand the authority of the State Department to oversee
and liquidate the estates of U.S. citizens who lived overseas
but died intestate. Under current law, the department is
authorized to take possession, oversee, and dispose of estates.
After a certain period, if no claims have been made against the
estate, the proceeds from the sale are transferred to the U.S.
state in which the deceased citizen last lived. If the state is
unknown, the proceeds are deposited into the Treasury as
miscellaneous receipts (revenues).
The bill would make three substantive changes that would
increase miscellaneous receipts. First, if the country in which
the citizen died is unable to issue a death certificate, the
State Department would issue a report of death (or presumptive
death), which would allow for the disposition of the estate.
The $10 fee charged for the report would be deposited in the
Treasury. (The fee and other expenses associated with
disposition of the estate are paid by the estate.) Second,
instead of transferring the proceeds of the sale to the U.S.
state, these proceeds would be deposited directly into the
Treasury. Finally, the bill would allow the State Department to
take title to any real property. The department would have the
option to retain the property for its own use or sell it and
deposit the proceeds in the Treasury. CBO estimates that these
changes would raise miscellaneous receipts by less than
$500,000 in rare instances.
Appropriation of Interest. Section 208 would authorize the
State Department to spend interest that is earned on funds made
available for cooperation in scientific, cultural, and related
areas. Under current law, such funds are deposited in interest-
bearing accounts, and accrued interest is retained in the
account. Based on information from the State Department, CBO
estimates that the department would earn 5 percent interest on
approximately $1.5 million and would increase spending by about
$75,000 a year,
Reimbursements From a State. Section 602 would authorize
the commissioner of the International Boundary and Water
Commission to accept and spend funds from state and local
governments. Upon request, those contributions would be used to
provide technical tests, surveys, or similar services. CBO
estimates that collections and spending would not be
significant in any year.
Pay-as-you-go considerations: The bill contains several
provisions that affect direct spending and revenues, but the
net impact is estimated to be less than $500,000 a year.
Intergovernmental and private-sector impact: H.R. 1211
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no significant effects on the
budgets of state, local, or tribal governments.
Estimate prepared by: Federal Costs: Sunita D'Monte for the
Department of State, Gary Brown for the International Boundary
and Water Commission, and Jennifer Winkler for employee
compensation. Impact on State, local, and tribal governments:
Leo Lex. Impact on the private sector: Keith Mattrick.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Section-by-Section Analysis
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Section 101. Authorization of Appropriations--
Administration of Foreign Affairs. This section authorizes a
State Department FY 2000 operating budget of $3.52 billion,
approximately $1 billion more than the Administration requested
for these activities, due to an increase in funding to improve
security at U.S. posts abroad.
101(1). Diplomatic and Consular Programs. This section
authorizes $2,531,775,000 for fiscal year 2000 for diplomatic
and consular programs. As requested by the State Department,
this account reflects the merger of the salaries and expenses
account with the diplomatic and consular programs account.
Operating and representational expenses for International
Information Programs (formerly managed by the U.S. Information
Agency) can be found in section 105(1).
Of that total amount, $254,000,000 is specifically
authorized for worldwide security upgrades, $15,000,000 is for
salaries and expenses of the Department's Bureau of Democracy,
Human Rights, and Labor, and $2,000,000 is for the recruitment
of members of minority groups for careers in the Foreign
Service and international affairs. An additional $1,000,000 is
available for the democracy fellows program.
Security. The supplemental appropriations for security
enhancements (PL 105-277) provides for additional diplomatic
security agents. The Committee expects that the deployment of
additional regional security officers will increase the
effectiveness of the security profile at the overseas posts.
This includes aggressive programs to train local guards in
various crisis situations and to administer regular training
drills for local guards and embassy staff. Crisis preparation
requires the cooperation of all personnel and post leadership
should make these activities a priority.
In addition, the Committee hopes to see efforts by
Diplomatic Security, where appropriate, to routinely rotate
local guards (both their location and their shifts) to avoid
complacency and efforts by potential terrorists to compromise
them and their duties to protect U.S. assets. The Committee
expects that a close working relationship at post between the
regional security officers and the marine security guard
detachment commanders will help to maintain first rate local
guard forces.
It is hoped that specialized security expertise, related to
physical, technical or terrorism issues, will be made
available, as needed, to posts to augment the regional security
office.
In a March 12, 1999 hearing, the Committee heard testimony
from Admiral William Crowe (Ret.), Chairman of the two
Accountability Review Boards that investigated and reported on
the August 1998 bombings of U.S. embassies in Nairobi and Dar
es Salaam. Admiral Crowe's report found that 85 percent of U.S.
overseas posts still fall short of the security standards
recommended in the 1985 report of the Advisory Panel on
Overseas Security. Short of relocating U.S. diplomatic posts to
achieve adequate setback from roadways and urban areas, steps
can and must be taken to ``toughen'' our posts overseas.
Admiral Crowe in his testimony highlighted the lethal role
windows and flying glass played in the African bombings. He
cited windows as his number one security concern, and advocated
the use of laminated safety glass.
Although the State Department needs flexibility in
implementing the recommendations in the report, the Committee
believes certain steps must be taken. For example, new
construction and major renovations should include the use of
high tech glazing like laminated safety glass which has
demonstrated its worth in resisting shattering in bomb attacks.
In some cases where security upgrades are planned, the State
Department should use film that is of sufficient thickness and
properly installed to protect human lives in bomb attacks.
101(2). Capital Investment Fund. Authorizes $90,000,000 for
fiscal year 2000 to modernize the Department's computer
systems.
101(3). Security and Maintenance of United States Missions.
Authorizes $1,580,066,000 for the security and maintenance of
U.S. missions abroad in fiscal year 2000. This is
$1,096,000,000 more than the Administration's request.
$1,146,000,000 of that total is specifically authorized for
security upgrades, to cover the costs of the relocation and
construction necessary to rectify security deficiencies at
posts abroad, such as those recently identified in the Crowe
Report on the 1998 bombings of the United States Embassies in
Kenya and Tanzania.
Embassy Tashkent: The Committee notes with concern the
continued inadequacy of U.S. chancery facilities in Tashkent,
Uzbekistan. For eight years, this facility has failed to meet
minimal standards for security, quality of life, and office
efficiency. Recent bombings only serve to highlight the need to
address these shortfalls in as expeditious a manner as
possible. Its size, population, and strategic location suggest
that bilateral relations with Uzbekistan will deepen and
broaden in the years ahead. As a result, the responsibilities
of U.S. diplomats in Tashkent are certain to increase.
Report on Overseas Rent: The Committee directs the
Secretary of State to study and report within nine months of
the enactment of this bill (a) assessing the options for
establishing a system to charge State and non-State agencies
for their use of non-residential space overseas; (b) the amount
of revenue that would be generated; (c) how charges would be
determined; (d) how the system would be implemented and the
administrative burdens involved with that implementation, and
(e) what changes in law or regulation would be necessary to
implement such a system.
A few years ago an interagency system known as ICASS was
established to distribute the costs of services provided by
State to non-State agencies at overseas posts. One area not
addressed by the ICASS agreement was a system of charging rent
for overseas non-residential space that the State Department
either leases long-term or owns. In addition, State's bureaus
are not charged for their useof space: they do not benefit from
decisions to use less space, nor do they face any consequences from
over-use of space. The Committee is concerned that this is resulting in
inefficiencies.
The Committee believes the Department should develop a
reasonable system to assess charges for space occupied in
overseas non-residential facilities. Distinctions made among
short-term, long-term, and owned space should be harmonized to
provide for the most cost-effective means of managing these
properties.
The occupancy of real estate is seen as ``free'' by the
Department's bureaus in all overseas office space, and is
similarly seen as ``free'' for other foreign affairs agencies
in all non-residential space that is owned or on long-term
leases. Accordingly, there will be an inevitable tendency to
make space allocation decisions on bureaucratic or political
grounds rather than on efficiency grounds. First, more space
may be occupied than is really necessary or economically
justifiable. Second, non-State agencies will push to be in
space that is owned by the government or held under long-term
leases rather than in short-term leased space--as they are
charged rent for the latter and not the former. State, on the
other hand, will push to have them in space under short-term
leases, so that rent can be collected. These decisions should
be made with the aid of the market mechanism of charging rent.
Finally, the Committee has learned that the Department
concluded, in at least one important project, a series of
short-term leases, rather than a long-term lease, for the
principal purpose of being able to charge tenant agencies rent.
While the Committee applauds the Department for making sure
tenant agencies were charged rent, this arrangement was
probably not the optimal one for the taxpayer: the Department
should be able both to charge rent and to conclude a long-term
lease or purchase of the building.
If a comprehensive rent collection system were established,
rents collected could be used by the Department to maintain and
purchase its overseas buildings, operating much the way General
Services Administration does in the United States. The
Department should exempt unique government required security
measures from any rental assessments.
101(4). Representation Allowances. Authorizes $4,450,000
for fiscal year 2000 to be used for the partial reimbursement
of the costs incurred by Department officials for official
representation overseas. Representational funds for public
diplomacy can be found in section 105(1).
101(5). Emergencies in the Diplomatic and Consular Service.
Authorizes $17,000,000 for fiscal year 2000 for emergencies,
such as evacuations of American citizens abroad, and for the
payment of rewards, such as for information regarding
international terrorism and narcoterrorism. In addition,
certain representational expenses of certain senior Department
officials are authorized in this account.
101(6). Office of the Inspector General. Authorizes
$30,054,000 for fiscal year 2000 for the Office of the
Inspector General.
101(7). American Institute in Taiwan. Authorizes
$15,760,000 for fiscal year 2000 for the operations of the
American Institute in Taiwan (AIT). The Committee is aware of
the need to improve the facilities at the American Institute in
Taiwan. AIT is currently developing options for a new facility
and anticipates having a cost estimate before the end of the
fiscal year 1999. While AIT is saving funds for the
construction project, the Committee would support a designated
capital project fund within the AIT account to more fully
support the construction program in the next budget request (FY
01).
101(8). Protection of Foreign Missions and Officials.
Authorizes $9,490,000 for fiscal year 2000 for the protection
of foreign missions and officials.
101(9). Repatriation Loans. Authorizes $1,200,000 for
fiscal year 2000 for repatriation loans.
Section 102. International Organizations.
102(a). Assessed Contributions to International
Organizations. Authorizes $963,308,000 for fiscal year 2000 for
assessed contributions to international organizations.
102(b). Assessed Contributions for International
Peacekeeping Activities. Authorizes $235,000,000 for fiscal
year 2000 for assessed contributions for international
peacekeeping activities.
Section 103. International Commissions. Authorizes
$20,413,000 for fiscal year 2000 for salaries and expenses and
$8,435,000 for fiscal year 2000 for construction of the
International Boundary and Water Commission. Authorizes
$859,000 for fiscal year 2000 for the International Boundary
Commission, United States and Canada. Authorizes $3,819,000 for
fiscal year 2000 for the International Joint Commission.
Authorizes $16,702,000 for fiscal year 2000 for the
International Fisheries Commission. These organizations are
responsible for boundary, water, and resource issues along U.S.
borders and adjacent waters.
Section 104. Migration and Refugee Assistance. This section
authorizes $750 million for fiscal year 2000 for Migration and
Refugee Assistance. This section contains specific
authorizations for refugees resettling in Israel ($60 million),
humanitarian assistance for displaced Burmese ($2 million),
Tibetan refugees in India and Nepal ($2 million), and
assistance for Sierra Leoneans who have been severely mutilated
($2 million).
The $750 million authorized in the bill would partially
compensate for cuts in the refugee account over the last five
years. In FY 1995 the amount made available for refugee
protection, resettlement, and bureau salaries and expenses was
$683 million, or between $751 million and $785 million in
inflation-adjusted FY 2000 dollars. The Administration's budget
request of $660 million would therefore impose a real cut of
between 12 and 20 percent on refugees. By contrast, other State
Department accounts have been increased 19.9% since 1995, which
more than compensates for inflation. The bill's refugee
authorization of $750 million represents a 9.8% increase above
FY95--lessthan half the 19.9% increase provided for other State
Department accounts during the same period.
Section 105. Public Diplomacy Programs.
105(1). International Information Programs. This section
authorizes $305,997,000 for fiscal year 2000 for international
information (formerly managed by USIA) of which $1.4 million is
for representational activities.
105(2). Educational and Cultural Exchange Programs. This
section authorizes $112,000,000 for the Fulbright exchange
program and $98,329,000 for other exchange programs including
South Pacific Exchanges ($750,000), East Timorese Scholarships
($500,000), Tibetan exchanges ($500,000), and African exchanges
($500,000).
