H.R.1757
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and
ninety-eight
An Act
To consolidate international affairs agencies, to authorize appropriations
for the Department of State and related agencies for fiscal years 1998 and
1999, and to ensure that the enlargement of the North Atlantic Treaty
Organization (NATO) proceeds in a manner consistent with United States
interests, to strengthen relations between the United States and Russia, to
preserve the prerogatives of the Congress with respect to certain arms
control agreements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Foreign Affairs Reform and Restructuring
Act of 1998'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into three divisions as follows:
(1) Division A--Foreign Affairs Agencies Consolidation Act of
1998.
(2) Division B--Foreign Relations Authorization Act, Fiscal Years
1998 and 1999.
(3) Division C--United Nations Reform Act of 1998.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec.1.Short title.
Sec.2.Organization of Act into divisions; table of contents.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec.101.Short title.
Sec.102.Purposes.
Sec.103.Definitions.
Sec.104.Report on budgetary cost savings resulting from
reorganization.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec.201.Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec.211.Abolition of United States Arms Control and Disarmament
Agency.
Sec.212.Transfer of functions to Secretary of State.
Sec.213.Under Secretary for Arms Control and International
Security.
Chapter 3--Conforming Amendments
Sec.221.References.
Sec.222.Repeals.
Sec.223.Amendments to the Arms Control and Disarmament Act.
Sec.224.Compensation of officers.
Sec.225.Additional conforming amendments.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec.301.Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec.311.Abolition of United States Information Agency.
Sec.312.Transfer of functions.
Sec.313.Under Secretary of State for Public Diplomacy.
Sec.314.Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
Chapter 3--International Broadcasting
Sec.321.Congressional findings and declaration of purpose.
Sec.322.Continued existence of Broadcasting Board of Governors.
Sec.323.Conforming amendments to the United States International
Broadcasting Act of 1994.
Sec.324.Amendments to the Radio Broadcasting to Cuba Act.
Sec.325.Amendments to the Television Broadcasting to Cuba Act.
Sec.326.Transfer of broadcasting related funds, property, and
personnel.
Sec.327.Savings provisions.
Sec.328.Report on the privatization of RFE/RL, Incorporated.
Chapter 4--Conforming Amendments
Sec.331.References.
Sec.332.Amendments to title 5, United States Code.
Sec.333.Application of certain laws.
Sec.334.Abolition of United States Advisory Commission on Public
Diplomacy.
Sec.335.Conforming amendments.
Sec.336.Repeals.
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Chapter 1--General Provisions
Sec.401.Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec.411.Abolition of United States International Development
Cooperation Agency.
Sec.412.Transfer of functions and authorities.
Sec.413.Status of AID.
Chapter 3--Conforming Amendments
Sec.421.References.
Sec.422.Conforming amendments.
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec.501.Effective date.
Chapter 2--Reorganization and Transfer of Functions
Sec.511.Reorganization of Agency for International Development.
Chapter 3--Authorities of the Secretary of State
Sec.521.Definition of United States assistance.
Sec.522.Administrator of AID reporting to the Secretary of State.
Sec.523.Assistance programs coordination and oversight.
TITLE VI--TRANSITION
Chapter 1--Reorganization Plan
Sec.601.Reorganization plan and report.
Chapter 2--Reorganization Authority
Sec.611.Reorganization authority.
Sec.612.Transfer and allocation of appropriations.
Sec.613.Transfer, appointment, and assignment of personnel.
Sec.614.Incidental transfers.
Sec.615.Savings provisions.
Sec.616.Authority of Secretary of State to facilitate transition.
Sec.617.Final report.
DIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE X--GENERAL PROVISIONS
Sec.1001.Short title.
Sec.1002.Definition of appropriate congressional committees.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
Sec.1101.Administration of foreign affairs.
Sec.1102.International commissions.
Sec.1103.Grants to The Asia Foundation.
Sec.1104.Voluntary contributions to international organizations.
Sec.1105.Voluntary contributions to peacekeeping operations.
Sec.1106.Limitation on United States voluntary contributions to
United Nations Development Program.
Sec.1107.United Nations Population Fund.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec.1201.Reimbursement of Department of State for assistance to
overseas educational facilities.
Sec.1202.Revision of Department of State rewards program.
Sec.1203.Retention of additional defense trade controls
registration fees.
Sec.1204.Fees for commercial services.
Sec.1205.Pilot program for foreign affairs reimbursement.
Sec.1206.Fee for use of diplomatic reception rooms.
Sec.1207.Budget presentation documents.
Sec.1208.Office of the Inspector General.
Sec.1209.Capital Investment Fund.
Sec.1210.Contracting for local guards services overseas.
Sec.1211.Authority of the Foreign Claims Settlement Commission.
Sec.1212.Expenses relating to certain international claims and
proceedings.
Sec.1213.Grants to remedy international abductions of children.
Sec.1214.Counterdrug and anticrime activities of the Department
of State.
Sec.1215.Annual report on overseas surplus properties.
Sec.1216.Human rights reports.
Sec.1217.Reports and policy concerning diplomatic immunity.
Sec.1218.Reaffirming United States international
telecommunications policy.
Sec.1219.Reduction of reporting.
Chapter 2--Consular Authorities of the Department of State
Sec.1221.Use of certain passport processing fees for enhanced
passport services.
Sec.1222.Surcharge for processing certain machine readable visas.
Sec.1223.Consular officers.
Sec.1224.Repeal of outdated consular receipt requirements.
Sec.1225.Elimination of duplicate Federal Register publication
for travel advisories.
Sec.1226.Denial of visas to confiscators of American property.
Sec.1227.Inadmissibility of any alien supporting an international
child abductor.
Sec.1228.Haiti; exclusion of certain aliens; reporting
requirements.
Chapter 3--Refugees and Migration
SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS
Sec.1231.Migration and refugee assistance.
SUBCHAPTER B--AUTHORITIES
Sec.1241.United States policy regarding the involuntary return of
refugees.
Sec.1242.United States policy with respect to the involuntary
return of persons in danger of subjection to torture.
Sec.1243.Reprogramming of migration and refugee assistance funds.
Sec.1244.Eligibility for refugee status.
Sec.1245.Reports to Congress concerning Cuban emigration
policies.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE
PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec.1301.Coordinator for Counterterrorism.
Sec.1302.Elimination of Deputy Assistant Secretary of State for
Burdensharing.
Sec.1303.Personnel management.
Sec.1304.Diplomatic security.
Sec.1305.Number of senior official positions authorized for the
Department of State.
Sec.1306.Nomination of Under Secretaries and Assistant
Secretaries of State.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec.1311.Foreign Service reform.
Sec.1312.Retirement benefits for involuntary separation.
Sec.1313.Authority of Secretary to separate convicted felons from
the Foreign Service.
Sec.1314.Career counseling.
Sec.1315.Limitations on management assignments.
Sec.1316.Availability pay for certain criminal investigators
within the Diplomatic Security Service.
Sec.1317.Nonovertime differential pay.
Sec.1318.Report concerning minorities and the Foreign Service.
TITLE XIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Chapter 1--Authorization of Appropriations
Sec.1401.International information activities and educational and
cultural exchange programs.
Chapter 2--Authorities and Activities
Sec.1411.Retention of interest.
Sec.1412.Use of selected program fees.
Sec.1413.Muskie Fellowship Program.
Sec.1414.Working Group on United States Government-Sponsored
International Exchanges and Training.
Sec.1415.Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec.1416.United States-Japan Commission.
Sec.1417.Surrogate broadcasting study.
Sec.1418.Radio broadcasting to Iran in the Farsi language.
Sec.1419.Authority to administer summer travel and work programs.
Sec.1420.Permanent administrative authorities regarding
appropriations.
Sec.1421.Voice of America broadcasts.
TITLE XV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
Sec.1501.International conferences and contingencies.
Sec.1502.Restriction relating to United States accession to any
new international criminal tribunal.
Sec.1503.United States membership in the Bureau of the
Interparliamentary Union.
Sec.1504.Service in international organizations.
Sec.1505.Reports regarding foreign travel.
TITLE XVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec.1601.Authorization of appropriations.
Sec.1602.Statutory construction.
TITLE XVII--EUROPEAN SECURITY ACT OF 1998
Sec.1701.Short title.
Sec.1702.Statement of policy.
Sec.1703.Authorities relating to NATO enlargement.
Sec.1704.Sense of the Congress with respect to the Treaty on
Conventional Armed Forces in Europe.
Sec.1705.Restrictions and requirements relating to ballistic
missile defense.
TITLE XVIII--OTHER FOREIGN POLICY PROVISIONS
Sec.1801.Reports on claims by United States firms against the
Government of Saudi Arabia.
Sec.1802.Reports on determinations under title IV of the Libertad
Act.
Sec.1803.Report on compliance with the Hague Convention on
International Child Abduction.
Sec.1804.Sense of the Congress relating to recognition of the
Ecumenical Patriarchate by the Government of Turkey.
Sec.1805.Report on relations with Vietnam.
Sec.1806.Reports and policy concerning human rights violations in
Laos.
Sec.1807.Report on an alliance against narcotics trafficking in
the Western Hemisphere.
Sec.1808.Congressional statement regarding the accession of
Taiwan to the World Trade Organization.
Sec.1809.Programs or projects of the International Atomic Energy
Agency in Cuba.
Sec.1810.Limitation on assistance to countries aiding Cuba
nuclear development.
Sec.1811.International Fund for Ireland.
Sec.1812.United States policy with respect to Jerusalem as the
capital of Israel.
Sec.1813.Support for democratic opposition in Iraq.
Sec.1814.Development of democracy in the Republic of Serbia.
Sec.1815.Funds made available under chapter 4 of part II of the
Foreign Assistance Act of 1961.
Sec.1816.Foreign organizations that perform or promote abortion;
forced abortion in the People's Republic of China.
DIVISION C--UNITED NATIONS REFORM
TITLE XX--GENERAL PROVISIONS
Sec.2001.Short title.
Sec.2002.Definitions.
Sec.2003.Nondelegation of certification requirements.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
Sec.2101.Contributions to international organizations.
Sec.2102.Contributions for international peacekeeping activities.
TITLE XXII--UNITED NATIONS ACTIVITIES
Sec.2201.United Nations policy on Israel and the Palestinians.
Sec.2202.Data on costs incurred in support of United Nations
peacekeeping operations.
Sec.2203.Reimbursement for goods and services provided by the
United States to the United Nations.
Sec.2204.United States policy regarding United Nations
peacekeeping operations.
Sec.2205.Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec.2206.Continued extension of privileges, exemptions, and
immunities of the International Organizations Immunities Act to
UNIDO.
Sec.2207.Sense of the Congress regarding compliance with child
and spousal support obligations by United Nations personnel.
TITLE XXIII--ARREARS PAYMENTS AND REFORM
Chapter 1--Arrearages to the United Nations
SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
OF FUNDS
Sec.2301.Authorization of appropriations.
Sec.2302.Obligation and expenditure of funds.
Sec.2303.Forgiveness of amounts owed by the United Nations to the
United States.
SUBCHAPTER B--UNITED STATES SOVEREIGNTY
Sec.2311.Certification requirements.
SUBCHAPTER C--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
OPERATIONS
Sec.2321.Certification requirements.
SUBCHAPTER D--BUDGET AND PERSONNEL REFORM
Sec.2331.Certification requirements.
Chapter 2--Miscellaneous Provisions
Sec.2341.Statutory construction on relation to existing laws.
Sec.2342.Prohibition on payments relating to UNIDO and other
organizations from which the United States has withdrawn or
rescinded funding.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the `Foreign Affairs Agencies
Consolidation Act of 1998'.
SEC. 102. PURPOSES.
The purposes of this division are--
(1) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign
policy;
(2) to consolidate and reinvigorate the foreign affairs functions
of the United States within the Department of State by--
(A) abolishing the United States Arms Control and
Disarmament Agency, the United States Information Agency,
and the United States International Development Cooperation
Agency, and transferring the functions of these agencies to
the Department of State while preserving the special
missions and skills of these agencies;
(B) transferring certain functions of the Agency for
International Development to the Department of State; and
(C) providing for the reorganization of the Department of
State to maximize the efficient use of resources, which may
lead to budget savings, eliminated redundancy in functions,
and improvement in the management of the Department of
State;
(3) to ensure that programs critical to the promotion of United
States national interests be maintained;
(4) to assist congressional efforts to balance the Federal budget
and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent
United States citizens serving in the United States Government.
SEC. 103. DEFINITIONS.
In this division:
(1) ACDA- The term `ACDA' means the United States Arms Control
and Disarmament Agency.
(2) AID- The term `AID' means the United States Agency for
International Development.
(3) AGENCY; FEDERAL AGENCY- The term `agency' or `Federal agency'
means an Executive agency as defined in section 105 of title 5,
United States Code.
(4) 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.
(5) COVERED AGENCY- The term `covered agency' means any of the
following agencies: ACDA, USIA, IDCA, and AID.
(6) DEPARTMENT- The term `Department' means the Department of
State.
(7) FUNCTION- The term `function' means any duty, obligation,
power, authority, responsibility, right, privilege, activity, or
program.
(8) IDCA- The term `IDCA' means the United States International
Development Cooperation Agency.
(9) OFFICE- The term `office' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(10) SECRETARY- The term `Secretary' means the Secretary of
State.
(11) USIA- The term `USIA' means the United States Information
Agency.
SEC. 104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM REORGANIZATION.
The Secretary of State shall submit a report, together with the
congressional presentation document for the budget of the Department
of State for each of the fiscal years 1999, 2000, and 2001, to the
appropriate congressional committees describing the total anticipated
and achieved cost savings in budget outlays and budget authority
related to the reorganization implemented under this division,
including cost savings by each of the following categories:
(1) Reductions in personnel.
(2) Administrative consolidation, including procurement.
(3) Program consolidation.
(4) Consolidation of real properties and leases.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1998; or
(2) the date of abolition of the United States Arms Control and
Disarmament Agency pursuant to the reorganization plan described
in section 601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.
The United States Arms Control and Disarmament Agency is abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of the
Director of the United States Arms Control and Disarmament Agency, and
all functions of the United States Arms Control and Disarmament Agency
and any office or component of such agency, under any statute,
reorganization plan, Executive order, or other provision of law, as of
the day before the effective date of this title.
SEC. 213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.
Section 1(b) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651(b)) is amended--
(1) by striking `There' and inserting the following:
`(1) IN GENERAL- There'; and
(2) by adding at the end the following:
`(2) UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY-
There shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under Secretary for
Arms Control and International Security, who shall assist the
Secretary and the Deputy Secretary in matters related to
international security policy, arms control, and
nonproliferation. Subject to the direction of the President, the
Under Secretary may attend and participate in meetings of the
National Security Council in his role as Senior Advisor to the
President and the Secretary of State on Arms Control and
Nonproliferation Matters.'.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Except as otherwise provided in section 223 or 225, any reference in
any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding
to--
(1) the Director of the United States Arms Control and
Disarmament Agency, the Director of the Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency or the Arms
Control and Disarmament Agency shall be deemed to refer to the
Secretary of State; or
(2) the United States Arms Control and Disarmament Agency or the
Arms Control and Disarmament Agency shall be deemed to refer to
the Department of State.
SEC. 222. REPEALS.
The following sections of the Arms Control and Disarmament Act (22
U.S.C. 2551 et seq.) are repealed: Sections 21 through 26 (22 U.S.C.
2561-2566), section 35 (22 U.S.C. 2575), section 42 (22 U.S.C. 2582),
section 43 (22 U.S.C. 2583), sections 45 through 50 (22 U.S.C.
2585-2593), section 53 (22 U.S.C. 2593c), section 54 (22 U.S.C.
2593d), and section 63 (22 U.S.C. 2595b).
SEC. 223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.
The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is
amended--
(1) in section 2 (22 U.S.C. 2551)--
(A) in the first undesignated paragraph, by striking
`creating a new agency of peace to deal with' and inserting
`addressing';
(B) by striking the second undesignated paragraph; and
(C) in the third undesignated paragraph--
(i) by striking `This organization' and inserting `The
Secretary of State';
(ii) by striking `It shall have' and inserting `The
Secretary shall have';
(iii) by striking `and the Secretary of State';
(iv) by inserting `, nonproliferation,' after `arms
control' in paragraph (1);
(v) by striking paragraph (2);
(vi) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(vii) by striking `, as appropriate,' in paragraph (3)
(as redesignated);
(2) in section 3 (22 U.S.C. 2552), by striking sub-section (c);
(3) in the heading for title II, by striking `ORGANIZATION' and
inserting `SPECIAL REPRESENTATIVES AND VISITING SCHOLARS';
(4) in section 27 (22 U.S.C. 2567)--
(A) by striking the third sentence;
(B) in the fourth sentence, by striking `, acting through
the Director'; and
(C) in the fifth sentence, by striking `Agency' and
inserting `Department of State';
(5) in section 28 (22 U.S.C. 2568)--
(A) by striking `Director' each place it appears and
inserting `Secretary of State';
(B) in the second sentence--
(i) by striking `Agency' each place it appears and
inserting `Department of State'; and
(ii) by striking `Agency's' and inserting `Department
of State's'; and
(C) by striking the fourth sentence;
(6) in section 31 (22 U.S.C. 2571)--
(A) by inserting `this title in' after `powers in';
(B) by striking `Director' each place it appears and
inserting `Secretary of State';
(C) by striking `insure' each place it appears and inserting
`ensure';
(D) in the second sentence, by striking `in accordance with
procedures established under section 35 of this Act';
(E) in the fourth sentence by striking `The authority' and
all that follows through `disarmament:' and inserting the
following: `The authority of the Secretary under this Act
with respect to research, development, and other studies
concerning arms control, nonproliferation, and disarmament
shall be limited to participation in the following:'; and
(F) in subsection (l), by inserting `and' at the end;
(7) in section 32 (22 U.S.C. 2572)--
(A) by striking `Director' and inserting `Secretary of
State'; and
(B) by striking `subsection' and inserting `section';
(8) in section 33(a) (22 U.S.C. 2573(a))--
(A) by striking `the Secretary of State,'; and
(B) by striking `Director' and inserting `Secretary of
State';
(9) in section 34 (22 U.S.C. 2574)--
(A) in subsection (a)--
(i) in the first sentence, by striking `Director' and
inserting `Secretary of State';
(ii) in the first sentence, by striking `and the
Secretary of State';
(iii) in the first sentence, by inserting `,
nonproliferation,' after `in the fields of arms
control';
(iv) in the first sentence, by striking `and shall have
primary responsibility, whenever directed by the
President, for the preparation, conduct, and management
of the United States participation in international
negotiations and implementation fora in the field of
nonproliferation';
(v) in the second sentence, by striking `section 27'
and inserting `section 201'; and
(vi) in the second sentence, by striking `the' after
`serve as';
(B) by striking subsection (b);
(C) by redesignating subsection (c) as subsection (b); and
(D) in subsection (b) (as redesignated)--
(i) in the text above paragraph (1), by striking
`Director' and inserting `Secretary of State';
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(10) in section 36 (22 U.S.C. 2576)--
(A) by striking `Director' each place it appears and
inserting `Secretary of State'; and
(B) by striking `, in accordance with the procedures
established pursuant to section 35 of this Act,';
(11) in section 37 (22 U.S.C. 2577)--
(A) by striking `Director' and `Agency' each place it
appears and inserting `Secretary of State' or `Department of
State', respectively; and
(B) by striking subsection (d);
(12) in section 38 (22 U.S.C. 2578)--
(A) by striking `Director' each place it appears and
inserting `Secretary of State'; and
(B) by striking subsection (c);
(13) in section 41 (22 U.S.C. 2581)--
(A) by striking `In the performance of his functions, the
Director' and inserting `In addition to any authorities
otherwise available, the Secretary of State in the
performance of functions under this Act';
(B) by striking `Agency', `Agency's', `Director', and
`Director's' each place they appear and inserting
`Department of State', `Department of State's', `Secretary
of State', or `Secretary of State's', as appropriate;
(C) in subsection (a), by striking the sentence that begins
`It is the intent';
(D) in subsection (b)--
(i) by striking `appoint officers and employees,
including attorneys, for the Agency in accordance with
the provisions of title 5, United States Code,
governing appointment in the competitive service, and
fix their compensation in accordance with chapter 51
and with subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates, except that the Director may, to the extent the
Director determines necessary to the discharge of his
responsibilities,';
(ii) in paragraph (1), by striking `exception' and
inserting `subsection'; and
(iii) in paragraph (2)--
(I) by striking `exception' and inserting
`subsection'; and
(II) by striking `ceiling' and inserting
`positions allocated to carry out the purpose of
this Act';
(E) by striking subsection (g);
(F) by redesignating subsections (h), (i), and (j) as
subsections (g), (h), and (i), respectively;
(G) by amending subsection (f) to read as follows:
`(f) establish a scientific and policy advisory board to advise
with and make recommendations to the Secretary of State on United
States arms control, nonproliferation, and disarmament policy and
activities. A majority of the board shall be composed of
individuals who have a demonstrated knowledge and technical
expertise with respect to arms control, nonproliferation, and
disarmament matters and who have distinguished themselves in any
of the fields of physics, chemistry, mathematics, biology, or
engineering, including weapons engineering. The members of the
board may receive the compensation and reimbursement for expenses
specified for consultants by subsection (d) of this section;';
and
(H) in subsection (h) (as redesignated), by striking `Deputy
Director' and inserting `Under Secretary for Arms Control
and International Security';
(14) in section 44 (22 U.S.C. 2584)--
(A) by striking `CONFLICT-OF-INTEREST AND';
(B) by striking `The members' and all that follows through
`(5 U.S.C. 2263), or any other' and inserting `Members of
advisory boards and consultants may serve as such without
regard to any'; and
(C) by inserting at the end the following new sentence:
`This section shall apply only to individuals carrying out
activities related to arms control, nonproliferation, and
disarmament.';
(15) in section 51 (22 U.S.C. 2593a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (3), by inserting `,
nonproliferation,' after `arms control' each place it
appears;
(ii) by striking `Director, in consultation with the
Secretary of State,' and inserting `Secretary of State
with the concurrence of the Director of Central
Intelligence and in consultation with';
(iii) by striking `the Chairman of the Joint Chiefs of
Staff, and the Director of Central Intelligence' and
inserting `and the Chairman of the Joint Chiefs of
Staff';
(iv) by striking paragraphs (2) and (4); and
(v) by redesignating paragraphs (3), (5), (6), and (7)
as paragraphs (2) through (5), respectively; and
(B) by adding at the end of subsection (b) the following:
`The portions of this report described in paragraphs (4) and
(5) of subsection (a) shall summarize in detail, at least in
classified annexes, the information, analysis, and
conclusions relevant to possible noncompliance by other
nations that are provided by United States intelligence
agencies.';
(16) in section 52 (22 U.S.C. 2593b), by striking `Director' and
inserting `Secretary of State';
(17) in section 61 (22 U.S.C. 2593a)--
(A) in paragraph (1), by striking `United States Arms
Control and Disarmament Agency' and inserting `Department of
State';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively;
(D) in paragraph (4) (as redesignated), by striking
`paragraph (4)' and inserting `paragraph (3)'; and
(E) in paragraph (6) (as redesignated), by striking `United
States Arms Control and Disarmament Agency and the';
(18) in section 62 (22 U.S.C. 2595a)--
(A) in subsection (c)--
(i) in the subsection heading, by striking `DIRECTOR'
and inserting `SECRETARY OF STATE'; and
(ii) by striking `2(d), 22, and 34(c)' and inserting
`102(3) and 304(b)'; and
(B) by striking `Director' and inserting `Secretary of
State';
(19) in section 64 (22 U.S.C. 2595b-1)--
(A) by striking the section title and inserting `sec. 503.
review of certain reprogramming notifications.';
(B) by striking subsection (a); and
(C) in subsection (b)--
(i) by striking `(b) REVIEW OF CERTAIN REPROGRAMMING
NOTIFICATIONS- '; and
(ii) by striking `Foreign Affairs' and inserting
`International Relations';
(20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting `of
America' after `United States'; and
(21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33, 34,
36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as amended by
this section, as sections 101, 102, 103, 201, 202, 301, 302, 303,
304, 305, 306, 307, 308, 401, 402, 403, 404, 501, 502, 503, and
504, respectively.
SEC. 224. COMPENSATION OF OFFICERS.
Title 5, United States Code, is amended--
(1) in section 5313, by striking `Director of the United States
Arms Control and Disarmament Agency.';
(2) in section 5314, by striking `Deputy Director of the United
States Arms Control and Disarmament Agency.';
(3) in section 5315--
(A) by striking `Assistant Directors, United States Arms
Control and Disarmament Agency (4).'; and
(B) by striking `Special Representatives of the President
for arms control, nonproliferation, and disarmament matters,
United States Arms Control and Disarmament Agency', and
inserting `Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State'; and
(4) in section 5316, by striking `General Counsel of the United
States Arms Control and Disarmament Agency.'.
SEC. 225. ADDITIONAL CONFORMING AMENDMENTS.
(a) ARMS EXPORT CONTROL ACT- The Arms Export Control Act is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking
`Director of the Arms Control and Disarmament Agency in
consultation with the Secretary of State and the Secretary of
Defense' and inserting `Secretary of State in consultation with
the Secretary of Defense and the Director of Central
Intelligence';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking `be made in
coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the
Director's assessment as to' and inserting `take into
account'; and
(B) by striking the second sentence;
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking `the assessment of the
Director of the United States Arms Control and Disarmament
Agency as to';
(B) by striking `(1)' after `(a)'; and
(C) by striking paragraph (2);
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking `, the
Director of the Arms Control and Disarmament Agency,';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking `and
the Director of the United States Arms Control and Disarmament
Agency';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking `, the Secretary of Commerce, and the
Director of the United States Arms Control and Disarmament
Agency' and inserting `and the Secretary of Commerce'; and
(B) by striking `or the Director';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking `with the
Director of the United States Arms Control and Disarmament
Agency,'; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking `, the
Secretary of Commerce, and the Director of the United States Arms
Control and Disarmament Agency' and inserting `and the Secretary
of Commerce'.
(b) FOREIGN ASSISTANCE ACT- Section 511 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321d) is amended by striking `be made in
coordination with the Director of the United States Arms Control and
Disarmament Agency and shall take into account his opinion as to' and
inserting `take into account'.
(c) UNITED STATES INSTITUTE OF PEACE ACT-
(1) Section 1706(b) of the United States Institute of Peace Act
(22 U.S.C. 4605(b)) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(C) in paragraph (4) (as redesignated), by striking `Eleven'
and inserting `Twelve'.
(2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is
amended by striking `, Director of the Arms Control and
Disarmament Agency'.
(d) ATOMIC ENERGY ACT OF 1954- The Atomic Energy Act of 1954 is
amended--
(1) in section 57b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking `the Arms Control and
Disarmament Agency,'; and
(B) in the second sentence, by striking `the Director of the
Arms Control and Disarmament Agency,';
(2) in section 109b. (42 U.S.C. 2129(b)), by striking `and the
Director';
(3) in section 111b. (42 U.S.C. 2131(b)) by striking `the Arms
Control and Disarmament Agency, the Nuclear Regulatory
Commission,' and inserting `the Nuclear Regulatory Commission';
(4) in section 123 (42 U.S.C. 2153)--
(A) in subsection a., in the third sentence--
(i) by striking `and in consultation with the Director
of the Arms Control and Disarmament Agency (`the
Director')';
(ii) by inserting `and' after `Energy,';
(iii) by striking `Commission, and the Director, who'
and inserting `Commission. The Secretary of State'; and
(iv) after `nuclear explosive purpose.', by inserting
the following new sentence: `Each Nuclear Proliferation
Assessment Statement prepared pursuant to this Act
shall be accompanied by a classified annex, prepared in
consultation with the Director of Central Intelligence,
summarizing relevant classified information.';
(B) in subsection d., in the first proviso--
(i) by striking `Nuclear Proliferation Assessment
Statement prepared by the Director of the Arms Control
and Disarmament Agency,' and inserting `Nuclear
Proliferation Assessment Statement prepared by the
Secretary of State, and any annexes thereto,'; and
(ii) by striking `has been' and inserting `have been';
and
(C) in the first undesignated paragraph following subsection
d., by striking `the Arms Control and Disarmament Agency,';
(5) in section 126a.(1), by striking `the Director of the Arms
Control and Disarmament Agency, and the Nuclear Regulatory
Commission' and inserting `and the Nuclear Regulatory
Commission,';
(6) in section 131a. (42 U.S.C. 2160(a))--
(A) in paragraph (1)--
(i) in the first sentence, by striking `the Director,';
(ii) in the third sentence, by striking `the Director
declares that he intends' and inserting `the Secretary
of State is required'; and
(iii) in the third sentence, by striking `the
Director's declaration' and inserting `the requirement
to prepare a Nuclear Proliferation Assessment
Statement';
(B) in paragraph (2)--
(i) by striking `Director's view' and inserting `view
of the Secretary of State, Secretary of Energy,
Secretary of Defense, or the Commission'; and
(ii) by striking `he may prepare' and inserting `the
Secretary of State, in consultation with such Secretary
or the Commission, shall prepare'; and
(7) in section 131c. (42 U.S.C. 2160(c))--
(A) in the first sentence, by striking `, the Director of
the Arms Control and Disarmament Agency,';
(B) in the sixth and seventh sentences, by striking
`Director' each place it appears and inserting `Secretary of
State'; and
(C) in the seventh sentence, by striking `Director's' and
inserting `Secretary of State's'.
(e) NUCLEAR NON-PROLIFERATION ACT OF 1978- The Nuclear
Non-Proliferation Act of 1978 is amended--
(1) in section 4 (22 U.S.C. 3203)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(2) in section 102 (22 U.S.C. 3222), by striking `, the Secretary
of State, and the Director of the Arms Control and Disarmament
Agency' and inserting `and the Secretary of State';
(3) in section 304(d) (42 U.S.C. 2156a), by striking `the
Secretary of Defense, and the Director,' and inserting `and the
Secretary of Defense,';
(4) in section 309 (42 U.S.C. 2139a)--
(A) in subsection (b), by striking `the Department of
Commerce, and the Arms Control and Disarmament Agency' and
inserting `and the Department of Commerce'; and
(B) in subsection (c), by striking `the Arms Control and
Disarmament Agency,';
(5) in section 406 (42 U.S.C. 2160a), by inserting `, or any
annexes thereto,' after `Statement'; and
(6) in section 602 (22 U.S.C. 3282)--
(A) in subsection (c), by striking `the Arms Control and
Disarmament Agency,'; and
(B) in subsection (e), by striking `and the Director'.
