< Back to H.R. 2333 (103rd Congress, 1993–1994)

Text of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

This bill was enacted after being signed by the President on April 30, 1994. The text of the bill below is as of Feb 2, 1994 (Passed the Senate (Engrossed) with an Amendment).

This is not the latest text of this bill.

Source: GPO

HR 2333 EAS

In the Senate of the United States,

February 2 (legislative day, January 25), 1994.

Resolved, That the bill from the House of Representatives (H.R. 2333) entitled ‘An Act to authorize appropriations for the Department of State, the United States Information Agency, and related agencies, and for other purposes’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 1994 and 1995’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title and table of contents.

TITLE I--DEPARTMENT OF STATE

Part A--Authorization of Appropriations

      Sec. 101. Administration of foreign affairs.

      Sec. 102. International organizations, programs, and conferences.

      Sec. 103. International commissions.

      Sec. 104. Migration and refugee assistance.

      Sec. 105. Other programs.

Part B--Authorities and Activities

      Sec. 111. Authorized strength of the Foreign Service.

      Sec. 112. Transfers and reprogrammings.

      Sec. 113. Child care facilities at certain posts abroad.

      Sec. 114. Expenses relating to certain international claims and proceedings.

      Sec. 115. Prohibition on discriminatory contracts.

      Sec. 116. Emergencies in the Diplomatic and Consular Service.

      Sec. 117. Consular authorities.

      Sec. 118. Visas.

      Sec. 119. Role of the Foreign Service Institute.

      Sec. 120. Report on consolidation of administrative operations.

      Sec. 121. Local guard contracts abroad.

      Sec. 122. Annual country reports on terrorism.

      Sec. 123. Rewards for information regarding acts of international terrorism within the United States.

      Sec. 124. Property agreements.

      Sec. 125. Capital Investment Fund.

      Sec. 126. Technical amendment.

Part C--Department of State Organization

      Sec. 131. Under Secretary and Assistant Secretary positions.

      Sec. 132. Redesignation of position as Assistant Secretary for Democracy, Human Rights, and Labor.

      Sec. 133. Redesignation of position as Assistant Secretary for Narcotics, Terrorism, and Crime.

      Sec. 134. Administrative expenses for narcotics, terrorism, and crime.

      Sec. 135. Coordinator for international communications and information policy.

      Sec. 136. Refugee affairs.

      Sec. 137. Women’s human rights protection.

      Sec. 138. Repeals.

Part D--Personnel

      Sec. 141. Labor-management relations.

      Sec. 142. Waiver of limitation for certain claims for personal property damage or loss.

      Sec. 143. Salaries of chiefs of mission.

      Sec. 144. Senior Foreign Service performance pay.

      Sec. 145. Reassignment and retirement of former Presidential appointees.

      Sec. 146. Report on classification of Senior Foreign Service positions.

      Sec. 147. Allowances.

      Sec. 148. Inapplicability of rollover authority for certain allowances and other payments.

      Sec. 149. Grievances.

      Sec. 150. Mid-Level Women and Minority Placement Program.

      Sec. 151. Employment assistance referral system for certain Department of State employees.

      Sec. 152. Foreign language competence within the Foreign Service.

      Sec. 153. Designation of Foreign Language Resources Coordinator.

      Sec. 154. Foreign Language Translator and Interpreter Career Service Program.

      Sec. 155. Assignment of Foreign Service officers with advanced proficiency in foreign languages.

Part E--International Organizations

SUBPART A--UNITED NATIONS AND RELATED AGENCIES

      Sec. 161. Limitation on contributions to the United Nations and affiliated organizations.

      Sec. 162. United Nations Security Council membership.

      Sec. 163. Reforms in the World Health Organization.

      Sec. 164. Reforms in the Food and Agriculture Organization.

      Sec. 165. Reform in budget decisionmaking procedures of the United Nations and its specialized agencies.

      Sec. 166. United Nations budgetary and management reform.

      Sec. 167. American participation in management of United Nations.

      Sec. 168. Policy with respect to the establishment of an international criminal court.

      Sec. 169. International criminal court participation.

      Sec. 170. Protection of First and Fourth Amendment rights.

      Sec. 170A. Japan and Germany becoming permanent members of the United Nations Security Council.

      Sec. 170B. Transmittals of United Nations documents.

      Sec. 170C. Limitations on United States funding of United Nations peacekeeping activities.

      Sec. 170D. United Nations peacekeeping budgetary and management reform.

      Sec. 170E. Reporting requirements involving multilateral peacekeeping activities.

SUBPART B--OTHER INTERNATIONAL ORGANIZATIONS

      Sec. 171. International Boundary and Water Commission.

      Sec. 172. United States membership in the Asian-Pacific Economic Cooperation Organization.

      Sec. 173. Extension of the International Organizations Immunities Act to the International Union for Conservation of Nature and Natural Resources.

      Sec. 174. Inter-American organizations.

      Sec. 175. Prohibition on contributions to the International Coffee Organization.

      Sec. 176. Prohibition on contributions to the International Jute Organization.

Part F--Other State Department-Related Provisions

      Sec. 181. Migration and refugee amendments.