105(3). Center for Cultural and Technical Interchange
between East and West. This section authorizes for fiscal year
2000 $17,500,000 for the East-West Center. These funds are for
operations and expansion of programs of constructive
involvement with nations in Asia and the Pacific through
education, research and outreach. The Committee recognizes the
urgent needs to address crucial economic, political and
security issues in the Asia-Pacific region that affect vital
long-term interests of the U.S. Recent events such as the 1996
Taiwan Strait confrontation with China, the ongoing nuclear and
ballistic missile crisis with North Korea, and the Asian
financial meltdown, necessitate that the U.S. focus resources
and attention to this part of the world.
Of the funds authorized for the East-West Center, it is the
intent of the Committee that $1 million shall be used for the
Center's establishment of an Ocean Resources Institute which
shall focus on U.S. interests in the research, development and
management of maritime resources of the Western and Central
Pacific Ocean. Much of these valuable marine assets--including
fisheries, seabed minerals and undersea energy resources--are
within the exclusive economic zone and surrounding waters of
Pacific Island nations, and it is important that the United
States take steps now to facilitate access to these undersea
resources for the next century.
105(4). National Endowment for Democracy (NED). This
section authorizes for fiscal year 2000 $34,000,000 for the
NED. Of the total, $2 million is available only for a new
initiative, the Reagan-Fascell Fellows program for
international democracy activists and scholars to study and
exchange views with other activists and scholars.
105(5). Dante B. Fascell North-South Center. This section
authorizes $2,500,000 for the Dante B. Fascell North-South
Center.
Georgetown University--The Committee recommends that the
State Department consider multi-year assistance for Georgetown
University's Center for Australian and New Zealand Studies. The
five year grant program would enable the Center to develop its
core academic program continuing the education for hundreds of
American undergraduates about Australia. It would include
American and Australian faculty and a number of Australian
exchange students at Georgetown. The recommendation is for a
total State Department commitment of $2.9 million over a five
year period with grants starting at $400,000 in FY 2000, and
increasing to $500,000 in FY 2001, $600,000 in FY 2002,
$700,000 in FY 2003 and, $700,000 in FY 2004. The increase in
later years would allow more exchange students to participate.
The Australian students would be undergraduates, chosen
competitively from those Australian universities with which
Georgetown has exchange agreements (these students would
continue to pay regular Australian tuition). The grants
envisaged here would cover international travel, room, and
board. Initially these students would come for one semester
each. This grant would be supplemented by private sector
fundraising to cover the Center's operating expenses.
Section 106. Voluntary Contributions to International
Organizations. This section authorizes $293,000,000 in
voluntary contributions to international organizations for
fiscal year 2000. It includes specific authorizations for the
World Food Program ($5,000,000), the UN Voluntary Fund for
Victims of Torture ($5,000,000), and the International Program
on the Elimination of Child Labor ($5,000,000). This section
also specifies:
That $240,000 of the total is authorized for a U.S.
contribution to the Organization of American States
Special Rapporteur for Freedom of Expression in the
Western Hemisphere, of which at least $6,000 is to be
spent investigating violations of freedom of expression
by the Government of Cuba;
That the U.S. withhold from its contribution to the
United Nations Development Program (UNDP) an amount
equal to the amount that UNDP intends to spend in Burma
that fiscal year, unless the President certifies that
all UNDP activities in Burma are focused on the needs
of the poor, are undertaken only through private
voluntary organizations independent of the Burmese
dictatorship, do not benefit that regime, and are
supported by the democratic leadership of Burma; and
That the U.S. withhold from its contribution to UNFPA
an amount equal to the amount UNFPA plans to spend in
China, unless the President certifies that there are no
coercive population practices in the 32 counties in
which the UNFPA China program operates.
Section 107. Grants to the Asia Foundation. This section
authorizes $15,000,000 for fiscal year 2000 for grants to the
Asia Foundation.
Section 121. International Broadcasting. This section
authorizes for fiscal year 2000 the following amounts for the
Broadcasting Board of Governors to carry out certain
international broadcasting activities.
121(1). International Broadcasting Operations. This section
authorizes $385,900,000 for fiscal year 2000 for International
Broadcasting Operations, and directs the Broadcasting Board of
Governors to ensure that amounts spent on broadcasting to
nations whose governments deny freedom and democracy do not
decline in proportion to the amounts spent on broadcasting to
other nations.
121(2). Broadcasting Capital Improvements. This section
authorizes $20,868,000 for fiscal year 2000 for capital
improvements.
121(3). Radio Free Asia. This section authorizes
$30,000,000 for fiscal year 2000 for Radio Free Asia.
121(4). Broadcasting to Cuba. This section authorizes
$22,743,000 for fiscal year 2000 for Cuba broadcasting, and
specifies that $712,000 of the amount authorized is to be used
to strengthen and improve the transmission capabilities of
Radio and TV Marti.
Note.--For the convenience of Members, a comparative table
of the authorizations in this bill appears on the following
pages.
FOREIGN RELATIONS AUTHORIZATION ACT FOR FISCAL YEARS 2000 AND 2001
($000s)
----------------------------------------------------------------------------------------------------------------
Fiscal years--
-------------------------------------------------------------------
International Relations Committee Account 2000,
1998, actuals 1999, enacted President's 2000, H.R. 1211
request reported
----------------------------------------------------------------------------------------------------------------
Administration of Foreign Affairs:
Diplomatic and Consular Programs........ 1,646,801 1,643,800 2,583,772 2,260,775
Worldwide Security Upgrades......... 0 785,700 254,000 254,000
Bureau of Democracy, Human Rights 0 0 0 15,000
and Labor Earmark..................
Recruitment of Minority Groups 0 0 0 2,000
Earmark............................
National Law Center for Inter- 0 500 0 0
American Free Trade Earmark........
-------------------------------------------------------------------
*Note--FY100 Funds for Public Diplomacy are
in a separate account, below.
Subtotal.......................... 1,646,801 2,430,000 2,837,772 2,531,775
===================================================================
Salaries and Expenses................... 353,905 353,374 0 0
Pres. Adv. Comm. on Holocaust Assets 0 813 0 0
Earmark............................
Capital Investment Fund............. 86,000 137,890 90,000 90,000
-------------------------------------------------------------------
Subtotal.......................... 439,905 492,077 90,000 90,000
===================================================================
Security and Maintenance of United 397,943 403,561 434,066 434,066
States Missions........................
Security Upgrades for United States 0 627,000 49,617 1,146,000
Missions...........................
-------------------------------------------------------------------
Subtotal.......................... 397,943 1,030,561 483,683 1,580,066
===================================================================
Representation Allowances............... 4,200 4,350 5,850 4,450
Emergencies in the Diplomatic and 5,356 15,500 17,000 17,000
Consular Service.......................
Office of the Inspector General......... 27,495 28,495 30,054 30,054
OIG Supplemental........................ 0 1,000 0 0
Payment to the American Institute in 14,000 14,750 15,760 15,760
Taiwan.................................
Protection of Foreign Missions and 7,900 8,100 9,490 9,490
Officials..............................
Repatriation Loans...................... 1,344 1,200 1,200 1,200
-------------------------------------------------------------------
Subtotal.......................... 60,295 73,395 79,354 77,954
===================================================================
International Organizations:
Assessed Contributions to International 888,883 922,000 963,308 963,308
Organizations..........................
Assessed Contributions for International 210,632 231,000 235,000 235,000
Peacekeeping...........................
-------------------------------------------------------------------
Subtotal.......................... 1,099,515 1,153,000 1,198,308 1,198,308
===================================================================
International Commissions:
International Boundary Water Comm'n 17,490 19,551 20,413 20,413
Salaries & Expenses....................
IBC Construction........................ 6,463 5,939 8,435 8,435
American Sections: IBC.................. 761 0 859 859
American Sections: IJC.................. 3,189 0 3,819 3,819
American Sections: BECC................. 1,540 5,733 1,815 0
International Boundary Commission, US ............... ............... ............... ...............
and Canada.............................
International; Fisheries Commission..... 14,549 14,549 16,702 16,702
-------------------------------------------------------------------
Subtotal.......................... 43,992 45,772 52,043 50,228
===================================================================
Migration and Refugee Assistance:
Migration and Refugee Assistance........ 553,384 568,000 660,000 684,000
Tibetan and Refugees in India and 0 2,000 0 2,000
Nepal..............................
Refugees Resettling in Israel....... 80,000 70,000 0 60,000
Humanitarian Assistance for 0 0 0 2,000
Displaced Burmese..................
Assistance for Displaced Sierra 0 0 0 2,000
Leoneans...........................
Administration (Up To This Amount).. 12,000 0 0 0
UN Fund for Vulnerable Children..... 5,000 0 0 0
-------------------------------------------------------------------
Subtotal.......................... 650,384 640,000 660,000 750,000
===================================================================
Public Diplomacy:
International Information Programs...... 427,097 455,246 0 305,997
Technology.............................. 5,050 0 0 0
-------------------------------------------------------------------
Subtotal.......................... 432,147 455,246 0 305,997
===================================================================
Fulbright Academic Exchange Programs.... 100,000 95,000 0 112,000
Other Education and Cultural Exchange 97,731 58,874 210,329 96,079
Programs...............................
South Pacific Exchanges Earmark..... 0 500 0 750
East Timorese Exchanges Earmark..... 0 0 0 500
Tibetan Exchanges................... 0 0 0 500
African Exchanges................... 0 0 0 500
-------------------------------------------------------------------
Subtotal.......................... 197,731 154,374 210,329 210,329
===================================================================
Center for Cultural Exchange Between 12,000 12,500 12,500 17,500
East and West..........................
National Endowment for Democracy........ 30,000 31,000 32,000 34,000
Reagan-Fascell Democracy Fellows.... 0 0 0 [2,000]
Dante B. Fascell North-South Center..... 1,500 1,750 2,500 2,500
-------------------------------------------------------------------
Subtotal.......................... 43,500 45,250 47,000 54,000
===================================================================
Voluntary Contributions to International
Organizations:
Voluntary Contributions................. 189,000 179,000 286,500 277,760
World Food Program Earmark.......... 4,000 5,000 3,500 5,000
United Nations Voluntary Fund for 1,500 3,000 3,000 5,000
Victims of Torture Earmark.........
Internat'l Program for the 0 0 0 5,000
Elimination of Child Labor Earmark.
OAS W. Hemisphere Rapporteur on 0 0 0 240
Expression Earmark.................
-------------------------------------------------------------------
Subtotal.......................... 194,500 187,000 293,000 293,000
===================================================================
Asia Foundation......................... 8,000 8,250 15,000 15,000
-------------------------------------------------------------------
Subtotal.......................... 8,000 8,250 15,000 15,000
===================================================================
International Broadcasting Operations... 388,644 384,460 431,772 385,900
Broadcasting Capital Improvements....... 42,866 13,245 20,868 20,868
Radio Free Asia......................... 0 0 0 30,000
Broadcasting to Cuba.................... 0 0 0 22,031
New Cuba Broadcasting Technology 0 0 0 712
Earmark............................
-------------------------------------------------------------------
Subtotal.......................... 431,510 397,705 452,590 459,511
===================================================================
Democracy Fellows at DRL................ 0 0 0 1,000
-------------------------------------------------------------------
Subtotal.......................... 0 0 0 1,000
===================================================================
Total Minus FY 2000-2001 Security 5,646,223 6,485,630 6,369,462 6,471,168
Upgrades.........................
===================================================================
Grand Total....................... 5,646,223 7,112,630 6,419,079 7,617,168
----------------------------------------------------------------------------------------------------------------
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Section 202. Report on Cuban Drug Trafficking. This section
requires the President to report on the extent of international
narcotics traffic through or from Cuba, the extent of
involvement by the Cuban government, its agents and entities,
and United States actions to investigate or prosecute such
acts.
Section 203. Report on Compliance With the Hague Convention
on International Child Abduction. This section extends for an
additional year the current requirement for the State
Department to report to Congress on compliance with the Hague
Convention on the Civil Aspects of International Child
Abduction by its signatories, and the status of unresolved
cases arising under the Convention, and expands the scope of
the reports. The Convention establishes an international
mechanism according to which children wrongfully removed to or
retained in certain foreign countries (by estranged parents who
are foreign residents, for example) will be returned to the
country of their habitual residence, where custody issues
should be adjudicated. This section is motivated by complaints
that some countries (many of which are in Western Europe) are
flouting their obligations under the Convention to return
children to the United States.
Section 204. Reduction of Reporting. Requested by the State
Department, this provision repeals unnecessary reporting
requirements, including (a) reports by new Chiefs of Mission
regarding the language competence of their post staffs; (b) a
report on the use of Foreign Service personnel by Federal
agencies; (c) a report on the prospects for sustainable
economic growth in each country receiving certain forms of
foreign assistance; and (d) redundant reports (on certain
weapons) that duplicate the information provided in other
nonproliferation reports.