(f) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956- Section 23(a) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695(a))
is amended by striking `the Agency for International Development, and
the Arms Control and Disarmament Agency' and inserting `and the Agency
for International Development'.
(g) FOREIGN RELATIONS AUTHORIZATION ACT OF 1972- Section 502 of the
Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended
by striking `the United States Arms Control and Disarmament Agency,'.
(h) TITLE 49- Section 40118(d) of title 49, United States Code, is
amended by striking `, or the Director of the Arms Control and
Disarmament Agency'.
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1999; or
(2) the date of abolition of the United States Information Agency
pursuant to the reorganization plan described in section 601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency (other than the Broadcasting
Board of Governors and the International Broadcasting Bureau) is
abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
(a) IN GENERAL- There are transferred to the Secretary of State all
functions of the Director of the United States Information Agency and
all functions of the United States Information Agency and any office
or component of such agency, under any statute, reorganization plan,
Executive order, or other provision of law, as of the day before the
effective date of this title.
(b) EXCEPTION- Subsection (a) does not apply to the Broadcasting Board
of Governors, the International Broadcasting Bureau, or any function
performed by the Board or the Bureau.
SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(b)), as amended by this Act, is further amended by adding
at the end the following new paragraph:
`(3) UNDER SECRETARY FOR PUBLIC DIPLOMACY- There shall be in the
Department of State, among the Under Secretaries authorized by
paragraph (1), an Under Secretary for Public Diplomacy, who shall
have primary responsibility to assist the Secretary and the
Deputy Secretary in the formation and implementation of United
States public diplomacy policies and activities, including
international educational and cultural exchange programs,
information, and international broadcasting.'.
SEC. 314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES
INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.
(a) ABOLITION OF OFFICE- The Office of Inspector General of the United
States Information Agency is abolished.
(b) AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978- Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking `the Office of Personnel
Management, the United States Information Agency' and inserting
`or the Office of Personnel Management'; and
(2) in paragraph (2), by striking `the United States Information
Agency,'.
(c) EXECUTIVE SCHEDULE- Section 5315 of title 5, United States Code,
is amended by striking the following:
`Inspector General, United States Information Agency.'.
(d) AMENDMENTS TO PUBLIC LAW 103-236- Subsections (i) and (j) of
section 308 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6207(i) and (j)) are amended--
(1) by striking `Inspector General of the United States
Information Agency' each place it appears and inserting
`Inspector General of the Department of State and the Foreign
Service'; and
(2) by striking `, the Director of the United States Information
Agency,'.
(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 3--INTERNATIONAL BROADCASTING
SEC. 321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Congress finds that--
(1) it is the policy of the United States to promote the right of
freedom of opinion and expression, including the freedom `to
seek, receive, and impart information and ideas through any media
and regardless of frontiers', in accordance with Article 19 of
the Universal Declaration of Human Rights;
(2) open communication of information and ideas among the peoples
of the world contributes to international peace and stability,
and the promotion of such communication is in the interests of
the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the requirements of
this chapter and the United States International Broadcasting Act
of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
SEC. 322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.
Section 304(a) of the United States International Broadcasting Act of
1994 (22 U.S.C. 6203(a)) is amended to read as follows:
`(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH-
`(1) IN GENERAL- The Broadcasting Board of Governors shall
continue to exist within the executive branch of Government as an
entity described in section 104 of title 5, United States Code.
`(2) RETENTION OF EXISTING BOARD MEMBERS- The members of the
Broadcasting Board of Governors appointed by the President
pursuant to subsection (b)(1)(A) before the effective date of
title III of the Foreign Affairs Agencies Consolidation Act of
1998 and holding office as of that date may serve the remainder
of their terms of office without reappointment.
`(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.
`(B) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS- The
Inspector General shall respect the journalistic integrity
of all the broadcasters covered by this title and may not
evaluate the philosophical or political perspectives
reflected in the content of broadcasts.'.
SEC. 323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
(a) REFERENCES IN SECTION- Whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision, the
reference shall be deemed to be made to the United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.).
(b) SUBSTITUTION OF SECRETARY OF STATE- Sections 304(b)(1)(B),
304(b)(2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B),
6203(b)(2) and (3), 6203(c), and 6203(e)) are amended by striking
`Director of the United States Information Agency' each place it
appears and inserting `Secretary of State'.
(c) SUBSTITUTION OF ACTING SECRETARY OF STATE- Section 304(c) (22
U.S.C. 6203(c)) is amended by striking `acting Director of the agency'
and inserting `Acting Secretary of State'.
(d) STANDARDS AND PRINCIPLES OF INTERNATIONAL BROADCASTING- Section
303(b) (22 U.S.C. 6202(b)) is amended--
(1) in paragraph (3), by inserting `, including editorials,
broadcast by the Voice of America, which present the views of the
United States Government' after `policies';
(2) by redesignating paragraphs (4) through (9) as paragraphs (5)
through (10), respectively; and
(3) by inserting after paragraph (3) the following:
`(4) the capability to provide a surge capacity to support United
States foreign policy objectives during crises abroad;';
(e) AUTHORITIES OF THE BOARD- Section 305(a) (22 U.S.C. 6204(a)) is
amended--
(1) in paragraph (1)--
(A) by striking `direct and'; and
(B) by striking `and the Television Broadcasting to Cuba
Act' and inserting `, the Television Broadcasting to Cuba
Act, and Worldnet Television, except as provided in section
306(b)';
(2) in paragraph (4), by inserting `, after consultation with the
Secretary of State,' after `annually,';
(3) in paragraph (9)--
(A) by striking `, through the Director of the United States
Information Agency,'; and
(B) by adding at the end the following new sentence: `Each
annual report shall place special emphasis on the assessment
described in paragraph (2).';
(4) in paragraph (12)--
(A) by striking `1994 and 1995' and inserting `1998 and
1999'; and
(B) by striking `to the Board for International Broadcasting
for such purposes for fiscal year 1993' and inserting `to
the Board and the International Broadcasting Bureau for such
purposes for fiscal year 1997'; and
(5) by adding at the end the following new paragraphs:
`(15)(A) To procure temporary and intermittent personal services
to the same extent as is authorized by section 3109 of title 5,
United States Code, at rates not to exceed the daily equivalent
of the rate provided for positions classified above grade GS-15
of the General Schedule under section 5108 of title 5, United
States Code.
`(B) To allow those providing such services, while away from
their homes or their regular places of business, travel expenses
(including per diem in lieu of subsistence) as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently, while so employed.
`(16) To procure, pursuant to section 1535 of title 31, United
States Code (commonly known as the `Economy Act'), such goods and
services from other departments or agencies for the Board and the
International Broadcasting Bureau as the Board determines are
appropriate.
`(17) To utilize the provisions of titles III, IV, V, VII, VIII,
IX, and X of the United States Information and Educational
Exchange Act of 1948, and section 6 of Reorganization Plan Number
2 of 1977, as in effect on the day before the effective date of
title III of the Foreign Affairs Agencies Consolidation Act of
1998, to the extent the Board considers necessary in carrying out
the provisions and purposes of this title.
`(18) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that had
been available to the Director of the United States Information
Agency, the Bureau, or the Board before the effective date of
title III of the Foreign Affairs Agencies Consolidation Act of
1998 for carrying out the broadcasting activities covered by this
title.'.
(f) DELEGATION OF AUTHORITY- Section 305 (22 U.S.C. 6204) is amended--
(1) by redesignating subsections (b), (c), and (d) as subsections
(c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
`(b) DELEGATION OF AUTHORITY- The Board may delegate to the Director
of the International Broadcasting Bureau, or any other officer or
employee of the United States, to the extent the Board determines to
be appropriate, the authorities provided in this section, except those
authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9),
or (11) of subsection (a).'.
(g) BROADCASTING BUDGETS- Section 305(c)(1) (as redesignated) is
amended--
(1) by striking `(1)' before `The Director'; and
(2) by striking `the Director of the United States Information
Agency for the consideration of the Director as a part of the
Agency's budget submission to'.
(h) REPEAL- Section 305(c)(2) (as redesignated) is repealed.
(i) IMPLEMENTATION- Section 305(d) (as redesignated) is amended to
read as follows:
`(d) PROFESSIONAL INDEPENDENCE OF BROADCASTERS- The Secretary of State
and the Board, in carrying out their functions, shall respect the
professional independence and integrity of the International
Broadcasting Bureau, its broadcasting services, and the grantees of
the Board.'.
(j) FOREIGN POLICY GUIDANCE- Section 306 (22 U.S.C. 6205) is amended--
(1) in the section heading, by striking `foreign policy guidance'
and inserting `role of the secretary of state';
(2) by inserting `(a) FOREIGN POLICY GUIDANCE- ' immediately
before `To';
(3) by striking `State, acting through the Director of the United
States Information Agency,' and inserting `State';
(4) by inserting before the period at the end the following: `,
as the Secretary may deem appropriate'; and
(5) by adding at the end the following:
`(b) CERTAIN WORLDNET PROGRAMMING- The Secretary of State is
authorized to use Worldnet broadcasts for the purposes of continuing
interactive dialogues with foreign media and other similar overseas
public diplomacy programs sponsored by the Department of State. The
Chairman of the Broadcasting Board of Governors shall provide access
to Worldnet for this purpose on a nonreimbursable basis.'.
(k) INTERNATIONAL BROADCASTING BUREAU- Section 307 (22 U.S.C. 6206) is
amended--
(1) in subsection (a), by striking `within the United States
Information Agency' and inserting `under the Board';
(2) in subsection (b)(1), by striking `Chairman of the Board, in
consultation with the Director of the United States Information
Agency and with the concurrence of a majority of the Board' and
inserting `President, by and with the advice and consent of the
Senate';
(3) by redesignating subsection (b)(1) as subsection (b);
(4) by striking subsection (b)(2); and
(5) by adding at the end the following new subsection:
`(c) RESPONSIBILITIES OF THE DIRECTOR- The Director shall organize and
chair a coordinating committee to examine and make recommendations to
the Board on long-term strategies for the future of international
broadcasting, including the use of new technologies, further
consolidation of broadcast services, and consolidation of currently
existing public affairs and legislative relations functions in the
various international broadcasting entities. The coordinating
committee shall include representatives of Radio Free Asia, RFE/RL,
Incorporated, the Broadcasting Board of Governors, and, as
appropriate, the Office of Cuba Broadcasting, the Voice of America,
and Worldnet.'.
(l) REPEALS- The following provisions of law are repealed:
(1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207(k) and
(l)).
(2) Section 310 (22 U.S.C. 6209).
SEC. 324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is
amended--
(1) by striking `United States Information Agency' each place it
appears and inserting `Broadcasting Board of Governors';
(2) by striking `Agency' each place it appears and inserting
`Board';
(3) by striking `the Director of the United States Information
Agency' each place it appears and inserting `the Broadcasting
Board of Governors';
(4) in section 4 (22 U.S.C. 1465b), by striking `the Voice of
America' and inserting `the International Broadcasting Bureau';
(5) in section 5 (22 U.S.C. 1465c)--
(A) by striking `Board' each place it appears and inserting
`Advisory Board'; and
(B) in subsection (a), by striking the first sentence and
inserting `There is established within the Office of the
President the Advisory Board for Cuba Broadcasting (in this
Act referred to as the `Advisory Board').'; and
(6) by striking any other reference to `Director' not amended by
paragraph (3) each place it appears and inserting `Board'.
SEC. 325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT.
The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.) is
amended--
(1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 (22
U.S.C. 1465dd), by striking `United States Information Agency'
each place it appears and inserting `Broadcasting Board of
Governors';
(2) in section 243(c) (22 U.S.C. 1465bb(c))--
(A) in the subsection heading, by striking `USIA'; and
(B) by striking `USIA Television' and inserting `the
`Television';
(3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 (22
U.S.C. 1465dd), by striking `Agency' each place it appears and
inserting `Board';
(4) in section 244 (22 U.S.C. 1465cc)--
(A) in the section heading, by striking `of the united
states information agency';
(B) in subsection (a)--
(i) in the first sentence, by striking `The Director of
the United States Information Agency shall establish'
and inserting `There is'; and
(ii) in the second sentence--
(I) by striking `Director of the United States
Information Agency' and inserting `Broadcasting
Board of Governors'; and
(II) by striking `the Director of the Voice of
America' and inserting `the International
Broadcasting Bureau';
(C) in subsection (b)--
(i) by striking `Agency facilities' and inserting
`Board facilities'; and
(ii) by striking `Information Agency' and inserting
`International'; and
(D) in the heading of subsection (c), by striking `USIA';
and
(5) in section 245(d) (22 U.S.C. 1465c note), by striking `Board'
and inserting `Advisory Board'.
SEC. 326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND PERSONNEL.
(a) TRANSFER AND ALLOCATION OF PROPERTY AND APPROPRIATIONS-
(1) IN GENERAL- The assets, liabilities (including contingent
liabilities arising from suits continued with a substitution or
addition of parties under section 327(d)), contracts, property,
records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available in
connection with the functions and offices of USIA transferred to
the Broadcasting Board of Governors by this chapter shall be
transferred to the Broadcasting Board of Governors for
appropriate allocation.
(2) ADDITIONAL TRANSFERS- In addition to the transfers made under
paragraph (1), there shall be transferred to the Chairman of the
Broadcasting Board of Governors the assets, contracts, property,
records, and unexpended balance of appropriations,
authorizations, allocations, and other funds, as determined by
the Secretary, in concurrence with the Broadcasting Board of
Governors, to support the functions transferred by this chapter.
(b) TRANSFER OF PERSONNEL- Notwithstanding any other provision of
law--
(1) except as provided in subsection (c), all personnel and
positions of USIA employed or maintained to carry out the
functions transferred by this chapter to the Broadcasting Board
of Governors shall be transferred to the Broadcasting Board of
Governors at the same grade or class and the same rate of basic
pay or basic salary rate and with the same tenure held
immediately preceding transfer; and
(2) the personnel and positions of USIA, as determined by the
Secretary of State, with the concurrence of the Broadcasting
Board of Governors and the Director of USIA, to support the
functions transferred by this chapter shall be transferred to the
Broadcasting Board of Governors, including the International
Broadcasting Bureau, at the same grade or class and the same rate
of basic pay or basic salary rate and with the same tenure held
immediately preceding transfer.
(c) TRANSFER AND ALLOCATION OF PROPERTY, APPROPRIATIONS, AND PERSONNEL
ASSOCIATED WITH WORLDNET- USIA personnel responsible for carrying out
interactive dialogs with foreign media and other similar overseas
public diplomacy programs using the Worldnet television broadcasting
system, and funds associated with such personnel, shall be transferred
to the Department of State in accordance with the provisions of title
VI of this division.
(d) INCIDENTAL TRANSFERS- The Director of the Office of Management and
Budget, when requested by the Broadcasting Board of Governors, is
authorized to make such incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with functions and offices transferred from USIA, as may
be necessary to carry out the provisions of this section.
SEC. 327. SAVINGS PROVISIONS.
(a) CONTINUING LEGAL FORCE AND EFFECT- All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to become
effective by the President, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the
performance of functions exercised by the Broadcasting Board of
Governors of the United States Information Agency on the day
before the effective date of this title; and
(2) that are in effect at the time this title takes effect, or
were final before the effective date of this title and are to
become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law
by the President, the Broadcasting Board of Governors, or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(b) PENDING PROCEEDINGS-
(1) IN GENERAL- The provisions of this chapter, or amendments
made by this chapter, shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
before the Broadcasting Board of Governors of the United States
Information Agency at the time this title takes effect, with
respect to functions exercised by the Board as of the effective
date of this title but such proceedings and applications shall be
continued.
(2) ORDERS, APPEALS, AND PAYMENTS- Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this chapter had not been
enacted, and orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction,
or by operation of law.
(3) STATUTORY CONSTRUCTION- Nothing in this subsection shall be
deemed to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this chapter had not been enacted.
(c) NONABATEMENT OF PROCEEDINGS- No suit, action, or other proceeding
commenced by or against any officer in the official capacity of such
individual as an officer of the Broadcasting Board of Governors, or
any commission or component thereof, shall abate by reason of the
enactment of this chapter. No cause of action by or against the
Broadcasting Board of Governors, or any commission or component
thereof, or by or against any officer thereof in the official capacity
of such officer, shall abate by reason of the enactment of this
chapter.
(d) CONTINUATION OF PROCEEDINGS WITH SUBSTITUTION OF PARTIES-
(1) SUBSTITUTION OF PARTIES- If, before the effective date of
this title, USIA or the Broadcasting Board of Governors, or any
officer thereof in the official capacity of such officer, is a
party to a suit which is related to the functions transferred by
this chapter, then effective on such date such suit shall be
continued with the Broadcasting Board of Governors or other
appropriate official of the Board substituted or added as a
party.
(2) LIABILITY OF THE BOARD- The Board shall participate in suits
continued under paragraph (1) where the Broadcasting Board of
Governors or other appropriate official of the Board is added as
a party and shall be liable for any judgments or remedies in
those suits or proceedings arising from the exercise of the
functions transferred by this chapter to the same extent that
USIA would have been liable if such judgment or remedy had been
rendered on the day before the abolition of USIA.
(e) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS-
Any administrative action relating to the preparation or promulgation
of a regulation by the Broadcasting Board of Governors relating to a
function exercised by the Board before the effective date of this
title may be continued by the Board with the same effect as if this
chapter had not been enacted.
(f) REFERENCES- Reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of or
relating to the Broadcasting Board of Governors of the United States
Information Agency with regard to functions exercised before the
effective date of this title, shall be deemed to refer to the Board.
SEC. 328. REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.
Not later than March 1 of each year, the Broadcasting Board of
Governors shall submit to the appropriate congressional committees a
report on the progress of the Board and of RFE/RL, Incorporated, on
any steps taken to further the policy declared in section 312(a) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
The report under this subsection shall include the following:
(1) Efforts by RFE/RL, Incorporated, to terminate individual
language services.
(2) A detailed description of steps taken with regard to section
312(a) of that Act.
(3) An analysis of prospects for privatization over the coming
year.
(4) An assessment of the extent to which United States Government
funding may be appropriate in the year 2000 and subsequent years
for surrogate broadcasting to the countries to which RFE/RL,
Incorporated, broadcast during the year. This assessment shall
include an analysis of the environment for independent media in
those countries, noting the extent of government control of the
media, the ability of independent journalists and news
organizations to operate, relevant domestic legislation, level of
government harassment and efforts to censor, and other
indications of whether the people of such countries enjoy freedom
of expression.
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 331. REFERENCES.
(a) IN GENERAL- Except as otherwise provided in this division, any
reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or the
Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
(b) CONTINUING REFERENCES TO USIA OR DIRECTOR- Subsection (a) shall
not apply to section 146(a), (b), or (c) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4069a(f),
4069b(g), or 4069c(f)).
SEC. 332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking `Director of the United States
Information Agency.';
(2) in section 5315--
(A) by striking `Deputy Director of the United States
Information Agency.'; and
(B) by striking `Director of the International Broadcasting
Bureau, the United States Information Agency.' and inserting
`Director of the International Broadcasting Bureau.'; and
(3) in section 5316--
(A) by striking `Deputy Director, Policy and Plans, United
States Information Agency.'; and
(B) by striking `Associate Director (Policy and Plans),
United States Information Agency.'.
SEC. 333. APPLICATION OF CERTAIN LAWS.
(a) APPLICATION TO FUNCTIONS OF DEPARTMENT OF STATE- Section 501 of
Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C.
1461-1a) shall not apply to public affairs and other information
dissemination functions of the Secretary of State as carried out prior
to any transfer of functions pursuant to this division.
(b) APPLICATION TO FUNCTIONS TRANSFERRED TO DEPARTMENT OF STATE-
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of
Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy
programs of the Director of the United States Information Agency as
carried out prior to any transfer of functions pursuant to this
division to the same extent that such programs were covered by these
provisions prior to such transfer.
(c) LIMITATION ON USE OF FUNDS- Except as provided in section 501 of
Public Law 80-402 and section 208 of Public Law 99-93, funds
specifically authorized to be appropriated for such public diplomacy
programs shall not be used to influence public opinion in the United
States, and no program material prepared using such funds shall be
distributed or disseminated in the United States.
(d) REPORTING REQUIREMENTS- The report submitted pursuant to section
601(f) of this division shall include a detailed statement of the
manner in which the special mission of public diplomacy carried out by
USIA prior to the transfer of functions under this division shall be
preserved within the Department of State, including the planned duties
and responsibilities of any new bureaus that will perform such public
diplomacy functions. Such report shall also include the best available
estimates of--
(1) the amounts to be expended by the Department of State for
public affairs programs during fiscal year 1998, and on the
personnel and support costs for such programs;
(2) the amounts to be expended by USIA for its public diplomacy
programs during fiscal year 1998, and on the personnel and
support costs for such programs; and
(3) the amounts, including funds to be transferred from USIA and
funds appropriated to the Department, that will be allocated for
the programs described in paragraphs (1) and (2), respectively,
during the fiscal year in which the transfer of functions from
USIA to the Department occurs.
(e) CONGRESSIONAL PRESENTATION DOCUMENT- The Department of State's
Congressional Presentation Document for fiscal year 2000 and each
fiscal year thereafter shall include--
(1) the aggregated amounts that the Department will spend on such
public diplomacy programs and on costs of personnel for such
programs, and a detailed description of the goals and purposes
for which such funds shall be expended; and
(2) the amount of funds allocated to and the positions authorized
for such public diplomacy programs, including bureaus to be
created upon the transfer of functions from USIA to the
Department.
SEC. 334. 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.
SEC. 335. CONFORMING AMENDMENTS.
(a) The United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1431 et seq.) is amended--
(1) in section 505 (22 U.S.C. 1464a)--
(A) by striking `Director of the United States Information
Agency' each place it appears and inserting `Broadcasting
Board of Governors';
(B) by striking `United States Information Agency' each
place it appears and inserting `Broadcasting Board of
Governors';
(C) in subsection (b)--
(i) by striking `Agency's' and all that follows through
`USIA-TV')' and inserting `television broadcasts of the
United States International Television Service'; and
(ii) in paragraphs (1), (2), and (3), by striking
`USIA-TV' each place it appears and inserting `The
United States International Television Service'; and
(D) in subsections (d) and (e), by striking `USIA-TV' each
place it appears and inserting `the United States
International Television Service';
(2) in section 506(c) (22 U.S.C. 1464b(c))--
(A) by striking `Director of the United States Information
Agency' and inserting `Broadcasting Board of Governors';
(B) by striking `Agency' and inserting `Board'; and
(C) by striking `Director' and inserting `Board'.
(3) in section 705 (22 U.S.C 1477c)--
(A) by striking subsections (a) and (c); and
(B) in subsection (b)--
(i) by striking `(b) In addition, the United States
Information Agency' and inserting `The Department of
State'; and
(ii) by striking `program grants' and inserting `grants
for overseas public diplomacy programs';
(4) in section 801(7) (22 U.S.C. 1471(7))--
(A) by striking `Agency' and inserting `overseas public
diplomacy'; and
(B) by inserting `other' after `together with'; and
(5) in section 812 (22 U.S.C. 1475g)--
(A) by striking `United States Information Agency post' each
place it appears and inserting `overseas public diplomacy
post';
(B) in subsection (a), by striking `United States
Information Agency' the first place it appears and inserting
`Department of State';
(C) in subsection (b), by striking `Director of the United
States Information Agency' and inserting `Secretary of
State'; and
(D) in the section heading, by striking `usia' and inserting
`overseas public diplomacy'.
(b) Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) by striking `United States Information Agency' each place it
appears and inserting `Department of State';
(2) in subsection (a), by inserting `for carrying out its
overseas public diplomacy functions' after `grants';
(3) in subsection (b)--
(A) by striking `a grant' the first time it appears and
inserting `an overseas public diplomacy grant'; and
(B) in paragraph (1), by inserting `such' before `a grant'
the first place it appears;
(4) in subsection (c)(1), by inserting `overseas public
diplomacy' before `grants';
(5) in subsection (c)(3), by inserting `such' before `grant'; and
(6) by striking subsection (d).
(c) Section 602 of the National and Community Service Act of 1990 (22
U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking `United
States Information Agency' and inserting `Department of State';
and
(2) in subsection (b)--
(A) by striking `appropriations account of the United States
Information Agency' and inserting `appropriate
appropriations account of the Department of State'; and
(B) by striking `and the United States Information Agency'.
(d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is amended in
the first sentence, by striking `, after consultation with the
Director of the United States Information Agency,'.
(e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) is amended
by striking `of the Director of the United States Information Agency
and with' and inserting `and'.
(f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b))
is amended--
(1) in the text above paragraph (1), by striking `9 members' and
inserting `7 members';
(2) in paragraph (4), by striking `Six' and inserting `Five';
(3) by striking paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(g) Section 803 of the Intelligence Authorization Act, Fiscal Year
1992 (50 U.S.C. 1903) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively; and
(2) in subsection (c), by striking `subsection (b)(7)' and
inserting `subsection (b)(6)'.
(h) Section 7 of the Federal Triangle Development Act (40 U.S.C. 1106)
is amended--
(1) in subsection (c)(1)--
(A) in the text above subparagraph (A), by striking `15
members' and inserting `14 members';
(B) by striking subparagraph (F); and
(C) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively;
(2) in paragraphs (3) and (5) of subsection (c), by striking
`paragraph (1)(J)' each place it appears and inserting `paragraph
(1)(I)'; and
(3) in subsection (d)(3) and subsection (e), by striking `the
Administrator and the Director of the United States Information
Agency' each place it appears and inserting `and the
Administrator'.
(i) Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law
90-637; 20 U.S.C. 80f) is amended--
(1) in subsection (b)--
(A) in the text preceding paragraph (1), by striking `19
members' and inserting `17 members';
(B) by striking paragraph (7);
(C) by striking `10' in paragraph (10) and inserting `9';
and
(D) by redesignating paragraphs (8) through (10) as
paragraphs (7) through (9), respectively; and
(2) in subsection (c), by striking `(9)' and inserting `(8)'.
(j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is amended by
striking `the United States Information Agency,'.
(k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking
`Director of the United States Information Agency' and inserting
`Broadcasting Board of Governors';
(2) in section 210 (22 U.S.C. 3930), by striking `United States
Information Agency' and inserting `Broadcasting Board of
Governors';
(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking `United
States Information Agency' and inserting `Broadcasting Board of
Governors'; and
(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking `the
United States Information Agency,' and inserting `Broadcasting
Board of Governors,'.
(l) The Department of State Basic Authorities Act of 1956, as amended
by this Act, is further amended--
(1) in section 23(a) (22 U.S.C. 2695(a)), by striking `United
States Information Agency' and inserting `Broadcasting Board of
Governors';
(2) in section 25(f) (22 U.S.C. 2697(f))--
(A) by striking `Director of the United States Information
Agency' and inserting `Broadcasting Board of Governors'; and
(B) by striking `with respect to their respective agencies'
and inserting `with respect to the Board and the Agency';
(3) in section 26(b) (22 U.S.C. 2698(b)), as amended by this
Act--
(A) by striking `Director of the United States Information
Agency, the chairman of the Board for International
Broadcasting,' and inserting `Broadcasting Board of
Governors,'; and
(B) by striking `with respect to their respective agencies'
and inserting `with respect to the Board and the Agency';
and
(4) in section 32 (22 U.S.C. 2704), as amended by this Act, by
striking `the Director of the United States Information Agency'
and inserting `the Broadcasting Board of Governors'.
(m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C. 2669a(b)(3)) is
amended by striking `, the United States Information Agency,'.
(n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is amended by
striking `the United States Information Agency,'.
(o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is amended--
(1) in subsection (a), by striking `Director of the United States
Information Agency,'; and
(2) in subsection (b), by striking `the Director of the United
States Information Agency' and inserting `the Under Secretary of
State for Public Diplomacy'.
(p) Section 40118(d) of title 49, United States Code, is amended by
striking `, the Director of the United States Information Agency,'.
(q) Section 155 of Public Law 102-138 is amended--
(1) by striking the comma before `Department of Commerce' and
inserting `and'; and
(2) by striking `, and the United States Information Agency'.
(r) Section 107 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking
`Director of the United States Information Agency' each place it
appears and inserting `Director of the International Broadcasting
Bureau'.
SEC. 336. REPEALS.
The following provisions are repealed:
(1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b), 807 (22
U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C 1475f), and
1009 (22 U.S.C. 1440) of the United States Information and
Educational Exchange Act of 1948.
(2) Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)).
(3) Section 565(e) of the Anti-Economic Discrimination Act of
1994 (22 U.S.C. 2679c(e)).
(4) Section 206(b) of Public Law 102-138.
(5) Section 2241 of Public Law 104-66.
(6) Sections 1 through 6 of Reorganization Plan Numbered 2 of
1977 (91 Stat. 636).
(7) Section 207 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 1463
note).
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1998; or
(2) the date of abolition of the United States International
Development Cooperation Agency pursuant to the reorganization
plan described in section 601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 411. ABOLITION OF UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY.
(a) IN GENERAL- Except for the components specified in subsection (b),
the United States International Development Cooperation Agency
(including the Institute for Scientific and Technological Cooperation)
is abolished.
(b) AID AND OPIC EXEMPTED- Subsection (a) does not apply to the Agency
for International Development or the Overseas Private Investment
Corporation.
SEC. 412. TRANSFER OF FUNCTIONS AND AUTHORITIES.
(a) ALLOCATION OF FUNDS-
(1) ALLOCATION TO THE SECRETARY OF STATE- Funds made available
under the categories of assistance deemed allocated to the
Director of the International Development Cooperation Agency
under section 1-801 of Executive Order No. 12163 (22 U.S.C. 2381
note) as of October 1, 1997, shall be allocated to the Secretary
of State on and after the effective date of this title without
further action by the President.