      Sec. 182. United States policy concerning overseas assistance to refugees and displaced persons.

      Sec. 183. Interparliamentary exchanges.

      Sec. 184. Report on terrorist assets in the United States.

      Sec. 185. Coordination of counterterrorism activities.

      Sec. 186. Facilitating access to the Department of State building.

      Sec. 187. Record of place of birth for Taiwanese-Americans.

      Sec. 188. Repeal of reporting requirements.

      Sec. 189. Sense of the Senate.

      Sec. 190. Value of contracted goods and services.

      Sec. 191. Budget justification for security costs.

TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

Part A--Authorization of Appropriations

      Sec. 201. Authorization of appropriations.

Part B--USIA and Related Agencies Authorities and Activities

      Sec. 211. Changes in administrative authorities.

      Sec. 212. Buying power maintenance account.

      Sec. 213. Contract authority.

      Sec. 214. Prohibition on discriminatory contracts.

      Sec. 215. United States transmitter in Kuwait.

      Sec. 216. Separate ledger accounts for grantees of the National Endowment for Democracy.

      Sec. 217. Limitation concerning participation in international expositions.

      Sec. 218. Authority to respond to public inquiries.

      Sec. 219. USIA office in Lhasa, Tibet.

      Sec. 220. Reports on United States Government exchange programs.

      Sec. 221. Scholarships for East Timorese students.

      Sec. 222. Cambodian scholarship and exchange programs.

      Sec. 223. Increasing African participation in USIA exchange programs.

      Sec. 224. Environment and Sustainable Development Exchange Program.

      Sec. 225. USIA vocational exchange program.

      Sec. 226. American studies collections.

      Sec. 227. Technical amendment relating to Near and Middle East research and training.

      Sec. 228. Distribution within the United States of United States Information Agency documentary film entitled ‘Crimes Against Humanity’.

      Sec. 229. Reduction in force authority with regard to the Foreign Service.

      Sec. 230. International exchange programs involving disability-related matters.

Part C--Mike Mansfield Fellowships

      Sec. 231. Short title.

      Sec. 232. Establishment of Mike Mansfield Fellowship Program.

      Sec. 233. Program requirements.

      Sec. 234. Separation of Government personnel during the fellowships.

      Sec. 235. Program review and report.

      Sec. 236. Definitions.

TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994

      Sec. 301. Short title.

      Sec. 302. Congressional findings and declaration of purposes.

      Sec. 303. Establishment of Broadcasting Board of Governors.

      Sec. 304. Functions of the Board.

      Sec. 305. Foreign policy guidance.

      Sec. 306. International Broadcasting Bureau.

      Sec. 307. Grants for Radio Free Europe, Radio Liberty, and Radio Free Asia.

      Sec. 308. Radio Free Asia.

      Sec. 309. Radio Free Europe and Radio Liberty.

      Sec. 310. Transition.

      Sec. 311. Preservation of American jobs.

      Sec. 312. Privatization of Radio Free Europe and Radio Liberty.

      Sec. 313. Definitions.

TITLE IV--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

      Sec. 401. Short title.

      Sec. 402. Purpose.

      Sec. 403. Findings.

      Sec. 404. Functions of the Commission.

      Sec. 405. Composition of the Commission.

      Sec. 406. Powers of the Commission.

      Sec. 407. Staff of the Commission.

      Sec. 408. Final report of Commission; termination.

TITLE V--SPOILS OF WAR ACT OF 1993

      Sec. 501. Short title.

      Sec. 502. Transfers of spoils of war.

      Sec. 503. Prohibition on transfers to countries which support terrorism.

      Sec. 504. Report on previous transfers.

      Sec. 505. Definitions.

      Sec. 506. Construction.

TITLE VI--THE KHMER ROUGE PROSECUTION AND EXCLUSION ACT

      Sec. 601. Short title.

      Sec. 602. Policy.

      Sec. 603. Establishment of State Department office.

      Sec. 604. Reporting requirement.

      Sec. 605. Exclusion from the United States.

TITLE VII--MISCELLANEOUS

      Sec. 701. Peace Corps.

      Sec. 702. Reporting requirements on occupied Tibet.

      Sec. 703. Policy on Middle East arms sales.

      Sec. 704. Providing material support to terrorists.

      Sec. 705. Torture convention implementation.

      Sec. 706. Applicability of Taiwan Relations Act.

      Sec. 707. Reports on relations with Taiwan.

      Sec. 708. United States policy concerning Iraqi Kurdistan.

      Sec. 709. Additional sanctions against North Korea.

      Sec. 710. Waiver of sanctions with respect to the Republic of Serbia and the Republic of Montenegro to promote democracy abroad.

      Sec. 711. Claims based on letters of credit for goods shipped but not paid for before imposition of national emergency.

      Sec. 712. Enforcement of nonproliferation treaties.

      Sec. 713. Sense of Senate on the peace process in Northern Ireland.

      Sec. 714. Control of reexports to terrorist countries.

      Sec. 715. Reports under the Arms Export Control Act.