Section 205. Continuation of Reporting Requirements. This
section extends reporting requirements contained in the Foreign
Relations Authorization Act as follows:
Section 205(a) requires periodic reports on outstanding
claims by United States firms against the Government of Saudi
Arabia. This amendment is necessary to help U.S. firms which
have completed extensive work for the Saudi Government but have
had no success in getting their due compensation. For example,
Gibbs and Hill, Inc., of New Jersey has outstanding claims for
$55 million for work on a desalinization plant completed in
1984.
Section 205(b) continues the report under Title IV of the
Libertad Act. It requires the Secretary of State to make
periodic reports to the Committee describing the ongoing
reviews pursuant to Title IV of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091)
and any determinations and findings under that title of that
Act. Title IV of the LIBERTAD Act requires the Secretary of
State to exclude from the U.S. persons ``trafficking'' in
property confiscated from U.S. nationals in Cuba. The Committee
intends to use these reports to monitor the implementation of
this ``exclusion'' provision of the LIBERTAD Act.
Section 205(c) continues a report requiring the Secretary
of State to report on the extent to which the Government of
Vietnam: (1) is cooperating with the U.S. on the fullest
possible accounting of POW/MIA's; (2) has made progress on the
release of political and religious prisoners; (3) is
cooperating on requests by the U.S. to obtain full and free
access to persons for interviews under the Orderly Departure
and Resettlement Opportunities for Vietnamese Refugees
programs; (4) has taken action to end corrupt practices in
connections with exit visas; and (5) is making efforts to
interview and resettle former reeducation camp victims and
other persons.
Section 205(d) continues a reporting requirement with
respect to cooperative projects with Russia in the area of
ballistic missile defense, including in the area of early
warning.
The Committee notes the requirement of section 527 of the
Foreign Relations Authorization Act for FY 1994 and 1995 that
reports be provided to Congress on outstanding claims by U.S.
citizens whose property has been expropriated by foreign
governments, and particularly supports the efforts of the
Department of State to continue working with the Government of
Nicaragua to resolve all outstanding property claims filed by
U.S. citizens.
Section 206. International Arms Sales Code of Conduct. This
section requires the President to prepare to work with
countries in the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual Use Goods and Technologies, founded
in 1996, to negotiate an international arms sales code of
conduct. The President must take necessary steps to begin
negotiations within 120 days of passage of the Act. They are
intended to produce an agreement restricting or prohibiting
arms transfers to countries that do not meet specified criteria
concerning promotion of democracy, respect for human rights,
noninvolvement in acts of armed aggression, and participation
in the UN Register of Conventional Arms. This section also
requires that the Secretary of State report on the progress of
such negotiations and report through the annual Human Rights
reports on the extent to which the practices of each country
meet specified criteria.
Section 207. Human Rights and Democracy Fellowships. This
section establishes a human rights fellowship program within
the State Department's Bureau of Democracy, Human Rights, and
Labor, and authorizes $1 million for fiscal year 2000 to fund
that fellowship program. The fellows would be selected on the
basis of their human rights expertise and would be recruited
for specific projects or assistance needed by the Bureau. These
fellowship positions would allow the Assistant Secretary for
Democracy, Human Rights, and Labor to bring persons into the
Bureau with specialized expertise in international human rights
standards, regional human rights issues, non-governmental,
governmental and intergovernmental organizations relevant to
human rights, emerging or under reported human rightsissues,
democratization, rule of law, the development of civil society, torture
victims treatment, and related issues.
Section 208. Joint Funds Under Agreements for Cooperation
in Environmental, Scientific, Cultural and Related Areas. At
the request of the State Department, this section allows the
Department to use the interest earned on funds held under
bilateral agreements for scientific, cultural, and technical
cooperation to pay the programmatic and administrative expenses
of these programs.
Section 209. Report on International Extradition. This
section requires a report by the Secretary of State 120 days
after enactment regarding a review of all extradition treaties
and agreements to which the U.S. is a party.
Section 210. Effective Regulation of Satellite Export
Activities. This section requires the Secretary of State to
establish a regulatory regime for the licensing for export of
satellites, satellite technologies, components and systems.
Section 251. Deaths and Estates of United States Citizens
Abroad. At the request of the State Department, this section
modernizes the traditional consular function of protecting,
conserving, and ultimately disposing of the estates of
Americans who die overseas in those cases where a legal
representative is not appointed by the heirs or other
beneficiaries.
Section 252. Duties of Consular Officers. At the request of
the State Department, this section enlarges the definition of
U.S. employees who may perform consular functions in connection
with deaths and estates of U.S. citizens abroad.
Section 253. Machine Readable Visas. This section extends
the Department's authority to collect and retain the machine
readable visa (MRV) fees for three fiscal years (up to $316.7
million in FY2000, $338.9 million in FY2001, and $362.6 million
in FY2002) to fund consular services activities and border
security operations.
Section 254. Processing of Visa Applications. This section
states that it shall be the policy of the State Department: (a)
to process visa applications of immediate relatives and fiances
of U.S. citizens within 30 days of receiving all necessary
documents; and (b) to process applications sponsored by someone
other than an immediate relative within 60 days. It also
directs the Department to report every six months on the extent
to which it is meeting these standards, and to establish a
joint task force with other Federal agencies to reduce the
overall processing time for visa applications.
Section 255. Repeal of Outdated Provision on Passport Fees.
At the request of the State Department, this section repeals an
anachronistic provision of the Passport Act of 1920 that
provided for the discretionary refund of passport fees in the
event that a traveler was not able to obtain a visa to the
country of intended travel. That authority, which reflects
long-outmoded passport practices, is no longer used. Because
the Department typically expends the whole amount of the
passport fee in adjudicating and issuing the passport, and
because passports generally are valid for ten years and are not
geographically limited, the refund provision is no longer
necessary or appropriate.
Section 256. Fees Relating to Affidavits of Support. This
section allows the Secretary of State to charge a fee for
services provided by the State Department for assistance in the
preparation and filing of an affidavit of support as required
by section 213A of the Immigration and Nationality Act. This
provision is intended to improve the processing of immigrant
visa applications by providing specific assistance with this
affidavit which has proved to be difficult for the applicants
to complete correctly.
Section 271. United States Policy Regarding the Involuntary
Return of Refugees. This provision carries over and slightly
expands a provision of the FY 98-99 Foreign Relations
Authorization Act prohibiting the use of funds for the
involuntary return of any person to a country in which that
person has a well-founded fear of persecution, and requiring
notification to Congress when such funds are used for
involuntary repatriation of persons deemed to be non-refugees.
Section 272. Human Rights Reports. This is a technical
amendment. Information in the annual Country Reports on Human
Rights Practices on the extent to which countries extend
protection to refugees is already required by the Human Rights,
Refugee, and Other Foreign Relations Provisions Act of 1996
(P.L. 104-319). However, that statute only modified one of the
two provisions in the Foreign Assistance Act dealing with the
Country Reports. This section corrects that oversight by
modifying the other section.
Section 273. Guidelines for Refugee-Processing Posts. This
section corrects two technical oversights in the refugee
protection provisions of the International Religious Freedom
Act of 1998 (P.L. 105-292). Although section 602(c) of the Act
charged both the Attorney General and the Secretary of State to
develop guidelines to address hostile biases in refugee
processing, it referred only to biases of INS personnel. This
section adds a reference to State Department personnel in the
appropriate place. In addition, the Act prohibited the use of
agents of persecuting governments to interpret conversations of
persons seeking asylum in the United States. This section
extends that prohibition to the overseas refugee adjudication
process, and to agents of persecuting governments performing
any function that could endanger the safety of the applicant or
otherwise compromise the integrity of the process.
Section 274. Vietnamese Refugees. This section prohibits
the use of funds authorized by this Act to support an increased
number of personnel assigned to U.S. posts in Vietnam unless
the President first certifies to Congress that the Vietnamese
in-country refugee processing program meets certain conditions
and standards.
TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE
DEPARTMENT OF STATE; FOREIGN SERVICE
Section 301. Establishment of Bureau for International
Information Programs and Bureau for Educational and Cultural
Exchange Programs. This section establishes separate Bureaus
within the State Department for exchanges and international
information programs, and places each under the leadership of
its own Assistant Secretary. This structure protects the
integrity of international information activities (those now
administered by USIA) which are distinct from the State
Department's ``public affairs'' activities in that the former
are to be aimed solely at foreign audiences and should be
insulated from short-term political considerations. It also
maintains the important institutional separation between the
information and exchange functions that existed at USIA prior
to that Agency's consolidation with the State Department. This
provision will also ensure compliance with the requirement of
the Fulbright-Hays Act that the Bureau that administers
exchanges not administer any non-exchange programs.
Section 302. Correction of Designation of Inspector General
of the Department of State. This section corrects several
statutes that refer to the Inspector General using slightly
different names, making them uniformly refer to the ``Inspector
General of the Department of State.''
Section 321. Foreign Service Star. At the request of the
State Department, this section authorizes a national medal for
civilian employees of the United States assigned to an official
mission overseas who are killed or wounded in government
service.
Section 322. United States Citizens Hired Abroad. At the
request of the State Department, this section deletes a
statutory requirement that U.S. citizens hired locally by
overseas posts be provided a total compensation package that
has ``the equivalent cost to that received by foreign national
employees occupying the similar position at post.'' That
requirement sometimes conflicts with another requirement that
U.S. citizens may not be paid at a rate lower than the U.S.
minimum wage. Furthermore, in the case of an American citizen,
both the employer and employee generally must pay their
respective contributions to FICA. In some cases, this causes
the cost of the total compensation package for the American to
exceed that of a foreign national in the same position. In
those cases, the effect of the law is to require posts to
reduce the American's compensation by all or some portion of
the amount paid to FICA by the post. In such cases, American
citizens have complained that they are being forced to pay both
the employer and employee share of FICA, thus earning less
after deductions than non-U.S. citizens in similar positions.
It is the intention of the Committee that the Department
observe the spirit of the current provision by increasing pay
if appropriate, only by the amounts referred to above so that
effective pay is equalized or the U.S. minimum wage is paid.
Section 323. Border Equalization Adjustment. At the request
of the State Department, this section amends the Foreign
Service Act of 1980 to provide for payment of a border
equalization adjustment to an employee who regularly commutes
from his or her home in the U.S. to an official duty station in
Canada or Mexico. At present, the Department employs personnel
who live in the U.S. but work across the border. These
employees are caught in an unusual situation that denies them
locality pay (which is restricted by law to employees who work
at duty stations in the U.S.) and overseas allowances (which
apply only to employees who live in foreign countries). This
change would make these employees eligible for an adjustment
equal to the amount that they would receive as locality pay if
they were assigned to an official duty station within the U.S.
locality pay area closest to the employee's official duty
station. This provision was carried in the FY 99 Commerce,
Justice, State Department Appropriations Act; this section
would make the authority permanent.
Section 324. Treatment of Grievance Records. At the request
of the State Department, this section amends the Foreign
Service Act of 1980 to ensure that proper documentation of
disciplinary action is available to tenure and selection
boards, by permitting the placement in the performance file of
an employee who has been disciplined a notice that the
discipline has been reviewed and sustained by the Foreign
Service Grievance Board.
Section 325. Report Concerning Financial Disadvantages for
Administrative and Technical Personnel. This section directs
the Department to prepare a report for the Congress on the
financial disadvantages suffered by administrative and
technical personnel posted to U.S. missions abroad as a result
of their not having diplomatic status.
Section 326. Extension of Overseas Hiring Authority. At the
request of the State Department, this section permits the
Department to allow non-State agencies to use the Foreign
Service Act to appoint individuals abroad and to use the
Foreign Service personnel system for those employees. This will
provide a uniform hiring authority for agencies that need to
hire local employees overseas. At present, not all of the non-
State agencies have overseas hiring authority, and some have
resorted to hiring techniques that are expensive, confusing,
and not always appropriate for local conditions.
Section 327. Medical Emergency Assistance. This section was
requested by the State Department. Employees who serve overseas
must pay the costs of outpatient treatment. Immediate payment
in full is usually required for treatment overseas, even for
expensive in-hospital surgical procedures that do not require
overnight hospitalization. This section would permit an advance
of up to 3 months' pay to an employee who must undergo certain
types of medical treatment abroad.
Section 328. Families of Deceased Foreign Service
Personnel. At the request of the State Department, this section
would allow the Department to pay a ``transfer allowance''
(which covers certain costs associated with returning home to
the United States) to surviving family members of overseas
employees who are killed in the line of duty.