(2) PROCEDURES FOR REALLOCATIONS OR TRANSFERS- The Secretary of
State may allocate or transfer as appropriate any funds received
under paragraph (1) in the same manner as previously provided for
the Director of the International Development Cooperation Agency
under section 1-802 of that Executive order, as in effect on
October 1, 1997.
(b) WITH RESPECT TO THE OVERSEAS PRIVATE INVESTMENT CORPORATION- There
are transferred to the Administrator of the Agency for International
Development all functions of the Director of the United States
International Development Cooperation Agency as of the day before the
effective date of this title with respect to the Overseas Private
Investment Corporation.
(c) OTHER ACTIVITIES- The authorities and functions transferred to the
United States International Development Cooperation Agency or the
Director of that Agency by section 6 of Reorganization Plan Numbered 2
of 1979 shall, to the extent such authorities and functions have not
been repealed, be transferred to those agencies or heads of agencies,
as the case may be, in which those authorities and functions were
vested by statute as of the day before the effective date of such
reorganization plan.
SEC. 413. STATUS OF AID.
(a) IN GENERAL- Unless abolished pursuant to the reorganization plan
submitted under section 601, and except as provided in section 412,
there is within the executive branch of Government the United States
Agency for International Development as an entity described in section
104 of title 5, United States Code.
(b) RETENTION OF OFFICERS- Nothing in this section shall require the
reappointment of any officer of the United States serving in the
Agency for International Development of the United States
International Development Cooperation Agency as of the day before the
effective date of this title.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Except as otherwise provided in this division, any reference in any
statute, reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to the United
States International Development Cooperation Agency (IDCA) or to the
Director or any other officer or employee of IDCA--
(1) insofar as such reference relates to any function or
authority transferred under section 412(a), shall be deemed to
refer to the Secretary of State;
(2) insofar as such reference relates to any function or
authority transferred under section 412(b), shall be deemed to
refer to the Administrator of the Agency for International
Development;
(3) insofar as such reference relates to any function or
authority transferred under section 412(c), shall be deemed to
refer to the head of the agency to which such function or
authority is transferred under such section; and
(4) insofar as such reference relates to any function or
authority not transferred by this title, shall be deemed to refer
to the President or such agency or agencies as may be specified
by Executive order.
SEC. 422. CONFORMING AMENDMENTS.
(a) TERMINATION OF REORGANIZATION PLANS AND DELEGATIONS- The following
shall cease to be effective:
(1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).
(2) Section 1-101 through 1-103, sections 1-401 through 1-403,
section 1-801(a), and such other provisions that relate to the
United States International Development Cooperation Agency or the
Director of IDCA, of Executive Order No. 12163 (22 U.S.C. 2381
note; relating to administration of foreign assistance and
related functions).
(3) The International Development Cooperation Agency Delegation
of Authority Numbered 1 (44 Fed. Reg. 57521), except for section
1-6 of such Delegation of Authority.
(4) Section 3 of Executive Order No. 12884 (58 Fed. Reg. 64099;
relating to the delegation of functions under the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support
Act of 1992, the Foreign Assistance Act of 1961, the Foreign
Operations, Export Financing and Related Programs Appropriations
Act, 1993, and section 301 of title 3, United States Code).
(b) OTHER STATUTORY AMENDMENTS AND REPEAL-
(1) TITLE 5- Section 7103(a)(2)(B)(iv) of title 5, United States
Code, is amended by striking `United States International
Development Cooperation Agency' and inserting `Agency for
International Development'.
(2) INSPECTOR GENERAL ACT OF 1978- Section 8A of the Inspector
General Act of 1978 (5 U.S.C. App. 3) is amended--
(A) in subsection (a)--
(i) by striking `Development' through `(1) shall' and
inserting `Development shall';
(ii) by striking `; and' at the end of subsection
(a)(1) and inserting a period; and
(iii) by striking paragraph (2);
(B) by striking subsections (c) and (f); and
(C) by redesignating subsections (d), (e), (g), and (h) as
subsections (c), (d), (e), and (f), respectively.
(3) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956- The State
Department Basic Authorities Act of 1956 is amended--
(A) in section 25(f) (22 U.S.C. 2697(f)), as amended by this
Act, by striking `Director of the United States
International Development Cooperation Agency' and inserting
`Administrator of the Agency for International Development';
(B) in section 26(b) (22 U.S.C. 2698(b)), as amended by this
Act, by striking `Director of the United States
International Development Cooperation Agency' and inserting
`Administrator of the Agency for International Development';
and
(C) in section 32 (22 U.S.C. 2704), by striking `Director of
the United States International Development Cooperation
Agency' and inserting `Administrator of the Agency for
International Development'.
(4) FOREIGN SERVICE ACT OF 1980- The Foreign Service Act of 1980
is amended--
(A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking
`Director of the United States International Development
Cooperation Agency' and inserting `Administrator of the
Agency for International Development';
(B) in section 210 (22 U.S.C. 3930), by striking `United
States International Development Cooperation Agency' and
inserting `Agency for International Development';
(C) in section 1003(a) (22 U.S.C. 4103(a)), by striking
`United States International Development Cooperation Agency'
and inserting `Agency for International Development'; and
(D) in section 1101(c) (22 U.S.C. 4131(c)), by striking
`United States International Development Cooperation Agency'
and inserting `Agency for International Development'.
(5) REPEAL- Section 413 of Public Law 96-53 (22 U.S.C. 3512) is
repealed.
(6) TITLE 49- Section 40118(d) of title 49, United States Code,
is amended by striking `the Director of the United States
International Development Cooperation Agency' and inserting `or
the Administrator of the Agency for International Development'.
(7) EXPORT ADMINISTRATION ACT OF 1979- Section 2405(g) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(g)) is
amended--
(A) by striking `Director of the United States International
Development Cooperation Agency' each place it appears and
inserting `Administrator of the Agency for International
Development'; and
(B) in the fourth sentence, by striking `Director' and
inserting `Administrator'.
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1998; or
(2) the date of reorganization of the Agency for International
Development pursuant to the reorganization plan described in
section 601.
CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS
SEC. 511. REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) IN GENERAL- The Agency for International Development shall be
reorganized in accordance with this division and the reorganization
plan transmitted pursuant to section 601.
(b) FUNCTIONS TO BE TRANSFERRED- The reorganization of the Agency for
International Development shall provide, at a minimum, for the
transfer to and consolidation with the Department of State of the
following functions of AID:
(1) The Press office.
(2) Certain administrative functions.
CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE
SEC. 521. DEFINITION OF UNITED STATES ASSISTANCE.
In this chapter, the term `United States assistance' means development
and other economic assistance, including assistance made available
under the following provisions of law:
(1) Chapter 1 of part I of the Foreign Assistance Act of 1961
(relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act of 1961
(relating to the Development Fund for Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act of 1961
(relating to assistance for the independent states of the former
Soviet Union).
(5) The Support for East European Democracy Act (22 U.S.C. 5401
et seq.).
SEC. 522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF STATE.
The Administrator of the Agency for International Development,
appointed pursuant to section 624(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct
authority and foreign policy guidance of the Secretary of State.
SEC. 523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.
(a) AUTHORITY OF THE SECRETARY OF STATE-
(1) IN GENERAL- Under the direction of the President, the
Secretary of State shall coordinate all United States assistance
in accordance with this section, except as provided in paragraphs
(2) and (3).
(2) EXPORT PROMOTION ACTIVITIES- Coordination of activities
relating to promotion of exports of United States goods and
services shall continue to be primarily the responsibility of the
Secretary of Commerce.
(3) INTERNATIONAL ECONOMIC ACTIVITIES- Coordination of activities
relating to United States participation in international
financial institutions and relating to organization of
multilateral efforts aimed at currency stabilization, currency
convertibility, debt reduction, and comprehensive economic reform
programs shall continue to be primarily the responsibility of the
Secretary of the Treasury.
(4) AUTHORITIES AND POWERS OF THE SECRETARY OF STATE- The powers
and authorities of the Secretary provided in this chapter are in
addition to the powers and authorities provided to the Secretary
under any other Act, including section 101(b) and section 622(c)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(b),
2382(c)).
(b) COORDINATION ACTIVITIES- Coordination activities of the Secretary
of State under subsection (a) shall include--
(1) approving an overall assistance and economic cooperation
strategy;
(2) ensuring program and policy coordination among agencies of
the United States Government in carrying out the policies set
forth in the Foreign Assistance Act of 1961, the Arms Export
Control Act, and other relevant assistance Acts;
(3) pursuing coordination with other countries and international
organizations; and
(4) resolving policy, program, and funding disputes among United
States Government agencies.
(c) STATUTORY CONSTRUCTION- Nothing in this section may be construed
to lessen the accountability of any Federal agency administering any
program, project, or activity of United States assistance for any
funds made available to the Federal agency for that purpose.
(d) AUTHORITY TO PROVIDE PERSONNEL OF THE AGENCY FOR INTERNATIONAL
DEVELOPMENT- The Administrator of the Agency for International
Development is authorized to detail to the Department of State on a
nonreimbursable basis such personnel employed by the Agency as the
Secretary of State may require to carry out this section.
TITLE VI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN
SEC. 601. REORGANIZATION PLAN AND REPORT.
(a) SUBMISSION OF PLAN AND REPORT- Not later than 60 days after the
date of the enactment of this Act, the President shall transmit to the
appropriate congressional committees a reorganization plan and report
regarding--
(1) the abolition of the United States Arms Control and
Disarmament Agency, the United States Information Agency, and the
United States International Development Cooperation Agency in
accordance with this division;
(2) with respect to the Agency for International Development, the
consolidation and streamlining of the Agency and the transfer of
certain functions of the Agency to the Department in accordance
with section 511;
(3) the termination of functions of each covered agency as may be
necessary to effectuate the reorganization under this division,
and the termination of the affairs of each agency abolished under
this division;
(4) the transfer to the Department of the functions and personnel
of each covered agency consistent with the provisions of this
division; and
(5) the consolidation, reorganization, and streamlining of the
Department in connection with the transfer of such functions and
personnel in order to carry out such functions.
(b) COVERED AGENCIES- The agencies covered by this section are the
following:
(1) The United States Arms Control and Disarmament Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation
Agency.
(4) The Agency for International Development.
(c) PLAN ELEMENTS- The plan transmitted under subsection (a) shall
contain, consistent with this division, such elements as the President
deems appropriate, including elements that--
(1) identify the functions of each covered agency that will be
transferred to the Department under the plan;
(2) specify the steps to be taken by the Secretary of State to
reorganize internally the functions of the Department, including
the consolidation of offices and functions, that will be required
under the plan in order to permit the Department to carry out the
functions transferred to it under the plan;
(3) specify the funds available to each covered agency that will
be transferred to the Department as a result of the transfer of
functions of such agency to the Department;
(4) specify the proposed allocations within the Department of
unexpended funds transferred in connection with the transfer of
functions under the plan; and
(5) specify the proposed disposition of the property, facilities,
contracts, records, and other assets and liabilities of each
covered agency in connection with the transfer of the functions
of such agency to the Department.
(d) REORGANIZATION PLAN OF AGENCY FOR INTERNATIONAL DEVELOPMENT- In
addition to applicable provisions of subsection (c), the
reorganization plan transmitted under this section for the Agency for
International Development--
(1) may provide for the abolition of the Agency for International
Development and the transfer of all its functions to the
Department of State; or
(2) in lieu of the abolition and transfer of functions under
paragraph (1)--
(A) shall provide for the transfer to and consolidation
within the Department of the functions set forth in section
511; and
(B) may provide for additional consolidation,
reorganization, and streamlining of AID, including--
(i) the termination of functions and reductions in
personnel of AID;
(ii) the transfer of functions of AID, and the
personnel associated with such functions, to the
Department; and
(iii) the consolidation, reorganization, and
streamlining of the Department upon the transfer of
such functions and personnel in order to carry out the
functions transferred.
(e) MODIFICATION OF PLAN- The President may, on the basis of
consultations with the appropriate congressional committees, modify or
revise any part of the plan transmitted under subsection (a) until
that part of the plan becomes effective in accordance with subsection
(g).
(f) REPORT- The report accompanying the reorganization plan for the
Department and the covered agencies submitted pursuant to this section
shall describe the implementation of the plan and shall include--
(1) a detailed description of--
(A) the actions necessary or planned to complete the
reorganization;
(B) the anticipated nature and substance of any orders,
directives, and other administrative and operational actions
which are expected to be required for completing or
implementing the reorganization; and
(C) any preliminary actions which have been taken in the
implementation process;
(2) the number of personnel and positions of each covered agency
(including civil service personnel, Foreign Service personnel,
and detailees) that are expected to be transferred to the
Department, separated from service with such agency, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(3) the number of personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that are expected to be transferred within the
Department, separated from service with the Department, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(4) a projected schedule for completion of the implementation
process; and
(5) recommendations, if any, for legislation necessary to carry
out changes made by this division relating to personnel and to
incidental transfers.
(g) EFFECTIVE DATE-
(1) IN GENERAL- The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (e), shall become effective on the earlier of
the date for the respective covered agency specified in paragraph
(2) or the date announced by the President under paragraph (3).
(2) STATUTORY EFFECTIVE DATES- The effective dates under this
paragraph for the reorganization plan described in this section
are the following:
(A) October 1, 1998, with respect to functions of the Agency
for International Development described in section 511.
(B) October 1, 1998, with respect to the abolition of the
United States Arms Control and Disarmament Agency and the
United States International Development Cooperation Agency.
(C) October 1, 1999, with respect to the abolition of the
United States Information Agency.
(3) EFFECTIVE DATE BY PRESIDENTIAL DETERMINATION- An effective
date under this paragraph for a reorganization plan described in
this section is such date as the President shall determine to be
appropriate and announce by notice published in the Federal
Register, which date may be not earlier than 90 calendar days
after the President has transmitted the reorganization plan to
the appropriate congressional committees pursuant to subsection
(a).
(4) STATUTORY CONSTRUCTION- Nothing in this subsection may be
construed to require the transfer of functions, personnel,
records, balance of appropriations, or other assets of a covered
agency on a single date.
(5) SUPERSEDES EXISTING LAW- Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States Code.
(h) PUBLICATION- The reorganization plan described in this section
shall be printed in the Federal Register after the date upon which it
first becomes effective.
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) IN GENERAL- The Secretary is authorized, subject to the
requirements of this division, to allocate or reallocate any function
transferred to the Department under any title of this division, and to
establish, consolidate, alter, or discontinue such organizational
entities within the Department as may be necessary or appropriate to
carry out any reorganization under this division, but this subsection
does not authorize the Secretary to modify the terms of any statute
that establishes or defines the functions of any bureau, office, or
officer of the Department.
(b) REQUIREMENTS AND LIMITATIONS ON REORGANIZATION PLAN- The
reorganization plan transmitted under section 601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by law for
its exercise or beyond the time when it would have terminated if
the reorganization had not been made;
(3) authorizing a Federal agency to exercise a function which is
not authorized by law at the time the plan is transmitted to
Congress;
(4) creating a new Federal agency which is not a component or
part of an existing executive department or independent agency;
or
(5) increasing the term of an office beyond that provided by law
for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.
(a) IN GENERAL- Except as otherwise provided in this division, the
assets, liabilities (including contingent liabilities arising from
suits continued with a substitution or addition of parties under
section 615(e)), contracts, property, records, and unexpended balance
of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available in connection with the functions and offices, or portions
thereof, transferred by any title of this division shall be
transferred to the Secretary for appropriate allocation.
(b) LIMITATION ON USE OF TRANSFERRED FUNDS- Except as provided in
subsection (c), unexpended and unobligated funds transferred pursuant
to any title of this division shall be used only for the purposes for
which the funds were originally authorized and appropriated.
(c) FUNDS TO FACILITATE TRANSITION-
(1) CONGRESSIONAL NOTIFICATION- Funds transferred pursuant to
subsection (a) may be available for the purposes of
reorganization subject to notification of the appropriate
congressional committees in accordance with the procedures
applicable to a reprogramming of funds under section 34 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(2) TRANSFER AUTHORITY- Funds in any account appropriated to the
Department of State may be transferred to another such account
for the purposes of reorganization, subject to notification of
the appropriate congressional committees in accordance with the
procedures applicable to a reprogramming of funds under section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706). The authority in this paragraph is in addition to
any other transfer authority available to the Secretary of State
and shall expire September 30, 2000.
SEC. 613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.
(a) TRANSFER OF PERSONNEL FROM ACDA AND USIA- Except as otherwise
provided in title III--
(1) not later than the date of abolition of ACDA, all personnel
and positions of ACDA; and
(2) not later than the date of abolition of USIA, all personnel
and positions of USIA,
shall be transferred to the Department of State at the same grade or
class and the same rate of basic pay or basic salary rate and with the
same tenure held immediately preceding transfer.
(b) TRANSFER OF PERSONNEL FROM AID- Except as otherwise provided in
title III, not later than the date of transfer of any function of AID
to the Department of State under this division, all AID personnel
performing such functions and all positions associated with such
functions shall be transferred to the Department of State at the same
grade or class and the same rate of basic pay or basic salary rate and
with the same tenure held immediately preceding transfer.
(c) ASSIGNMENT AUTHORITY- The Secretary, for a period of not more than
6 months commencing on the effective date of the transfer to the
Department of State of personnel under subsections (a) and (b), is
authorized to assign such personnel to any position or set of duties
in the Department of State regardless of the position held or duties
performed by such personnel prior to transfer, except that, by virtue
of such assignment, such personnel shall not have their grade or class
or their rate of basic pay or basic salary rate reduced, nor their
tenure changed. The Secretary shall consult with the relevant
exclusive representatives (as defined in section 1002 of the Foreign
Service Act and in section 7103 of title 5, United States Code) with
regard to the exercise of this authority. This subsection does not
authorize the Secretary to assign any individual to any position that
by law requires appointment by the President, by and with the advice
and consent of the Senate.
(d) SUPERSEDING OTHER PROVISIONS OF LAW- Subsections (a) through (c)
shall be exercised notwithstanding any other provision of law.
SEC. 614. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, when requested by
the Secretary, is authorized to make such incidental dispositions of
personnel, assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from, available to,
or to be made available in connection with such functions, as may be
necessary to carry out the provisions of any title of this division.
The Director of the Office of Management and Budget, in consultation
with the Secretary, shall provide for the termination of the affairs
of all entities terminated by this division and for such further
measures and dispositions as may be necessary to effectuate the
purposes of any title of this division.
SEC. 615. SAVINGS PROVISIONS.
(a) CONTINUING LEGAL FORCE AND EFFECT- All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to become
effective by the President, any Federal agency or official
thereof, or by a court of competent jurisdiction, in the
performance of functions that are transferred under any title of
this division; and
(2) that are in effect as of the effective date of such title, or
were final before the effective date of such title and are to
become effective on or after the effective date of such title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law
by the President, the Secretary, or other authorized official, a court
of competent jurisdiction, or by operation of law.
(b) PENDING PROCEEDINGS-
(1) IN GENERAL- The provisions of any title of this division
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending on the effective
date of any title of this division before any Federal agency,
commission, or component thereof, functions of which are
transferred by any title of this division. Such proceedings and
applications, to the extent that they relate to functions so
transferred, shall be continued.
(2) ORDERS, APPEALS, PAYMENTS- Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this division had not been
enacted. Orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by the
Secretary, by a court of competent jurisdiction, or by operation
of law.
(3) STATUTORY CONSTRUCTION- Nothing in this division shall be
deemed to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this division had not been enacted.
(4) REGULATIONS- The Secretary is authorized to promulgate
regulations providing for the orderly transfer of proceedings
continued under this subsection to the Department.
(c) NO EFFECT ON JUDICIAL OR ADMINISTRATIVE PROCEEDINGS- Except as
provided in subsection (e) and section 327(d)--
(1) the provisions of this division shall not affect suits
commenced prior to the effective dates of the respective titles
of this division; and
(2) in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and effect as if this
division had not been enacted.
(d) NONABATEMENT OF PROCEEDINGS- No suit, action, or other proceeding
commenced by or against any officer in the official capacity of such
individual as an officer of any Federal agency, or any commission or
component thereof, functions of which are transferred by any title of
this division, shall abate by reason of the enactment of this
division. No cause of action by or against any Federal agency, or any
commission or component thereof, functions of which are transferred by
any title of this division, or by or against any officer thereof in
the official capacity of such officer shall abate by reason of the
enactment of this division.
(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES- If,
before the effective date of any title of this division, any Federal
agency, or officer thereof in the official capacity of such officer,
is a party to a suit, and under this division any function of such
department, agency, or officer is transferred to the Secretary or any
other official of the Department, then effective on such date such
suit shall be continued with the Secretary or other appropriate
official of the Department substituted or added as a party.
(f) REVIEWABILITY OF ORDERS AND ACTIONS UNDER TRANSFERRED FUNCTIONS-
Orders and actions of the Secretary in the exercise of functions
transferred under any title of this division shall be subject to
judicial review to the same extent and in the same manner as if such
orders and actions had been by the Federal agency or office, or part
thereof, exercising such functions immediately preceding their
transfer. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function transferred by any title of this division shall apply to the
exercise of such function by the Secretary.
SEC. 616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE TRANSITION.
Notwithstanding any provision of this division, the Secretary of
State, with the concurrence of the head of the appropriate Federal
agency exercising functions transferred under this division, may
transfer the whole or part of such functions prior to the effective
dates established in this division, including the transfer of
personnel and funds associated with such functions.
SEC. 617. FINAL REPORT.
Not later than January 1, 2001, the President, in consultation with
the Secretary of the Treasury and the Director of the Office of
Management and Budget, shall submit to the appropriate congressional
committees a report which provides a final accounting of the finances
and operations of the agencies abolished under this division.
DIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the `Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999'.
SEC. 1002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this division, the term `appropriate congressional committees'
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under `Administration of Foreign Affairs' to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law, including the diplomatic security program:
(1) DIPLOMATIC AND CONSULAR PROGRAMS- For `Diplomatic and
Consular Programs', of the Department of State $1,746,977,000 for
the fiscal year 1998 and $1,691,282,000 for the fiscal year 1999.
(2) SALARIES AND EXPENSES-
(A) AUTHORIZATION OF APPROPRIATIONS- For `Salaries and
Expenses', of the Department of State $363,513,000 for the
fiscal year 1998 and $367,148,000 for the fiscal year 1999.
(B) LIMITATIONS- Of the amounts authorized to be
appropriated by subparagraph (A), $2,000,000 for fiscal year
1998 and $2,000,000 for the fiscal year 1999 are authorized
to be appropriated only for the recruitment of minorities
for careers in the Foreign Service and international
affairs.
(3) CAPITAL INVESTMENT FUND- For `Capital Investment Fund', of
the Department of State $86,000,000 for the fiscal year 1998 and
$118,340,000 for the fiscal year 1999.
(4) SECURITY AND MAINTENANCE OF BUILDINGS ABROAD- For `Security
and Maintenance of Buildings Abroad', $397,943,000 for the fiscal
year 1998 and $590,800,000 for the fiscal year 1999.
(5) REPRESENTATION ALLOWANCES- For `Representation Allowances',
$4,300,000 for the fiscal year 1998 and $4,300,000 for the fiscal
year 1999.
(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For
`Emergencies in the Diplomatic and Consular Service', $5,500,000
for the fiscal 1998 and $5,500,000 for the fiscal year 1999.
(7) OFFICE OF THE INSPECTOR GENERAL- For `Office of the Inspector
General', $28,300,000 for the fiscal year 1998 and $28,717,000
for the fiscal year 1999.
(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For `Payment to
the American Institute in Taiwan', $14,490,000 for the fiscal
year 1998 and $15,000,000 for the fiscal year 1999.
(9) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS- (A) For
`Protection of Foreign Missions and Officials', $7,900,000 for
the fiscal year 1998 and $8,100,000 for the fiscal year 1999.
(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.
(10) REPATRIATION LOANS- For `Repatriation Loans', $1,200,000 for
the fiscal year 1998 and $1,200,000 for the fiscal year 1999, for
administrative expenses.
SEC. 1102. 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' $17,490,000 for the fiscal
year 1998 and $19,179,000 for the fiscal year 1999; and
(B) for `Construction' $6,463,000 for the fiscal year 1998
and $7,125,000 for the fiscal year 1999.
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA-
For `International Boundary Commission, United States and
Canada', $761,000 for the fiscal year 1998 and $835,000 for the
fiscal year 1999.
(3) INTERNATIONAL JOINT COMMISSION- For `International Joint
Commission', $3,189,000 for the fiscal year 1998 and $3,432,000
for the fiscal year 1999.
(4) INTERNATIONAL FISHERIES COMMISSIONS- For `International
Fisheries Commissions', $14,549,000 for the fiscal year 1998 and
$14,549,000 for the fiscal year 1999.
SEC. 1103. 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 $10,000,000 for each of the fiscal years 1998 and 1999 for
grants to The Asia Foundation pursuant to this title.'.
SEC. 1104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for `Voluntary Contributions to International
Organizations', $294,500,000 for the fiscal year 1998 and $294,500,000
for the fiscal year 1999.
(b) LIMITATIONS-
(1) WORLD FOOD PROGRAM- Of the amounts authorized to be
appropriated under subsection (a), $4,000,000 for the fiscal year
1998 and $2,000,000 for the fiscal year 1999 are 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),
$3,000,000 for the fiscal year 1998 and $3,000,000 for the fiscal
year 1999 are authorized to be appropriated only for a United
States contribution to the United Nations Voluntary Fund for
Victims of Torture.
(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 1998 and $5,000,000 for the fiscal
year 1999 are 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.
(c) AVAILABILITY OF FUNDS- Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.
SEC. 1105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.
There are authorized to be appropriated for `Peacekeeping Operations',
$77,500,000 for the fiscal year 1998 and $68,000,000 for the fiscal
year 1999 for the Department of State to carry out section 551 of
Public Law 87-195.
SEC. 1106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNITED
NATIONS DEVELOPMENT PROGRAM.
(a) LIMITATION- Of the amounts made available for fiscal years 1998
and 1999 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 President
submits to the appropriate congressional committees the certification
described in subsection (b).
(b) CERTIFICATION- The certification referred to in subsection (a) is
a certification by the President that all programs and activities of
the United Nations Development Program (including United Nations
Development Program--Administered Funds) in Burma--
(1) are focused on eliminating human suffering and addressing the
needs of the poor;
(2) are undertaken only through international or private
voluntary organizations that have been deemed independent of 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;
(3) provide no financial, political, or military benefit to the
SLORC; and
(4) 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.
SEC. 1107. UNITED NATIONS POPULATION FUND.
The amounts made available for each of the fiscal years 1998 and 1999
to carry out part I of the Foreign Assistance Act of 1961, not more
than $25,000,000 shall be available for each such fiscal year for the
United Nations Population Fund.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 1201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO OVERSEAS
EDUCATIONAL FACILITIES.
Section 29 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2701) is amended by adding at the end the following:
`Notwithstanding any other provision of law, where the child of a
United States citizen employee of an agency of the United States
Government who is stationed outside the United States attends an
educational facility assisted by the Secretary of State under this
section, the head of that agency is authorized to reimburse, or credit
with advance payment, the Department of State for funds used in
providing assistance to such educational facilities, by grant or
otherwise, under this section.'.
SEC. 1202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
Section 36 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708) is amended to read as follows:
`SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
`(a) ESTABLISHMENT-
`(1) IN GENERAL- There is established a program for the payment
of rewards to carry out the purposes of this section.
`(2) PURPOSE- The rewards program shall be designed to assist in
the prevention of acts of international terrorism, international
narcotics trafficking, and other related criminal acts.
`(3) IMPLEMENTATION- The rewards program shall be administered by
the Secretary of State, in consultation, as appropriate, with the
Attorney General.
`(b) REWARDS AUTHORIZED- In the sole discretion of the Secretary
(except as provided in subsection (c)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
`(1) the arrest or conviction in any country of any individual
for the commission of an act of international terrorism against a
United States person or United States property;
`(2) the arrest or conviction in any country of any individual
conspiring or attempting to commit an act of international
terrorism against a United States person or United States
property;
`(3) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves--
`(A) a violation of United States narcotics laws such that
the individual would be a major violator of such laws;
`(B) the killing or kidnapping of--
`(i) any officer, employee, or contract employee of the
United States Government while such individual is
engaged in official duties, or on account of that
individual's official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control
objectives; or
`(ii) a member of the immediate family of any such
individual on account of that individual's official
duties, in connection with the enforcement of United
States narcotics laws or the implementing of United
States narcotics control objectives; or
`(C) an attempt or conspiracy to commit any act described in
subparagraph (A) or (B);
`(4) the arrest or conviction in any country of any individual
aiding or abetting in the commission of an act described in
paragraph (1), (2), or (3); or
`(5) the prevention, frustration, or favorable resolution of an
act described in paragraph (1), (2), or (3).
`(c) COORDINATION-
`(1) PROCEDURES- To ensure that the payment of rewards pursuant
to this section does not duplicate or interfere with the payment
of informants or the obtaining of evidence or information, as
authorized to the Department of Justice, the offering,
administration, and payment of rewards under this section,
including procedures for--
`(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
`(B) the publication of rewards;
`(C) the offering of joint rewards with foreign governments;
`(D) the receipt and analysis of data; and
`(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
`(2) PRIOR APPROVAL OF ATTORNEY GENERAL REQUIRED- Before making a
reward under this section in a matter over which there is Federal
criminal jurisdiction, the Secretary of State shall obtain the
concurrence of the Attorney General.
`(d) FUNDING-
`(1) AUTHORIZATION OF APPROPRIATIONS- Notwithstanding section 102
of the Foreign Relations Authorization Act, Fiscal Years 1986 and
1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph
(2), there are authorized to be appropriated to the Department of
State from time to time such amounts as may be necessary to carry
out this section.
`(2) LIMITATION- No amount of funds may be appropriated under
paragraph (1) which, when added to the unobligated balance of
amounts previously appropriated to carry out this section, would
cause such amounts to exceed $15,000,000.