      Sec. 716. Prohibition on third party incentive payments under the Arms Export Control Act.

      Sec. 717. Sense of Senate on United States policy on nuclear weapons proliferation by North Korea.

      Sec. 718. Sense of Senate on normalization of relations with Vietnam.

      Sec. 719. Study of democracy program effectiveness.

      Sec. 720. High-level visits to Taiwan.

      Sec. 721. Feedom of Information exemption for certain Open Skies Treaty data.

      Sec. 722. Transfer of certain obsolete or surplus defense articles in the war reserve allies stockpile to the Republic of Korea.

      Sec. 723. Pilot visa waiver project for Koreans visiting Alaska and Hawaii.

      Sec. 724. European nations participation in NATO.

      Sec. 725. Policy on termination of United States arms embargo.

      Sec. 726. Policy on preparing to reintroduce of tactical nuclear weapons to the Korean peninsula.

      Sec. 727. Asylum reforms.

      Sec. 728. Amendments to the PLO Commitments Compliance Act.

      Sec. 729. Safety of United States personnel in Sarajevo.

      Sec. 730. Notification of Congress on certain events involving the MTCR.

      Sec. 731. Extension of the Fair Trade in Auto Parts Act of 1988.

      Sec. 732. Report on the activities of the People’s Mujaheddin of Iran.

      Sec. 733. Reimbursement of State and local governments.

      Sec. 734. Restoration of withheld benefits.

      Sec. 735. Report on the use of foreign frozen or blocked assets.

      Sec. 736. Foreign policy.

      Sec. 737. Passport security.

      Sec. 738. Publishing international agreements.

      Sec. 739. Conference on Security and Cooperation in Europe.

      Sec. 740. Agreement on State and local taxation.

      Sec. 741. Fees for commercial services.

      Sec. 742. Personal services contracts abroad.

      Sec. 743. United States membership in the International Copper Study Group.

      Sec. 744. Prohibition on assistance to countries expropriating United States property.

      Sec. 745. Israel’s diplomatic status.

      Sec. 746. Policy regarding German participation in international peacekeeping operations.

      Sec. 747. United States citizens hired abroad.

      Sec. 748. Extension of certain adjudication provisions.

      Sec. 749. Policy regarding the North Korean nuclear weapons program.

      Sec. 750. Report on Russian military operations in the independent states of the former Soviet Union.

      Sec. 751. Report on Bosnian refugees.

      Sec. 752. Policy regarding the conditions which the Government of the People’s Republic of China should meet to continue to receive nondiscriminatory most-favored-nation treatment.

      Sec. 753. Implementation of Partnership for Peace.

      Sec. 754. Funding for democracy promotion programs.

      Sec. 755. Humanitarian activities.

      Sec. 756. Limitation on authority to transfer excess defense articles.

      Sec. 757. Missile technology exports to certain middle eastern and Asian countries.

      Sec. 758. Chinese fleeing coercive population control policies.

      Sec. 759. Opposition to financing by international financial institutions for countries expropriating United States property.

      Sec. 760. Report on dismantlement of nuclear weapons of the former Soviet Union.

      Sec. 761. Report on sanctions on Vietnam.

      Sec. 762. Coordinator for counter-terrorism.

      Sec. 763. Policy regarding the relationship of Thailand with its neighbors struggling for democracy, Cambodia and Burma.

      Sec. 764. Sewage treatment along the United States-Mexico border.

TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

      Sec. 801. Short title; references in title; table of contents.

      Sec. 802. Congressional declarations; purpose.

      Sec. 803. Purposes.

      Sec. 804. Repeals.

      Sec. 805. Director.

      Sec. 806. Bureaus, offices, and divisions.

      Sec. 807. Presidential special representatives.

      Sec. 808. Policy formulation.

      Sec. 809. Negotiation management.

      Sec. 810. Report on measures to coordinate research and development.

      Sec. 811. Negotiating records.

      Sec. 812. Verification of compliance.

      Sec. 813. Authorities with respect to nonproliferation matters.

      Sec. 814. Appointment and compensation of personnel.

      Sec. 815. Security requirements.

      Sec. 816. Annual report to Congress; authorization of appropriations.

      Sec. 817. Conforming amendments.

TITLE IX--ANTI-ECONOMIC DISCRIMINATION ACT OF 1994

      Sec. 901. Short title.

      Sec. 902. Congressional findings.

      Sec. 903. Prohibition on certain sales and leases.

TITLE X--MIDDLE EAST PEACE FACILITATION.

      Sec. 1001. Short title.

      Sec. 1002. Findings.

      Sec. 1003. Authority to suspend certain provisions.

TITLE XI--IRAN-IRAQ ARMS NON-PROLIFERATION AMENDMENTS OF 1994

      Sec. 1101. Short title, references in title.

      Sec. 1102. Statement of policy.

      Sec. 1103. Statement of purpose.

      Sec. 1104. Sanctions against persons.

      Sec. 1105. Sanctions against certain foreign countries.

      Sec. 1106. Waiver.

      Sec. 1107. Termination of sanctions.

      Sec. 1108. Stay of sanctions.

      Sec. 1109. Rules and regulations.