Section 329. Parental Choice in Education. This section
allows certain overseas employees to elect to send their
dependents to schools away from post at government expense, so
long as the cost does not exceed the cost to the government of
sending those dependents to adequate schools at the post of the
employee.
Section 330. Workforce Planning for Foreign Service
Personnel by Federal Agencies. This section requires the
Secretary of State to submit a report to Congress regarding
forward-looking, needs-based workforce planning.
Section 331. Compensation for Survivors of Terrorist
Attacks Overseas. This section requires the Secretary of State
to examine and report on the current benefit structure of
survivors of U.S. government employees who are killed while
serving at U.S. diplomatic facilities abroad. The purpose is to
evaluate whether the benefits are adequate, fair, and equitably
distributed. The Committee expects to receive this report 180
days after enactment.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Section 401. Educational and Cultural Exchanges and
Scholarships for Tibetans and Burmese. This section extends the
authorization for the exchange and scholarship programs for
Tibetan and Burmese exiles (contained in Public Law 104-319,
the Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996) through fiscal years 2000 and 2001. It
also renames the Tibetan exchange program after Ngawang
Choephel, the Fulbright Scholar and ethno-musicologist who is
now serving a fifteen-year prison sentence on false charges
brought by the Chinese government.
Section 402. Conduct of Certain Educational and Cultural
Exchange Programs. This section requires that in U.S.
educational and cultural exchange programs with countries whose
people are denied freedom and democracy, program grantees be
selected according to a competitive process, and that
prospective grantees be evaluated according to their
willingness and ability to include exchange participants who
have demonstrated a commitment to freedom and democracy, or in
the case of foreign government officials those who are most
likely to be open to freedom and democracy, and to exclude
those who are so committed to the suppression of freedom and
democracy that their selection could give rise to an appearance
that the U.S. condones such suppression.
Section 403. Notification to Congress of Grants. This
section requires the Department to give Congress 45 days'
written notice before awarding information and educational
exchange grants. The 15-day notice period currently observed
has proved inadequate and has resulted in the disbursement of
grant money before USIA has fully responded to Congressional
inquiries about grant proposals.
Section 404. National Security Measures. This section
requires the State Department to take appropriate steps to
ensure that foreign espionage agents do not participate in
U.S.-funded exchange programs.
Section 405. Designation of North/South Center as the Dante
B. Fascell North-South Center. Changes the name of the North/
South Center to the Dante B. Fascell North-South Center. This
measure has passed the House on two previous occasions.
Section 406. Advisory Commission on Public Diplomacy. This
section repeals the section of last year's Omnibus Bill that
abolished the U.S. Advisory Commission on Public Diplomacy, a
bipartisan, Presidentially-appointed advisory committee on
international information and exchange programs.
Section 407. International Expositions. This section was
requested by the State Department. While reaffirming that the
State Department is prohibited from funding a pavilion or other
major exhibit at any international exposition or world's fair,
this section makes clear that the Department is authorized to
use its personnel and resources to facilitate (a) U.S.
participation in international expositions; (b) participation
in and support for international expositions by foreign
governments and private entities; and (c) support to the United
States Commissioner General for participation in international
expositions.
Section 408. Royal Ulster Constabulary. This section
requires the Secretary of State to take all appropriate steps
to ensure that members of the Royal Ulster Constabulary (RUC)
are not participants in any program of educational or cultural
exchange or training through the National Academy Program at
Quantico, Virginia, unless and until the President certifies
that complete, independent, and transparent investigations of
the murders of defense attorneys Rosemary Nelson and Patrick
Finucane have been initiated by the Government of the United
Kingdom and that the Government has taken appropriate steps to
protect defense attorneys against RUC harassment in Northern
Ireland.
TITLE V--INTERNATIONAL BROADCASTING
Section 501. Permanent Authorization for Radio Free Asia.
As requested by the Administration, this section puts Radio
Free Asia (RFA) on an equal footing with other entities whose
funds are authorized by this bill by: (a) making RFA's
authorization permanent; and (b) repealing statutory caps on
RFA funding. Of course, RFA funding levels still would be set
by annual appropriations and subsequent authorization bills.
Section 502. Preservation of Radio Free Europe/Radio
Liberty. This provision repeals a 1994 ``sense of Congress''
provision that RFE/RL should receive no U.S. government support
after FY 1999. This provision is inconsistent with the
Administration's budget request and with the bipartisan
Congressional consensus that ``freedom broadcasting'' will
continue to deserve U.S. support into the 21st century. The
provision also increases from $75 million to $80 million the
annual funding cap for Radio Free Europe in order to permit
necessary expenditures for Radio Free Iraq, RL broadcasts to
Iran, and necessary security upgrades in response to credible
threats of retaliation for these broadcasts.
Security Upgrade: Radio Free Europe/Radio Liberty should be
allowed to immediately upgrade security at its facilities, but
not at the expense of its broadcasting operations. Therefore,
RFE/RL should be allowed to use any unspent consolidation funds
for this purpose.
Section 503. Immunity from Civil Liability for Broadcasting
Board of Governors. This section makes clear that the members
of the Broadcasting Board of Governors are immune from civil
liability when acting in their capacities as directors of RFE/
RL, Inc., or Radio Free Asia.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Section 601. Interparliamentary Groups. When either the
House or the Senate does not appoint its allotted number of
members to U.S. delegations to certain interparliamentary
conferences, this section allows the other body of Congress to
complete the delegation with its own members. This section also
changes a statutory reference to the ``United States-European
Community Interparliamentary Group'' to reflect the change of
that group's name to the ``Transatlantic Legislative
Dialogue.''
Section 602. Authority to Assist State and Local
Governments. As requested by the State Department, this section
permits the U.S. Section of the International Boundary and
Water Commission to provide tests, surveys, and other services
on a reimbursable basis to state or local governments that
request them. Reimbursements will be credited to the
appropriation from which the cost of providing the services is
paid.
Section 603. International Boundary and Water Commission.
This section authorizes the International Boundary and Water
Commission (IBWC) to use contributions from binational
organizations for projects along the U.S.-Mexico border. It
would also allow the U.S. section of the IBWC to apply a user
fee toward operations and maintenance of the bridge between El
Paso, Texas, and Juarez, Mexico.
Section 604. Concerning U.N. General Assembly Resolution
ES-10/6. This section makes a statement of Congressional policy
commending the State Department's vote against the U.N. General
Assembly Resolution ES-10/6 affirming that the text of such
resolution politicizes the Fourth Geneva Convention which is
primarily humanitarian in nature.
TITLE VII--GENERAL PROVISIONS
Section 701. Sense of the Congress Concerning Support for
Democracy and Human Rights in Cuba. This provision expresses
the sense of Congress that the U.S. should increase its support
to democracy and human rights activists in Cuba, providing
assistance with the same intensity with which it supported the
pro-democracy movements in Eastern Europe.
Section 702. Relating to Cyprus. This section makes
findings and recommendations relative to the situation in
Cyprus. This section supports a peaceful and just resolution of
the situation on Cyprus by expressing the sense of the Congress
that Turkey should be encouraged to take steps to reduce the
level of armaments on Cyrus, commensurate to those already
taken by the Government of Cyprus.
Jurisdictional Matters
The following information is provided for the information
of Members:
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 18, 1999.
Hon. Benjamin Gilman,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Chairman Gilman: I am writing to you regarding the
``Foreign Relations Authorization Act, Fiscal Years 2000 and
2001,'' which I understand you intend to introduce in the near
future.
As currently drafted, section 201 of the bill contains
authority for the Federal Bureau of Investigation to lease
aircraft to respond to a terrorist attack abroad. This
provision falls within the Rule X jurisdiction of the Committee
on the Judiciary.
The Judiciary Committee does not object to the terms of
this provision. In fact, our Committee staff has worked with
your Committee staff to develop the language it contains. In
the interest of assisting you in moving your legislation
expeditiously, I will not object to its inclusion in your bill,
and will not request a joint or sequential referral of the bill
for purposes of section 201 if this section is reported by your
Committee in a form substantially similar to the current
proposal. However, I trust you agree that this will not
prejudice this Committee's jurisdiction prerogatives over the
subject matters contained in section 201. I also reserve our
Committee's right to be named conferees on this provision
should the bill go to conference.
As always, I appreciate your courtesy and cooperation.
Sincerely,
Henry J. Hyde, Chairman.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 404 OF THE ASIA FOUNDATION ACT
funding
[Sec. 404. There are authorized to be appropriated to the
Secretary of State $10,000,000 for each of the fiscal years
1998 and 1999 for grants to The Asia Foundation pursuant to
this title.]
Sec. 404. There are authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2000 for
grants to The Asia Foundation pursuant to this title.
----------
FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
* * * * * * *
DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Reform
and Restructuring Act of 1998''.
* * * * * * *
SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
* * * * * * *
TITLE XIII--UNITED STATES INFORMATION AGENCY
* * * * * * *
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
* * * * * * *
SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES
INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.
(a) * * *
* * * * * * *
(e) Transfer of Functions.--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).
* * * * * * *
CHAPTER 4--CONFORMING AMENDMENTS
* * * * * * *
[SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
[(a) Abolition.--The United States Advisory Commission on
Public Diplomacy is abolished.
[(b) Repeals.--Section 604 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and
section 8 of Reorganization Plan Numbered 2 of 1977 are
repealed.]
* * * * * * *
SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION
* * * * * * *
TITLE XX--GENERAL PROVISIONS
* * * * * * *
SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.
(a) * * *
* * * * * * *
(c) Report.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Inspector General of
the Department of State [and the Foreign Service] shall
submit a report to the appropriate congressional
committees which includes the following:
(A) * * *
* * * * * * *
* * * * * * *
TITLE XXVII--EUROPEAN SECURITY ACT OF 1998
* * * * * * *
SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
DEFENSE.
(a) * * *
* * * * * * *
(d) Report on Cooperative Projects With Russia.--Not later
than January 1, 1999, [and January 1, 2000,] January 1, 2000,
January 1, 2001, and January 1, 2002, the President shall
submit to the Committees on International Relations, National
Security, and Appropriations of the House of Representatives
and the Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate a report on cooperative projects
with Russia in the area of ballistic missile defense, including
in the area of early warning. Each such report shall include
the following:
(1) Cooperative projects.--A description of all
cooperative projects conducted in the area of early
warning and ballistic missile defense during the
preceding fiscal year and the fiscal year during which
the report is submitted.
(2) Funding.--A description of the funding for such
projects during the preceding fiscal year and the year
during which the report is submitted and the proposed
funding for such projects for the next fiscal year.
(3) Status of dialogue or discussions.--A description
of the status of any dialogue or discussions conducted
during the preceding fiscal year between the United
States and Russia aimed at exploring the potential for
mutual accommodation of outstanding issues between the
two nations on matters relating to ballistic missile
defense and the ABM Treaty, including the possibility
of developing a strategic relationship not based on
mutual nuclear threats.
* * * * * * *
TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS
SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE
GOVERNMENT OF SAUDI ARABIA.
(a) * * *
(b) Termination.--Subsection (a) shall cease to have effect
on [the earlier of--]
[(1) the date of submission of the third report under
that subsection; or]
[(2)] the date that the Secretary of State, after
consultation with the Secretary of Defense and the
Secretary of Commerce, certifies in writing to the
appropriate congressional committees that the
commercial disputes referred to in subsection (a) have
been resolved satisfactorily.
SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD
ACT.
(a) Reports Required.--Not later than 30 days after the date
of the enactment of this Act and every 3 months thereafter
[during the period ending September 30, 1999,], the Secretary
of State shall submit to the appropriate congressional
committees a report on the implementation of section 401 of the
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6091). Each report shall include--
(1) * * *
* * * * * * *
SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON
INTERNATIONAL CHILD ABDUCTION.
(a) In General.--Beginning 6 months after the date of the
enactment of this Act and every 12 months thereafter during the
period ending September 30, [1999,] 2000, the Secretary of
State shall submit a report to the appropriate congressional
committees on the compliance with the provisions of the
Convention on the Civil Aspects of International Child
Abduction, done at The Hague on October 25, 1980, by the
signatory countries of the Convention. Each such report shall
include the following information:
(1) The number of applications for the return of
children submitted by United States citizens to the
Central Authority for the United States that remain
unresolved more than 18 months after the date of
filing.
(2) A list of the countries to which children in
unresolved applications described in paragraph (1) are
alleged to have been [abducted.] abducted, are being
wrongfully retained in violation of United States court
orders, or which have failed to comply with any of
their obligations under such convention with respect to
applications for the return of children, access to
children, or both, submitted by United States citizens
or lawful residents.