`(3) ALLOCATION OF FUNDS- To the maximum extent practicable,
funds made available to carry out this section should be
distributed equally for the purpose of preventing acts of
international terrorism and for the purpose of preventing
international narcotics trafficking.
`(4) PERIOD OF AVAILABILITY- Amounts appropriated under paragraph
(1) shall remain available until expended.
`(e) LIMITATIONS AND CERTIFICATION-
`(1) MAXIMUM AMOUNT- No reward paid under this section may exceed
$2,000,000.
`(2) APPROVAL- A reward under this section of more than $100,000
may not be made without the approval of the Secretary.
`(3) CERTIFICATION FOR PAYMENT- Any reward granted under this
section shall be approved and certified for payment by the
Secretary.
`(4) NONDELEGATION OF AUTHORITY- The authority to approve rewards
of more than $100,000 set forth in paragraph (2) may not be
delegated.
`(5) PROTECTION MEASURES- If the Secretary determines that the
identity of the recipient of a reward or of the members of the
recipient's immediate family must be protected, the Secretary may
take such measures in connection with the payment of the reward
as he considers necessary to effect such protection.
`(f) INELIGIBILITY- An officer or employee of any entity of Federal,
State, or local government or of a foreign government who, while in
the performance of his or her official duties, furnishes information
described in subsection (b) shall not be eligible for a reward under
this section.
`(g) REPORTS-
`(1) REPORTS ON PAYMENT OF REWARDS- Not later than 30 days after
the payment of any reward under this section, the Secretary shall
submit a report to the appropriate congressional committees with
respect to such reward. The report, which may be submitted in
classified form if necessary, shall specify the amount of the
reward paid, to whom the reward was paid, and the acts with
respect to which the reward was paid. The report shall also
discuss the significance of the information for which the reward
was paid in dealing with those acts.
`(2) ANNUAL REPORTS- Not later than 60 days after the end of each
fiscal year, the Secretary shall submit a report to the
appropriate congressional committees with respect to the
operation of the rewards program. The report shall provide
information on the total amounts expended during the fiscal year
ending in that year to carry out this section, including amounts
expended to publicize the availability of rewards.
`(h) PUBLICATION REGARDING REWARDS OFFERED BY FOREIGN GOVERNMENTS-
Notwithstanding any other provision of this section, in the sole
discretion of the Secretary, the resources of the rewards program
shall be available for the publication of rewards offered by foreign
governments regarding acts of international terrorism which do not
involve United States persons or property or a violation of the
narcotics laws of the United States.
`(i) DETERMINATIONS OF THE SECRETARY- A determination made by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.
`(j) DEFINITIONS- As used in this section:
`(1) ACT OF INTERNATIONAL TERRORISM- The term `act of
international terrorism' includes--
`(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
paragraph (8) of section 830 of the Nuclear Proliferation
Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear
explosive device (as defined in paragraph (4) of that
section) by an individual, group, or non-nuclear-weapon
state (as defined in paragraph (5) of that section); and
`(B) any act, as determined by the Secretary, which
materially supports the conduct of international terrorism,
including the counterfeiting of United States currency or
the illegal use of other monetary instruments by an
individual, group, or country supporting international
terrorism as determined for purposes of section 6(j)(1)(A)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)).
`(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate.
`(3) MEMBER OF THE IMMEDIATE FAMILY- The term `member of the
immediate family', with respect to an individual, includes--
`(A) a spouse, parent, brother, sister, or child of the
individual;
`(B) a person with respect to whom the individual stands in
loco parentis; and
`(C) any person not covered by subparagraph (A) or (B) who
is living in the individual's household and is related to
the individual by blood or marriage.
`(4) REWARDS PROGRAM- The term `rewards program' means the
program established in subsection (a)(1).
`(5) UNITED STATES NARCOTICS LAWS- The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
`(6) UNITED STATES PERSON- The term `United States person'
means--
`(A) a citizen or national of the United States; and
`(B) an alien lawfully present in the United States.'.
SEC. 1203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION
FEES.
Section 45(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2717(a)) is amended--
(1) by striking `$700,000 of the' and inserting `all';
(2) at the end of paragraph (1), by striking `and';
(3) in paragraph (2)--
(A) by striking `functions' and inserting `functions,
including compliance and enforcement activities,'; and
(B) by striking the period at the end and inserting `; and';
and
(4) by adding at the end the following new paragraph:
`(3) the enhancement of defense trade export compliance and
enforcement activities, including compliance audits of United
States and foreign parties, the conduct of administrative
proceedings, monitoring of end-uses in cases of direct commercial
arms sales or other transfers, and cooperation in proceedings for
enforcement of criminal laws related to defense trade export
controls.'.
SEC. 1204. FEES FOR COMMERCIAL SERVICES.
Section 52(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2724(b)) is amended by adding at the end the following:
`Funds deposited under this subsection shall remain available for
obligation through September 30 of the fiscal year following the
fiscal year in which the funds were deposited.'.
SEC. 1205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) FOREIGN AFFAIRS REIMBURSEMENT-
(1) IN GENERAL- Section 701 of the Foreign Service Act of 1980
(22 U.S.C. 4021) is amended--
(A) by redesignating subsection (d)(4) as subsection (g);
and
(B) by inserting after subsection (d) the following new
subsections:
`(e)(1) The Secretary may provide appropriate training or related
services, except foreign language training, through the institution to
any United States person (or any employee or family member thereof)
that is engaged in business abroad.
`(2) The Secretary may provide job-related training or related
services, including foreign language training, through the institution
to a United States person under contract to provide services to the
United States Government or to any employee thereof that is performing
such services.
`(3) Training under this subsection may be provided only to the extent
that space is available and only on a reimbursable or advance-of-funds
basis. Reimbursements and advances shall be credited to the currently
available applicable appropriation account.
`(4) Training and related services under this subsection is authorized
only to the extent that it will not interfere with the institution's
primary mission of training employees of the Department and of other
agencies in the field of foreign relations.
`(5) In this subsection, the term `United States person' means--
`(A) any individual who is a citizen or national of the United
States; or
`(B) any corporation, company, partnership, association, or other
legal entity that is 50 percent or more beneficially owned by
citizens or nationals of the United States.
`(f)(1) The Secretary is authorized to provide, on a reimbursable
basis, training programs to Members of Congress or the Judiciary.
`(2) Employees of the legislative branch and employees of the judicial
branch may participate, on a reimbursable basis, in training programs
offered by the institution.
`(3) Reimbursements collected under this subsection shall be credited
to the currently available applicable appropriation account.
`(4) Training under this subsection is authorized only to the extent
that it will not interfere with the institution's primary mission of
training employees of the Department and of other agencies in the
field of foreign relations.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall
take effect on October 1, 1998.
(3) TERMINATION OF PILOT PROGRAM- Effective October 1, 2002,
section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021),
as amended by this subsection, is further amended--
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as paragraph (4) of
subsection (d).
(b) FEES FOR USE OF NATIONAL FOREIGN AFFAIRS TRAINING CENTER- Title I
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a
et seq.) is amended by adding at the end the following new section:
`SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING CENTER.
`The Secretary is authorized to charge a fee for use of the National
Foreign Affairs Training Center of the Department of State. Amounts
collected under this section (including reimbursements and surcharges)
shall be deposited as an offsetting collection to any Department of
State appropriation to recover the costs of such use and shall remain
available for obligation until expended.'.
(c) REPORTING ON PILOT PROGRAM- Two years after the date of enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees containing--
(1) the number of persons who have taken advantage of the pilot
program established under subsections (e) and (f) of section 701
of the Foreign Service Act of 1980 and section 53 of the State
Department Basic Authorities Act of 1956, as added by this
section;
(2) the business or government affiliation of such persons;
(3) the amount of fees collected; and
(4) the impact of the program on the primary mission of the
National Foreign Affairs Training Center.
SEC. 1206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
`SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
`The Secretary is authorized to charge a fee for use of the diplomatic
reception rooms of the Department of State. Amounts collected under
this section (including reimbursements and surcharges) shall be
deposited as an offsetting collection to any Department of State
appropriation to recover the costs of such use and shall remain
available for obligation until expended.'.
SEC. 1207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
`SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
`The Secretary shall include in the annual Congressional Presentation
Document and the Budget in Brief a detailed accounting of the- total
collections received by the Department of State from all sources,
including fee collections. Reporting on total collections shall also
cover collections from the preceding fiscal year and the projected
expenditures from all collections accounts.'.
SEC. 1208. OFFICE OF THE INSPECTOR GENERAL.
(a) PROCEDURES- Section 209(c) of the Foreign Service Act of 1980 (22
U.S.C. 3929(c)) is amended by adding at the end the following:
`(4) The Inspector General shall develop and provide to
employees--
`(A) information detailing their rights to counsel; and
`(B) guidelines describing in general terms the policies and
procedures of the Office of Inspector General with respect
to individuals under investigation other than matters exempt
from disclosure under other provisions of law.'.
(b) NOTICE- Section 209(e) of the Foreign Service Act of 1980 (22
U.S.C. 3929(e)) is amended by adding at the end the following new
paragraph:
`(3) The Inspector General shall ensure that only officials from the
Office of the Inspector General may participate in formal interviews
or other formal meetings with the individual who is the subject of an
investigation, other than an intelligence-related or sensitive
undercover investigation, or except in those situations when the
Inspector General has a reasonable basis to believe that such notice
would cause tampering with witnesses, destroying evidence, or
endangering the lives of individuals, unless that individual receives
prior adequate notice regarding participation by officials of any
other agency, including the Department of Justice, in such interviews
or meetings.'.
(c) REPORT-
(1) IN GENERAL- Not later than September 30, 1998, 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) Detailed descriptions of the internal guidance developed
or used by the Office of the Inspector General with respect
to public disclosure of any information related to an
ongoing investigation of any officer or employee of the
Department of State, the United States Information Agency,
or the United States Arms Control and Disarmament Agency.
(B) Detailed descriptions of those instances for the year
ending December 31, 1997, in which any disclosure of
information to the public by an employee of the Office of
Inspector General about an ongoing investigation occurred,
including details on the recipient of the information, the
date of the disclosure, and the internal clearance process
for the disclosure.
(2) STATUTORY CONSTRUCTION- Disclosure of information to the
public under this section shall not be construed to include
information shared with Congress by an employee of the Office of
the Inspector General.
SEC. 1209. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting `and enhancement' after
`procurement';
(2) in subsection (c), by striking `are authorized to' and
inserting `shall';
(3) in subsection (d), by striking `for expenditure to procure
capital equipment and information technology' and inserting `for
purposes of subsection (a)'; and
(4) by amending subsection (e) to read as follows:
`(e) REPROGRAMMING PROCEDURES- Funds credited to the Capital
Investment Fund shall not be available for obligation or expenditure
except in compliance with the procedures applicable to reprogramming
notifications under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706).'.
SEC. 1210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.
Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
(1) by amending paragraph (3) to read as follows:
`(3) in evaluating proposals for such contracts, award contracts
to the technically acceptable firm offering the lowest evaluated
price, except that proposals of United States persons and
qualified United States joint venture persons (as defined in
subsection (d)) shall be evaluated by reducing the bid price by
10 percent;';
(2) by inserting `and' at the end of paragraph (5);
(3) by striking `; and' at the end of paragraph (6) and inserting
a period; and
(4) by striking paragraph (7).
SEC. 1211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.
Section 4(a) of the International Claims Settlement Act of 1949 (22
U.S.C. 1623(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A)
and (B), respectively;
(2) in the first sentence, by striking `(a) The' and all that
follows through the period and inserting the following:
`(a)(1) The Commission shall have jurisdiction to receive, examine,
adjudicate, and render a final decision with respect to any claim of
the Government of the United States or of any national of the United
States--
`(A) included within the terms of the Yugoslav Claims Agreement
of 1948;
`(B) included within the terms of any claims agreement concluded
on or after March 10, 1954, between the Government of the United
States and a foreign government (exclusive of governments against
which the United States declared the existence of a state of war
during World War II) similarly providing for the settlement and
discharge of claims of the Government of the United States and of
nationals of the United States against a foreign government,
arising out of the nationalization or other taking of property,
by the agreement of the Government of the United States to accept
from that government a sum in en bloc settlement thereof; or
`(C) included in a category of claims against a foreign
government which is referred to the Commission by the Secretary
of State.'; and
(3) by redesignating the second sentence as paragraph (2).
SEC. 1212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) RECOVERY OF CERTAIN EXPENSES- The Department of State
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the fifth
undesignated paragraph under the heading entitled `INTERNATIONAL
FISHERIES COMMISSION' by inserting `(including such expenses as
salaries and other personnel expenses)' after `extraordinary
expenses'.
(b) PROCUREMENT OF SERVICES- Section 38(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the
first sentence by inserting `personal and' before `other support
services'.
SEC. 1213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN.
Section 7 of the International Child Abduction Remedies Act (42 U.S.C.
11606; Public Law 100-300) is amended by adding at the end the
following new subsection:
`(e) GRANT AUTHORITY- The United States Central Authority is
authorized to make grants to, or enter into contracts or agreements
with, any individual, corporation, other Federal, State, or local
agency, or private entity or organization in the United States for
purposes of accomplishing its responsibilities under the Convention
and this Act.'.
SEC. 1214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE DEPARTMENT OF STATE.
(a) COUNTERDRUG AND LAW ENFORCEMENT STRATEGY-
(1) REQUIREMENT- Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall establish,
implement, and submit to Congress a comprehensive, long-term
strategy to carry out the counterdrug responsibilities of the
Department of State in a manner consistent with the National Drug
Control Strategy. The strategy shall involve all elements of the
Department in the United States and abroad.
(2) OBJECTIVES- In establishing the strategy, the Secretary
shall--
(A) coordinate with the Office of National Drug Control
Policy in the development of clear, specific, and measurable
counterdrug objectives for the Department that support the
goals and objectives of the National Drug Control Strategy;
(B) develop specific and, to the maximum extent practicable,
quantifiable measures of performance relating to the
objectives, including annual and long-term measures of
performance, for purposes of assessing the success of the
Department in meeting the objectives;
(C) assign responsibilities for meeting the objectives to
appropriate elements of the Department;
(D) develop an operational structure within the Department
that minimizes impediments to meeting the objectives;
(E) ensure that every United States ambassador or chief of
mission is fully briefed on the strategy, and works to
achieve the objectives; and
(F) ensure that--
(i) all budgetary requests and transfers of equipment
(including the financing of foreign military sales and
the transfer of excess defense articles) relating to
international counterdrug efforts conforms with the
objectives; and
(ii) the recommendations of the Department regarding
certification determinations made by the President on
March 1 as to the counterdrug cooperation, or adequate
steps on its own, of each major illicit drug producing
and drug trafficking country to achieve full compliance
with the goals and objectives established by the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances also conform to meet
such objectives.
(3) REPORTS- Not later than February 15 of each year subsequent
to the submission of the strategy described in paragraph (1), the
Secretary shall submit to Congress an update of the strategy. The
update shall include--
(A) an outline of the proposed activities with respect to
the strategy during the succeeding year, including the
manner in which such activities will meet the objectives set
forth in paragraph (2); and
(B) detailed information on how certification determinations
described in paragraph (2)(F) made the previous year
affected achievement of the objectives set forth in
paragraph (2) for the previous calendar year.
(4) LIMITATION ON DELEGATION- The Secretary shall designate an
official in the Department who reports directly to the Secretary
to oversee the implementation of the strategy throughout the
Department.
(b) INFORMATION ON INTERNATIONAL CRIMINALS-
(1) INFORMATION SYSTEM- The Secretary shall, in consultation with
the heads of appropriate United States law enforcement agencies,
including the Attorney General and the Secretary of the Treasury,
take appropriate actions to establish an information system or
improve existing information systems containing comprehensive
information on serious crimes committed by foreign nationals. The
information system shall be available to United States embassies
and missions abroad for use in consideration of applications for
visas for entry into the United States.
(2) REPORT- Not later than 180 days after the date of enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the actions taken under
paragraph (1).
(c) OVERSEAS COORDINATION OF COUNTERDRUG AND ANTICRIME PROGRAMS,
POLICY, AND ASSISTANCE-
(1) STRENGTHENING COORDINATION- The responsibilities of every
diplomatic mission of the United States shall include the
strengthening of cooperation between and among the United States
and foreign governmental entities and multilateral entities with
respect to activities relating to international narcotics and
crime.
(2) DESIGNATION OF OFFICERS-
(A) IN GENERAL- Consistent with existing memoranda of
understanding between the Department of State and other
departments and agencies of the United States, including the
Department of Justice, the chief of mission of every
diplomatic mission of the United States shall designate an
officer or officers within the mission to carry out the
responsibility of the mission under paragraph (1), including
the coordination of counterdrug, law enforcement, rule of
law, and administration of justice programs, policy, and
assistance. Such officer or officers shall report to the
chief of mission, or the designee of the chief of mission,
on a regular basis regarding activities undertaken in
carrying out such responsibility.
(B) REPORTS- The chief of mission of every diplomatic
mission of the United States shall submit to the Secretary
on a regular basis a report on the actions undertaken by the
mission to carry out such responsibility.
(3) REPORT TO CONGRESS- Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a report
on the status of any proposals for action or on action undertaken
to improve staffing and personnel management at diplomatic
missions of the United States in order to carry out the
responsibility set forth in paragraph (1).
SEC. 1215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.
The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is
amended by adding at the end the following new section:
`SEC. 12. Not later than March 1 of each year, the Secretary of State
shall submit to Congress a report listing overseas United States
surplus properties that are administered under this Act and that have
been identified for sale.'.
SEC. 1216. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended--
(1) by striking `January 31' and inserting `February 25';
(2) redesignating paragraphs (3), (4), and (5) as paragraphs (4),
(5), and (6), respectively; and
(3) by inserting after paragraph (2) the following new paragraph:
`(3) the status of child labor practices in each country,
including--
`(A) whether such country has adopted policies to protect
children from exploitation in the workplace, including a
prohibition of forced and bonded labor and policies
regarding acceptable working conditions; and
`(B) the extent to which each country enforces such
policies, including the adequacy of the resources and
oversight dedicated to such policies;'.
SEC. 1217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
`SEC. 56. CRIMES COMMITTED BY DIPLOMATS.
`(a) ANNUAL REPORT CONCERNING DIPLOMATIC IMMUNITY-
`(1) REPORT TO CONGRESS- 180 days after the date of enactment,
and annually thereafter, the Secretary of State shall prepare and
submit to the Congress, a report concerning diplomatic immunity
entitled `Report on Cases Involving Diplomatic Immunity'.
`(2) CONTENT OF REPORT- In addition to such other information as
the Secretary of State may consider appropriate, the report under
paragraph (1) shall include the following:
`(A) The number of persons residing in the United States who
enjoy full immunity from the criminal jurisdiction of the
United States under laws extending diplomatic privileges and
immunities.
`(B) Each case involving an alien described in subparagraph
(A) in which an appropriate authority of a State, a
political subdivision of a State, or the United States
reported to the Department of State that the authority had
reasonable cause to believe the alien committed a serious
criminal offense within the United States, and any
additional information provided to the Secretary relating to
other serious criminal offenses that any such authority had
reasonable cause to believe the alien committed before the
period covered by the report. The Secretary may omit from
such report any matter the provision of which the Secretary
reasonably believes would compromise a criminal
investigation or prosecution or which would directly
compromise law enforcement or intelligence sources or
methods.
`(C) Each case described in subparagraph (B) in which the
Secretary of State has certified that a person enjoys full
immunity from the criminal jurisdiction of the United States
under laws extending diplomatic privileges and immunities.
`(D) The number of United States citizens who are residing
in a receiving state and who enjoy full immunity from the
criminal jurisdiction of such state under laws extending
diplomatic privileges and immunities.
`(E) Each case involving a United States citizen under
subparagraph (D) in which the United States has been
requested by the government of a receiving state to waive
the immunity from criminal jurisdiction of the United States
citizen.
`(F) Whether the Secretary has made the notifications
referred to in subsection (c) during the period covered by
the report.
`(3) SERIOUS CRIMINAL OFFENSE DEFINED- For the purposes of this
section, the term `serious criminal offense' means--
`(A) any felony under Federal, State, or local law;
`(B) any Federal, State, or local offense punishable by a
term of imprisonment of more than 1 year;
`(C) any crime of violence as defined for purposes of
section 16 of title 18, United States Code; or
`(D)(i) driving under the influence of alcohol or drugs;
`(ii) reckless driving; or
`(iii) driving while intoxicated.
`(b) UNITED STATES POLICY CONCERNING REFORM OF DIPLOMATIC IMMUNITY- It
is the sense of the Congress that the Secretary of State should
explore, in appropriate fora, whether states should enter into
agreements and adopt legislation--
`(1) to provide jurisdiction in the sending state to prosecute
crimes committed in the receiving state by persons entitled to
immunity from criminal jurisdiction under laws extending
diplomatic privileges and immunities; and
`(2) to provide that where there is probable cause to believe
that an individual who is entitled to immunity from the criminal
jurisdiction of the receiving state under laws extending
diplomatic privileges and immunities committed a serious crime,
the sending state will waive such immunity or the sending state
will prosecute such individual.
`(c) NOTIFICATION OF DIPLOMATIC CORPS- The Secretary should
periodically notify each foreign mission of United States policies
relating to criminal offenses committed by individuals with immunity
from the criminal jurisdiction of the United States under laws
extending diplomatic privileges and immunities.'.
SEC. 1218. REAFFIRMING UNITED STATES INTERNATIONAL TELECOMMUNICATIONS
POLICY.
(a) PROCUREMENT POLICY- It is the policy of the United States to
foster and support procurement of goods and services from private,
commercial companies.
(b) IMPLEMENTATION- In order to achieve the policy set forth in
subsection (a), the Diplomatic Telecommunications Service Program
Office (DTS-PO) shall--
(1) utilize full and open competition, to the maximum extent
practicable, in the procurement of telecommunications services,
including satellite space segment, for the Department of State
and each other Federal entity represented at United States
diplomatic missions and consular posts overseas;
(2) make every effort to ensure and promote the participation in
the competition for such procurement of commercial private sector
providers of satellite space segment who have no ownership or
other connection with an intergovernmental satellite
organization; and
(3) implement the competitive procedures required by paragraphs
(1) and (2) at the prime contracting level and, to the maximum
extent practicable, the subcontracting level.
SEC. 1219. REDUCTION OF REPORTING.
(a) REPEALS- The following provisions of law are repealed:
(1) MODEL FOREIGN LANGUAGE COMPETENCE POSTS- The second sentence
of section 161(c) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 4171 note).
(2) ACTIONS OF THE GOVERNMENT OF HAITI- Section 705(c) of the
International Security and Development Cooperation Act of 1985
(Public Law 99-83).
(3) TRAINING FACILITY FOR THE FOREIGN SERVICE INSTITUTE- Section
123(e)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93).
(4) MILITARY ASSISTANCE FOR HAITI- Section 203(c) of the Special
Foreign Assistance Act of 1986 (Public Law 99-529).
(5) INTERNATIONAL SUGAR AGREEMENT, 1977- Section 5 of the Act
entitled `An Act providing for the implementation of the
International Sugar Agreement, 1977, and for other purposes'
(Public Law 96-236; 7 U.S.C. 3605 and 3606).
(6) AUDIENCE SURVEY OF WORLDNET PROGRAM- Section 209(c) and (d)
of the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (Public Law 100-204).
(7) RESEARCH ON THE NEAR AND MIDDLE EAST- Section 228(b) of the
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138; 22 U.S.C. 2452 note).
(b) PROGRESS TOWARD REGIONAL NONPROLIFERATION- Section 620F(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to
periodic reports on progress toward regional nonproliferation) is
amended by striking `Not later than April 1, 1993 and every six months
thereafter,' and inserting `Not later than April 1 of each year,'.
(c) REPORT ON PARTICIPATION BY UNITED STATES MILITARY PERSONNEL ABROAD
IN UNITED STATES ELECTIONS- Section 101(b)(6) of the Uniformed and
Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C. 1973ff(b)(6))
is amended by striking `of voter participation' and inserting `of
uniformed services voter participation, a general assessment of
overseas nonmilitary participation,'.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 1221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT
SERVICES.
For each of the fiscal years 1998 and 1999, of the fees collected for
expedited passport processing and deposited to an offsetting
collection pursuant to title V of the Department of State and Related
Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103-317;
22 U.S.C. 214 note), 30 percent shall be available only for enhancing
passport services for United States citizens, improving the integrity
and efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud,
and deterring entry into the United States by terrorists, drug
traffickers, or other criminals.
SEC. 1222. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in paragraph (2), by striking `providing consular services'
and inserting `the Department of State's border security program,
including the costs of the installation and operation of the
machine readable visa and automated name-check process, improving
the quality and security of the United States passport,
investigations of passport and visa fraud, and the technological
infrastructure to support the programs referred to in this
sentence';
(2) by striking the first sentence of paragraph (3) and inserting
`For each of the fiscal years 1998 and 1999, any amount collected
under paragraph (1) that exceeds $140,000,000 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
(3) by striking paragraphs (4) and (5).
SEC. 1223. CONSULAR OFFICERS.
(a) PERSONS AUTHORIZED TO ISSUE REPORTS OF BIRTHS ABROAD- Section 33
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705)
is amended in paragraph (2) by adding at the end the following: `For
purposes of this paragraph, the term `consular officer' includes any
United States citizen employee of the Department of State who is
designated by the Secretary of State to adjudicate nationality abroad
pursuant to such regulations as the Secretary may prescribe.'.
(b) PROVISIONS APPLICABLE TO CONSULAR OFFICERS- Section 1689 of the
Revised Statutes (22 U.S.C. 4191) is amended by inserting `and to such
other United States citizen employees of the Department of State as
may be designated by the Secretary of State pursuant to such
regulations as the Secretary may prescribe' after `such officers'.
(c) PERSONS AUTHORIZED TO AUTHENTICATE FOREIGN DOCUMENTS-
(1) DESIGNATED UNITED STATES CITIZENS PERFORMING NOTARIAL ACTS-
Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221)
is further amended by inserting after the first sentence: `At any
post, port, or place where there is no consular officer, the
Secretary of State may authorize any other officer or employee of
the United States Government who is a United States citizen
serving overseas, including any contract employee of the United
States Government, to perform such acts, and any such contractor
so authorized shall not be considered to be a consular officer.'.
(2) DEFINITION OF CONSULAR OFFICERS- Section 3492(c) of title 18,
United States Code, is amended by adding at the end the
following: `For purposes of this section and sections 3493
through 3496 of this title, the term `consular officers' includes
any United States citizen who is designated to perform notarial
functions pursuant to section 1750 of the Revised Statutes, as
amended (22 U.S.C. 4221).'.
(d) PERSONS AUTHORIZED TO ADMINISTER OATHS- Section 115 of title 35,
United States Code, is amended by adding at the end the following:
`For purposes of this section, a consular officer shall include any
United States citizen serving overseas, authorized to perform notarial
functions pursuant to section 1750 of the Revised Statutes, as amended
(22 U.S.C. 4221).'.
(e) DEFINITION OF CONSULAR OFFICER- Section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by--
(1) inserting `or employee' after `officer' the second place it
appears; and
(2) inserting before the period at the end of the sentence `or,
when used in title III, for the purpose of adjudicating
nationality'.
(f) TRAINING FOR EMPLOYEES PERFORMING CONSULAR FUNCTIONS- Section 704
of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by
adding at the end the following new subsection:
`(d)(1) Before a United States citizen employee (other than a
diplomatic or consular officer of the United States) may be designated
by the Secretary of State, pursuant to regulation, to perform a
consular function abroad, the United States citizen employee shall--
`(A) be required to complete successfully a program of training
essentially equivalent to the training that a consular officer
who is a member of the Foreign Service would receive for purposes
of performing such function; and
`(B) be certified by an appropriate official of the Department of
State to be qualified by knowledge and experience to perform such
function.
`(2) As used in this subsection, the term `consular function' includes
the issuance of visas, the performance of notarial and other
legalization functions, the adjudication of passport applications, the
adjudication of nationality, and the issuance of citizenship
documentation.'.
SEC. 1224. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.
Sections 1726, 1727, and 1728 of the Revised Statutes of the United
States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to
accounting for consular fees) are repealed.
SEC. 1225. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR TRAVEL
ADVISORIES.
(a) FOREIGN AIRPORTS- Section 44908(a) of title 49, United States
Code, is amended--
(1) by inserting `and' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) FOREIGN PORTS- Section 908(a) of the International Maritime and
Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is amended by
striking the second sentence, relating to Federal Register publication
by the Secretary of State.
SEC. 1226. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.
(a) DENIAL OF VISAS- Except as otherwise provided in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(Public Law 104-114), and subject to subsection (b), the Secretary of
State may deny the issuance of a visa to any alien who--
(1) through the abuse of position, including a governmental or
political party position, converts or has converted for personal
gain real property that has been confiscated or expropriated, a
claim to which is owned by a national of the United States, or
who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
(b) EXCEPTIONS- Subsection (a) shall not apply to--
(1) any country established by international mandate through the
United Nations; or
(2) any territory recognized by the United States Government to
be in dispute.
(c) REPORTING REQUIREMENT- Not later than 6 months after the date of
enactment of this Act, and every 12 months thereafter, the Secretary
of State shall submit to the Speaker of the House of Representatives
and to the Chairman of the Committee on Foreign Relations of the
Senate a report, including--
(1) a list of aliens who have been denied a visa under this
subsection; and
(2) a list of aliens who could have been denied a visa under
subsection (a) but were issued a visa and an explanation as to
why each such visa was issued.
SEC. 1227. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL CHILD
ABDUCTOR.
(a) AMENDMENT OF IMMIGRATION AND NATIONALITY ACT- Section
212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)) is amended by striking clause (ii) and inserting the
following:
`(ii) ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF
ABDUCTORS- Any alien who--
`(I) is known by the Secretary of State to have
intentionally assisted an alien in the conduct
described in clause (i);
`(II) is known by the Secretary of State to be
intentionally providing material support or safe
haven to an alien described in clause (i); or
`(III) is a spouse (other than the spouse who is
the parent of the abducted child), child (other
than the abducted child), parent, sibling, or
agent of an alien described in clause (i), if such
person has been designated by the Secretary of
State at the Secretary's sole and unreviewable
discretion,
is inadmissible until the child described in clause (i)
is surrendered to the person granted custody by the
order described in that clause, and such person and
child are permitted to return to the United States or
such person's place of residence.