      Sec. 1110. Definitions.

      Sec. 1111. Sense of the Senate.

TITLE XII--IMMIGRATION AND NATIONALITY ACT

      Sec. 1201. Alien physically present in United States.

      Sec. 1202. Alien visa.

TITLE XIII--NUCLEAR PROLIFERATION PREVENTION ACT OF 1994

      Sec. 1301. Short title.

Subtitle A--Reporting on Nuclear Exports

      Sec. 1311. Reports to Congress.

Subtitle B--Sanction for Nuclear Proliferation

      Sec. 1321. Imposition of sanction.

      Sec. 1322. Eligibility for assistance.

      Sec. 1323. Role of international financial institutions.

      Sec. 1324. Amendments to the Federal Deposit Insurance Corporation Improvement Act of 1991.

      Sec. 1325. Export-Import Bank.

      Sec. 1326. Amendment to the Arms Export Control Act.

      Sec. 1327. Reward.

      Sec. 1328. Reports.

      Sec. 1329. Technical correction.

      Sec. 1330. Definitions.

      Sec. 1331. Effective date.

Subtitle C--International Atomic Energy Agency

      Sec. 1341. Bilateral and multilateral initiatives.

      Sec. 1342. IAEA internal reforms.

      Sec. 1343. Reporting requirement.

      Sec. 1344. Definitions.

TITLE XIV--CROATIA

      Sec. 1401. Findings.

      Sec. 1402. Policy towards Croatia.

TITLE XV--UNITED STATES PARTICIPATION IN UNITED NATIONS PEACEKEEPING OPERATIONS

      Sec. 1501. Cost assessment report regarding any United States participation in action under Article 42 of the United Nations Charter

      Sec. 1502. Congressional notification regarding any United States implementation of Article 43 of the United Nations Charter.

      Sec. 1503. Report on United Nations peacekeeping activities.

      Sec. 1504. United States participation in United Nations peacekeeping operations.

TITLE I--DEPARTMENT OF STATE

PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    (a) IN GENERAL- 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 $1,658,184,000 for the fiscal year 1994 and $1,658,184,000 for the fiscal year 1995.

      (2) SALARIES AND EXPENSES- For ‘Salaries and Expenses’, of the Department of State $455,816,000 for the fiscal year 1994 and $455,816,000 for the fiscal year 1995.

      (3) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD- For ‘Acquisition and Maintenance of Buildings Abroad’, $294,850,000 for the fiscal year 1994 and $294,850,000 for the fiscal year 1995.

      (4) BUYING POWER MAINTENANCE FUND- For ‘Buying Power Maintenance Fund’, $4,000,000 for the fiscal year 1994 and $4,000,000 for the fiscal year 1995.

      (5) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $4,881,000 for the fiscal year 1994 and $4,881,000 for the fiscal year 1995.

      (6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For ‘Emergencies in the Diplomatic and Consular Service’, $8,000,000 for the fiscal 1994 and $8,000,000 for the fiscal year 1995.

      (7) OFFICE OF THE INSPECTOR GENERAL- For ‘Office of the Inspector General’, $24,055,000 for the fiscal year 1994 and $24,055,000 for the fiscal year 1995.

      (8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For ‘Payment to the American Institute in Taiwan’, $15,484,000 for the fiscal year 1994 and $15,484,000 for the fiscal year 1995.

      (9) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS- For ‘Protection of Foreign Missions and Officials’, $10,814,000 for the fiscal year 1994 and $10,814,000 for the fiscal year 1995.

      (10) REPATRIATION LOANS- For ‘Repatriation Loans’, $817,000 for the fiscal year 1994 and $817,000 for the fiscal year 1995, for administrative expenses.

    (b) LIMITATIONS- (1) Of the amounts authorized to be appropriated for ‘Diplomatic and Consular Programs’ under subsection (a)(1)--

      (A) $10,000,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 for grants, contracts, and other activities to conduct research and promote international cooperation on environmental and other scientific issues; and

      (B) $500,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 to carry out the activities of the Office of Cambodian Genocide Investigations established under section 603 of this Act.

    (2) Of the amounts authorized to be appropriated for ‘Salaries and Expenses’ under subsection (a)(2), $300,000 is authorized to be appropriated for the fiscal year 1994 and $300,000 for the fiscal year 1995 for the Foreign Language Translator and Interpreter Career Service Program established by section 157.

    (3) Of the amounts authorized to be appropriated for ‘Salaries and Expenses’ under subsection (a)(2), $950,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 to carry out the activities of the Commission on Protecting and Reducing Government Secrecy established under title IV of this Act.

    (4) Of the amounts authorized to be appropriated for ‘Salaries and Expenses’ under subsection (a)(2), $300,000 for each of the fiscal years 1994 and 1995 is authorized to be available for the recruitment by the Department of State of Hispanic American students from United States institutions of higher education (as defined in section 1201(a) of the Higher Education Act of 1965) with a high percentage enrollment of Hispanic Americans for the purpose of training such individuals for careers in the Foreign Service and international affairs.

SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.