(3) A list of the countries that have demonstrated a
pattern of noncompliance with the obligations of the
Convention with respect to applications for the return
of [children] children, access to children, or both,
submitted by United States citizens or lawful residents
to the Central Authority for the United States.
* * * * * * *
(6) A list of the countries which are Parties to the
Convention, but in which due to the absence of a prompt
and effective method for enforcement of civil court
orders, the absence of a doctrine of comity, or other
factors, there is a substantial possibility that an
order of return or access under a Hague Convention
proceeding, or a United States custody, access, or
visitation order, will not be promptly enforced.
SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.
In order to provide Congress with the necessary information
by which to evaluate the relationship between the United States
and Vietnam, the Secretary of State shall submit a report to
the appropriate congressional committees, not later than 90
days after the date of enactment of this Act and every 180 days
thereafter [during the period ending September 30, 1999,] on
the extent to which--
(1) * * *
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
Chapter 1--General Provisions
* * * * * * *
Sec. 105. Merit Principles; Protections for Members of the
Service; and Minority Recruitment.--(a) * * *
* * * * * * *
(b) The Secretary shall administer the provisions of this Act
and shall prescribe such regulations as may be necessary to
ensure that members of the Service, as well as applicants for
appointments in the Service--
(1) * * *
(2) are free from reprisal for--
(A) * * *
(B) a disclosure to the Special Counsel of
the Merit Systems Protection Board, or to the
Inspector General of an agency (including the
Inspector General of the Department of [State
and the Foreign Service)] State) or another
employee designated by the head of the agency
to receive such disclosures, of information
which the member or applicant reasonably
believes evidences--
(i) a violation of any law, rule, or
regulation, or
(ii) mismanagement, a gross waste of
funds, an abuse of authority, or a
substantial and specific danger to
public health or safety;
* * * * * * *
Chapter 2--Management of the Service
* * * * * * *
Sec. 202. Other Agencies Utilizing the Foreign Service
Personnel System.--(a)(1) The Broadcasting Board of Governors
and the Administrator of the Agency for International
Development may utilize the Foreign Service personnel system
with respect to their respective agencies in accordance with
this Act.
* * * * * * *
(4) When and to the extent the Secretary of State deems it in
the best interests of the United States Government, the
Secretary of State may authorize the head of any agency or
other Government establishment (including any establishment in
the legislative or judicial branch), to appoint pursuant to
section 303 individuals hired abroad as members of the Service
and to utilize the Foreign Service personnel system under such
regulations as the Secretary of State may prescribe, provided
that appointments of United States citizens under this
subsection shall be limited to appointments authorized by
section 311(a).
* * * * * * *
Sec. 209. Inspector General.--(a)(1) There shall be an
Inspector General of the Department of [State and the Foreign
Service,] State, who shall be appointed by the President, by
and with the advice and consent of the Senate, without regard
to political affiliation from among individuals exceptionally
qualified for the position by virtue of their integrity and
their demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations, or their knowledge and experience in the
conduct of foreign affairs. [The Inspector General shall report
to and be under the general supervision of the Secretary of
State.] Neither the Secretary of State nor any other officer of
the Department shall prevent or prohibit the Inspector General
from initiating, carrying out, or completing any audit or
investigation, or from issuing any subpena during the course of
any audit or investigation. The Inspector General shall
periodically (at least every 5 years) inspect and audit the
administration of activities and operations of each Foreign
Service post and each bureau and other operating unit of the
Department of State, and shall perform such other functions as
the Secretary of State may prescribe, except that the Secretary
of State shall not assign to the Inspector General any general
program operating responsibilities.
* * * * * * *
Chapter 3--Appointments
* * * * * * *
Sec. 304. Appointment of Chiefs of Mission.--(a) * * *
* * * * * * *
[(c) Within 6 months after assuming the position, the chief
of mission to a foreign country shall submit, to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives, a report describing
his or her own foreign language competence and the foreign
language competence of the mission staff in the principal
language or other dialect of that country.]
* * * * * * *
Chapter 4--Compensation
* * * * * * *
Sec. 408. Local Compensation Plans.--(a)(1) The Secretary
shall establish compensation (including position
classification) plans for foreign national employees of the
Service and United States citizens employed under section
311(c)(1). To the extent consistent with the public interest,
each compensation plan shall be based upon prevailing wage
rates and compensation practices (including participation in
local social security plans) for corresponding types of
positions in the locality of employment, except that such
compensation plans shall provide for payment of wages to United
States citizens at a rate which is no less than the then
applicable minimum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). Any
compensation plan established under this section may include
provision for (A) leaves of absence with pay for employees in
accordance with prevailing law and employment practices in the
locality of employment without regard to any limitation
contained in section 6310 of title 5, United States Code, (B)
programs for voluntary transfers of such leave and voluntary
leave banks, which shall, to the extent practicable, be
established in a manner consistent with the provisions of
subchapters III and IV, respectively, of chapter 63 of title 5,
United States Code, and (C) payments by the Government and
employees to a trust or other fund in a financial institution
in order to finance future benefits for employees, including
provision for retention in the fund of accumulated interest for
the benefit of covered employees. For United States citizens
under a compensation plan, the Secretary shall [(A) provide
such citizens with a total compensation package (including
wages, allowances, benefits, and other employer payments, such
as for social security) that has the equivalent cost to that
received by foreign national employees occupying a similar
position at that post and (B)] define those allowances and
benefits provided under United States law which shall be
included as part of this total compensation package,
notwithstanding any other provision of law, except that this
section shall not be used to override United States minimum
wage requirements, or any provision of the Social Security Act
or the Internal Revenue Code.
* * * * * * *
SEC. 414. BORDER EQUALIZATION ADJUSTMENT.
(a) In General.--An employee who regularly commutes from his
or her place of residence in the continental United States to
an official duty station in Canada or Mexico shall receive a
border equalization adjustment equal to the amount of
comparability payments under section 5304 of title 5, United
States Code, that he or she would receive if assigned to an
official duty station within the United States locality pay
area closest to the employee's official duty station.
(b) Definition of Employee.--For purposes of this section,
the term ``employee'' shall mean a person who--
(1) is an ``employee'' as defined under section 2105
of title 5, United States Code; and
(2) is employed by the United States Department of
State, the United States Agency for International
Development, or the International Joint Commission,
except that the term shall not include members of the
Foreign Service as defined by section 103 of the
Foreign Service Act of 1980 (Public Law 96-465),
section 3903 of title 22 of the United States Code.
(c) Treatment as Basic Pay.--An equalization adjustment
payable under this section shall be considered basic pay for
the same purposes as are comparability payments under section
5304 of title 5, United States Code, and its implementing
regulations.
(d) Regulations.--The agencies referenced in subsection
(b)(2) are authorized to promulgate regulations to carry out
the purposes of this section.
* * * * * * *
Chapter 6--Promotion and Retention
Sec. 601. Promotions.--(a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
[(4) Not later than March 1 of each year, the Secretary of
State shall submit a report to the Speaker of the House of
Representatives and to the Committee on Foreign Relations of
the Senate which shall--
[(A) describe the steps taken and planned in
furtherance of--
[(i) maximum compatibility among agencies
utilizing the Foreign Service personnel system,
as provided for in section 203, and
[(ii) the development of uniform policies and
procedures and consolidated personnel
functions, as provided for in section 204;
[(B) specify the upper and lower limits planned by
each such agency for recruitment, advancement, and
retention of members of the Service, as provided for in
section 601(c)(2), including, with respect to each of
the relevant promotion competition groups, the
projected ranges of rates of appointment, promotion,
and attrition over each of the next 5 fiscal years, as
well as a comparison of such projections with the
projections for the preceding year and with actual
rates of appointment, promotion, and attrition,
including a full explanation of any deviations from
projections reported in the preceding year; and
[(C) specify the numbers of members of the Service
who are assigned to positions classified under section
501 which are more than one grade higher or lower than
the personal rank of the member.]
(4) Not later than March 1, 2001, and every four years
thereafter, the Secretary of State shall submit a report to the
Speaker of the House of Representatives and to the Committee on
Foreign Relations of the Senate which shall include the
following:
(A) A description of the steps taken and planned in
furtherance of--
(i) maximum compatibility among agencies
utilizing the Foreign Service personnel system,
as provided for in section 203, and
(ii) the development of uniform policies and
procedures and consolidated personnel
functions, as provided for in section 204.
(B) A workforce plan for the subsequent five years,
including projected personnel needs, by grade and by
skill. Each such plan shall include for each category
the needs for foreign language proficiency, geographic
and functional expertise, and specialist technical
skills. Each workforce plan shall specifically account
for the training needs of Foreign Service personnel and
shall delineate an intake program of generalist and
specialist Foreign Service personnel to meet projected
future requirements.
(5) If there are substantial modifications to any workforce
plan under paragraph (4)(B) during any year in which a report
under paragraph (4) is not required, a supplemental annual
notification shall be submitted in the same manner as is
required under paragraph (4).
* * * * * * *
Sec. 603. Basis for Selection Board Review.--(a)
Recommendations and rankings by selection boards shall be based
upon records of the character, ability, conduct, quality of
work, industry, experience, dependability, usefulness, and
general performance of members of the Service. Such records may
include reports prepared by or on behalf of the Inspector
General of the Department of [State and the Foreign Service,]
State, performance evaluation reports of supervisors, records
of commendations, reports of language test scores from the
Foreign Service Institute, awards, reprimands, and other
disciplinary actions, and (with respect to members of the
Senior Foreign Service) records of current and prospective
assignments.
* * * * * * *
Chapter 10--Labor-Management Relations
* * * * * * *
Sec. 1002. Definitions.--As used in this chapter, the term--
(1) * * *
* * * * * * *
(12) ``management official'' means an individual
who--
(A) * * *
* * * * * * *
(E) is assigned to carry out functions of the
Inspector General of the Department of State
[and the Foreign Service] under section 209; or
* * * * * * *
Chapter 11--Grievances
* * * * * * *
Sec. 1103. Freedom of Action.--(a) * * *
* * * * * * *
(d)(1) No record of--
(A) a determination by the Secretary to reject a
recommendation of the Foreign Service Grievance Board,
(B) a finding by the Grievance Board against the
grievant, or
(C) the fact that a grievance proceeding is pending
or has been held,
shall be entered in the personnel records of the grievant
(except by order of the Grievance Board as a remedy for the
grievance) or those of any other individual connected with the
grievance. Nothing in this subsection shall prevent a grievant
from placing a rebuttal to accompany a record of disciplinary
action in such grievant's personnel records nor prevent the
Department from including a response to such rebuttal,
including documenting those cases in which the Board has
reviewed and upheld the discipline.
* * * * * * *
----------
SECTION 574 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1996
[annual report on economic and social growth
[Sec. 574. (a) Reporting Requirement.--The President shall
submit to the appropriate congressional committees an annual
report providing a concise overview of the prospects for
economic and social growth on a broad, equitable, and
sustainable basis in the countries receiving economic
assistance under title II of this Act. For each country, the
report shall discuss the laws, policies and practices of that
country that most contribute to or detract from the achievement
of this kind of growth. The report should address relevant
macroeconomic, microeconomic, social, legal, environmental, and
political factors and include criteria regarding wage and price
controls, State ownership of production and distribution, State
control of financial institutions, trade and foreign
investment, capital and profit repatriation, tax and private
property protections and a country's commitment to stimulate
education, health and human development.
[(b) Countries.--The countries referred to in subsection (a)
are countries--
[(1) for which in excess of $5,000,000 has been
obligated during the previous fiscal year for
assistance under sections 103 through 106, chapters 10
and 11 of part I, and chapter 4 of part II of the
Foreign Assistance of 1961, and under the Support for
East European Democracy Act of 1989; or
[(2) for which in excess of $1,000,000 has been
obligated during the previous fiscal year by the
Overseas Private Investment Corporation.
[(c) Consultation.--The Secretary of State shall submit the
report required by subsection (a) in consultation with the
Secretary of the Treasury, the Administrator of the Agency for
International Development, and the President of the Overseas
Private Investment Corporation. The report shall be submitted
with the annual congressional presentation for appropriations.]
----------
SECTION 308 OF THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND WARFARE
ELIMINATION ACT OF 1991
[SEC. 308. PRESIDENTIAL REPORTING REQUIREMENTS.