`(iii) EXCEPTIONS- Clauses (i) and (ii) shall not
apply--
`(I) to a government official of the United States
who is acting within the scope of his or her
official duties;
`(II) to a government official of any foreign
government if the official has been designated by
the Secretary of State at the Secretary's sole and
unreviewable discretion; or
`(III) so long as the child is located in a
foreign state that is a party to the Convention on
the Civil Aspects of International Child
Abduction, done at The Hague on October 25,
1980.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply
to aliens seeking admission to the United States on or after the date
of enactment of this Act.
SEC. 1228. HAITI; EXCLUSION OF CERTAIN ALIENS; REPORTING REQUIREMENTS.
(a) GROUNDS FOR EXCLUSION- Except as provided in subsection (c), a
consular officer shall not issue a visa to, and the Attorney General
shall exclude from the United States, any alien who the Secretary of
State, in the Secretary's sole and unreviewable discretion, has reason
to believe is a person who--
(1) has been credibly alleged to have ordered, carried out, or
materially assisted, in the extrajudicial and political killings
of Antoine Izmery, Guy Malary, Father Jean-Marie Vincent, Pastor
Antoine Leroy, Jacques Fleurival, Mireille Durocher Bertin,
Eugene Baillergeau, Michelange Hermann, Max Mayard, Romulus
Dumarsais, Claude Yves Marie, Mario Beaubrun, Leslie Grimar,
Joseph Chilove, Michel Gonzalez, and Jean-Hubert Feuille;
(2) was included in the list presented to former president
Jean-Bertrand Aristide by former National Security Council
Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted, in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4)(A) was a member of the Haitian High Command during the period
1991-1994, who has been credibly alleged to have planned,
ordered, or participated with members of the Haitian armed forces
in the September 1991 coup against the duly elected Government of
Haiti or the subsequent murders of as many as three thousand
Haitians during that period; or
(B) is an immediate relative of an individual described in
subparagraph (A); or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered, or
participated in acts of violence against the Haitian people.
(b) EXEMPTION- Subsection (a) shall not apply where the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of the person who would otherwise be excluded under subsection
(a) is necessary for medical reasons, or such person has cooperated
fully with the investigation of the political murders or acts of
violence described in subsection (a). If the Secretary of State
exempts such a person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) REPORTING REQUIREMENT ON EXCLUSION OF CERTAIN HAITIAN ALIENS-
(1) PREPARATION OF LIST- The United States chief of mission in
Haiti shall provide the Secretary of State a list of those who
have been credibly alleged to have ordered or carried out the
extrajudicial and political killings referred to in paragraph (1)
of subsection (a).
(2) SUBMISSION OF LIST TO CONGRESS- Not later than 3 months after
the date of enactment of this Act, the Secretary of State shall
submit the list provided under paragraph (1) to the appropriate
congressional committees.
(3) LISTS OF VISA DENIALS AND EXCLUSIONS- The Secretary of State
shall submit to the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate and the Committee on
International Relations and the Committee on the Judiciary of the
House of Representatives a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States,
as a result of subsection (a).
(4) DURATION FOR SUBMISSION OF LISTS- The Secretary shall submit
the list under paragraph (3) not later than 6 months after the
date of enactment of this Act and not later than March 1 of each
year thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and political
killings and has not prosecuted those implicated for the killings
specified in paragraph (1) of subsection (a).
(d) REPORT ON THE COST OF UNITED STATES ACTIVITIES IN HAITI- (1) Not
later than September 1, 1998, and every 6 months thereafter, the
President shall submit a report to Congress on the situation in Haiti,
including--
(A) a listing of the units of the United States Armed Forces or
Coast Guard and of the police and military units of other nations
participating in operations in and around Haiti;
(B) incidents of the use of force in Haiti involving hostile acts
against United States Armed Forces or Coast Guard personnel
during the period covered by the report;
(C) the estimated cumulative program costs of all United States
activities in Haiti during the period covered by the report,
including--
(i) the incremental cost of deployments of United States
Armed Forces and Coast Guard personnel training, exercises,
mobilization, and preparation activities, including the
United States contribution to the training and
transportation of police and military units of other nations
of any multilateral force involved in activities in Haiti;
(ii) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian
assistance, reconstruction assistance, assistance under part
I of the Foreign Assistance Act of 1961, and other financial
assistance, and all other costs to the United States
Government; and
(D) a detailed accounting of the source of funds obligated or
expended to meet the costs described in paragraph (3),
including--
(i) in the case of amounts expended out of funds available
to the Department of Defense budget, by military service or
defense agency, line item, and program; and
(ii) in the case of amounts expended out of funds available
to departments and agencies other than the Department of
Defense, by department or agency and program.
(2) DEFINITION- In this section, the term `period covered by the
report' means the 6-month period prior to the date the report is
required to be submitted, except that, in the case of the initial
report, the term means the period since the date of enactment of the
Foreign Relations Authorization Act, Fiscal Years 1998 and 1999.
CHAPTER 3--REFUGEES AND MIGRATION
Subchapter A--Authorization of Appropriations
SEC. 1231. 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, $650,000,000 for the fiscal year 1998 and
$704,500,000 for the fiscal year 1999.
(2) LIMITATIONS-
(A) LIMITATION REGARDING 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
1998 and $2,000,000 for the fiscal year 1999 are 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), $80,000,000 for the
fiscal year 1998 and $80,000,000 for the fiscal year 1999
are authorized to be available 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),
$1,500,000 for the fiscal year 1998 and $1,500,000 for the
fiscal year 1999 for humanitarian assistance are authorized
to be available, 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.
(b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to this section
are authorized to remain available until expended.
Subchapter B--Authorities
SEC. 1241. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) IN GENERAL- None of the funds made available by this division
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 section 1231 of this Act or by section 2(c) of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available
to effect the involuntary return of any person to 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. 1242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF
PERSONS IN DANGER OF SUBJECTION TO TORTURE.
(a) POLICY- It shall be the policy of the United States not to expel,
extradite, or otherwise effect the involuntary return of any person to
a country in which there are substantial grounds for believing the
person would be in danger of being subjected to torture, regardless of
whether the person is physically present in the United States.
(b) REGULATIONS- Not later than 120 days after the date of enactment
of this Act, the heads of the appropriate agencies shall prescribe
regulations to implement the obligations of the United States under
Article 3 of the United Nations Convention Against Torture and Other
Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject
to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of
the Convention.
(c) EXCLUSION OF CERTAIN ALIENS- To the maximum extent consistent with
the obligations of the United States under the Convention, subject to
any reservations, understandings, declarations, and provisos contained
in the United States Senate resolution of ratification of the
Convention, the regulations described in subsection (b) shall exclude
from the protection of such regulations aliens described in section
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)).
(d) REVIEW AND CONSTRUCTION- Notwithstanding any other provision of
law, and except as provided in the regulations described in subsection
(b), no court shall have jurisdiction to review the regulations
adopted to implement this section, and nothing in this section shall
be construed as providing any court jurisdiction to consider or review
claims raised under the Convention or this section, or any other
determination made with respect to the application of the policy set
forth in subsection (a), except as part of the review of a final order
of removal pursuant to section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252).
(e) AUTHORITY TO DETAIN- Nothing in this section shall be construed as
limiting the authority of the Attorney General to detain any person
under any provision of law, including, but not limited to, any
provision of the Immigration and Nationality Act.
(f) DEFINITIONS-
(1) CONVENTION DEFINED- In this section, the term `Convention'
means the United Nations Convention Against Torture and Other
Forms of Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York on December 10, 1984.
(2) SAME TERMS AS IN THE CONVENTION- Except as otherwise
provided, the terms used in this section have the meanings given
those terms in the Convention, subject to any reservations,
understandings, declarations, and provisos contained in the
United States Senate resolution of ratification of the
Convention.
SEC. 1243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706) is amended--
(1) in subsection (a)--
(A) by striking `Foreign Affairs' and inserting
`International Relations and the Committee on
Appropriations'; and
(B) by inserting `and the Committee on Appropriations' after
`Foreign Relations'; and
(2) by adding at the end the following new subsection:
`(c) The Secretary of State may waive the notification requirement of
subsection (a), if the Secretary determines that failure to do so
would pose a substantial risk to human health or welfare. In the case
of any waiver under this subsection, notification to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate
and the Committee on International Relations and the Committee on
Appropriations of the House of Representatives shall be provided as
soon as practicable, but not later than 3 days after taking the action
to which the notification requirement was applicable, and shall
contain an explanation of the emergency circumstances.'.
SEC. 1244. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat.
3009-171) is amended--
(1) in subsection (a)--
(A) by striking `For purposes' and inserting
`Notwithstanding any other provision of law, for purposes';
and
(B) by striking `fiscal year 1997' and inserting `fiscal
years 1997 and 1998'; and
(2) by amending subsection (b) to read as follows:
`(b) ALIENS COVERED-
`(1) IN GENERAL- An alien described in this subsection is an
alien who--
`(A) is the son or daughter of a qualified national;
`(B) is 21 years of age or older; and
`(C) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
`(2) QUALIFIED NATIONAL- For purposes of paragraph (1), the term
`qualified national' means a national of Vietnam who--
`(A)(i) was formerly interned in a reeducation camp in
Vietnam by the Government of the Socialist Republic of
Vietnam; or
`(ii) is the widow or widower of an individual described in
clause (i); and
`(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
`(ii) on or after April 1, 1995, is or has been accepted--
`(I) for resettlement as a refugee; or
`(II) for admission as an immigrant under the Orderly
Departure Program.'.
SEC. 1245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning not later than 6 months after the date of enactment of this
Act, and every 6 months thereafter, the Secretary of State shall
supplement the monthly report to Congress entitled `Update on
Monitoring of Cuban Migrant Returnees' with additional information
concerning the methods employed by the Government of Cuba to enforce
the United States-Cuba agreement of September 1994 and the treatment
by the Government of Cuba of persons who have returned to Cuba
pursuant to the United States-Cuba agreement of May 1995.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE
PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.
(a) ESTABLISHMENT- Section 1 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:
`(f) COORDINATOR FOR COUNTERTERRORISM-
`(1) IN GENERAL- There is within the office of the Secretary of
State a Coordinator for Counterterrorism (in this paragraph
referred to as the `Coordinator') who shall be appointed by the
President, by and with the advice and consent of the Senate.
`(2) DUTIES-
`(A) IN GENERAL- The Coordinator shall perform such duties
and exercise such powers as the Secretary of State shall
prescribe.
`(B) DUTIES DESCRIBED- The principal duty of the Coordinator
shall be the overall supervision (including policy oversight
of resources) of international counterterrorism activities.
The Coordinator shall be the principal adviser to the
Secretary of State on international counterterrorism
matters. The Coordinator shall be the principal
counterterrorism official within the senior management of
the Department of State and shall report directly to the
Secretary of State.
`(3) RANK AND STATUS OF AMBASSADOR- The Coordinator shall have
the rank and status of Ambassador at Large.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS- Section 161 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended by striking subsection (e).
SEC. 1302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR
BURDENSHARING.
Section 161 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2651a note) is amended by striking subsection
(f).
SEC. 1303. PERSONNEL MANAGEMENT.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this Act, is further amended by adding at
the end the following new subsection:
`(g) QUALIFICATIONS OF OFFICER HAVING PRIMARY RESPONSIBILITY FOR
PERSONNEL MANAGEMENT- The officer of the Department of State with
primary responsibility for assisting the Secretary of State with
respect to matters relating to personnel in the Department of State,
or that officer's principal deputy, shall have substantial
professional qualifications in the field of human resource policy and
management.'.
SEC. 1304. DIPLOMATIC SECURITY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this Act, is further amended by adding at
the end the following new subsection:
`(h) QUALIFICATIONS OF OFFICER HAVING PRIMARY RESPONSIBILITY FOR
DIPLOMATIC SECURITY- The officer of the Department of State with
primary responsibility for assisting the Secretary of State with
respect to diplomatic security, or that officer's principal deputy,
shall have substantial professional qualifications in the fields of:
(1) management; and (2) Federal law enforcement, intelligence, or
security.'.
SEC. 1305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE
DEPARTMENT OF STATE.
(a) UNDER SECRETARIES-
(1) IN GENERAL- Section 1(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by
striking `5' and inserting `6'.
(2) CONFORMING AMENDMENT TO TITLE 5- Section 5314 of title 5,
United States Code, is amended by striking `Under Secretaries of
State (5)' and inserting `Under Secretaries of State (6)'.
(b) ASSISTANT SECRETARIES-
(1) IN GENERAL- Section 1(c)(1) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended by
striking `20' and inserting `24'.
(2) CONFORMING AMENDMENT TO TITLE 5- Section 5315 of title 5,
United States Code, is amended by striking `Assistant Secretaries
of State (20)' and inserting `Assistant Secretaries of State
(24)'.
(c) DEPUTY ASSISTANT SECRETARIES- Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this
Act, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 1306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF
STATE.
(a) UNDER SECRETARIES OF STATE- Section 1(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this
Act, is further amended by adding at the end the following new
paragraph:
`(4) NOMINATION OF UNDER SECRETARIES- Whenever the President
submits to the Senate a nomination of an individual for
appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
particular Under Secretary position in the Department of State
that the individual shall have.'.
(b) ASSISTANT SECRETARIES OF STATE- Section 1(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as
amended by this Act, is further amended by adding at the end the
following new paragraph:
`(3) NOMINATION OF ASSISTANT SECRETARIES- Whenever the President
submits to the Senate a nomination of an individual for
appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
regional or functional bureau or bureaus of the Department of
State with respect to which the individual shall have
responsibility.'.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 1311. FOREIGN SERVICE REFORM.
(a) PERFORMANCE PAY- Section 405 of the Foreign Service Act of 1980
(22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking `Members' and inserting
`Subject to subsection (e), members'; and
(2) by adding at the end the following new subsection:
`(e) Notwithstanding any other provision of law, the Secretary of
State may provide for recognition of the meritorious or distinguished
service of any member of the Foreign Service described in subsection
(a) (including any member of the Senior Foreign Service) by means
other than an award of performance pay in lieu of making such an award
under this section.'.
(b) EXPEDITED SEPARATION OUT-
(1) SEPARATION OF LOWEST RANKED FOREIGN SERVICE MEMBERS- Not
later than 90 days after the date of enactment of this Act, the
Secretary of State shall develop and implement procedures to
identify, and recommend for separation, any member of the Foreign
Service ranked by promotion boards of the Department of State in
the bottom 5 percent of his or her class for 2 or more of the 5
years preceding the date of enactment of this Act (in this
subsection referred to as the `years of lowest ranking') if the
rating official for such member was not the same individual for
any two of the years of lowest ranking.
(2) SPECIAL INTERNAL REVIEWS- In any case where the member was
evaluated by the same rating official in any 2 of the years of
lowest ranking, an internal review of the member's file shall be
conducted to determine whether the member should be considered
for action leading to separation.
(3) PROCEDURES- The Secretary of State shall develop procedures
for the internal reviews required under paragraph (2).
SEC. 1312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.
(a) BENEFITS- Section 609 of the Foreign Service Act of 1980 (22
U.S.C. 4009) is amended--
(1) in subsection (a)(2)(A), by inserting `or any other
applicable provision of chapter 84 of title 5, United States
Code,' after `section 811';
(2) in subsection (a), by inserting `or section 855, as
appropriate' after `section 806'; and
(3) in subsection (b)(2)--
(A) by striking `(2)' and inserting `(2)(A) for those
participants in the Foreign Service Retirement and
Disability System,'; and
(B) by inserting before the period at the end `; and (B) for
those participants in the Foreign Service Pension System,
benefits as provided in section 851'; and
(4) in subsection (b) in the matter following paragraph (2), by
inserting `(for participants in the Foreign Service Retirement
and Disability System) or age 62 (for participants in the Foreign
Service Pension System)' after `age 60'.
(b) ENTITLEMENT TO ANNUITY- Section 855(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4071d(b)) is amended--
(1) in paragraph (1)--
(A) by inserting `611,' after `608,';
(B) by inserting `or for participants in the Foreign Service
Pension System,' after `for participants in the Foreign
Service Retirement and Disability System'; and
(C) by striking `Service shall' and inserting `Service,
shall'; and
(2) in paragraph (3), by striking `or 610' and inserting `610, or
611'.
(c) EFFECTIVE DATES-
(1) IN GENERAL- Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
(2) EXCEPTIONS- The amendments made by paragraphs (2) and (3) of
subsection (a) and paragraphs (1)(A) and (2) of subsection (b)
shall apply with respect to any actions taken under section 611
of the Foreign Service Act of 1980 on or after January 1, 1996.
SEC. 1313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE
FOREIGN SERVICE.
Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4010(a)(2)) is amended in the first sentence by striking `A member'
and inserting `Except in the case of an individual who has been
convicted of a crime for which a sentence of imprisonment of more than
1 year may be imposed, a member'.
SEC. 1314. CAREER COUNSELING.
(a) IN GENERAL- Section 706(a) of the Foreign Service Act of 1980 (22
U.S.C. 4026(a)) is amended by adding at the end the following new
sentence: `Career counseling and related services provided pursuant to
this Act shall not be construed to permit an assignment that consists
primarily of paid time to conduct a job search and without other
substantive duties for more than one month.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall be
effective 180 days after the date of the enactment of this Act.
SEC. 1315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
`(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' does not include--
`(A) any chief of mission;
`(B) any principal officer or deputy principal officer;
`(C) any administrative or personnel officer abroad; or
`(D) any individual described in section 1002(12)(B), (C),
or (D) who is not involved in the administration of this
chapter or in the formulation of the personnel policies and
programs of the Department.'.
SEC. 1316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN THE
DIPLOMATIC SECURITY SERVICE.
(a) IN GENERAL- Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
`(k)(1) For purposes of this section, the term `criminal investigator'
includes a special agent occupying a position under title II of Public
Law 99-399 if such special agent--
`(A) meets the definition of such term under paragraph (2) of
subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
`(B) such special agent satisfies the requirements of subsection
(d) without taking into account any hours described in paragraph
(2)(B) thereof.
`(2) In applying subsection (h) with respect to a special agent under
this subsection--
`(A) any reference in such subsection to `basic pay' shall be
considered to include amounts designated as `salary';
`(B) paragraph (2)(A) of such subsection shall be considered to
include (in addition to the provisions of law specified therein)
sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act
of 1980; and
`(C) paragraph (2)(B) of such subsection shall be applied by
substituting for `Office of Personnel Management' the following:
`Office of Personnel Management or the Secretary of State (to the
extent that matters exclusively within the jurisdiction of the
Secretary are concerned)'.'.
(b) IMPLEMENTATION- Not later than the date on which the amendments
made by this section take effect, each special agent of the Diplomatic
Security Service who satisfies the requirements of subsection (k)(1)
of section 5545a of title 5, United States Code, as amended by this
section, and the appropriate supervisory officer, to be designated by
the Secretary of State, shall make an initial certification to the
Secretary of State that the special agent is expected to meet the
requirements of subsection (d) of such section 5545a. The Secretary of
State may prescribe procedures necessary to administer this
subsection.
(c) TECHNICAL AND CONFORMING AMENDMENTS- (1) Paragraph (2) of section
5545a(a) of title 5, United States Code, is amended (in the matter
before subparagraph (A)) by striking `Public Law 99-399)' and
inserting `Public Law 99-399, subject to subsection (k))'.
(2) Section 5542(e) of such title is amended by striking `title 18,
United States Code,' and inserting `title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,'.
(d) EFFECTIVE DATE- The amendments made by this section shall take
effect on the first day of the first applicable pay period--
(1) which begins on or after the 90th day following the date of
the enactment of this Act; and
(2) on which date all regulations necessary to carry out such
amendments are (in the judgment of the Director of the Office of
Personnel Management and the Secretary of State) in effect.
SEC. 1317. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth sentence
the following new sentence: `For employees serving outside the
United States in areas where Sunday is a routine workday and
another day of the week is officially recognized as the day of
rest and worship, the Secretary of State may designate the
officially recognized day of rest and worship as the day with
respect to which the preceding sentence shall apply instead of
Sunday.'; and
(2) at the end of section 5546(a), by adding the following new
sentence: `For employees serving outside the United States in
areas where Sunday is a routine workday and another day of the
week is officially recognized as the day of rest and worship, the
Secretary of State may designate the officially recognized day of
rest and worship as the day with respect to which the preceding
sentence shall apply instead of Sunday.'.
SEC. 1318. REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE.
The Secretary of State shall during each of calendar years 1998 and
1999 submit a report to the Congress concerning minorities and the
Foreign Service officer corps. In addition to such other information
as is relevant to this issue, the report shall include the following
data for the last preceding examination and promotion cycles for which
such information is available (reported in terms of real numbers and
percentages and not as ratios):
(1) The numbers and percentages of all minorities taking the
written Foreign Service examination.
(2) The numbers and percentages of all minorities successfully
completing and passing the written Foreign Service examination.
(3) The numbers and percentages of all minorities successfully
completing and passing the oral Foreign Service examination.
(4) The numbers and percentages of all minorities entering the
junior officers class of the Foreign Service.
(5) The numbers and percentages of all minority Foreign Service
officers at each grade.
(6) The numbers and percentages of minorities promoted at each
grade of the Foreign Service officer corps.
TITLE XIV--UNITED STATES INFOR-MATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 1401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.
The following amounts are authorized to be appropriated to carry out
international information activities and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio Broadcasting to Cuba
Act, the Television Broadcasting to Cuba Act, the Board for
International Broadcasting Act, the 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) SALARIES AND EXPENSES- For `Salaries and Expenses',
$431,000,000 for the fiscal year 1998 and $457,146,000 for the
fiscal year 1999.
(2) TECHNOLOGY FUND- For the `Technology Fund' for the United
States Information Agency, $5,050,000 for the fiscal year 1998
and $5,050,000 for the fiscal year 1999.
(3) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-
(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS-
(i) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS- There are
authorized to be appropriated for the `Fulbright
Academic Exchange Programs' (other than programs
described in subparagraph (B)), $99,236,000 for the
fiscal year 1998 and $99,236,000 for the fiscal year
1999.
(ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PROGRAMS- Of
the amounts authorized to be appropriated under clause
(i), $5,000,000 for the fiscal year 1998 and $5,000,000
for the fiscal year 1999 are authorized to be available
for the Vietnam scholarship program established by
section 229 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138).
(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, $100,764,000 for the fiscal year
1998 and $100,764,000 for the fiscal year 1999.
(ii) SOUTH PACIFIC EXCHANGES- Of the amounts authorized
to be appropriated under clause (i), $500,000 for the
fiscal year 1998 and $500,000 for the fiscal year 1999
are 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 1998 and $500,000 for the
fiscal year 1999 are 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 1998 and $500,000 for the fiscal year 1999 are
authorized to be available for `Educational and
Cultural Exchanges with Tibet' under section 236 of the
Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236).
(4) INTERNATIONAL BROADCASTING ACTIVITIES-
(A) AUTHORIZATION OF APPROPRIATIONS- For `International
Broadcasting Activities', $344,655,000 for the fiscal year
1998, and $341,655,000 for the fiscal year 1999.
(B) ALLOCATION- Of the amounts authorized to be appropriated
under subparagraph (A), the Director of the United States
Information Agency and the 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.
(5) RADIO CONSTRUCTION- For `Radio Construction', $40,000,000 for
the fiscal year 1998, and $25,308,000 for the fiscal year 1999.
(6) RADIO FREE ASIA- For `Radio Free Asia', $22,000,000 for the
fiscal year 1998 and $22,000,000 for the fiscal year 1999, and an
additional $8,000,000 in fiscal year 1998 for one-time capital
costs.
(7) BROADCASTING TO CUBA- For `Broadcasting to Cuba', $22,095,000
for the fiscal year 1998 and $22,704,000 for the fiscal year
1999.
(8) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST
AND WEST- For the `Center for Cultural and Technical Interchange
between East and West', not more than $12,000,000 for the fiscal
year 1998 and not more than $10,000,000 for the fiscal year 1999.
(9) NATIONAL ENDOWMENT FOR DEMOCRACY- For the `National Endowment
for Democracy', $30,000,000 for the fiscal year 1998 and
$30,000,000 for the fiscal year 1999.
(10) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH- For `Center for Cultural and Technical Interchange
between North and South' not more than $1,500,000 for the fiscal
year 1998 and not more than $1,500,000 for the fiscal year 1999.
CHAPTER 2--AUTHORITIES AND ACTIVITIES
SEC. 1411. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the approval of the
National Endowment for Democracy, grant funds made available by the
National Endowment for Democracy may be deposited in interest-bearing
accounts pending disbursement, and any interest which accrues may be
retained by the grantee without returning such interest to the
Treasury of the United States and interest earned may be obligated and
expended for the purposes for which the grant was made without further
appropriation.
SEC. 1412. USE OF SELECTED PROGRAM FEES.
Section 810 of the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1475e) is amended to read as follows:
`USE OF ENGLISH-TEACHING PROGRAM FEES
`SEC. 810. (a) IN GENERAL- Notwithstanding section 3302 of title 31,
United States Code, or any other law or limitation of authority, fees
and receipts described in subsection (b) are authorized to be credited
each fiscal year for authorized purposes to the appropriate
appropriations of the United States Information Agency to such extent
as may be provided in advance in appropriations Acts.
`(b) FEES AND RECEIPTS DESCRIBED- The fees and receipts described in
this subsection are fees and payments received by or for the use of
the United States Information Agency from or in connection with--
`(1) English-teaching and library services;
`(2) educational advising and counseling;
`(3) Exchange Visitor Program Services;
`(4) advertising and business ventures of the Voice of America
and the International Broadcasting Bureau;
`(5) cooperating international organizations;
`(6) Agency-produced publications; and
`(7) an amount not to exceed $100,000 of the payments from motion
picture and television programs produced or conducted by or on
behalf of the Agency under the authority of this Act or the
Mutual Education and Cultural Exchange Act of 1961.'.
SEC. 1413. MUSKIE FELLOWSHIP PROGRAM.
(a) GUIDELINES- Section 227(c)(5) of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is
amended by inserting `journalism and communications, education
administration, public policy, library and information science,' after
`business administration,' each of the two places it appears.
(b) REDESIGNATION OF SOVIET UNION- Section 227 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452 note) is amended--
(1) in subsections (a), (b), and (c)(5), by striking `Soviet
Union' each place it appears and inserting `independent states of
the former Soviet Union';
(2) in subsection (c)(11), by striking `Soviet republics' and
inserting `independent states of the former Soviet Union'; and
(3) in the section heading, by inserting `independent states of
the former' after `from the'.
SEC. 1414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED
INTERNATIONAL EXCHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460) is amended by adding at the end the following
new subsection:
`(g) WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED INTERNATIONAL
EXCHANGES AND TRAINING- (1) In order to carry out the purposes of
subsection (f) and to improve the coordination, efficiency, and
effectiveness of United States Government-sponsored international
exchanges and training, there is established within the United States
Information Agency a senior-level interagency working group to be
known as the Working Group on United States Government-Sponsored
International Exchanges and Training (in this section referred to as
the `Working Group').
`(2) For purposes of this subsection, the term `Government-sponsored
international exchanges and training' means the movement of people
between countries to promote the sharing of ideas, to develop skills,
and to foster mutual understanding and cooperation, financed wholly or
in part, directly or indirectly, with United States Government funds.
`(3) The Working Group shall be composed as follows:
`(A) The Associate Director for Educational and Cultural Affairs
of the United States Information Agency, who shall act as Chair.
`(B) A senior representative of the Department of State, who
shall be designated by the Secretary of State.
`(C) A senior representative of the Department of Defense, who
shall be designated by the Secretary of Defense.
`(D) A senior representative of the Department of Education, who
shall be designated by the Secretary of Education.
`(E) A senior representative of the Department of Justice, who
shall be designated by the Attorney General.
`(F) A senior representative of the Agency for International
Development, who shall be designated by the Administrator of the
Agency.
`(G) Senior representatives of such other departments and
agencies as the Chair determines to be appropriate.
`(4) Representatives of the National Security Adviser and the Director
of the Office of Management and Budget may participate in the Working
Group at the discretion of the Adviser and the Director, respectively.
`(5) The Working Group shall be supported by an interagency staff
office established in the Bureau of Educational and Cultural Affairs
of the United States Information Agency.
`(6) The Working Group shall have the following purposes and
responsibilities:
`(A) To collect, analyze, and report data provided by all United
States Government departments and agencies conducting
international exchanges and training programs.
`(B) To promote greater understanding and cooperation among
concerned United States Government departments and agencies of
common issues and challenges in conducting international
exchanges and training programs, including through the
establishment of a clearinghouse for information on international
exchange and training activities in the governmental and
nongovernmental sectors.
`(C) In order to achieve the most efficient and cost-effective
use of Federal resources, to identify administrative and
programmatic duplication and overlap of activities by the various
United States Government departments and agencies involved in
Government-sponsored international exchange and training
programs, to identify how each Government-sponsored international
exchange and training program promotes United States foreign
policy, and to report thereon.
`(D)(i) Not later than 1 year after the date of the enactment of
the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999, the Working Group shall develop a coordinated and
cost-effective strategy for all United States
Government-sponsored international exchange and training
programs, including an action plan with the objective of
achieving a minimum of 10 percent cost savings through greater
efficiency, the consolidation of programs, or the elimination of
duplication, or any combination thereof.
`(ii) Not later than 1 year after the date of enactment of the
Foreign Relations Authorization Act, Fiscal Years 1998 and 1999,
the Working Group shall submit a report to the appropriate
congressional committees setting forth the strategy and action
plan required by clause (i).
`(iii) Each year thereafter the Working Group shall assess the
strategy and plan required by clause (i).
`(E) Not later than 2 years after the date of the enactment of
the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999, to develop recommendations on common performance measures
for all United States Government-sponsored international exchange
and training programs, and to issue a report.
`(F) To conduct a survey of private sector international exchange
activities and develop strategies for expanding public and
private partnerships in, and leveraging private sector support
for, United States Government-sponsored international exchange
and training activities.