    (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS- There are authorized to be appropriated for ‘Contributions to International Organizations’, $865,885,000 for the fiscal year 1994 and $1,000,053,000 for the fiscal year 1995 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) WITHHOLDING OF FUNDS- Notwithstanding any other provision of law, the funds authorized to be appropriated for ‘Contributions for International Organizations’ shall be reduced in the amount of $118,875,000 for each fiscal years 1994 and 1995, and for each year thereafter, unless the President has certified to the Speaker of the House of Representatives and to the President of the Senate that no United Nations agency or United Nations-affiliated agency grants any official status, accreditation, or recognition to any organization which promotes, condones, or seeks the legalization of pedophilia, or which includes as a subsidiary or member any such organization.

    (c) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $422,744,000 for the fiscal year 1994 and $487,472,000 for the fiscal year 1995 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.

    (d) INTERNATIONAL CONFERENCES AND CONTINGENCIES- There are authorized to be appropriated for ‘International Conferences and Contingencies’, $6,600,000 for the fiscal year 1994 and $6,600,000 for the fiscal year 1995 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.

    (e) FOREIGN CURRENCY EXCHANGE RATES- In addition to amounts otherwise authorized to be appropriated by subsections (a) and (b) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 and 1995 to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations.

SEC. 103. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated under ‘International Commissions’ for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:

      (1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO- For ‘International Boundary and Water Commission, United States and Mexico’--

        (A) for ‘Salaries and Expenses’ $11,330,000 for the fiscal year 1994 and $11,300,000 for the fiscal year 1995; and

        (B) for ‘Construction’ $14,790,000 for the fiscal year 1994 and $17,790,000 for the fiscal year 1995.

      (2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA- For ‘International Boundary Commission, United States and Canada’, $760,000 for the fiscal year 1994 and $760,000 for the fiscal year 1995.

      (3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $3,643,000 for the fiscal year 1994 and $3,643,000 for the fiscal year 1995.

      (4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $16,200,000 for the fiscal year 1994 and $14,200,000 for the fiscal year 1995.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1)(A) There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities, $585,688,000 for the fiscal year 1994 and $585,688,000 for the fiscal year 1995.

      (B) Of the amounts authorized to be appropriated under subparagraph (A), $1,500,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 for humanitarian assistance, including, but not limited to, food, medicine, clothing, medical and vocational training to Burmese, including persons still within Burma, displaced as a result of civil conflict.

      (2) There are authorized to be appropriated $80,000,000 for the fiscal year 1994 and $80,000,000 for the fiscal year 1995 for assistance for refugees resettling in Israel.

    (b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to subsection (a) are authorized to be available until expended.

SEC. 105. OTHER PROGRAMS.

    The following amounts are authorized to be appropriated 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) UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS- For ‘United States Bilateral Science and Technology Agreements’, $4,500,000 for the fiscal year 1994 and $4,500,000 for the fiscal year 1995.

      (2) ASIA FOUNDATION- For ‘Asia Foundation’, $18,693,000 for the fiscal year 1994 and $18,693,000 for the fiscal year 1995.

PART B--AUTHORITIES AND ACTIVITIES

SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

    (a) END FISCAL YEAR 1994 LEVELS- The number of members of the Foreign Service authorized to be employed as of September 30, 1994--

      (1) for the Department of State, shall not exceed 9,100, of whom not more than 820 shall be members of the Senior Foreign Service; and

      (2) for the United States Information Agency, shall not exceed 1,200, of whom not more than 175 shall be members of the Senior Foreign Service.

    (b) END FISCAL YEAR 1995 LEVELS- The number of members of the Foreign Service authorized to be employed as of September 30, 1995--

      (1) for the Department of State, shall not exceed 9,100, of whom not more than 770 shall be members of the Senior Foreign Service; and

      (2) for the United States Information Agency, not to exceed 1,200, of whom not more than 165 shall be members of the Senior Foreign Service.

    (c) DEFINITION- For the purposes of this section, the term ‘members of the Foreign Service’ is used within the meaning of such term under section 103 of the Foreign Service Act of 1980 (22 U.S.C 3903), except that such term does not include--

      (1) members of the Service under paragraphs (6) and (7) of such section;

      (2) members of the Service serving under temporary resident appointments abroad;

      (3) members of the Service employed on less than a full-time basis;

      (4) members of the Service subject to involuntary separation in cases in which such separation has been suspended pursuant to section 1106(8) of the Foreign Service Act of 1980; and

      (5) members of the Service serving under non-career limited appointments.

    (d) WAIVER AUTHORITY- (1) Subject to paragraph (2), the Secretary of State and the Director of the United States Information Agency may waive any limitation under subsection (a) or (b) which applies to the Department of State or the United States Information Agency, as the case may be, to the extent that such waiver is necessary to carry on the foreign affairs functions of the United States.

    (2) Not less than 15 days before any agency head implements a waiver under paragraph (1), such agency head shall notify the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such notice shall include an explanation of the circumstances and necessity for such waiver.

SEC. 112. TRANSFERS AND REPROGRAMMINGS.