[(a) Reports to Congress.--Not later than 90 days after the
date of the enactment of this title, and every 12 months
thereafter, the President shall transmit to the Congress a
report which shall include--
[(1) a description of the actions taken to carry out
this title, including the amendments made by this
title;
[(2) a description of the current efforts of foreign
countries and subnational groups to acquire equipment,
materials, or technology to develop, produce, or use
chemical or biological weapons, together with an
assessment of the current and likely future
capabilities of such countries and groups to develop,
produce, stockpile, deliver, transfer, or use such
weapons;
[(3) a description of--
[(A) the use of chemical weapons by foreign
countries in violation of international law,
[(B) the use of chemical weapons by
subnational groups,
[(C) substantial preparations by foreign
countries and subnational groups to do so, and
[(D) the development, production,
stockpiling, or use of biological weapons by
foreign countries and subnational groups; and
[(4) a description of the extent to which foreign
persons or governments have knowingly and materially
assisted third countries or subnational groups to
acquire equipment, material, or technology intended to
develop, produce, or use chemical or biological
weapons.
[(b) Protection of Classified Information.--To the extent
practicable, reports submitted under subsection (a) or any
other provision of this title should be based on unclassified
information. Portions of such reports may be classified.]
----------
SECTION OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1997
[north korea
[Sec. 585. Ninety days after the date of enactment of
this Act, and every 180 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense, shall
provide a report in a classified or unclassified form to the
Committee on Appropriations including the following
information:
[(a) a best estimate on fuel used by the military
forces of the Democratic People's Republic of Korea
(DPRK);
[(b) the deployment position and military training
and activities of the DPRK forces and best estimate of
the associated costs of these activities;
[(c) steps taken to reduce the DPRK level of forces;
and
[(d) cooperation, training, or exchanges of
information, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.]
----------
SECTION 3 OF THE AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ
RESOLUTION
[SEC. 3. REPORTS TO CONGRESS.
At least once every [60 days] six months, the President shall
submit to the Congress a summary on the status of efforts to
obtain compliance by Iraq with the resolutions adopted by the
United Nations Security Council in response to Iraq's
aggression.]
----------
SECTION 1709 OF THE REVISED STATUTES
[1709. It shall be the duty of a consular officer, or, if no
consular officer is present, a diplomatic officer, under such
procedural regulations as the Secretary of State may prescribe-
-
[First. To take possession and to dispose of the personal
estate left by any citizen of the United States, except a
seaman who is a member of the crew of an American vessel, who
shall die within or is domiciled at time of death within his
jurisdiction: Provided, That such procedure is authorized by
treaty provisions or permitted by the laws or authorities of
the country wherein the death occurs, or the decedent is
domiciled, or that such privilege is accorded by established
usage: Provided further, That the decedent shall leave in the
country where the death occurred or where he was domiciled, no
legal representative, partner in trade, or trustee by him
appointed to take care of his personal estate. A consular
officer or, in his absence, a diplomatic officer shall act as
the provisional conservator of the personal property within his
jurisdiction of a deceased citizen of the United States but,
unless authorized by treaty provisions, local law, or usage, he
shall not act as administrator of such personal property. He
shall render assistance in guarding, collecting, and
transmitting the property to the United States to be disposed
of according to the law of the decedent's domicile.
[Second. After having taken possession of the personal
property, as provisional conservator, to inventory and
carefully appraise the effects with the assistance of two
competent persons who, together with such officer, shall sign
the inventory and annex thereto an appropriate certificate as
to the accuracy of the appraised value of each article.
[Third. To collect the debts due to the decedent in his
jurisdiction and pay from the estate the obligations owed there
by the decedent.
[Fourth. To sell at auction, after reasonable public notice,
unless the amount involved does not justify such expenditure,
such part of the estate as shall be of a perishable nature, and
after reasonable public notice and notice to next of kin if
they can be ascertained by reasonable diligence such further
part, if any, as shall be necessary for the payment of the
decedent's debts incurred in such country, and funeral
expenses, and expenses incident to the disposition of the
estate. If, at the expiration of one year from the date of
death (or for such additional period as may be required for
final settlement of the estate), no claimant shall appear, the
residue of the estate, with the exception of investments of
bonds, shares of stocks, notes of indebtedness, jewelry or
heirlooms, or other articles having a sentimental value, shall
be sold.
[Fifth. To transmit to the Department of State the proceeds
of the sale (and any unsold effects, such as investments of
bonds, shares of stocks, notes of indebtedness, jewelry or
heirlooms, or other articles having a sentimental value), there
to be held in trust for the legal claimant. If, however, at any
time prior to such transmission, the decedent's legal
representative should appear and demand the proceeds and
effects in the officer's hands, he shall deliver them to such
representative after having collected the prescribed fee
therefor.
[The Secretary of State or the Secretary's representative
shall act as conservator of such parts of these estates as may
be received by the Department of State or are in its
possession, and may, when deemed to be in the interest of the
estate, sell such effects, including bonds, shares of stock,
notes of indebtedness, jewelry, or other articles, which have
heretofore or may hereafter be so received, and pay the
expenses of such sale out of the proceeds: Provided,
Thatapplication for such effects shall not have been made by the legal
claimant within six years after their receipt. The Secretary of State
is authorized, for and in behalf of the estate of the deceased, to
receive any balances due to such estates, to draw therefor on banks,
safe deposits, trust or loan companies, or other like institutions, to
endorse all checks, bills of exchange, promissory notes, and other
evidences of indebtedness due to such estates, and take such other
action as may be deemed necessary for the conservation of such estates.
The net proceeds of such sales, together with such other moneys as may
be collected by him, shall be deposited into the Treasury to a fund in
trust for the legal claimant and reported to the Secretary of State.
[If no claim to the effects the proceeds of which have been
so deposited shall have been received from a legal claimant of
the deceased within six years from the date of the receipt of
the effects by the Department of State, the funds so deposited,
with any remaining unsold effects, less transmittal charges,
shall be transmitted by that department to the proper officer
of the State or Territory of the last domicile in the United
States of the deceased citizen, if known, or, if not, such
funds shall be covered into the general fund of the Treasury as
miscellaneous receipts on account of proceeds of deceased
citizens, and any such remaining unsold effects shall be
disposed of by the Department of State in such manner as, in
the judgment of the Secretary of State, is deemed appropriate,
or they may be destroyed if considered no longer possessed of
any value: Provided, That when the estate shall be valued in
excess of $500, and no claim therefor has been presented to the
Department of State by a legal claimant within the period
specified in this paragraph or the legal claimant is unknown,
before disposition of the estate as provided herein, notice
shall be given by publishing once a week for four consecutive
weeks in a newspaper published in the county of the last known
domicile of the deceased, in the United States, the expense
thereof to be deducted from the proceeds of such estate, and
any lawful claim received as the result of such advertisement
shall be adjusted and settled as provided for herein.]
----------
THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
TITLE I--BASIC AUTHORITIES GENERALLY
organization of the department of state
Section 1. (a) * * *
* * * * * * *
(i) Establishment of Certain Bureaus, Offices, and Other
Organizational Entities Within the Department of State.--
(1) Bureau for international information programs.--
There is established within the Department of State the
Bureau for International Information Programs which
shall assist the Secretary of State in carrying out
international information activities formerly carried
out by the United States Information Agency.
(2) Bureau for educational and cultural exchange
programs.--There is established within the Department
of State a Bureau for Educational and Cultural Exchange
Programs which shall assist the Secretary of State in
carrying out educational and cultural exchange
programs.
* * * * * * *
SEC. 36A. THE FOREIGN SERVICE STAR.
(a) Authority.--The President may award a decoration called
the ``Foreign Service Star'' to an individual--
(1) who is killed or injured after August 1, 1998,
(2) whose death or injury occurs while the individual
is a member of the Foreign Service or a civilian
employee of the Government of the United States--
(3) whose death or injury occurs while the
individual--
(A) is employed at, or assigned permanently
or temporarily to, an official mission
overseas, or
(B) was traveling abroad on official
business, and
(4) whose death or injury occurs while performing
official duties, while on the premises of a United
States mission abroad, or due to such individual's
status as an employee of the United States Government,
and results from any form of assault including
terrorist or military action, civil unrest, or criminal
activities directed at facilities of the Government of
the United States.
(b) Selection.--The Secretary shall submit recommendations
for the Foreign Service Star to the President. The Secretary
shall establish criteria and procedures for nominations for the
Foreign Service Star pursuant to such regulations as the
Secretary may prescribe for awards under this section.
(c) Funding.--Any expenses incident to an award under this
section may be paid out of the applicable current account of
the agency with which the individual was or is employed.
(d) Posthumous Award.--A Foreign Service Star award to an
individual who is deceased shall be presented to the
individual's next of kin or representative, as designated by
the President.
* * * * * * *
procedures regarding major disasters and incidents abroad affecting
united states citizens
Sec. 43. (a) Authority.--In the case of a major disaster or
incident abroad which affects the health and safety of citizens
of the United States residing or traveling abroad, the
Secretary of State shall provide prompt and thorough
notification of all appropriate information concerning such
disaster or incident and its effect on United States citizens
to the next-of-kin of such individuals. Notification shall be
provided through the most expeditious means available,
including telephone communications, and shall include timely
written notice. The Secretary, through the appropriate offices
of the Department of State, shall act as a clearinghouse for
up-to-date information for the next-of-kin and shall provide
other services andassistance. Assistance shall include liaison
with foreign governments and persons and with United State air carriers
concerning arrangements for the preparation and transport to the United
States of the remains of citizens who die abroad, as well as
[disposition of personal effects.] disposition of personal estates
pursuant to section 43B of this Act.
(b) Definitions.--For purposes of this section and sections
43A and 43B of this Act, the term ``consular officer'' includes
any United States citizen employee of the Department of State
who is designated by the Secretary of State to perform consular
services pursuant to such regulations as the Secretary may
prescribe.
SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.
Pursuant to such regulations as the Secretary of State may
prescribe--
(1) When a United States citizen or national dies
abroad, a consular officer shall endeavor to notify, or
assist the Secretary of State in notifying, the next of
kin or legal guardian as soon as possible; provided,
that in the case of death of Peace Corps Volunteers,
members of the Armed Forces, their dependents, or
Department of Defense civilian employees, the consular
officer shall assist the Peace Corps or the appropriate
military authorities in making such notifications.
(2) The consular officer may, for any United States
citizen who dies abroad, (A) in the case of a finding
by appropriate local authorities, issue a report of
death or of presumptive death, or (B) in the absence of
a finding by appropriate local authorities, issue a
report of presumptive death.
SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.
(a) Conservation of Estates Abroad.--
(1) Authority to act as conservator.--Pursuant to
such regulations as the Secretary of State may
prescribe, when a United States citizen or national
dies abroad, a consular officer shall act as the
provisional conservator of the decedent's estate and,
subject to paragraphs (3) and (4), shall--
(A) take possession of the personal effects
within his jurisdiction;
(B) inventory and appraise the personal
effects, sign the inventory, and annex thereto
a certificate as to the accuracy of the
inventory and appraised value of each article;
(C) when appropriate, collect the debts due
to the decedent in the officer's jurisdiction
and pay from the estate the obligations owed
there by the decedent;
(D) sell or dispose of, as appropriate, all
perishable items of property;
(E) sell, after reasonable public notice and
notice to such next of kin as can be
ascertained with reasonable diligence, such
additional items of property as necessary to
provide funds sufficient to pay the decedent's
debts and property taxes in the country of
death, funeral expenses, and other expenses
incident to the disposition of the estate;
(F) at the end of one year from the date of
death (or after such additional period as may
be required for final settlement of the
estate), if no claimant shall have appeared,
sell or dispose of the residue of the personal
estate, except as provided in subparagraph (G)
below, in the same manner as United States
Government-owned foreign excess property;
(G) transmit to the United States, to the
Secretary of State, the proceeds of any sales
along with any financial instruments (including
bonds, shares of stock, and notes of
indebtedness), jewelry, heirlooms, and other
articles of obvious sentimental value, to be
held in trust for the legal claimant; and
(H) in the event that the decedent's estate
includes an interest in real property located
within the jurisdiction of the officer and such
interest does not devolve by the applicable
laws of intestate succession or otherwise,
provide for title to the property to be
conveyed to the Government of the United States
unless the Secretary declines to accept such
conveyance.
(2) Authority to act as administrator.--The Secretary
of State may expressly authorize the officer to act as
administrator of the estate in exceptional
circumstances, pursuant to such regulations as the
Secretary may prescribe. The officer shall not
otherwise act in such capacity.
(3) Exceptions.--
(A) The function provided for in this section
shall not be performed to the extent that the
decedent has left or there is otherwise
appointed, in the country where the death
occurred or where the decedent was domiciled, a
legal representative, partner in trade, or
trustee appointed to take care of his personal
estate. If the decedent's legal representative
shall appear at any time prior to transmission
of the estate to the Secretary and demand the
proceeds and effects being held by the officer,
the officer shall deliver them to the
representative after having collected any
prescribed fee for the services rendered
pursuant to this section.