`(G) Not later than 6 months after the date of the enactment of
the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999, to report on the feasibility and advisability of
transferring funds and program management for the ATLAS or the
Mandela Fellows programs, or both, in South Africa from the
Agency for International Development to the United States
Information Agency. The report shall include an assessment of the
capabilities of the South African Fulbright Commission to manage
such programs and the cost effects of consolidating such programs
under one entity.
`(7) All reports prepared by the Working Group shall be submitted to
the President, through the Director of the United States Information
Agency.
`(8) The Working Group shall meet at least on a quarterly basis.
`(9) All decisions of the Working Group shall be by majority vote of
the members present and voting.
`(10) The members of the Working Group shall serve without additional
compensation for their service on the Working Group. Any expenses
incurred by a member of the Working Group in connection with service
on the Working Group shall be compensated by that member's department
or agency.
`(11) With respect to any report issued under paragraph (6), a member
may submit dissenting views to be submitted as part of the report of
the Working Group.'.
SEC. 1415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS
AND BURMESE.
(a) IN GENERAL- 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--
(1) by striking `for fiscal year 1997' and inserting `for the
fiscal year 1999'; and
(2) by inserting after `who are outside Tibet' the following:
`(if practicable, including individuals active in the
preservation of Tibet's unique culture, religion, and language)'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1998.
SEC. 1416. UNITED STATES-JAPAN COMMISSION.
(a) RELIEF FROM RESTRICTION OF INTERCHANGEABILITY OF FUNDS-
(1) ELIMINATION OF RESTRICTION- Section 6(4) of the Japan-United
States Friendship Act (22 U.S.C. 2905(4)) is amended by striking
`needed, except' and all that follows through `United States' and
inserting `needed'.
(2) AUTHORIZED INVESTMENTS- The second sentence of section 7(b)
of the Japan-United States Friendship Act (22 U.S.C. 2906(b)) is
amended to read as follows: `Such investment may be made only in
interest-bearing obligations of the United States, in obligations
guaranteed as to both principal and interest by the United
States, in interest-bearing obligations of Japan, or in
obligations guaranteed as to both principal and interest by
Japan.'.
(b) REDESIGNATION OF COMMISSION-
(1) REDESIGNATION- Effective on the date of enactment of this
Act, the Japan-United States Friendship Commission shall be
redesignated as the `United States-Japan Commission'. Any
reference in any provision of law, Executive order, regulation,
delegation of authority, or other document to the Japan-United
States Friendship Commission shall be considered to be a
reference to the United States-Japan Commission.
(2) CONFORMING AMENDMENT- The heading of section 4 of the
Japan-United States Friendship Act (22 U.S.C. 2903) is amended to
read as follows:
`UNITED STATES-JAPAN COMMISSION'.
(3) CONFORMING AMENDMENT- The Japan-United States Friendship Act
is amended by striking `Japan-United States Friendship
Commission' each place such term appears and inserting `United
States-Japan Commission'.
(c) REDESIGNATION OF TRUST FUND-
(1) REDESIGNATION- Effective on the date of enactment of this
Act, the Japan-United States Friendship Trust Fund shall be
redesignated as the `United States-Japan Trust Fund'. Any
reference in any provision of law, Executive order, regulation,
delegation of authority, or other document to the Japan-United
States Friendship Trust Fund shall be considered to be a
reference to the United States-Japan Trust Fund.
(2) CONFORMING AMENDMENT- Section 3(a) of the Japan-United States
Friendship Act (22 U.S.C. 2902(a)) is amended by striking
`Japan-United States Friendship Trust Fund' and inserting `United
States-Japan Trust Fund'.
SEC. 1417. SURROGATE BROADCASTING STUDY.
Not later than 6 months after the date of enactment of this Act, the
Broadcasting Board of Governors, acting through the International
Broadcasting Bureau, should conduct and complete a study of the
appropriateness, feasibility, and projected costs of providing
surrogate broadcasting service to Africa and transmit the results of
the study to the appropriate congressional committees.
SEC. 1418. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.
(a) RADIO FREE IRAN- Not more than $2,000,000 of the funds made
available under section 1401(a)(4) of this Act for each of the fiscal
years 1998 and 1999 for grants to RFE/RL, Incorporated, shall be
available only for surrogate radio broadcasting by RFE/RL,
Incorporated, to the Iranian people in the Farsi language, such
broadcasts to be designated as `Radio Free Iran'.
(b) REPORT TO CONGRESS- Not later than 60 days after the date of
enactment of this Act, the Broadcasting Board of Governors of the
United States Information Agency shall submit a detailed report to
Congress describing the costs, implementation, and plans for creation
of the surrogate broadcasting service described in subsection (a).
(c) AVAILABILITY OF FUNDS- None of the funds made available under
subsection (a) may be made available until submission of the report
required under subsection (b).
SEC. 1419. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS.
The Director of the United States Information Agency is authorized to
administer summer travel and work programs without regard to
preplacement requirements.
SEC. 1420. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING APPROPRIATIONS.
Section 701(f) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by striking
paragraph (4).
SEC. 1421. VOICE OF AMERICA BROADCASTS.
(a) IN GENERAL- The Voice of America shall devote programming each day
to broadcasting information on the individual States of the United
States. The broadcasts shall include--
(1) information on the products, tourism, and cultural and
educational facilities of each State;
(2) information on the potential for trade with each State; and
(3) discussions with State officials with respect to the matters
described in paragraphs (1) and (2).
(b) REPORT- Not later than one year after the date of enactment of
this Act, the Broadcasting Board of Governors of the United States
Information Agency shall submit a report to Congress detailing the
actions that have been taken to carry out subsection (a).
(c) STATE DEFINED- In this section, the term `State' means any of the
several States of the United States, the District of Columbia, or any
commonwealth or territory of the United States.
TITLE XV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
SEC. 1501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.
There are authorized to be appropriated for `International Conferences
and Contingencies', $3,500,000 for the fiscal year 1998 and $1,223,000
for the fiscal year 1999 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
conferences and contingencies and to carry out other authorities in
law consistent with such purposes.
SEC. 1502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO ANY NEW
INTERNATIONAL CRIMINAL TRIBUNAL.
(a) PROHIBITION- The United States shall not become a party to any new
international criminal tribunal, nor give legal effect to the
jurisdiction of such a tribunal over any matter described in
subsection (b), except pursuant to--
(1) a treaty made under Article II, section 2, clause 2 of the
Constitution of the United States on or after the date of the
enactment of this Act; or
(2) any statute enacted by Congress on or after the date of the
enactment of this Act.
(b) JURISDICTION DESCRIBED- The jurisdiction described in this section
is jurisdiction over--
(1) persons found, property located, or acts or omissions
committed, within the territory of the United States; or
(2) nationals of the United States, wherever found.
(c) STATUTORY CONSTRUCTION- Nothing in this section precludes sharing
information, expertise, or other forms of assistance with such
tribunal.
(d) DEFINITION- The term `new international criminal tribunal' means
any permanent international criminal tribunal established on or after
the date of the enactment of this Act and does not include--
(1) the International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian
Law in the Territory of the Former Yugoslavia, as established by
United Nations Security Council Resolution 827 of May 25, 1993;
or
(2) the International Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of
Rwanda and Rwandan Citizens Responsible for Genocide and Other
Such Violations Committed in the Territory of Neighboring States,
as established by United Nations Security Council Resolution 955
of November 8, 1994.
SEC. 1503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE INTERPARLIAMENTARY
UNION.
(a) INTERPARLIAMENTARY UNION LIMITATION- Unless the Secretary of State
certifies to Congress that the United States will be assessed not more
than $500,000 for its annual contribution to the Bureau of the
Interparliamentary Union during fiscal year 1999, then effective
October 1, 1999, the authority for further participation by the United
States in the Bureau shall terminate in accordance with subsection
(d).
(b) ELIMINATION OF AUTHORITY TO PAY EXPENSES OF THE AMERICAN GROUP-
Section 1 of the Act entitled `An Act to authorize participation by
the United States in the Interparliamentary Union', approved June 28,
1935 (22 U.S.C. 276) is amended--
(1) in the first sentence--
(A) by striking `fiscal year' and all that follows through
`(1) for' and inserting `fiscal year for';
(B) by striking `; and'; and
(C) by striking paragraph (2); and
(2) by striking the second sentence.
(c) ELIMINATION OF PERMANENT APPROPRIATION- Section 303 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1988 (as contained in section
101(a) of the Continuing Appropriations Act, 1988 (Public Law 100-202;
22 U.S.C. 276 note)) is amended--
(1) by striking `$440,000' and inserting `$350,000'; and
(2) by striking `paragraph (2) of the first section of Public Law
74-170,'.
(d) CONDITIONAL TERMINATION OF AUTHORITY- Unless Congress receives the
certification described in subsection (a) before October 1, 1999,
effective on that date the Act entitled `An Act to authorize
participation by the United States in the Interparliamentary Union',
approved June 28, 1935 (22 U.S.C. 276-276a-4) is repealed.
(e) TRANSFER OF FUNDS TO THE TREASURY- Unobligated balances of
appropriations made under section 303 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act 1988 (as contained in section 101(a) of the Continuing
Appropriations Act, 1988; Public Law 100-202) that are available as of
the day before the date of the enactment of this Act shall be
transferred on such date to the general fund of the Treasury of the
United States.
SEC. 1504. SERVICE IN INTERNATIONAL ORGANIZATIONS.
(a) IN GENERAL- Section 3582(b) of title 5, United States Code, is
amended by striking all after the first sentence and inserting the
following: `On reemployment, an employee entitled to the benefits of
subsection (a) is entitled to the rate of basic pay to which the
employee would have been entitled had the employee remained in the
civil service. On reemployment, the agency shall restore the sick
leave account of the employee, by credit or charge, to its status at
the time of transfer. The period of separation caused by the
employment of the employee with the international organization and the
period necessary to effect reemployment are deemed creditable service
for all appropriate civil service employment purposes. This subsection
does not apply to a congressional employee.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply
with respect to transfers that take effect on or after the date of the
enactment of this Act.
SEC. 1505. REPORTS REGARDING FOREIGN TRAVEL.
(a) PROHIBITION- Except as provided in subsection (e), none of the
funds authorized to be appropriated by this Act for fiscal year 1999
may be used to pay for the expenses of foreign travel by an officer or
employee of an executive branch agency to attend an international
conference, or for the routine services that a United States
diplomatic mission or consular post provides in support of foreign
travel by such an officer or employee to attend an international
conference, unless that officer or employee has submitted a
preliminary report with respect to that foreign travel in accordance
with subsection (b), and has not previously failed to submit a final
report with respect to foreign travel to attend an international
conference required by subsection (c).
(b) PRELIMINARY REPORTS- A preliminary report referred to in
subsection (a) is a report by an officer or employee of an executive
branch agency with respect to proposed foreign travel to attend an
international conference, submitted to the Director prior to
commencement of the travel, setting forth--
(1) the name and employing agency of the officer or employee;
(2) the name of the official who authorized the travel; and
(3) the purpose and duration of the travel.
(c) FINAL REPORTS- A final report referred to in subsection (a) is a
report by an officer or employee of an executive branch agency with
respect to foreign travel to attend an international conference,
submitted to the Director not later than 30 days after the conclusion
of the travel--
(1) setting forth the actual duration and cost of the travel; and
(2) updating any other information included in the preliminary
report.
(d) REPORT TO CONGRESS- The Director shall submit a report not later
than April 1, 1999, to the Committees on Foreign Relations and
Appropriations of the Senate and the Committees on International
Relations and Appropriations of the House of Representatives, setting
forth with respect to each international conference for which reports
described in subsection (c) were required to be submitted to the
Director during the preceding six months--
(1) the names and employing agencies of all officers and
employees of executive branch agencies who attended the
international conference;
(2) the names of all officials who authorized travel to the
international conference, and the total number of officers and
employees who were authorized to travel to the conference by each
such official; and
(3) the total cost of travel by officers and employees of
executive branch agencies to the international conference.
(e) EXCEPTIONS- This section shall not apply to travel by--
(1) the President or the Vice President; or
(2) any officer or employee who is carrying out an intelligence
or intelligence-related activity, who is performing a protective
function, or who is engaged in a sensitive diplomatic mission.
(f) DEFINITIONS- In this section:
(1) DIRECTOR- The term `Director' means the Director of the
Office of International Conferences of the Department of State.
(2) EXECUTIVE BRANCH AGENCY- The terms `executive branch agency'
and `executive branch agencies' mean--
(A) an entity or entities, other than the General Accounting
Office, defined in section 105 of title 5, United States
Code; and
(B) the Executive Office of the President (except as
provided in subsection (e)).
(3) INTERNATIONAL CONFERENCE- The term `international conference'
means any meeting held under the auspices of an international
organization or foreign government, at which representatives of
more than two foreign governments are expected to be in
attendance, and to which United States executive branch agencies
will send a total of ten or more representatives.
(g) REPORT- Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report describing--
(1) the total Federal expenditure of all official international
travel in each executive branch agency during the previous fiscal
year; and
(2) the total number of individuals in each agency who engaged in
such travel.
TITLE XVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 1601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes of
the Arms Control and Disarmament Act, $41,500,000 for the fiscal year
1998.
SEC. 1602. STATUTORY CONSTRUCTION.
Section 303 of the Arms Control and Disarmament Act (22 U.S.C. 2573),
as redesignated by section 1223 of this Act, is amended by adding at
the end the following new subsection:
`(c) STATUTORY CONSTRUCTION- Nothing contained in this chapter shall
be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.'.
TITLE XVII--EUROPEAN SECURITY ACT OF 1998
SEC. 1701. SHORT TITLE.
This title may be cited as the `European Security Act of 1998'.
SEC. 1702. STATEMENT OF POLICY.
(a) POLICY WITH RESPECT TO NATO ENLARGEMENT- Congress urges the
President to outline a clear and complete strategic rationale for the
enlargement of the North Atlantic Treaty Organization (NATO), and
declares that--
(1) Poland, Hungary, and the Czech Republic should not be the
last emerging democracies in Central and Eastern Europe invited
to join NATO;
(2) the United States should ensure that NATO continues a process
whereby all other emerging democracies in Central and Eastern
Europe that wish to join NATO will be considered for membership
in NATO as soon as they meet the criteria for such membership;
(3) the United States should ensure that no limitations are
placed on the numbers of NATO troops or types of equipment,
including tactical nuclear weapons, to be deployed on the
territory of new member states;
(4) the United States should reject all efforts to condition NATO
decisions on review or approval by the United Nations Security
Council;
(5) the United States should clearly delineate those NATO
deliberations, including but not limited to discussions on arms
control, further Alliance enlargement, procurement matters, and
strategic doctrine, that are not subject to review or discussion
in the NATO-Russia Permanent Joint Council;
(6) the United States should work to ensure that countries
invited to join the Alliance are provided an immediate seat in
NATO discussions; and
(7) the United States already pays more than a proportionate
share of the costs of the common defense of Europe and should
obtain, in advance, agreement on an equitable distribution of the
cost of NATO enlargement to ensure that the United States does
not continue to bear a disproportionate burden.
(b) POLICY WITH RESPECT TO NEGOTIATIONS WITH RUSSIA-
(1) IMPLEMENTATION- NATO enlargement should be carried out in
such a manner as to underscore the Alliance's defensive nature
and demonstrate to Russia that NATO enlargement will enhance the
security of all countries in Europe, including Russia.
Accordingly, the United States and its NATO allies should make
this intention clear in negotiations with Russia, including
negotiations regarding adaptation of the Conventional Armed
Forces in Europe (CFE) Treaty of November 19, 1990.
(2) LIMITATIONS ON COMMITMENTS TO RUSSIA- In seeking to
demonstrate to Russia NATO's defensive and security-enhancing
intentions, it is essential that neither fundamental United
States security interests in Europe nor the effectiveness and
flexibility of NATO as a defensive alliance be jeopardized. In
particular, no commitments should be made to Russia that would
have the effect of--
(A) extending rights or imposing responsibilities on new
NATO members different from those applicable to current NATO
members, including rights or responsibilities with respect
to the deployment of nuclear weapons and the stationing of
troops and equipment from other NATO members;
(B) limiting the ability of NATO to defend the territory of
new NATO members by, for example, restricting the
construction of defense infrastructure or limiting the
ability of NATO to deploy necessary reinforcements;
(C) providing any international organization, or any country
that is not a member of NATO, with authority to delay, veto,
or otherwise impede deliberations and decisions of the North
Atlantic Council or the implementation of such decisions,
including deliberations and decisions with respect to the
deployment of NATO forces or the admission of additional
members to NATO;
(D) impeding the development of enhanced relations between
NATO and other European countries that do not belong to the
Alliance;
(E) establishing a nuclear weapons-free zone in Central or
Eastern Europe;
(F) requiring NATO to subsidize Russian arms sales, service,
or support to the militaries of those former Warsaw Pact
countries invited to join the Alliance; or
(G) legitimizing Russian efforts to link concessions in arms
control negotiations to NATO enlargement.
(3) COMMITMENTS FROM RUSSIA- In order to enhance security and
stability in Europe, the United States should seek commitments
from Russia--
(A) to demarcate and respect all its borders with
neighboring states;
(B) to achieve the immediate and complete withdrawal of any
armed forces and military equipment under the control of
Russia that are deployed on the territories of the
independent states of the former Soviet Union without the
full and complete agreement of those states;
(C) to station its armed forces on the territory of other
states only with the full and complete agreement of that
state and in strict accordance with international law; and
(D) to take steps to reduce further its nuclear and
conventional forces in Kaliningrad.
(4) CONSULTATIONS- As negotiations on adaptation of the Treaty on
Conventional Armed Forces in Europe proceed, the United States
should engage in close and continuous consultations not only with
its NATO allies, but also with the emerging democracies of
Central and Eastern Europe, Ukraine, and the South Caucasus.
(c) POLICY WITH RESPECT TO BALLISTIC MISSILE DEFENSE COOPERATION-
(1) IN GENERAL- As the United States proceeds with efforts to
develop defenses against ballistic missile attack, it should seek
to foster a climate of cooperation with Russia on matters related
to missile defense. In particular, the United States and its NATO
allies should seek to cooperate with Russia in such areas as
early warning.
(2) DISCUSSIONS WITH NATO ALLIES- The United States should
initiate discussions with its NATO allies for the purpose of
examining the feasibility of deploying a ballistic missile
defense capable of protecting NATO's southern and eastern flanks
from a limited ballistic missile attack.
(3) CONSTITUTIONAL PREROGATIVES- Even as the Congress seeks to
promote ballistic missile defense cooperation with Russia, it
must insist on its constitutional prerogatives regarding
consideration of arms control agreements with Russia that bear on
ballistic missile defense.
SEC. 1703. AUTHORITIES RELATING TO NATO ENLARGEMENT.
(a) POLICY OF SECTION- This section is enacted in order to implement
the policy set forth in section 2702(a).
(b) DESIGNATION OF ADDITIONAL COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE-
(1) DESIGNATION OF ADDITIONAL COUNTRIES- Romania, Estonia,
Latvia, Lithuania, and Bulgaria are each designated as eligible
to receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 (22 U.S.C. 1928
note) and shall be deemed to have been so designated pursuant to
section 203(d)(1) of such Act.
(2) RULE OF CONSTRUCTION- The designation of countries pursuant
to paragraph (1) as eligible to receive assistance under the
program established under section 203(a) of the NATO
Participation Act of 1994--
(A) is in addition to the designation of other countries by
law or pursuant to section 203(d)(2) of such Act as eligible
to receive assistance under the program established under
section 203(a) of such Act; and
(B) shall not preclude the designation by the President of
other emerging democracies in Central and Eastern Europe
pursuant to section 203(d)(2) of such Act as eligible to
receive assistance under the program established under
section 203(a) of such Act.
(3) SENSE OF THE CONGRESS- It is the sense of the Congress that
Romania, Estonia, Latvia, Lithuania, and Bulgaria--
(A) are to be commended for their progress toward political
and economic reform and meeting the guidelines for
prospective NATO members;
(B) would make an outstanding contribution to furthering the
goals of NATO and enhancing stability, freedom, and peace in
Europe should they become NATO members; and
(C) upon complete satisfaction of all relevant criteria
should be invited to become full NATO members at the
earliest possible date.
(c) REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE INFORMATION
MANAGEMENT SYSTEM-
(1) IN GENERAL- Funds described in paragraph (2) are authorized
to be made available to support the implementation of the
Regional Airspace Initiative and the Partnership for Peace
Information Management System, including--
(A) the procurement of items in support of these programs;
and
(B) the transfer of such items to countries participating in
these programs.
(2) FUNDS DESCRIBED- Funds described in this paragraph are funds
that are available--
(A) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance
under that Act; or
(B) during fiscal year 1998 under any Act to carry out the
Warsaw Initiative.
(d) EXTENSION OF AUTHORITY REGARDING EXCESS DEFENSE ARTICLES- Section
105 of Public Law 104-164 (110 Stat. 1427) is amended by striking
`1996 and 1997' and inserting `1997, 1998, and 1999'.
(e) CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT OF 1994-
Section 203(c) of the NATO Participation Act of 1994 (22 U.S.C. 1928
note) is amended--
(1) in paragraph (1), by striking `, without regard to the
restrictions' and all that follows through `section)';
(2) by striking paragraph (2);
(3) in paragraph (6), by striking `appropriated under the
`Nonproliferation and Disarmament Fund' account' and inserting
`made available for the `Nonproliferation and Disarmament Fund';
and
(4) in paragraph (8)--
(A) by striking `any restrictions in sections 516 and 519'
and inserting `section 516(e)';
(B) by striking `as amended,'; and
(C) by striking `paragraphs (1) and (2)' and inserting
`paragraph (1)'; and
(5) by redesignating paragraphs (3) through (8) as paragraphs (2)
through (7), respectively.
SEC. 1704. SENSE OF THE CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL
ARMED FORCES IN EUROPE.
It is the sense of the Congress that no revisions to the Treaty on
Conventional Armed Forces in Europe will be approved for entry into
force with respect to the United States that jeopardize fundamental
United States security interests in Europe or the effectiveness and
flexibility of NATO as a defensive alliance by--
(1) extending rights or imposing responsibilities on new NATO
members different from those applicable to current NATO members,
including rights or responsibilities with respect to the
deployment of nuclear weapons and the stationing of troops and
equipment from other NATO members;
(2) limiting the ability of NATO to defend the territory of new
NATO members by, for example, restricting the construction of
defense infrastructure or limiting the ability of NATO to deploy
necessary reinforcements;
(3) providing any international organization, or any country that
is not a member of NATO, with the authority to delay, veto, or
otherwise impede deliberations and decisions of the North
Atlantic Council or the implementation of such decisions,
including deliberations and decisions with respect to the
deployment of NATO forces or the admission of additional members
to NATO; or
(4) impeding the development of enhanced relations between NATO
and other European countries that do not belong to the Alliance.
SEC. 1705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
DEFENSE.
(a) POLICY OF SECTION- This section is enacted in order to implement
the policy set forth in section 1702(c).
(b) RESTRICTION ON ENTRY INTO FORCE OF ABM/TMD DEMARCATION AGREEMENTS-
An ABM/TMD demarcation agreement shall not be binding on the United
States, and shall not enter into force with respect to the United
States, unless, after the date of the enactment of this Act, that
agreement is specifically approved with the advice and consent of the
United States Senate pursuant to Article II, section 2, clause 2 of
the Constitution.
(c) SENSE OF THE CONGRESS WITH RESPECT TO DEMARCATION AGREEMENTS-
(1) RELATIONSHIP TO MULTILATERALIZATION OF ABM TREATY- It is the
sense of the Congress that no ABM/TMD demarcation agreement will
be considered for advice and consent to ratification unless,
consistent with the certification of the President pursuant to
condition (9) of the resolution of ratification of the CFE Flank
Document, the President submits for Senate advice and consent to
ratification any agreement, arrangement, or understanding that
would--
(A) add one or more countries as State Parties to the ABM
Treaty, or otherwise convert the ABM Treaty from a bilateral
treaty to a multilateral treaty; or
(B) change the geographic scope or coverage of the ABM
Treaty, or otherwise modify the meaning of the term
`national territory' as used in Article VI and Article IX of
the ABM Treaty.
(2) PRESERVATION OF UNITED STATES THEATER BALLISTIC MISSILE
DEFENSE POTENTIAL- It is the sense of the Congress that no
ABM/TMD demarcation agreement that would reduce the capabilities
of United States theater missile defense systems, or the numbers
or deployment patterns of such systems, will be approved for
entry into force with respect to the United States.
(d) REPORT ON COOPERATIVE PROJECTS WITH RUSSIA- Not later than January
1, 1999, and January 1, 2000, 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.
(e) DEFINITIONS- In this section:
(1) ABM/TMD DEMARCATION AGREEMENT- The term `ABM/TMD demarcation
agreement' means any agreement that establishes a demarcation
between theater ballistic missile defense systems and strategic
antiballistic missile defense systems for purposes of the ABM
Treaty.
(2) ABM TREATY- The term `ABM Treaty' means the Treaty Between
the United States of American and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missile Systems,
signed at Moscow on May 26, 1972 (23 UST 3435), and includes the
Protocols to that Treaty, signed at Moscow on July 3, 1974 (27
UST 1645).
TITLE XVIII--OTHER FOREIGN POLICY PROVISIONS
SEC. 1801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE GOVERNMENT
OF SAUDI ARABIA.
(a) IN GENERAL- Not later than 90 days after the date of the enactment
of this Act and every 180 days thereafter, the Secretary of State,
after consultation with the Secretary of Defense and the Secretary of
Commerce, shall submit a report to the appropriate congressional
committees on specific actions taken by the Department of State, the
Department of Defense, and the Department of Commerce toward progress
in resolving the commercial disputes between United States firms and
the Government of Saudi Arabia that are described in the June 30,
1993, report by the Secretary of Defense pursuant to section 9140(c)
of the Department of Defense Appropriations Act, 1993 (Public Law
102-396), including the additional claims noticed by the Department of
Commerce on page 2 of that report.
(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. 1802. 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) an unclassified list, by economic sector, of the number of
entities then under review pursuant to that section;
(2) an unclassified list of all entities and a classified list of
all individuals that the Secretary of State has determined to be
subject to that section;
(3) an unclassified list of all entities and a classified list of
all individuals that the Secretary of State has determined are no
longer subject to that section;
(4) an explanation of the status of the review underway for the
cases referred to in paragraph (1); and
(5) an unclassified explanation of each determination of the
Secretary of State under section 401(a) of that Act and each
finding of the Secretary under section 401(c) of that Act--
(A) since the date of the enactment of this Act, in the case
of the first report under this subsection; and
(B) in the preceding 3-month period, in the case of each
subsequent report.
(b) PROTECTION OF IDENTITY OF CONCERNED ENTITIES- In preparing the
report under subsection (a), the names of entities shall not be
identified under paragraph (1) or (4).
SEC. 1803. 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, 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.
(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 submitted by United
States citizens to the Central Authority for the United States.
(4) Detailed information on each unresolved case described in
paragraph (1) and on actions taken by the Department of State to
resolve each such case.
(5) Information on efforts by the Department of State to
encourage other countries to become signatories of the
Convention.
(b) DEFINITION- In this section, the term `Central Authority for the
United States' has the meaning given the term in Article 6 of the
Convention on the Civil Aspects of International Child Abduction, done
at The Hague on October 25, 1980.
SEC. 1804. SENSE OF THE CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL
PATRIARCHATE BY THE GOVERNMENT OF TURKEY.
It is the sense of the Congress that the United States should use its
influence with the Government of Turkey to suggest that the Government
of Turkey--
(1) recognize the Ecumenical Patriarchate and its nonpolitical,
religious mission;
(2) ensure the continued maintenance of the institution's
physical security needs, as provided for under Turkish and
international law, including the Treaty of Lausanne, the 1968
Protocol, the Helsinki Final Act (1975), and the Charter of
Paris;
(3) provide for the proper protection and safety of the
Ecumenical Patriarch and Patriarchate personnel; and
(4) reopen the Ecumenical Patriarchate's Halki Patriarchal School
of Theology.
SEC. 1805. 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 the
enactment of this Act and every 180 days thereafter during the period
ending September 30, 1999, on the extent to which--
(1) the Government of the Socialist Republic of Vietnam is
cooperating with the United States in providing the fullest
possible accounting of all unresolved cases of prisoners of war
(POWs) or persons missing-in-action (MIAs) through the provision
of records and the unilateral and joint recovery and repatriation
of American remains;
(2) the Government of the Socialist Republic of Vietnam has made
progress toward the release of all political and religious
prisoners, including Catholic, Protestant, and Buddhist clergy;
(3) the Government of the Socialist Republic of Vietnam is
cooperating with requests by the United States to obtain full and
free access to persons of humanitarian interest to the United
States for interviews under the Orderly Departure (ODP) and
Resettlement Opportunities for Vietnamese Refugees (ROVR)
programs, and in providing exit visas for such persons;
(4) the Government of the Socialist Republic of Vietnam has taken
vigorous action to end extortion, bribery, and other corrupt
practices in connection with such exit visas; and
(5) the Government of the United States is making vigorous
efforts to interview and resettle former reeducation camp
victims, their immediate families including unmarried sons and
daughters, former United States Government employees, and other
persons eligible for the ODP program, and to give such persons
the full benefit of all applicable United States laws including
sections 599D and 599E of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1990
(Public Law 101-167).
SEC. 1806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN LAOS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Sate shall submit a report to the appropriate
congressional committees on the allegations of persecution and abuse
of the Hmong and Laotian refugees who have returned to Laos. The
report shall include the following:
(1) A full investigation, including full documentation of
individual cases of persecution, of the Lao Government's
treatment of Hmong and Laotian refugees who have returned to
Laos.
(2) The steps the Department of State will take to continue to
monitor any systematic human rights violations by the Government
of Laos.
(3) The actions which the Department of State will take to seek
to ensure the cessation of human rights violations.
SEC. 1807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE
WESTERN HEMISPHERE.