    (a) AMENDMENTS TO THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956- Section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended--

      (1) in subsection (b)(7), by striking subparagraph (E);

      (2) in subsection (d)(1)--

        (A) by striking ‘the second’ and inserting ‘either’; and

        (B) by striking ‘such second’ and inserting ‘such’;

      (3) in subsection (d)(2) by amending the first sentence to read as follows: ‘Amounts appropriated for the ‘Diplomatic and Consular Programs’ account may not exceed by more than 5 percent the amount specifically authorized to be appropriated for such account for a fiscal year.’; and

      (4) by striking subsection (d)(4).

    (b) DIPLOMATIC CONSTRUCTION PROGRAM- Section 401 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851) is amended by striking subsections (c) and (h)(3).

    (c) REPROGRAMMING- Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended in subsection (a)(7) by striking ‘$500,000’ and inserting ‘$1,000,000’.

SEC. 113. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.

    Section 31 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2703) is amended in subsection (e) by striking ‘For the fiscal years 1992 and 1993, the’ and inserting ‘The’.

SEC. 114. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND PROCEEDINGS.

    Section 38 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710) is amended by adding at the end the following new subsections:

    ‘(c) PROCUREMENT OF SERVICES- The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding before an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure other support services for such proceedings or claims. The Secretary need not provide any written justification for the use of procedures other than competitive procedures when procuring such services under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement.

    ‘(d) INTERNATIONAL LITIGATION FUND-

      ‘(1) ESTABLISHMENT- In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the Department related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the ‘ILF’). The ILF may be available without fiscal year limitation. Funds otherwise available to the Department for the purposes of this paragraph may be credited to the ILF.

      ‘(2) REPROGRAMMING PROCEDURES- Funds credited to the ILF shall be treated as a reprogramming of funds under section 34 and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3).

      ‘(3) TRANSFERS OF FUNDS- Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF.

      ‘(4) USE OF FUNDS- Funds deposited in the ILF shall be available only for the purposes of paragraph (1).’.

SEC. 115. PROHIBITION ON DISCRIMINATORY CONTRACTS.

    (a) PROHIBITION-

      (1) Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any contract that expends funds appropriated to the Department of State for an amount in excess of the small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))--

        (A) with a foreign person that complies with the Arab League boycott of Israel, or

        (B) with any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.

      (2) For purposes of this section--

        (A) a foreign person complies with the boycott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking, except that for purposes of this paragraph, the term ‘United States person’ as used in subparagraphs (B) and (C) of section 8(a)(1) of such Act shall be deemed to mean ‘person’; and

        (B) the term ‘foreign person’ means any person other than a United States person as defined in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2415).

      (3) For purposes of paragraph (1), a foreign person shall be deemed not to comply with the boycott of Israel by Arab League countries if that person, or the Secretary of State or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Secretary of State or his designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.

    (b) WAIVER BY SECRETARY OF STATE- The Secretary of State may waive the requirements of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

    (c) RESPONSES TO CONTRACT SOLICITATIONS- (1) Except as provided in paragraph (2) of this subsection, the Secretary of State shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a contract covered by subsection (a), includes the following clause, in substantially the following form:

‘ARAB LEAGUE BOYCOTT OF ISRAEL

    ‘(a) DEFINITIONS- As used in this clause--

      ‘(1) the term ‘foreign person’ means any person other than a United States person as defined in paragraph (2); and

      ‘(2) the term ‘United States person’ means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

    ‘(b) CERTIFICATION- By submitting this offer, the Offeror certifies that it is not--

      ‘(1) taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking; or

      ‘(2) discriminating in the award of subcontracts on the basis of religion.’.

    (2) An Offeror would not be required to include the certification required by paragraph (1), if the Offeror is deemed not to comply with the Arab League boycott of Israel by the Secretary of State or a designee on the basis of available information. Certification by the Secretary of State or a designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.

    (3) The Secretary of State shall ensure that all State Department contract solicitations include a detailed explanation of the requirements of section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)).

    (d) REVIEW AND TERMINATION- (1) The Department of State shall conduct reviews of the certifications submitted pursuant to this section for the purpose of assessing the accuracy of the certifications.

    (2) Upon complaint of any foreign or United States person of a violation of the certification as required by this section, filed with the Secretary of State, the Department of State shall investigate such complaint, and if such complaint is found to be correct and a violation of the certification has been found, all contracts with such violator shall be terminated for default as soon as practicable, and, for a period of two years thereafter, the State Department shall not enter into any contracts with such a violator.

SEC. 116. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.

    Section 4(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671(c)) is amended by striking ‘and the Foreign Service’ and by striking ‘an annual confidential’ and inserting ‘a periodic’.

SEC. 117. CONSULAR AUTHORITIES.

    (a) PERSONS AUTHORIZED TO ISSUE PASSPORTS ABROAD- The Act entitled ‘An Act to regulate the issue and validity of passports, and for other purposes’, approved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a), is amended by striking ‘by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge,’ and inserting ‘by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States,’.