(B) Nothing in this section shall affect the
authority of military commanders under title 10
of the United States Code with respect to
persons or property under military command or
jurisdiction or the authority of the Peace
Corps with respect to Peace Corps Volunteers or
their property.
(4) Conditions.-- The functions provided for in this
section shall be performed only when authorized by
treaty provisions or permitted by the laws or
authorities of the country wherein the death occurs, or
the decedent is domiciled, or if such functions are
permitted by established usage.
(b) Disposition of Estates by the Secretary of State.--
(1) Personal estates.--
(A) After receipt of personal estates
pursuant to subsection (a), the Secretary,
pursuant to such regulations as the Secretary
may prescribe for the conservation of such
estates, may seek payment of all outstanding
debts to the estate as they become due, may
receive any balances due on such estates, may
endorse all checks, bills of exchange,
promissory notes, and other instruments of
indebtedness payable to the estate for the
benefit thereof, and may take such other action
as is reasonably necessary for the conservation
of the estate.
(B) If by the end of the fifth full fiscal
year after receipt of the personal estate
pursuant to subsection (a), no legal claimant
for such estate has appeared, title to the
estate shall pass to the Secretary who shall
dispose of the estate in the same manner as
surplus United States Government-owned property
or by such means as may be appropriate in light
of the nature and value of the property
involved. The expenses of sales shall be paid
from the estate, and any lawful claim received
thereafter shall be payable to the extent of
the value of the net proceeds of the estate as
a refund from the appropriate Treasury account.
(C) The net cash estate after disposition as
provided in subparagraph (B) shall be remitted
to the Treasury as miscellaneous receipts.
(2) Real property.--Pursuant to such regulations as
the Secretary may prescribe--
(A) in the event that real property is
conveyed to the Government of the United States
pursuant to subsection (a)(1)(H) and is not
needed by the Department of State, such
property shall be considered foreign excess
property under title IV of the Federal Property
and Administrative Services Act of 1949 (40
U.S.C. 511 et seq.); and
(B) in the event that the Department needs
such property, the Secretary shall treat such
property as if it were an unconditional gift
accepted on behalf of the Department of State
pursuant to section 25 of this Act and section
9(a)(3) of the Foreign Service Buildings Act of
1926, as amended.
(c) Losses in Connection With the Conservation of Estates.--
(1) Authority.--Pursuant to such regulations as the
Secretary of State may prescribe, the Secretary is
authorized to compensate the estate of any United
States citizen, who has died overseas, for property,
the conservation of which has been undertaken under
either section 43 or subsection (a) of this section,
and that has been lost, stolen, or destroyed while in
the custody of officers or employees of the Department
of State. Any such compensation shall be in lieu of
personal liability of officers or employees of the
Department of State. Officers and employees of the
Department of State may be liable in appropriate cases
to the Department of State to the extent of any
compensation provided pursuant to this subsection.
(2) Liability.--The liability of officers or
employees of the Department of State to the Department
for payments made pursuant to paragraph (a) of this
section shall be determined pursuant to the
Department's procedures for determining accountability
for United States Government property.
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
* * * * * * *
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
* * * * * * *
PART B--AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 140. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) * * *
* * * * * * *
(3) [For fiscal years 1994 and 1995, fees deposited
under the authority of paragraph (2) may not exceed a
total of $107,500,000.] For each of the fiscal years
2000, 2001, and 2002, any amount collected under
paragraph (1) that exceeds $316,715,000 for fiscal year
2000, $338,885,000 for fiscal year 2001, and
$362,607,000 for fiscal year 2002 may be made available
only if a notification is submitted to Congress in
accordance with the procedures applicable to
reprogramming notifications under section 34 of the
State Department Basic Authorities Act of 1956. For
subsequent fiscal years, fees may be collected under
the authority of paragraph (1) only in such amounts as
shall be prescribed in subsequent authorization Acts.
[(4) The provisions of the Act of August 18, 1856
(Revised Statutes 1726-28; 22 U.S.C. 4212-14),
concerning accounting for consular fees shall not apply
to fees collected under this subsection.
[(5) No fee or surcharge authorized under paragraph
(1) may be charged to a citizen of a country that is a
signatory as of the date of enactment of this Act to
the North American Free Trade Agreement, except that
the Secretary of State may charge such fee or surcharge
to a citizen of such a country if the Secretary
determines that such country charges a visa application
or issuance fee to citizens of the United States.]
* * * * * * *
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
* * * * * * *
PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
* * * * * * *
[SEC. 230. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL
EXPOSITIONS.
[Notwithstanding any other provision of law, the United
States Information Agency shall not obligate or expend any
funds for a United States Government funded pavilion or other
major exhibit at any international exposition or world's fair
registered by the Bureau of International Expositions in excess
of amounts expressly authorized and appropriated for such
purpose.]
* * * * * * *
----------
SECTION 4 OF THE PASSPORT ACT OF JUNE 4, 1920
[Sec. 4. Whenever the appropriate officer within the United
States of any foreign country refuse to vise a passport issued
by the United States, the Department of State is hereby
authorized upon request in writing and the return of the unused
passport within six months from the date of issue to refund to
the person to whom the passport was issued the fees which have
been paid to Federal officials, and the money for that purpose
is hereby appropriated and directed to be paid upon the order
of the Secretary of State.]
----------
SECTION 502B OF THE FOREIGN ASSISTANCE ACT OF 1961
Sec. 502B. Human Rights.--(a) * * *
(b) The Secretary of State shall transmit to the Congress, as
part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
information on practices regarding coercion in population
control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Each report under this section shall list the
votes of each member of the United Nations Commission on Human
Rights on all country-specific and thematic resolutions voted
on at the Commission's annual session during the period covered
during the preceding year. Each report under this section shall
describe the extent to which each country has extended
protection to refugees, including the provision of first asylum
and resettlement. In determining whether a government falls
within the provisions of subsection (a)(3) and in the
preparation of any report or statement required under this
section, consideration shall be given to--
(1) * * *
* * * * * * *
----------
SECTION 602 OF THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998
SEC. 602. REFORM OF REFUGEE POLICY.
(a) * * *
* * * * * * *
(c) Guidelines for Refugee-Processing Posts.--
(1) Guidelines for addressing hostile biases.--The
Attorney General and the Secretary of State shall
develop and implement guidelines that address potential
biases in personnel of the Immigration and
Naturalization Service and of the Department of State
that are hired abroad and involved with duties which
could constitute an effective barrier to a refugee
claim if such personnel carries a bias against the
claimant on the grounds of religion, race, nationality,
membership in a particular social group, or political
opinion. The subject matter of this training should be
culturally sensitive and tailored to provide a
nonbiased, nonadversarial atmosphere for the purpose of
refugee adjudications.
* * * * * * *
(3) Not later than 120 days after the date of the
enactment of the Foreign Relations Authorization Act,
Fiscal Year 2000, the Secretary of State (after
consultation with the Attorney General) shall issue
guidelines to ensure that persons with potential biases
against any refugee applicant, including persons
employed by, or otherwise subject to influence by,
governments known to be involved in persecution on
account of religion, race, nationality, membership in a
particular social group, or political opinion, shall
not in any way be used in processing determinations of
refugee status, including interpretation of
conversations or examination of documents presented by
such applicants.
----------
UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994
* * * * * * *
TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT
* * * * * * *
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(a) Continued Existence Within Executive Branch.--
(1) * * *
* * * * * * *
(3) Inspector general authorities.--
(A) In general.--The Inspector General of the
Department of State [and the Foreign Service]
shall exercise the same authorities with
respect to the Broadcasting Board of Governors
and the International Broadcasting Bureau as
the Inspector General exercises under the
Inspector General Act of 1978 and section 209
of the Foreign Service Act of 1980 with respect
to the Department of State.
* * * * * * *
(g) Immunity From Civil Liability.--Notwithstanding any other
provision of law, the Volunteer Protection Act of 1997 shall
apply to the members of the Broadcasting Board of Governors
when acting in their capacities as members of the boards of
directors of RFE/RL, Incorporated and Radio Free Asia.
* * * * * * *
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.
(a) * * *
* * * * * * *
(c) Limitation on Grant Amounts.--The total amount of grants
made by the Board for the operating costs of Radio Free Europe
and Radio Liberty may not exceed [$75,000,000] $80,000,000 for
any fiscal year after fiscal year 1995.
* * * * * * *
(i) Report on Management Practices.--(1) Effective not later
than March 31 and September 30 of each calendar year, the
[Inspector General of the Department of State and the Foreign
Service] Inspector General of the Department of State shall
submit to the Board, and the Congress a report on management
practices of RFE/RL, Incorporated, under this section. The
[Inspector General of the Department of State and the Foreign
Service] Inspector General of the Department of State shall
establish a special unit within the Inspector General's office
to monitor and audit the activities of RFE/RL, Incorporated,
and shall provide for on-site monitoring of such activities.
(j) Audit Authority.--
(1) * * *
* * * * * * *
(3) Notwithstanding any other provision of law and
upon repeal of the Board for International Broadcasting
Act, the [Inspector General of the Department of State
and the Foreign Service] Inspector General of the
Department of State is authorized to exercise the
authorities of the Inspector General Act of 1978 with
respect to RFE/RL, Incorporated.
* * * * * * *
SEC. 309. RADIO FREE ASIA.
(a) * * *
* * * * * * *
(c) Submission of Detailed Plan for Radio Free Asia.--
(1) No grant may be awarded to carry out this section
unless the Board, through the Director of the United
States Information Agency, has submitted to Congress a
detailed plan for the establishment and operation of
Radio Free Asia, including--
(A) a description of the manner in which
Radio Free Asia would meet [the funding
limitations provided in subsection (d)(4);]
any funding limitations under subsection (d);
and
* * * * * * *
(3) No grant may be awarded to carry out the
provisions of this section unless the plan submitted by
the Board includes a certification by the Board that
Radio Free Asia can be established and operated within
[the funding limitations provided for in subsection
(d)(4) and subsection (d)(5).] any funding limitations
under subsection (d).
* * * * * * *
(d) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) * * *
(2) Any grant agreement under this section shall
require that any contract entered into by Radio Free
Asia shall specify that all obligations are assumed by
Radio Free Asia and not by the United States
[Government, and shall further specify that funds to
carry out the activities of Radio Free Asia may not be
available after September 30, 1999.] Government.
* * * * * * *
[(4) Grants made for the operating costs of Radio
Free Asia may not exceed $22,000,000 in any fiscal
year.
[(5) The total amount of grant funds made available
for one-time capital costs of Radio Free Asia may not
exceed $8,000,000.]
[(6)] (4) Grants awarded under this section shall be
made pursuant to a grant agreement which requires that
grant funds be used only for activities consistent with
this section, and that failure to comply with such
requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
* * * * * * *
[(g) Sunset Provision.--The Board may not make any grant for
the purpose of operating Radio Free Asia after September 30,
1998, unless the President of the United States determines in
the President's fiscal year 1999 budget submission that
continuation of funding for Radio Free Asia for 1 additional
year is in the interest of the United States.]
* * * * * * *
[SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIBERTY.
[(a) Declaration of Policy.--It is the sense of the Congress
that, in furtherance of the objectives of section 302 of this
Act, the funding of Radio Free Europe and Radio Liberty should
be assumed by the private sector not later than December 31,
1999, and that the funding of Radio Free Europe and Radio
Liberty Research Institute should be assumed by the private
sector at the earliest possible time.
[(b) Presidential Submission.--The President shall submit
with his annual budget submission as provided for in section
307 an analysis and recommendations for achieving the
objectives of subsection (a).
[(c) Reports on Transfer of RFE/RL Research Institute.--Not
later than 120 days after the date of enactment of this Act,
the Board for International Broadcasting, or the Board, if
established, shall submit to the appropriate congressional
committees a report on the steps being taken to transfer RFE/RL
Research Institute pursuant to subsection (a) and shall provide
periodic progress reports on such efforts until such transfer
has been achieved.]
* * * * * * *
----------
CHAPTER 59 OF TITLE 5, UNITED STATES CODE
CHAPTER 59--ALLOWANCES
* * * * * * *
SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
* * * * * * *
Sec. 5922. General provisions
(a) * * *
* * * * * * *
(f)(1) If an employee dies at post in a foreign area, a
transfer allowance under section 5924(2)(B) may be granted to
the spouse or dependents of such employee (or both) for the
purpose of providing for their return to the United States.
(2) A transfer allowance under this subsection may not be
granted with respect to the spouse or a dependent of the
employee unless, at the time of death, such spouse or dependent
was residing--
(A) at the employee's post of assignment; or
(B) at a place, outside the United States, for which
a separate maintenance allowance was being furnished
under section 5924(3).