(a) SENSE OF THE CONGRESS ON DISCUSSIONS FOR ALLIANCE-
(1) SENSE OF THE CONGRESS- It is the sense of the Congress that
the President should discuss with the democratically-elected
governments of the Western Hemisphere, the prospect of forming a
multilateral alliance to address problems relating to
international drug trafficking in the Western Hemisphere.
(2) CONSULTATIONS- In the consultations on the prospect of
forming an alliance described in paragraph (1), the President
should seek the input of such governments on the possibility of
forming one or more structures within the alliance--
(A) to develop a regional, multilateral strategy to address
the threat posed to nations in the Western Hemisphere by
drug trafficking; and
(B) to establish a new mechanism for improving multilateral
coordination of drug interdiction and drug-related law
enforcement activities in the Western Hemisphere.
(b) REPORT-
(1) REQUIREMENT- Not later than 60 days after the date of the
enactment of this Act, the President shall submit to Congress a
report on the proposal discussed under subsection (a). The report
shall include the following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an evaluation
of the feasibility and advisability of forming the alliance.
(C) A determination in light of the analysis and assessment
whether or not the formation of the alliance is in the
national interests of the United States.
(D) If the President determines that the formation of the
alliance is in the national interests of the United States,
a plan for encouraging and facilitating the formation of the
alliance.
(E) If the President determines that the formation of the
alliance is not in the national interests of the United
States, an alternative proposal to improve significantly
efforts against the threats posed by narcotics trafficking
in the Western Hemisphere, including an explanation of how
the alternative proposal will--
(i) improve upon current cooperation and coordination
of counter-drug efforts among nations in the Western
Hemisphere;
(ii) provide for the allocation of the resources
required to make significant progress in disrupting and
disbanding the criminal organizations responsible for
the trafficking of illegal drugs in the Western
Hemisphere; and
(iii) differ from and improve upon past strategies
adopted by the United States Government which have
failed to make sufficient progress against the
trafficking of illegal drugs in the Western Hemisphere.
(2) UNCLASSIFIED FORM- The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 1808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO THE
WORLD TRADE ORGANIZATION.
(a) FINDINGS- The Congress makes the following findings:
(1) The people of the United States and the people of the
Republic of China on Taiwan have long enjoyed extensive ties.
(2) Taiwan is currently the 8th largest trading partner of the
United States.
(3) The executive branch of Government has committed publicly to
support Taiwan's bid to join the World Trade Organization and has
declared that the United States will not oppose this bid solely
on the grounds that the People's Republic of China, which also
seeks membership in the World Trade Organization, is not yet
eligible because of its unacceptable trade practices.
(4) The United States and Taiwan have concluded discussions on a
variety of outstanding trade issues that remain unresolved with
the People's Republic of China and that are necessary for the
United States to support Taiwan's membership in the World Trade
Organization.
(5) The reversion of control over Hong Kong--a member of the
World Trade Organization--to the People's Republic of China in
many respects affords to the People's Republic of China the
practical benefit of membership in the World Trade Organization
for a substantial portion of its trade in goods despite the fact
that the trade practices of the People's Republic of China
currently fall far short of what the United States expects for
membership in the World Trade Organization.
(6) The executive branch of Government has announced its interest
in the admission of the People's Republic of China to the World
Trade Organization; the fundamental sense of fairness of the
people of the United States warrants the United States
Government's support for Taiwan's relatively more meritorious
application for membership in the World Trade Organization.
(7) Despite having made significant progress in negotiations for
its accession to the World Trade Organization, Taiwan has yet to
offer acceptable terms of accession in agricultural and certain
other market sectors.
(8) It is in the economic interest of United States consumers and
exporters for Taiwan to complete those requirements for accession
to the World Trade Organization at the earliest possible moment.
(b) CONGRESSIONAL STATEMENT- The Congress favors public support by
officials of the Department of State for the accession of Taiwan to
the World Trade Organization.
SEC. 1809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY
IN CUBA.
(a) WITHHOLDING OF UNITED STATES PROPORTIONAL SHARE OF ASSISTANCE-
Section 307(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(c)) is amended--
(1) by striking `The limitations' and inserting `(1) Subject to
paragraph (2), the limitations'; and
(2) by adding at the end the following:
`(2)(A) Except as provided in subparagraph (B), with respect to funds
authorized to be appropriated by this chapter and available for the
International Atomic Energy Agency, the limitations of subsection (a)
shall apply to programs or projects of such Agency in Cuba.
`(B)(i) Subparagraph (A) shall not apply with respect to programs or
projects of the International Atomic Energy Agency that provide for
the discontinuation, dismantling, or safety inspection of nuclear
facilities or related materials, or for inspections and similar
activities designed to prevent the development of nuclear weapons by a
country described in subsection (a).
`(ii) Clause (i) shall not apply with respect to the Juragua Nuclear
Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research
Center unless Cuba--
`(I) ratifies the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear
Weapons in Latin America (commonly known as the Treaty of
Tlatelolco);
`(II) negotiates full-scope safeguards of the International
Atomic Energy Agency not later than two years after ratification
by Cuba of such Treaty; and
`(III) incorporates internationally accepted nuclear safety
standards.'.
(b) OPPOSITION TO CERTAIN PROGRAMS OR PROJECTS- The Secretary of State
shall direct the United States representative to the International
Atomic Energy Agency to oppose the following:
(1) Technical assistance programs or projects of the Agency at
the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at the
Pedro Pi Nuclear Research Center.
(2) Any other program or project of the Agency in Cuba that is,
or could become, a threat to the security of the United States.
(c) REPORTING REQUIREMENTS-
(1) REQUEST FOR IAEA REPORTS- The Secretary of State shall direct
the United States representative to the International Atomic
Energy Agency to request the Director-General of the Agency to
submit to the United States all reports prepared with respect to
all programs or projects of the Agency that are of concern to the
United States, including the programs or projects described in
subsection (b).
(2) ANNUAL REPORTS TO THE CONGRESS- Not later than 180 days after
the date of the enactment of this Act, and on an annual basis
thereafter, the Secretary of State, in consultation with the
United States representative to the International Atomic Energy
Agency, shall prepare and submit to the Congress a report
containing a description of all programs or projects of the
Agency in each country described in section 307(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2227(a)).
SEC. 1810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR
DEVELOPMENT.
(a) IN GENERAL- Section 620 of the Foreign Assistance Act of 1961 (22
U.S.C. 2370), as amended by this Act, is further amended by adding at
the end the following:
`(y)(1) Except as provided in paragraph (2), the President shall
withhold from amounts made available under this Act or any other Act
and allocated for a country for a fiscal year an amount equal to the
aggregate value of nuclear fuel and related assistance and credits
provided by that country, or any entity of that country, to Cuba
during the preceding fiscal year.
`(2) The requirement to withhold assistance for a country for a fiscal
year under paragraph (1) shall not apply if Cuba--
`(A) has ratified the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in
compliance with the requirements of either such Treaty;
`(B) has negotiated and is in compliance with full-scope
safeguards of the International Atomic Energy Agency not later
than two years after ratification by Cuba of such Treaty; and
`(C) incorporates and is in compliance with internationally
accepted nuclear safety standards.
`(3) The Secretary of State shall prepare and submit to the Congress
each year a report containing a description of the amount of nuclear
fuel and related assistance and credits provided by any country, or
any entity of a country, to Cuba during the preceding year, including
the terms of each transfer of such fuel, assistance, or credits.'.
(b) EFFECTIVE DATE- Section 620(y) of the Foreign Assistance Act of
1961, as added by subsection (a), shall apply with respect to
assistance provided in fiscal years beginning on or after the date of
the enactment of this Act.
SEC. 1811. INTERNATIONAL FUND FOR IRELAND.
(a) PURPOSES- Section 2(b) of the Anglo-Irish Agreement Support Act of
1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the
end the following new sentences: `United States contributions should
be used in a manner that effectively increases employment
opportunities in communities with rates of unemployment higher than
the local or urban average of unemployment in Northern Ireland. In
addition, such contributions should be used to benefit individuals
residing in such communities.'.
(b) CONDITIONS AND UNDERSTANDINGS- Section 5(a) of such Act is
amended--
(1) in the first sentence--
(A) by striking `The United States' and inserting the
following:
`(1) IN GENERAL- The United States';
(B) by striking `in this Act may be used' and inserting the
following: `in this Act--
`(A) may be used';
(C) by striking the period and inserting `; and'; and
(D) by adding at the end the following:
`(B) should be provided to individuals or entities in
Northern Ireland which employ practices consistent with the
principles of economic justice.'; and
(2) in the second sentence, by striking `The restrictions' and
inserting the following:
`(2) ADDITIONAL REQUIREMENTS- The restrictions'.
(c) PRIOR CERTIFICATIONS- Section 5(c)(2) of such Act is amended--
(1) in subparagraph (A), by striking `in accordance with the
principle of equality' and all that follows and inserting `to
individuals and entities whose practices are consistent with
principles of economic justice; and'; and
(2) in subparagraph (B), by inserting before the period at the
end the following: `and will create employment opportunities in
regions and communities of Northern Ireland suffering from high
rates of unemployment'.
(d) ANNUAL REPORTS- Section 6 of such Act is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(4) the extent to which the practices of each individual or
entity receiving assistance from United States contributions to
the International Fund has been consistent with the principles of
economic justice.'.
(e) REQUIREMENTS RELATING TO FUNDS- Section 7 of such Act is amended
by adding at the end the following:
`(c) PROHIBITION- Nothing included herein shall require quotas or
reverse discrimination or mandate their use.'.
(f) DEFINITIONS- Section 8 of such Act is amended--
(1) in paragraph (1), by striking `and' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(3) the term `principles of economic justice' means the
following principles:
`(A) Increasing the representation of individuals from
underrepresented religious groups in the workforce,
including managerial, supervisory, administrative, clerical,
and technical jobs.
`(B) Providing adequate security for the protection of
minority employees at the workplace.
`(C) Banning provocative sectarian or political emblems from
the workplace.
`(D) Providing that all job openings be advertised publicly
and providing that special recruitment efforts be made to
attract applicants from underrepresented religious groups.
`(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
`(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.
`(G) Providing for the development of training programs that
will prepare substantial numbers of minority employees for
skilled jobs, including the expansion of existing programs
and the creation of new programs to train, upgrade, and
improve the skills of minority employees.
`(H) Establishing procedures to assess, identify, and
actively recruit minority employees with the potential for
further advancement.
`(I) Providing for the appointment of a senior management
staff member to be responsible for the employment efforts of
the entity and, within a reasonable period of time, the
implementation of the principles described in subparagraphs
(A) through (H).'.
SEC. 1812. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL OF
ISRAEL.
(a) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be
appropriated by section 1101(4) of this Act for `Security and
Maintenance of Buildings Abroad', $25,000,000 for the fiscal year 1998
and $75,000,000 for the fiscal year 1999 are authorized to be
appropriated for the construction of a United States Embassy in
Jerusalem, Israel.
(b) LIMITATION ON USE OF FUNDS FOR CONSULATE IN JERUSALEM- None of the
funds authorized to be appropriated by this Act should be expended for
the operation of a United States consulate or diplomatic facility in
Jerusalem unless such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(c) LIMITATION ON USE OF FUNDS FOR PUBLICATIONS- None of the funds
authorized to be appropriated by this Act may be available for the
publication of any official government document which lists countries
and their capital cities unless the publication identifies Jerusalem
as the capital of Israel.
(d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES- For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary of State shall, upon the request of the
citizen, record the place of birth as Israel.
SEC. 1813. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.
(a) ASSISTANCE FOR JUSTICE IN IRAQ- There are authorized to be
appropriated for fiscal year 1998, $3,000,000 for assistance to an
international commission to establish an international record for the
criminal culpability of Saddam Hussein and other Iraqi officials and
for an international criminal tribunal established for the purpose of
indicting, prosecuting, and punishing Saddam Hussein and other Iraqi
officials responsible for crimes against humanity, genocide, and other
violations of international law.
(b) ASSISTANCE TO THE DEMOCRATIC OPPOSITION IN IRAQ- There are
authorized to be appropriated for fiscal year 1998, $15,000,000 to
provide support for democratic opposition forces in Iraq, of which--
(1) not more than $10,000,000 shall be for assistance to the
democratic opposition, including leadership organization,
training political cadre, maintaining offices, disseminating
information, and developing and implementing agreements among
opposition elements; and
(2) not more than $5,000,000 of the funds made available under
this subsection shall be available only for grants to RFE/RL,
Incorporated, for surrogate radio broadcasting by RFE/RL,
Incorporated, to the Iraqi people in the Arabic language, such
broadcasts to be designated as `Radio Free Iraq'.
(c) ASSISTANCE FOR HUMANITARIAN RELIEF AND RECONSTRUCTION- There are
authorized to be appropriated for fiscal year 1998, $20,000,000 for
the relief, rehabilitation, and reconstruction of people living in
Iraq, and communities located in Iraq, who are not under the control
of the Saddam Hussein regime.
(d) AVAILABILITY- Amounts authorized to be appropriated by this
section shall be provided in addition to amounts otherwise made
available and shall remain available until expended.
(e) NOTIFICATION- All assistance provided pursuant to this section
shall be notified to Congress in accordance with the procedures
applicable to reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961.
(f) RELATION TO OTHER LAWS- Funds made available to carry out the
provisions of this section may be made available notwithstanding any
other provision of law.
(g) REPORT- Not later than 45 days after the date of the enactment of
this Act, the Secretary of State and the Broadcasting Board of
Governors of the United States Information Agency shall submit a
detailed report to Congress describing--
(1) the costs, implementation, and plans for the establishment of
an international war crimes tribunal described in subsection (a);
(2) the establishment of a political assistance program, and the
surrogate broadcasting service, as described in subsection (b);
and
(3) the humanitarian assistance program described in subsection
(c).
SEC. 1814. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.
(a) FINDINGS- Congress makes the following findings:
(1) The United States stands as the beacon of democracy and
freedom in the world.
(2) A stable and democratic Republic of Serbia is important to
the interests of the United States, the international community,
and to peace in the Balkans.
(3) Democratic forces in the Republic of Serbia are beginning to
emerge, notwithstanding the efforts of Europe's longest-standing
communist dictator, Slobodan Milosevic.
(4) The Serbian authorities have sought to continue to hinder the
growth of free and independent news media in the Republic of
Serbia, in particular the broadcast news media, and have harassed
journalists performing their professional duties.
(5) Under Slobodan Milosevic, the political opposition in Serbia
has been denied free, fair, and equal opportunity to participate
in the democratic process.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(1) the United States, the international community,
nongovernmental organizations, and the private sector should
continue to promote the building of democratic institutions and
civic society in the Republic of Serbia, help strengthen the
independent news media, and press for the Government of the
Republic of Serbia to respect the rule of law; and
(2) the normalization of relations between the `Federal Republic
of Yugoslavia' (Serbia and Montenegro) and the United States
requires, among other things, that President Milosevic and the
leadership of Serbia--
(A) promote the building of democratic institutions,
including strengthening the independent news media and
respecting the rule of law;
(B) promote the respect for human rights throughout the
`Federal Republic of Yugoslavia' (Serbia and Montenegro);
and
(C) promote and encourage free, fair, and equal conditions
for the democratic opposition in Serbia.
SEC. 1815. FUNDS MADE AVAILABLE UNDER CHAPTER 4 OF PART II OF THE FOREIGN
ASSISTANCE ACT OF 1961.
Not less than $2,000,000 shall be made available under chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346;
relating to the economic support fund), for fiscal years 1998 and 1999
to carry out the programs and activities under the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.)
and the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.).
SEC. 1816. FOREIGN ORGANIZATIONS THAT PERFORM OR PROMOTE ABORTION; FORCED
ABORTION IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) Section 104 of the Foreign Assistance Act of 1961 is amended by
adding at the end the following new subsection:
`(h) RESTRICTION ON ASSISTANCE TO FOREIGN ORGANIZATIONS THAT PERFORM
OR ACTIVELY PROMOTE ABORTIONS-
`(1) PERFORMANCE OF ABORTIONS-
`(A) Notwithstanding section 614 of this Act or any other
provision of law, no funds appropriated for population
planning activities or other population assistance may be
made available for any foreign private, nongovernmental, or
multilateral organization until the organization certifies
that it will not, during the period for which the funds are
made available, perform abortions in any foreign country,
except where the life of the mother would be endangered if
the pregnancy were carried to term or in cases of forcible
rape or incest.
`(B) Subparagraph (A) may not be construed to apply to the
treatment of injuries or illnesses caused by legal or
illegal abortions or to assistance provided directly to the
government of a country.
`(2) LOBBYING ACTIVITIES- (A) Notwithstanding section 614 of this
Act or any other provision of law, no funds appropriated for
population planning activities or other population assistance may
be made available for any foreign private, nongovernmental, or
multilateral organization until the organization certifies that
it will not, during the period for which the funds are made
available, violate the laws of any foreign country concerning the
circumstances under which abortion is permitted, regulated, or
prohibited, or engage in any activity or effort to alter the laws
or governmental policies of any foreign country concerning the
circumstances under which abortion is permitted, regulated, or
prohibited.
`(B) Subparagraph (A) shall not apply to activities in opposition
to coercive abortion or involuntary sterilization.
`(3) APPLICATION TO FOREIGN ORGANIZATIONS- The prohibitions of
this subsection apply to funds made available to a foreign
organization either directly or as a subcontractor or subgrantee,
and the certifications required by paragraphs (1) and (2) apply
to activities in which the organization engages either directly
or through a subcontractor or subgrantee.'.
(b) Section 301 of the Foreign Assistance Act of 1961 is amended by
adding at the end the following new subsection:
`(i) LIMITATION RELATING TO FORCED ABORTIONS IN THE PEOPLE'S REPUBLIC
OF CHINA- Notwithstanding section 614 of this Act or any other
provision of law, no funds may be made available for the United
Nations Population Fund (UNFPA) in any fiscal year unless the
President certifies that--
`(1) UNFPA has terminated all activities in the People's Republic
of China, and the United States has received assurances that
UNFPA will conduct no such activities during the fiscal year for
which the funds are to be made available; or
`(2) during the 12 months preceding such certification there have
been no abortions as the result of coercion associated with the
family planning policies of the national government or other
governmental entities within the People's Republic of China.
As used in this section, the term `coercion' includes physical duress
or abuse, destruction or confiscation of property, loss of means of
livelihood, or severe psychological pressure.'.
(c) The President may waive the provisions of section 104(h)(1) of the
Foreign Assistance Act of 1961, as amended, pertaining to population
assistance to foreign organizations that perform abortions in foreign
countries, for any fiscal year: Provided, That if the President
exercises the waiver provided by this subsection for any fiscal year,
not to exceed $356,000,000 may be made available for population
planning activities or other population assistance for such fiscal
year: Provided further, That the limitation in the previous proviso
includes all funds for programs and activities designed to control
fertility or to reduce or delay childbirths or pregnancies,
irrespective of the heading under which such funds are made available.
DIVISION C--UNITED NATIONS REFORM
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `United Nations Reform Act of 1998'.
SEC. 2002. DEFINITIONS.
In this division:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
(2) DESIGNATED SPECIALIZED AGENCY DEFINED- The term `designated
specialized agency' means the International Labor Organization,
the World Health Organization, and the Food and Agriculture
Organization.
(3) GENERAL ASSEMBLY- The term `General Assembly' means the
General Assembly of the United Nations.
(4) SECRETARY GENERAL- The term `Secretary General' means the
Secretary General of the United Nations.
(5) SECURITY COUNCIL- The term `Security Council' means the
Security Council of the United Nations.
(6) UNITED NATIONS MEMBER- The term `United Nations member' means
any country that is a member of the United Nations.
(7) UNITED NATIONS PEACEKEEPING OPERATION- The term `United
Nations peacekeeping operation' means any United Nations-led
operation to maintain or restore international peace or security
that--
(A) is authorized by the Security Council; and
(B) is paid for from assessed contributions of United
Nations members that are made available for peacekeeping
activities.
SEC. 2003. NONDELEGATION OF CERTIFICATION REQUIREMENTS.
The Secretary of State may not delegate the authority in this division
to make any certification.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS
SEC. 2101. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated under the heading `Contributions to International
Organizations' $901,000,000 for the fiscal year 1998 and $900,000,000
for the fiscal year 1999 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
organizations and to carry out other authorities in law consistent
with such purposes.
(b) NO GROWTH BUDGET- Of the funds made available for fiscal year 1999
under subsection (a), $80,000,000 may be made available only after the
Secretary of State certifies that the United Nations has taken no
action during calendar year 1998 to increase funding for any United
Nations program without identifying an offsetting decrease elsewhere
in the United Nations budget of $2,533,000,000 and cause the United
Nations to exceed that budget.
(c) INSPECTOR GENERAL OF THE UNITED NATIONS-
(1) WITHHOLDING OF FUNDS- Twenty percent of the funds made
available in each fiscal year under subsection (a) for the
assessed contribution of the United States to the United Nations
shall be withheld from obligation and expenditure until a
certification is made under paragraph (2).
(2) CERTIFICATION- A certification under this paragraph is a
certification by the Secretary of State in the fiscal year
concerned that the following conditions are satisfied:
(A) ACTION BY THE UNITED NATIONS- The United Nations--
(i) has met the requirements of paragraphs (1) through
(6) of section 401(b) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), as amended by paragraph (3);
(ii) has established procedures that require the Under
Secretary General of the Office of Internal Oversight
Service to report directly to the Secretary General on
the adequacy of the Office's resources to enable the
Office to fulfill its mandate; and
(iii) has made available an adequate amount of funds to
the Office for carrying out its functions.
(B) AUTHORITY OF OIOS- The Office of Internal Oversight
Services has authority to audit, inspect, or investigate
each program, project, or activity funded by the United
Nations, and each executive board created under the United
Nations has been notified, in writing, of that authority.
(3) AMENDMENT OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL
YEARS 1994 AND 1995- Section 401(b) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 is amended--
(A) by amending paragraph (6) to read as follows:
`(6) the United Nations has procedures in place to ensure that
all reports submitted by the Office of Internal Oversight Service
are made available to the member states of the United Nations
without modification except to the extent necessary to protect
the privacy rights of individuals.'; and
(B) by striking `Inspector General' each place it appears
and inserting `Office of Internal Oversight Service'.
(d) PROHIBITION ON CERTAIN GLOBAL CONFERENCES- None of the funds made
available under subsection (a) shall be available for any United
States contribution to pay for any expenses related to the holding of
a United Nations Global Conference except any conference that the
General Assembly, prior to the date of the enactment of this Act,
decided to convene.
(e) REDUCTION IN NUMBER OF POSTS-
(1) FISCAL YEAR 1999- Of the funds authorized to be appropriated
for fiscal year 1999 for the United Nations by subsection (a),
$50,000,000 shall be withheld from obligation and expenditure
until the Secretary of State certifies to Congress that the
number of posts authorized by the General Assembly, has resulted
in a net reduction of at least 1,000 posts from the 10,012 posts
authorized under the 1996-97 United Nations biennium budget, as a
result of a suppression of that number of posts.
(2) REPORT- Not later than October 1, 1998, the Secretary of
State shall submit a report to the appropriate congressional
committees specifying--
(A) the budget savings associated with the reduction of the
1,000 posts specified in paragraph (1), including any
reduction in the United States assessed contribution for the
United Nations regular budget resulting from those savings;
(B) the vacancy rates for United Nations professional and
general service staff contained in the United Nations
biennium budget for 1998-99, including any reduction in the
United States assessed contribution for the United Nations
regular budget resulting from those vacancy rates; and
(C) the goals of the United States for further staff
reductions and associated budget savings for the 1998-99
United Nations biennium budget.
(f) PROHIBITION ON FUNDING OTHER FRAMEWORK TREATY-BASED ORGANIZATIONS-
None of the funds made available for the 1998-1999 biennium budget
under subsection (a) for United States contributions to the regular
budget of the United Nations shall be available for the United States
proportionate share of any other framework treaty-based organization,
including the Framework Convention on Global Climate Change, the
International Seabed Authority, and the 1998 Desertification
Convention.
(g) LIMITATIONS FOR FISCAL YEARS 1999 AND 2000-
(1) IN GENERAL- The total amount of funds made available for all
United States memberships in international organizations under
the heading `Contributions to International Organizations' may
not exceed $900,000,000 for each of fiscal years 1999 and 2000.
(2) CONSULTATIONS WITH CONGRESS- The Secretary of State shall
regularly consult with the appropriate congressional committees
regarding the impact, if any, of the limitation in paragraph (1)
on the maintenance of United States membership in such
international organizations.
(h) FOREIGN CURRENCY EXCHANGE RATES-
(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts
authorized to be appropriated by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 1998 and 1999 to offset adverse fluctuations
in foreign currency exchange rates.
(2) AVAILABILITY OF FUNDS- Amounts appropriated under this
subsection shall be available for obligation and expenditure only
to the extent that the Director of the Office of Management and
Budget determines and certifies to Congress that such amounts are
necessary due to such fluctuations.
(i) REFUND OF EXCESS CONTRIBUTIONS- The United States shall continue
to insist that the United Nations and its specialized and affiliated
agencies shall credit or refund to each member of the agency concerned
its proportionate share of the amount by which the total contributions
to the agency exceed the expenditures of the regular assessed budgets
of these agencies.
SEC. 2102. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated under the heading `Contributions for International
Peacekeeping Activities' $210,000,000 for the fiscal year 1998 and
$220,000,000 for the fiscal year 1999 for the Department of State to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with respect
to international peacekeeping activities and to carry out other
authorities in law consistent with such purposes.
(b) CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS
PEACEKEEPING OPERATIONS-
(1) CODIFICATION- Section 4 of the United Nations Participation
Act of 1945 (22 U.S.C. 287b) is amended--
(A) in subsection (a), by striking the second sentence; and
(B) by striking subsection (e) and inserting the following:
`(e) CONSULTATIONS AND REPORTS ON UNITED NATIONS PEACEKEEPING
OPERATIONS-
`(1) CONSULTATIONS- Each month the President shall consult with
Congress on the status of United Nations peacekeeping operations.
`(2) INFORMATION TO BE PROVIDED- In connection with such
consultations, the following information shall be provided each
month to the designated congressional committees:
`(A) With respect to ongoing United Nations peacekeeping
operations, the following:
`(i) A list of all resolutions of the United Nations
Security Council anticipated to be voted on during such
month that would extend or change the mandate of any
United Nations peacekeeping operation.
`(ii) For each such operation, any changes in the
duration, mandate, and command and control arrangements
that are anticipated as a result of the adoption of the
resolution.
`(iii) An estimate of the total cost to the United
Nations of each such operation for the period covered
by the resolution, and an estimate of the amount of
that cost that will be assessed to the United States.
`(iv) Any anticipated significant changes in United
States participation in or support for each such
operation during the period covered by the resolution
(including the provision of facilities, training,
transportation, communication, and logistical support,
but not including intelligence activities reportable
under title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.)), and the estimated costs to the
United States of such changes.
`(B) With respect to each new United Nations peacekeeping
operation that is anticipated to be authorized by a Security
Council resolution during such month, the following
information for the period covered by the resolution:
`(i) The anticipated duration, mandate, the command and
control arrangements of such operation, the planned
exit strategy, and the vital national interest to be
served.
`(ii) An estimate of the total cost to the United
Nations of the operation, and an estimate of the amount
of that cost that will be assessed to the United
States.
`(iii) A description of the functions that would be
performed by any United States Armed Forces
participating in or otherwise operating in support of
the operation, an estimate of the number of members of
the Armed Forces that will participate in or otherwise
operate in support of the operation, and an estimate of
the cost to the United States of such participation or
support.
`(iv) A description of any other United States
assistance to or support for the operation (including
the provision of facilities, training, transportation,
communication, and logistical support, but not
including intelligence activities reportable under
title V of the National Security Act of 1947 (50 U.S.C.
413 et seq.)) and an estimate of the cost to the United
States of such assistance or support.
`(v) A reprogramming of funds pursuant to section 34 of
the State Department Basic Authorities Act of 1956,
submitted in accordance with the procedures set forth
in such section, describing the source of funds that
will be used to pay for the cost of the new United
Nations peacekeeping operation, provided that such
notification shall also be submitted to the Committee
on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate.
`(3) FORM AND TIMING OF INFORMATION-
`(A) FORM- The President shall submit information under
clauses (i) and (iii) of paragraph (2)(A) in writing.
`(B) TIMING-
`(i) ONGOING OPERATIONS- The information required under
paragraph (2)(A) for a month shall be submitted not
later than the 10th day of the month.
`(ii) NEW OPERATIONS- The information required under
paragraph (2)(B) shall be submitted in writing with
respect to each new United Nations peacekeeping
operation not less than 15 days before the anticipated
date of the vote on the resolution concerned unless the
President determines that exceptional circumstances
prevent compliance with the requirement to report 15
days in advance. If the President makes such a
determination, the information required under paragraph
(2)(B) shall be submitted as far in advance of the vote
as is practicable.
`(4) NEW UNITED NATIONS PEACEKEEPING OPERATION DEFINED- As used
in paragraph (2), the term `new United Nations peacekeeping
operation' includes any existing or otherwise ongoing United
Nations peacekeeping operation--
`(A) where the authorized force strength is to be expanded;
`(B) that is to be authorized to operate in a country in
which it was not previously authorized to operate; or
`(C) the mandate of which is to be changed so that the
operation would be engaged in significant additional or
significantly different functions.
`(5) NOTIFICATION AND QUARTERLY REPORTS REGARDING UNITED STATES
ASSISTANCE-
`(A) NOTIFICATION OF CERTAIN ASSISTANCE-
`(i) IN GENERAL- The President shall notify the
designated congressional committees at least 15 days
before the United States provides any assistance to the
United Nations to support peacekeeping operations.
`(ii) EXCEPTION- This subparagraph does not apply to--
`(I) assistance having a value of less than
$3,000,000 in the case of nonreimbursable
assistance or less than $14,000,000 in the case of
reimbursable assistance; or
`(II) assistance provided under the emergency
drawdown authority of sections 506(a)(1) and
552(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2318(a)(1) and 2348a(c)(2)).
`(B) QUARTERLY REPORTS-
`(i) IN GENERAL- The President shall submit quarterly
reports to the designated congressional committees on
all assistance provided by the United States during the
preceding calendar quarter to the United Nations to
support peacekeeping operations.