(3) The President may prescribe any regulations necessary to
carry out this subsection.
* * * * * * *
Sec. 5924. Cost-of-living allowances
The following cost-of-living allowances may be granted, when
applicable, to an employee in a foreign area:
(1) * * *
* * * * * * *
(4) An education allowance or payment of travel costs
to assist an employee with the extraordinary and
necessary expenses, not otherwise compensated for,
incurred because of his service in a foreign area or
foreign areas in providing adequate education for his
dependents (or, to the extent education away from post
is involved, official assignment to service in such
area or areas), as follows:
(A) An allowance not to exceed the cost of
obtaining such kindergarten, elementary and
secondary educational services as are
ordinarily provided without charge by the
public schools in the United States (including
such educational services as are provided by
the States under the Individuals with
Disabilities Education Act), plus, in those
cases when adequate schools are not available
at the post of the employee, board and room,
and periodic transportation [between that post
and the nearest locality where adequate schools
are available,] between that post and the
school chosen by the employee, not to exceed
the total cost to the Government of the
dependent attending an adequate school in the
nearest locality where an adequate school is
available, without regard to section 3324 (a)
and (b) of title 31. When travel from school to
post is infeasible, travel may be allowed
between the school attended and the home of a
designated relative or family friend or to join
a parent at any location, with the allowable
travel expense not to exceed the cost of travel
between the school and the post. The amount of
the allowance granted shall be determined on
the basis of the educational facility used.
* * * * * * *
(C) In those cases in which an adequate
school is available at the post of the
employee, if the employee chooses to educate
the dependent at a school away from post, the
education allowance which includes board and
room, and periodic travel between the post and
the school chosen, shall not exceed the total
cost to the Government of the dependent
attending an adequate school at the post of the
employee.
* * * * * * *
[Sec. 5927. Advances of pay
[Up to three months' pay may be paid in advance to an
employee upon the assignment of the employee to a post in a
foreign area.]
Sec. 5927. Advances of pay
(a) Up to three months' pay may be paid in advance--
(1) to an employee upon the assignment of the
employee to a post in a foreign area;
(2) to an employee, other than an employee appointed
under section 303 of the Foreign Service Act of 1980
(and employed under section 311 of such Act), who--
(A) is a citizen of the United States;
(B) is officially stationed or located
outside the United States pursuant to
Government authorization; and
(C) requires (or has a family member who
requires) medical treatment outside the United
States, in circumstances specified by the
President in regulations; and
(3) to a foreign national employee appointed under
section 303 of the Foreign Service Act of 1980, or a
nonfamily member United States citizen appointed under
such section 303 (and employed under section 311 of
such Act) for service at such nonfamily member's post
of residence, who--
(A) is located outside the country of
employment of such foreign national employee or
nonfamily member (as the case may be) pursuant
to Government authorization; and
(B) requires medical treatment outside the
country of employment of such foreign national
employee or nonfamily member (as the case may
be), in circumstances specified by the
President in regulations.
(b) For the purpose of this section, the term ``country of
employment'', as used with respect to an individual under
subsection (a)(3), means the country (or other area) outside
the United States where such individual is appointed (as
described in subsection (a)(3)) by the Government.
* * * * * * *
----------
HUMAN RIGHTS, REFUGEE, AND OTHER FOREIGN RELATIONS PROVISIONS ACT OF
1996
TITLE I--FOREIGN RELATIONS PROVISIONS
* * * * * * *
SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
In carrying out programs of educational and cultural exchange
in countries whose people do not fully enjoy freedom and
democracy (including but not limited to China, Vietnam,
Cambodia, Tibet, and Burma), the [Director of the United States
Information Agency shall take appropriate steps to provide
opportunities for participation in such programs to human
rights and democracy leaders of such countries.] Secretary of
State, with the assistance of the Under Secretary for Public
Diplomacy, shall--
(1) include, as a substantial proportion of the
participants in such programs, nationals of such
countries who have demonstrated a commitment to freedom
and democracy;
(2) consult with human rights and democracy advocates
from such countries on the selection of participants
and grantees for such programs; and
(3) select grantees for such programs only after a
competitive process in which proposals are solicited
from multiple applicants and in which important factors
in the selection of a grantee include the relative
likelihood that each of the competing applicants would
be willing and able:
(A) to identify and recruit as participants
in the program persons described in paragraph
(1); and
(B) in selecting participants who are
associated with governments or other
institutions wielding power in countries
described in this section, to identify and
recruit those most likely to be open to freedom
and democracy and to avoid selecting those who
are so firmly committed to the suppression of
freedom and democracy that their inclusion
could create an appearance that the United
States condones such suppression.
SEC. 103. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information Agency
shall establish programs of educational and cultural exchange
between the United States and the people of Tibet. Exchange
programs under this subsection shall be known as the ``Ngawang
Choephel Exchange Programs''. Such programs shall include
opportunities for training and, as the Director considers
appropriate, may include the assignment of personnel and
resources abroad.
(b) Scholarships for Tibetans and Burmese.--
(1) Subject to the availability of appropriations,
[for the fiscal year 1999] for the fiscal year 2000 at
least 30 scholarships shall be made available to
Tibetan students and professionals who are outside
Tibet (if practicable, including individuals active in
the preservation of Tibet's unique culture, religion,
and language), and at least 15 scholarships shall be
made available to Burmese students and professionals
who are outside Burma.
* * * * * * *
----------
THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
* * * * * * *
TITLE VII--APPROPRIATIONS
* * * * * * *
Sec. 705. (a) The Department of State may award grants for
overseas public diplomacy programs only if the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate are notified
fifteen days in advance of the proposed grant.
(b) For fiscal year 2000 and each subsequent fiscal year, the
Secretary of State may not award any grant to carry out the
purposes of this Act until 45 days after written notice has
been provided to the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate of the intent to award such grant. In
determining whether to award a grant the Secretary shall
consider any objections or modifications raised in the course
of consultations with such committees.
* * * * * * *
TITLE X--MISCELLANEOUS
* * * * * * *
national security measures
Sec. 1012. In coordination with other appropriate executive
branch officals, the Secretary of State shall take all
appropriate steps to prevent foreign espionage agents from
participating in educational and cultural exchange programs
under this Act.
proliferation of weapons of mass destruction
Sec. 1013. The Secretary of State shall take all appropriate
steps to ensure that no individual, who is employed by or
attached to an office or department involved with the research,
development, or production of missiles or weapons of mass
destruction, from a country identified by the Central
Intelligence Agency, the Department of Defense, the National
Security Agency, or the Department of Energy, as a country
involved in the proliferation of missiles or weapons of mass
destruction is a participant in any program of educational or
cultural exchange under this Act. Appropriate steps under this
section shall include prior consultation with the Federal
agencies designated in the first sentence with respect to all
prospective participants in such programs with respect to whom
there is a reasonable basis to believe that such prospective
participant may be employed by or attached to an office or
department identified under the first sentence.
* * * * * * *
----------
SECTION 208 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
1992 AND 1993
SEC. 208. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH.
[(a) Short Title.--This section may be cited as the ``North/
South Center Act of 1991''.]
(a) Short Title.--This section may be cited as the ``Dante B.
Fascell North-South Center Act of 1991''.
* * * * * * *
(c) [North/South Center.--] Dante B. Fascell North-South
Center.--In order to carry out the purpose of this section, the
Director of the United States Information Agency shall provide
for the operation in Florida of an educational institution
[known as the North/South Center,] which shall be known and
designated as the Dante B. Fascell North-South Center, through
arrangements with public, educational, or other nonprofit
institutions.
(d) Authorities.--The Director of the United States
Information Agency, in carrying out this section, may utilize
the authorities of the Mutual Educational and Cultural Exchange
Act of 1961. Section 704(b) of the Mutual Security Act of 1960
(22 U.S.C. 2056(b)) shall apply in the administration of this
section. In order to carry out the purposes of this section,
the [North/South Center] Dante B. Fascell North-South Center is
authorized to use funds made available under this section to
acquire property and facilities, by construction, lease, or
purchase.
* * * * * * *
----------
SECTION 109 OF THE DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS
1984 AND 1985
interparliamentary groups
Sec. 109 (a) * * *
* * * * * * *
(c) There are authorized to be appropriated by for each
fiscal year $50,000 for expenses of United States participation
in the [United States-European Community Interparlimentary
Group] Transatlantic Legislative Dialogue (United States-
European Union Interparliamentary Group).
----------
SECTION 2 OF THE AMERICAN-MEXICAN CHAMIZAL CONVENTION ACT OF 1964
Sec. 2. (a) * * *
(b) The United States Commissioner is authorized to receive
payments of money from public or private sources in the United
States or Mexico made for the purpose of sharing in the cost of
operations, maintenance, replacement of the Bridge of the
Americas which crosses the Rio Grande between El Paso, Texas,
and Cd. Juarez, Chihuahua. Notwithstanding any other provision
of law, such payments of money shall be credited to any
appropriation to the Commission which is currently available.
Funds received under this subsection shall be available only
for the replacement of such bridge.
* * * * * * *
ADDITIONAL VIEWS OF HON. SAM GEJDENSON
I commend the Chairman and Ranking Member of the
Subcommittee on International Relations and Human Rights for
the hard work they put into drafting H.R. 1211, getting it
through subcommittee, bringing it to full committee
consideration, and for their willingness to improve the bill
during full committee markup. It is my view, however, that the
bill still has some distance to go before it can be signed into
law. There remain a number of provisions in the bill about
which I continue to have serious concerns. We will need to
address these problems if we want a bill that the President can
sign into law.
These concerns fall in four areas, outlined below.
Reorganization
I did not support the effort to reorganize our foreign
affairs agencies. Congress mandated that reorganization
nonetheless. Having done so, this bill now moves in the
opposite direction of the reorganization to which we agreed. It
mandates the creation of a bureau which the Administration
opposes, an International Information Bureau, and earmarks
funding for it. It also earmarks funding, at twice current
levels, and legislatively mandates, the current Bureau of
Democracy, Human Rights, and Labor. And it dictates that
establishment of new fellowship programs which duplicate
existing programs.
Micromanagement
Section 403 of this bill extends to 45 days the current 15
day notification period to Congress on all grants made by USIA.
While I certainly support notification periods to Congress, a
45 day ``hold'' period is micromanagement at its worst. It
would lengthen an already lengthy grant approval process,
hamper our ability to respond quickly to fast-changing events,
and take hostage every grant, no matter how non-controversial
or small. No other foreign affairs agency is subject to a
sweeping 45 day hold period, and no rationale has been provided
as to why this one is needed.
Likewise, section 402 of this bill imposes sweeping new
requirements on our exchange programs overseas. It requires
that a ``substantial proportion'' of exchange participants be
nationals of freedom-loving countries, and that grantees who
choose such participants must themselves favor applicants who
love freedom and democracy. Well-intentioned as this provision
may be, it raises serious questions. Do we only want exchange
participants from the Frances and Australias of the world? Do
we only want to bring to the United States those who agree with
our views? And, do we run the risk of officially stamping as
``enemies of the state'' the human rights activists for whom
this provision is presumably intended?
Policy
Section 274 limits the number of U.S. personnel serving at
diplomatic and consular posts in the Socialist Republic of
Vietnam to current levels, unless the President certifies that
twelve detailed and unachievable conditions are met. Again, the
intentions are no doubt well-meaning. The practical impact of
this provision is that we could not deploy, as planned,
additional consular officers to Vietnam this summer to expedite
processing of visas. Our former colleague and now Ambassador to
Vietnam, Hon. ``Pete'' Peterson, whose credentials on
Vietnamese issues are unmatched, opposes this provision
strongly.
Earmarks
We all earmark. Earmarking is a fact of life. But this bill
adds even more earmarks than usual. In addition to the earmarks
noted above, there are earmarks in the voluntary contributions
to international organizations account that are particularly
harmful. This account continues to be reduced; every earmark
above the Administration's request level takes money away from
other equally deserving programs. Increased funds for the World
Food Program means that the U.N. Environment Program, or some
other worthy program, takes the cut. Particularly troubling is
the $5 million earmark for the International Program on the
Elimination of Child Labor--for which funding is requested from
the Labor Department, not the State Department.
Conclusion
I want to be clear. I have long supported human rights,
democracy programs, the rights of refugees, the fight against
child labor, and other worthwhile goals. Putting a label on a
provision, however, does not automatically make that provision
effective, productive, or worthwhile. We must examine the
consequences of our actions, not just the names attached to
them.
I hope that this is a bill that I can support at the end of
the day. I'm not sure I can say that now. The concerns I have
outlined are shared by the Administration, and are substantive.
I want this process to move forward so that we can continue to
work on improving the bill on the floor.
Sam Gejdenson.