`(ii) MATTERS INCLUDED- Each report under this
subparagraph shall describe the assistance provided for
each such operation, listed by category of assistance.
`(iii) FOURTH QUARTER REPORT- The report under this
subparagraph for the fourth calendar quarter of each
year shall be submitted as part of the annual report
required by subsection (d) and shall include cumulative
information for the preceding calendar year.
`(f) DESIGNATED CONGRESSIONAL COMMITTEES- In this section, the term
`designated congressional committees' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.'.
(2) CONFORMING REPEAL- Subsection (a) of section 407 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 448) is
repealed.
(c) RELATIONSHIP TO OTHER NOTICE REQUIREMENTS- Section 4 of the United
Nations Participation Act of 1945, as amended by subsection (b), is
further amended by adding at the end the following:
`(g) RELATIONSHIP TO OTHER NOTIFICATION REQUIREMENTS- Nothing in this
section is intended to alter or supersede any notification requirement
with respect to peacekeeping operations that is established under any
other provision of law.'.
TITLE XXII--UNITED NATIONS ACTIVITIES
SEC. 2201. UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.
(a) CONGRESSIONAL STATEMENT- It shall be the policy of the United
States to promote an end to the persistent inequity experienced by
Israel in the United Nations whereby Israel is the only longstanding
member of the organization to be denied acceptance into any of the
United Nation's regional blocs.
(b) POLICY ON ABOLITION OF CERTAIN UNITED NATIONS GROUPS- It shall be
the policy of the United States to seek abolition of certain United
Nations groups the existence of which is inimical to the ongoing
Middle East peace process, those groups being the Special Committee to
Investigate Israeli Practices Affecting the Human Rights of the
Palestinian People and other Arabs of the Occupied Territories; the
Committee on the Exercise of the Inalienable Rights of the Palestinian
People; the Division for the Palestinian Rights; and the Division on
Public Information on the Question of Palestine.
(c) ANNUAL REPORTS- On January 15 of each year, the Secretary of State
shall submit a report to the appropriate congressional committees (in
classified or unclassified form as appropriate) on--
(1) actions taken by representatives of the United States to
encourage the nations of the Western Europe and Others Group
(WEOG) to accept Israel into their regional bloc;
(2) other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations; and
(3) steps taken by the United States to secure abolition by the
United Nations of groups under subsection (b).
(d) ANNUAL CONSULTATION- At the time of the submission of each annual
report under subsection (c), the Secretary of State shall consult with
the appropriate congressional committees on specific responses
received by the Secretary of State from each of the nations of the
Western Europe and Others Group (WEOG) on their position concerning
Israel's acceptance into their organization.
SEC. 2202. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING
OPERATIONS.
Chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2348 et seq.) is amended by adding at the end the following:
`SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING
OPERATIONS.
`(a) UNITED STATES COSTS- The United States shall annually provide to
the Secretary General of the United Nations data regarding all costs
incurred by the United States in support of all United Nations
peacekeeping operations.
`(b) UNITED NATIONS MEMBER COSTS- The United States shall request that
the United Nations compile and publish information concerning costs
incurred by United Nations members in support of such operations.'.
SEC. 2203. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
STATES TO THE UNITED NATIONS.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)
is amended by adding at the end the following new section:
`SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
STATES TO THE UNITED NATIONS.
`(a) REQUIREMENT TO OBTAIN REIMBURSEMENT-
`(1) IN GENERAL- Except as provided in paragraph (2), the
President shall seek and obtain in a timely fashion a commitment
from the United Nations to provide reimbursement to the United
States from the United Nations whenever the United States
Government furnishes assistance pursuant to the provisions of law
described in subsection (c)--
`(A) to the United Nations when the assistance is designed
to facilitate or assist in carrying out an assessed
peacekeeping operation;
`(B) for any United Nations peacekeeping operation that is
authorized by the United Nations Security Council under
Chapter VI or Chapter VII of the United Nations Charter and
paid for by peacekeeping or regular budget assessment of the
United Nations members; or
`(C) to any country participating in any operation
authorized by the United Nations Security Council under
Chapter VI or Chapter VII of the United Nations Charter and
paid for by peacekeeping assessments of United Nations
members when the assistance is designed to facilitate or
assist the participation of that country in the operation.
`(2) EXCEPTIONS- (A) The requirement in paragraph (1) shall not
apply to--
`(i) goods and services provided to the United States Armed
Forces;
`(ii) assistance having a value of less than $3,000,000 per
fiscal year per operation;
`(iii) assistance furnished before the date of the enactment
of this section;
`(iv) salaries and expenses of civilian police and other
civilian and military monitors where United Nations policy
is to require payment by contributing members for similar
assistance to United Nations peacekeeping operations; or
`(v) any assistance commitment made before the date of the
enactment of the United Nations Reform Act of 1998.
`(B) The requirements of subsection (d)(1)(B) shall not apply to
the deployment of United States military forces when the
President determines that such deployment is important to the
security interests of the United States. The cost of such
deployment shall be included in the data provided under section
554 of the Foreign Assistance Act of 1961.
`(3) FORM AND AMOUNT-
`(A) AMOUNT- The amount of any reimbursement under this
subsection shall be determined at the usual rate established
by the United Nations.
`(B) FORM- Reimbursement under this subsection may include
credits against the United States assessed contributions for
United States peacekeeping operations, if the expenses
incurred by any United States department or agency providing
the assistance have first been reimbursed.
`(b) TREATMENT OF REIMBURSEMENTS-
`(1) CREDIT- The amount of any reimbursement paid the United
States under subsection (a) shall be credited to the current
applicable appropriation, fund, or account of the United States
department or agency providing the assistance for which the
reimbursement is paid.
`(2) AVAILABILITY- Amounts credited under paragraph (1) shall be
merged with the appropriations, or with appropriations in the
fund or account, to which credited and shall be available for the
same purposes, and subject to the same conditions and
limitations, as the appropriations with which merged.
`(c) COVERED ASSISTANCE- Subsection (a) applies to assistance provided
under the following provisions of law:
`(1) Sections 6 and 7 of this Act.
`(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the Foreign
Assistance Act of 1961.
`(3) Any other provisions of law pursuant to which assistance is
provided by the United States to carry out the mandate of an
assessed United Nations peacekeeping operation.
`(d) WAIVER-
`(1) AUTHORITY-
`(A) IN GENERAL- The President may authorize the furnishing
of assistance covered by this section without regard to
subsection (a) if the President determines, and so notifies
in writing the Committee on Foreign Relations of the Senate
and the Speaker of the House of Representatives, that to do
so is important to the security interests of the United
States.
`(B) CONGRESSIONAL NOTIFICATION- When exercising the
authorities of subparagraph (A), the President shall notify
the appropriate congressional committees in accordance with
the procedures applicable to reprogramming notifications
under section 634A of the Foreign Assistance Act of 1961.
`(2) CONGRESSIONAL REVIEW- Notwithstanding a notice under
paragraph (1) with respect to assistance covered by this section,
subsection (a) shall apply to the furnishing of the assistance
if, not later than 15 calendar days after receipt of a
notification under that paragraph, the Congress enacts a joint
resolution disapproving the determination of the President
contained in the notification.
`(3) SENATE PROCEDURES- Any joint resolution described in
paragraph (2) shall be considered in the Senate in accordance
with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976.
`(e) RELATIONSHIP TO OTHER REIMBURSEMENT AUTHORITY- Nothing in this
section shall preclude the President from seeking reimbursement for
assistance covered by this section that is in addition to the
reimbursement sought for the assistance under subsection (a).
`(f) DEFINITION- In this section, the term `assistance' includes
personnel, services, supplies, equipment, facilities, and other
assistance if such assistance is provided by the Department of Defense
or any other United States Government agency.'.
SEC. 2204. UNITED STATES POLICY REGARDING UNITED NATIONS PEACEKEEPING
OPERATIONS.
It shall be the policy of the United States--
(1) to ensure that major peacekeeping operations (in general,
those comprised of more than 10,000 troops) authorized by the
United Nations Security Council under Chapter VII of the United
Nations Charter (or missions such as the United Nations
Protection Force (UNPROFOR)) are undertaken by a competent
regional organization or a multinational force, and not
established as a peacekeeping operation under United Nations
operational control which would be paid for by assessment of
United Nations members;
(2) to consider, on a case-by-case basis, whether it is in the
national interest of the United States to agree that smaller
peacekeeping operations authorized by the United Nations Security
Council under Chapter VII of the United Nations Charter and paid
for by assessment of United Nations members (such as the United
Nations Transitional Authority in Slavonia (UNTAES)) should be
established as peacekeeping operations under United Nations
operational control which would be paid for by assessment of
United Nations members; and
(3) to oppose the establishment of United Nations peace
operations approved by the General Assembly and funded out of the
regular budget of the United Nations.
SEC. 2205. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED NATIONS
AND ITS SPECIALIZED AGENCIES.
For the fiscal year 1999, the President may withhold funds for the
United States assessed contribution to the United Nations or to any of
its specialized agencies in the same percentage and subject to the
same requirements as are applicable to the withholding of funds under
section 409 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 287e note).
SEC. 2206. CONTINUED EXTENSION OF PRIVILEGES, EXEMPTIONS, AND IMMUNITIES OF
THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT TO UNIDO.
Section 12 of the International Organizations Immunities Act (22
U.S.C. 288f-2) is amended by inserting `and the United Nations
Industrial Development Organization' after `International Labor
Organization'.
SEC. 2207. SENSE OF THE CONGRESS REGARDING COMPLIANCE WITH CHILD AND
SPOUSAL SUPPORT OBLIGATIONS BY UNITED NATIONS PERSONNEL.
(a) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(1) all United Nations staff, including diplomats, should comply
with binding United States Federal, State, and local court orders
regarding child and spousal support obligations;
(2) the internal regulations of the United Nations allows--
(A) the United Nations to release staff salary information
to the courts in spousal and child support cases;
(B) the Secretary General to authorize deduction of
dependency related allowances from staff salary; and
(C) the United Nations to cooperate with appropriate
authorities to facilitate proper legal or judicial
resolution of the family's claim.
(b) CONGRESSIONAL STATEMENT- The Secretary of State should urge the
United Nations to comply fully with regulations regarding compliance
with child and spousal support obligations by United Nations
personnel, in a timely manner and to the fullest extent possible.
TITLE XXIII--ARREARS PAYMENTS AND REFORM
CHAPTER 1--ARREARAGES TO THE UNITED NATIONS
Subchapter A--Authorization of Appropriations; Obligation and Expenditure
of Funds
SEC. 2301. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the
Department of State for payment of arrearages owed by the United
States described in subsection (b) as of September 30, 1997--
(1) $100,000,000 for fiscal year 1998;
(2) $475,000,000 for fiscal year 1999; and
(3) $244,000,000 for fiscal year 2000.
(b) LIMITATION- Amounts made available under subsection (a) are
authorized to be available only--
(1) to pay the United States share of assessments for the regular
budget of the United Nations;
(2) to pay the United States share of United Nations peacekeeping
operations;
(3) to pay the United States share of United Nations specialized
agencies; and
(4) to pay the United States share of other international
organizations.
(c) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to subsection
(a) are authorized to remain available until expended.
(d) STATUTORY CONSTRUCTION- For purposes of payments made pursuant to
subsection (a), section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)
shall not apply to United Nations peacekeeping operation assessments
received by the United States prior to October 1, 1995.
SEC. 2302. OBLIGATION AND EXPENDITURE OF FUNDS.
(a) IN GENERAL- Funds made available pursuant to section 2301 may be
obligated and expended only if the requirements of subsections (b) and
(c) of this section are satisfied.
(b) OBLIGATION AND EXPENDITURE UPON SATISFACTION OF CERTIFICATION
REQUIREMENTS- Subject to subsection (e), funds made available pursuant
to section 2301 may be obligated and expended only in the following
allotments and upon the following certifications:
(1) Amounts authorized to be appropriated for fiscal year 1998,
upon the certification described in section 2311.
(2) Amounts authorized to be appropriated for fiscal year 1999,
upon the certification described in section 2321.
(3) Amounts authorized to be appropriated for fiscal year 2000,
upon the certification described in section 2331.
(c) ADVANCE CONGRESSIONAL NOTIFICATION- Funds made available pursuant
to section 2301 may be obligated and expended only if the appropriate
certification has been submitted to the appropriate congressional
committees 30 days prior to the payment of the funds.
(d) TRANSMITTAL OF CERTIFICATIONS- Certifications made under this
chapter shall be transmitted by the Secretary of State to the
appropriate congressional committees.
(e) WAIVER AUTHORITY-
(1) FISCAL YEAR 1999 FUNDS- Subject to paragraph (3) and
notwithstanding subsection (b), funds made available under
section 2301 may be obligated or expended pursuant to subsection
(b)(2) even if the Secretary of State cannot certify that one of
the following three conditions has been satisfied:
(A) The condition described in section 2321(b)(1).
(B) The condition described in section 2321(b)(4).
(C) The condition described in section 2321(b)(5).
(2) FISCAL YEAR 2000 FUNDS- Subject to paragraph (3) and
notwithstanding subsection (b), funds made available under
section 2301 may be obligated or expended pursuant to subsection
(b)(3) even if the Secretary of State cannot certify that one of
the following seven conditions has been satisfied: A condition
described in paragraph (3), (4), (5), (6), (7), (8), or (9) of
section 2331(b).
(3) REQUIREMENTS-
(A) IN GENERAL- The authority to waive a condition under
paragraph (1) or (2) of this subsection may be exercised
only if--
(i) the Secretary of State determines that substantial
progress towards satisfying the condition has been made
and that the expenditure of funds pursuant to that
paragraph is important to the interests of the United
States; and
(ii) the Secretary of State has notified, and consulted
with, the appropriate congressional committees prior to
exercising the authority.
(B) EFFECT ON SUBSEQUENT CERTIFICATION- If the Secretary of
State exercises the authority of paragraph (1) with respect
to a condition, such condition shall be deemed to have been
satisfied for purposes of making any certification under
section 2331.
(4) ADDITIONAL REQUIREMENT- If the authority to waive a condition
under paragraph (1)(A) is exercised, the Secretary of State shall
notify the United Nations that the Congress does not consider the
United States obligated to pay, and does not intend to pay,
arrearages that have not been included in the contested
arrearages account or other mechanism described in section
2321(b)(1).
SEC. 2303. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE UNITED
STATES.
(a) FORGIVENESS OF INDEBTEDNESS- Subject to subsection (b), the
President is authorized to forgive or reduce any amount owed by the
United Nations to the United States as a reimbursement, including any
reimbursement payable under the Foreign Assistance Act of 1961 or the
United Nations Participation Act of 1945.
(b) LIMITATIONS-
(1) TOTAL AMOUNT- The total of amounts forgiven or reduced under
subsection (a) may not exceed $107,000,000.
(2) RELATION TO UNITED STATES ARREARAGES- Amounts shall be
forgiven or reduced under this section only to the same extent as
the United Nations forgives or reduces amounts owed by the United
States to the United Nations as of September 30, 1997.
(c) REQUIREMENTS- The authority in subsection (a) shall be available
only to the extent and in the amounts provided in advance in
appropriations Acts.
(d) CONGRESSIONAL NOTIFICATION- Before exercising any authority in
subsection (a), the President shall notify the appropriate
congressional committees in accordance with the same procedures as are
applicable to reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(e) EFFECTIVE DATE- This section shall take effect on the later of--
(1) the date a certification is transmitted to the appropriate
congressional committees under section 2331; or
(2) October 1, 1999.
Subchapter B--United States Sovereignty
SEC. 2311. CERTIFICATION REQUIREMENTS.
(a) CONTENTS OF CERTIFICATION- A certification described in this
section is a certification by the Secretary of State that the
following conditions are satisfied:
(1) SUPREMACY OF THE UNITED STATES CONSTITUTION- No action has
been taken by the United Nations or any of its specialized or
affiliated agencies that requires the United States to violate
the United States Constitution or any law of the United States.
(2) NO UNITED NATIONS SOVEREIGNTY- Neither the United Nations nor
any of its specialized or affiliated agencies--
(A) has exercised sovereignty over the United States; or
(B) has taken any steps that require the United States to
cede sovereignty.
(3) NO UNITED NATIONS TAXATION-
(A) NO LEGAL AUTHORITY- Except as provided in subparagraph
(D), neither the United Nations nor any of its specialized
or affiliated agencies has the authority under United States
law to impose taxes or fees on United States nationals.
(B) NO TAXES OR FEES- Except as provided in subparagraph
(D), a tax or fee has not been imposed on any United States
national by the United Nations or any of its specialized or
affiliated agencies.
(C) NO TAXATION PROPOSALS- Except as provided in
subparagraph (D), neither the United Nations nor any of its
specialized or affiliated agencies has, on or after October
1, 1996, officially approved any formal effort to develop,
advocate, or promote any proposal concerning the imposition
of a tax or fee on any United States national in order to
raise revenue for the United Nations or any such agency.
(D) EXCEPTION- This paragraph does not apply to--
(i) fees for publications or other kinds of fees that
are not tantamount to a tax on United States citizens;
(ii) the World Intellectual Property Organi-zation; or
(iii) the staff assessment costs of the United Nations
and its specialized or affiliated agencies.
(4) NO STANDING ARMY- The United Nations has not, on or after
October 1, 1996, budgeted any funds for, nor taken any official
steps to develop, create, or establish any special agreement
under Article 43 of the United Nations Charter to make available
to the United Nations, on its call, the armed forces of any
member of the United Nations.
(5) NO INTEREST FEES- The United Nations has not, on or after
October 1, 1996, levied interest penalties against the United
States or any interest on arrearages on the annual assessment of
the United States, and neither the United Nations nor its
specialized agencies have, on or after October 1, 1996, amended
their financial regulations or taken any other action that would
permit interest penalties to be levied against the United States
or otherwise charge the United States any interest on arrearages
on its annual assessment.
(6) UNITED STATES REAL PROPERTY RIGHTS- Neither the United
Nations nor any of its specialized or affiliated agencies has
exercised authority or control over any United States national
park, wildlife preserve, monument, or real property, nor has the
United Nations nor any of its specialized or affiliated agencies
implemented plans, regulations, programs, or agreements that
exercise control or authority over the private real property of
United States citizens located in the United States without the
approval of the property owner.
(7) TERMINATION OF BORROWING AUTHORITY-
(A) PROHIBITION ON AUTHORIZATION OF EXTERNAL BORROWING- On
or after the date of the enactment of this Act, neither the
United Nations nor any specialized agency of the United
Nations has amended its financial regulations to permit
external borrowing.
(B) PROHIBITION OF UNITED STATES PAYMENT OF INTEREST COSTS-
The United States has not, on or after October 1, 1984, paid
its share of any interest costs made known to or identified
by the United States Government for loans incurred, on or
after October 1, 1984, by the United Nations or any
specialized agency of the United Nations through external
borrowing.
(b) TRANSMITTAL- The Secretary of State may transmit a certification
under subsection (a) at any time during fiscal year 1998 or thereafter
if the requirements of the certification are satisfied.
Subchapter C--Reform of Assessments and United Nations Peacekeeping
Operations
SEC. 2321. CERTIFICATION REQUIREMENTS.
(a) IN GENERAL- A certification described in this section is a
certification by the Secretary of State that the conditions in
subsection (b) are satisfied. Such certification shall not be made by
the Secretary if the Secretary determines that any of the conditions
set forth in section 2311 are no longer satisfied.
(b) CONDITIONS- The conditions under this subsection are the
following:
(1) CONTESTED ARREARAGES- The United Nations has established an
account or other appropriate mechanism with respect to all United
States arrearages incurred before the date of the enactment of
this Act with respect to which payments are not authorized by
this Act, and the failure to pay amounts specified in the account
do not affect the application of Article 19 of the Charter of the
United Nations. The account established under this paragraph may
be referred to as the `contested arrearages account'.
(2) LIMITATION ON ASSESSED SHARE OF BUDGET FOR UNITED NATIONS
PEACEKEEPING OPERATIONS- The assessed share of the budget for
each assessed United Nations peacekeeping operation does not
exceed 25 percent for any single United Nations member.
(3) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET FOR THE
DESIGNATED SPECIALIZED AGENCIES- The share of the total of all
assessed contributions for the regular budget of the United
Nations or any designated specialized agency does not exceed 22
percent for any single United Nations member.
(4) REVIEW OF REGULAR BUDGET-FUNDED PEACE OPERATIONS- The
mandates of the United Nations Truce Supervision Organization
(UNTSO) and the United Nations Military Observer Group in India
and Pakistan (UNMOGIP) are reviewed annually by the Security
Council, and are subject to the notification requirements
pursuant to section 4(e) of the United Nations Participation Act
of 1945, as amended by section 2102(b) of this Act.
(5) PROCUREMENT-
(A) PROHIBITION ON PUNITIVE ACTIONS- The United Nations has
implemented a system that prohibits punitive actions, such
as suspension of contract eligibility against contractors on
the basis that they have challenged contract awards or
complained about delayed payments.
(B) PUBLIC ANNOUNCEMENT OF CERTAIN CONTRACT AWARDS- The
United Nations has implemented a system for public
announcement of the award of any contract over $100,000.
(C) NOTIFICATION OF UNSUCCESSFUL BIDDERS- The United Nations
has implemented a system to notify unsuccessful bidders for
contracts and to provide an explanation upon request of the
reason for rejection of their bids.
(D) PERIODIC REPORTING TO UNITED NATIONS MEMBERS- The United
Nations reports to all United Nations members on a regular
basis the value and a brief description of local procurement
contracts awarded in excess of $70,000.
Subchapter D--Budget and Personnel Reform
SEC. 2331. CERTIFICATION REQUIREMENTS.
(a) IN GENERAL- A certification described in this section is a
certification by the Secretary of State that the following conditions
in subsection (b) are satisfied. Such certification shall not be made
by the Secretary if the Secretary determines that any of the
conditions set forth in sections 2311 and 2321 are no longer
satisfied.
(b) CONDITIONS- The conditions under this subsection are the
following:
(1) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET- The share of
the total of all assessed contributions for the regular budget of
the United Nations, or any designated specialized agency of the
United Nations, does not exceed 20 percent for any single United
Nations member.
(2) INSPECTORS GENERAL FOR CERTAIN ORGANIZATIONS-
(A) ESTABLISHMENT OF OFFICES- Each designated specialized
agency has established an independent office of inspector
general to conduct and supervise objective audits,
inspections, and investigations relating to the programs and
operations of the organization.
(B) APPOINTMENT OF INSPECTORS GENERAL- The Director General
of each designated specialized agency has appointed an
inspector general, with the approval of the member states,
and that appointment was made principally on the basis of
the appointee's integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(C) ASSIGNED FUNCTIONS- Each inspector general appointed
under subparagraph (A) is authorized to--
(i) make investigations and reports relating to the
administration of the programs and operations of the
agency concerned;
(ii) have access to all records, documents, and other
available materials relating to those programs and
operations of the agency concerned; and
(iii) have direct and prompt access to any official of
the agency concerned.
(D) COMPLAINTS- Each designated specialized agency has
procedures in place designed to protect the identity of, and
to prevent reprisals against, any staff member making a
complaint or disclosing information to, or cooperating in
any investigation or inspection by, the inspector general of
the agency.
(E) COMPLIANCE WITH RECOMMENDATIONS- Each designated
specialized agency has in place procedures designed to
ensure compliance with the recommendations of the inspector
general of the agency.
(F) AVAILABILITY OF REPORTS- Each designated specialized
agency has in place procedures to ensure that all annual and
other relevant reports submitted by the inspector general to
the agency are made available to the member states without
modification except to the extent necessary to protect the
privacy rights of individuals.
(3) NEW BUDGET PROCEDURES FOR THE UNITED NATIONS- The United
Nations has established and is implementing budget procedures
that--
(A) require the maintenance of a budget not in excess of the
level agreed to by the General Assembly at the beginning of
each United Nations budgetary biennium, unless increases are
agreed to by consensus; and
(B) require the systemwide identification of expenditures by
functional categories such as personnel, travel, and
equipment.
(4) SUNSET POLICY FOR CERTAIN UNITED NATIONS PROGRAMS-
(A) EXISTING AUTHORITY- The Secretary General and the
Director General of each designated specialized agency have
used their existing authorities to require program managers
within the United Nations Secretariat and the Secretariats
of the designated specialized agencies to conduct
evaluations of United Nations programs approved by the
General Assembly and of programs of the designated
specialized agencies in accordance with the standardized
methodology referred to in subparagraph (B).
(B) DEVELOPMENT OF EVALUATION CRITERIA-
(i) UNITED NATIONS- The Office of Internal Oversight
Services has developed a standardized methodology for
the evaluation of United Nations programs approved by
the General Assembly, including specific criteria for
determining the continuing relevance and effectiveness
of the programs.
(ii) DESIGNATED SPECIALIZED AGENCIES- Patterned on the
work of the Office of Internal Oversight Services of
the United Nations, each designated specialized agency
has developed a standardized methodology for the
evaluation of programs of designated specialized
agencies, including specific criteria for determining
the continuing relevance and effectiveness of the
programs.
(C) PROCEDURES- Consistent with the July 16, 1997,
recommendations of the Secretary General of the United
Nations regarding a sunset policy and results-based
budgeting for United Nations programs, the United Nations
and each designated specialized agency has established and
is implementing procedures--
(i) requiring the Secretary General or the Director
General of the agency, as the case may be, to report on
the results of evaluations referred to in this
paragraph, including the identification of programs
that have met criteria for continuing relevance and
effectiveness and proposals to terminate or modify
programs that have not met such criteria; and
(ii) authorizing an appropriate body within the United
Nations or the agency, as the case may be, to review
each evaluation referred to in this paragraph and
report to the General Assembly on means of improving
the program concerned or on terminating the program.
(D) UNITED STATES POLICY- It shall be the policy of the
United States to seek adoption by the United Nations of a
resolution requiring that each United Nations program
approved by the General Assembly, and to seek adoption by
each designated specialized agency of a resolution requiring
that each program of the agency, be subject to an evaluation
referred to in this paragraph and have a specific
termination date so that the program will not be renewed
unless the evaluation demonstrates the continuing relevance
and effectiveness of the program.
(E) DEFINITION- For purposes of this paragraph, the term
`United Nations program approved by the General Assembly'
means a program approved by the General Assembly of the
United Nations, which is administered or funded by the
United Nations.
(5) UNITED NATIONS ADVISORY COMMITTEE ON ADMINISTRATIVE AND
BUDGETARY QUESTIONS-
(A) IN GENERAL- The United States has a seat on the United
Nations Advisory Committee on Administrative and Budgetary
Questions or the five largest member contributors each have
a seat on the Advisory Committee.
(B) DEFINITION- As used in this paragraph, the term `five
largest member contributors' means the five United Nations
member states that, during a United Nations budgetary
biennium, have more total assessed contributions than any
other United Nations member state to the aggregate of the
United Nations regular budget and the budget (or budgets)
for United Nations peacekeeping operations.
(6) ACCESS BY THE GENERAL ACCOUNTING OFFICE- The United Nations
has in effect procedures providing access by the United States
General Accounting Office to United Nations financial data to
assist the Office in performing nationally mandated reviews of
United Nations operations.
(7) PERSONNEL-
(A) APPOINTMENT AND SERVICE OF PERSONNEL- The Secretary
General--
(i) has established and is implementing procedures that
ensure that staff employed by the United Nations is
appointed on the basis of merit consistent with Article
101 of the United Nations Charter; and
(ii) is enforcing those contractual obligations
requiring worldwide availability of all professional
staff of the United Nations to serve and be relocated
based on the needs of the United Nations.
(B) CODE OF CONDUCT- The General Assembly has adopted, and
the Secretary General has the authority to enforce and is
effectively enforcing, a code of conduct binding on all
United Nations personnel, including the requirement of
financial disclosure statements binding on senior United
Nations personnel and the establishment of rules against
nepotism that are binding on all United Nations personnel.
(C) PERSONNEL EVALUATION SYSTEM- The United Nations has
adopted and is enforcing a personnel evaluation system.
(D) PERIODIC ASSESSMENTS- The United Nations has established
and is implementing a mechanism to conduct periodic
assessments of the United Nations payroll to determine total
staffing, and the results of such assessments are reported
in an unabridged form to the General Assembly.
(E) REVIEW OF UNITED NATIONS ALLOWANCE SYSTEM- The United
States has completed a thorough review of the United Nations
personnel allowance system. The review shall include a
comparison of that system with the United States civil
service, and shall make recommendations to reduce
entitlements to allowances and allowance funding levels from
the levels in effect on January 1, 1998.
(8) REDUCTION IN BUDGET AUTHORITIES- The designated specialized
agencies have achieved a negative growth budget in their biennium
budgets for 2000-01 from the 1998-99 biennium budget levels of
the respective agencies.
(9) NEW BUDGET PROCEDURES AND FINANCIAL REGULATIONS- Each
designated specialized agency has established procedures to--
(A) require the maintenance of a budget that does not exceed
the level agreed to by the member states of the organization
at the beginning of each budgetary biennium, unless
increases are agreed to by consensus;
(B) require the identification of expenditures by functional
categories such as personnel, travel, and equipment; and
(C) require approval by the member states of the agency's
supplemental budget requests to the Secretariat in advance
of expenditures under those requests.
CHAPTER 2--MISCELLANEOUS PROVISIONS
SEC. 2341. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.
Except as otherwise specifically provided, nothing in this title may
be construed to make available funds in violation of any provision of
law containing a specific prohibition or restriction on the use of the
funds, including section 114 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) and section 151
of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
(22 U.S.C. 287e note), and section 404 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note).
SEC. 2342. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER
INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS WITHDRAWN OR
RESCINDED FUNDING.
None of the funds authorized to be appropriated by this division shall
be used to pay any arrearage for--
(1) the United Nations Industrial Development Organization;
(2) any costs to merge that organization into the United Nations;
(3) the costs associated with any other organization of the
United Nations from which the United States has withdrawn
including the costs of the merger of such organization into the
United Nations; or
(4) the World Tourism Organization, or any other international
organization with respect to which Congress has rescinded
funding.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END