    (b) NOTARIAL AUTHORITY- Section 7 of the Act entitled ‘An Act to provide for the reorganization of the consular service of the United States’, approved April 5, 1906 (34 Stat. 100; 22 U.S.C. 4221), is amended by adding at the end the following new sentence: ‘Pursuant to such regulations as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.’.

SEC. 118. VISAS.

    (a) SURCHARGE FOR PROCESSING CERTAIN VISAS- (1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas.

    (2) Fees collected under the authority of subsection (a) shall be deposited in the general fund of the Treasury and available to the Department of State, subject to amounts provided in advance in appropriations Acts, to recover the costs of providing consular services, which shall include the payment of any fees for access to the criminal history records of the Federal Bureau of Investigation for processing visa applications and making immigration eligibility determinations. Such fees shall remain available for obligation until expended.

    (3) For fiscal years 1994 and 1995, fees deposited under the authority of paragraph (2) may not exceed a total of $107,500,000.

    (4) The provisions of the Act of August 18, 1856 (Revised Statutes 1726-28; 22 U.S.C. 2212-14), concerning accounting for consular fees shall not apply to fees collected under this subsection.

    (5) No fee or surcharge authorized under subsection (a)(1) may be charged to a national of a country that is a signatory to the North American Free Trade Agreement.

    (b) AUTOMATED VISA LOOKOUT SYSTEM- Not later than 24 months after the date of the enactment of this Act, the Secretary of State shall implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities.

    (c) PROCESSING OF VISAS FOR ADMISSION TO THE UNITED STATES- (1)(A) Beginning 24 months after the date of the enactment of this Act, whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, has been made and that there is no basis under such system for the exclusion of such alien.

    (B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien’s name is included in the Department of State’s visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien’s name in such system, the consular officer’s failure shall be made a matter of record and shall be considered as a serious negative factor in the officer’s annual performance evaluation.

    (2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious loss of life or property in the United States, the Secretary of State shall convene an Accountability Review Board under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

SEC. 119. ROLE OF THE FOREIGN SERVICE INSTITUTE.

    Chapter 7 of the Foreign Service Act of 1980 is amended--

      (1) in the chapter title, by striking ‘Foreign Service Institute,’;

      (2) in section 701 (22 U.S.C. 4021)--

        (A) by striking the section title and inserting ‘Institution for Training.’;

        (B) in subsection 701(a)--

          (i) by striking ‘the Foreign Service Institute (hereinafter in this chapter referred to as the ‘Institute’)’ and inserting ‘an institution or center for training (hereinafter in this chapter referred to as the ‘institution’)’; and

          (ii) by striking ‘Institute’ and inserting ‘institution’;

        (C) by adding at the end the following new subsection:

    ‘(d)(1) The Secretary of State is authorized to provide for special professional foreign affairs training and instruction of employees of foreign governments through the institution.

    ‘(2) Training and instruction under paragraph (1) shall be on a reimbursable or advance-of-funds basis. Such reimbursements or advances to the Department of State may be provided by an agency of the United States Government or by a foreign government and shall be credited to the currently available applicable appropriation account.

    ‘(3) Training should be made available in the first instance to officials from newly emerging democratic nations, and then to other nations as deemed to be in the national interest of the United States.

    ‘(4) The authorities of section 704 shall apply to training and instruction provided under this section.’;

      (3) in subsection 701(b) and sections 702, 704, 705, and 707, by striking ‘Foreign Service Institute’ and ‘Institute’ wherever they appear and inserting ‘institution’.

SEC. 120. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.

    Not later than 180 days after the date of the enactment of this Act, the Secretary of State, jointly with the Director of the United States Information Agency and the Administrator of the Agency for International Development, shall submit to the Chairman of the Committee on Foreign Relations of the Senate and to the Speaker of the House of Representatives a report concerning the feasibility of consolidating domestic administrative operations for the Department of State, the United States Information Agency, and the Agency for International Development. Such report shall include specific recommendations for implementation of such consolidation.

SEC. 121. LOCAL GUARD CONTRACTS ABROAD.

    Section 136(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is amended--

      (1) in paragraph (2), by striking ‘due to their distance from the post’;

      (2) by redesignating paragraphs (2) and (3) as paragraphs (7) and (8), respectively; and

      (3) by inserting after paragraph (1) the following:

      ‘(2) absent compelling reasons, award such contracts through the competitive process;

      ‘(3) in evaluating and scoring proposals for such contracts, award not less than 60 percent of the total points on the basis of technical factors and subfactors;

      ‘(4) allow all solicitations to be bid in United States dollars;

      ‘(5) ensure that contracts awarded to United States firms are paid in United States dollars; and

      ‘(6) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits.’.

SEC. 122. ANNUAL COUNTRY REPORTS ON TERRORISM.

    Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended in subsection (b)(2)--

      (1) by striking ‘and’ at the end of subparagraph (C);

      (2) by striking the period at the end of subparagraph (D) and inserting ‘; and’; and

      (3) by adding at the end the following new subparagraph:

        ‘(E) efforts by the United States to eliminate international financial support provided to those groups directly or provided in support of their activities.’.

SEC. 123. REWARDS FOR INFORMATION REGARDING ACTS OF INTERNATIONAL TERRORISM WITHIN THE UNITED STATES.

    Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--

      (1) in subsection (b)(1)(A), by striking ‘and is primarily outside the territorial jurisdiction of the United States’; and

      (2) in subsection (i)--

        (A) by striking ‘and’ at the end of paragraph (1);

        (B) by striking the period at the end of paragraph (2) and inserting ‘; and’; and

        (C) by adding at the end the following new paragraph:

      ‘(3) the term ‘international terrorism’ means activities that--

        ‘(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;

        ‘(B) appear to be intended--

          ‘(i) to intimidate or coerce a civilian population;

          ‘(ii) to influence the policy of a government by intimidation or coercion; or

          ‘(iii) to effect the conduct of a government by assassination or kidnapping; and

        ‘(C) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.’.

SEC. 124. PROPERTY AGREEMENTS.

    Whenever the Department of State enters into lease-purchase agreements involving property in foreign countries pursuant to section 1 of the Foreign Service Buildings Act (22 U.S.C. 292), the Department shall account for such transactions in accordance with fiscal year obligations.

SEC. 125. CAPITAL INVESTMENT FUND.

    (a) ESTABLISHMENT- There is established within the Department of State a Capital Investment Fund to provide for the procurement of information technology and other related capital investments for the Department of State and to ensure the efficient management, coordination, operation, and utilization of such resources.

    (b) FUNDING- Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund.

    (c) AVAILABILITY- Amounts deposited into the Fund are authorized to remain available until expended.

    (d) EXPENDITURES FROM THE FUND- Amounts deposited in the Fund shall be available for expenditure to procure capital equipment and information technology.

    (e) REPROGRAMMING PROCEDURES- Funds credited to the Capital Investment Fund shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.

SEC. 126. TECHNICAL AMENDMENT.

    Section 2 of the State Department Basic Authorities Act of 1956 is amended by striking ‘(l) pay’ and inserting ‘(m) pay’.

PART C--DEPARTMENT OF STATE ORGANIZATION

SEC. 131. UNDER SECRETARY AND ASSISTANT SECRETARY POSITIONS.

    (a) NUMBERS OF UNDER SECRETARIES AND ASSISTANT SECRETARIES- Section 1 of the Act of May 26, 1949, as amended (22 U.S.C. 2652), is further amended by striking everything after ‘Deputy Secretary of State’ and inserting in lieu thereof ‘and not more than 5 Under Secretaries of State and not more than 20 Assistant Secretaries of State.’.

    (b) OTHER SENIOR OFFICIALS- In addition to such other officials of the Department of State who are authorized to be compensated at level IV of the Executive Schedule of section 5315 of title 5, United States Code, not more than 4 other officers of the Department of State are authorized to be compensated at such level, and shall be appointed by the President, by and with the advice and consent of the Senate.

    (c) CONFORMING AMENDMENTS- (1) Section 9(a) of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2655a) is amended--

      (A) by striking ‘In addition to the positions provided under the first section of the Act of May 26, 1949, as amended (22 U.S.C. 2652), there’ and inserting in lieu thereof ‘There’; and

      (B) by inserting before the period at the end of the subsection ‘and for such other related duties as the Secretary may from time to time designate’.

    (2) Section 122(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended by striking ‘, which is in addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652)’.

    (3) Section 5314 of title 5, United States Code, is amended by striking:

    ‘Under Secretary of State for Political Affairs and Under Secretary of State for Economic and Agricultural Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management.

    ‘Counselor of the Department of State.’

    and inserting in lieu thereof:

    ‘Under Secretaries of State (5).’.

    (4) Section 5315 of title 5, United States Code, is amended by striking:

    ‘Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.’,

    ‘Assistant Secretary for International Narcotics Matters, Department of State.’,

    ‘Assistant Secretary for South Asian Affairs, Department of State.’,

    ‘Legal Adviser of the Department of State.’, and

    ‘Chief of Protocol, Department of State.’.

    (5) Section 5315 of title 5, United States Code, as amended, is further amended by striking:

    ‘Assistant Secretaries of State (15)’

    and inserting in lieu thereof:

    ‘Assistant Secretaries of State (20) and 4 other officers of the Department of State appointed by the President, by and with the advice and consent of the Senate.’.

    (d) OFFICE OF COUNSELOR; LEGAL ADVISER- (1) The Act entitled ‘An Act to create the Office of Counselor of the United States’ (May 18, 1937; Public Law 75-91; 22 U.S.C. 2655) is repealed.

    (2) Section 30 of the Act entitled ‘An Act for the reorganization and improvement of the Foreign Service of the United States and for other purposes’ (May 24, 1924; Public Law 68-135; 22 U.S.C. 2654) is repealed.

    (e) ASSUMPTION OF DUTIES- The individual holding the Office of Counselor on the date of enactment of this Act shall assume the duties of an Under Secretary of State for Global Affairs and shall not be required to be reappointed by reason of the enactment of this section.

SEC. 132. REDESIGNATION OF POSITION AS ASSISTANT SECRETARY FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR.

    (a) REDESIGNATION OF POSITION- The Foreign Assistance Act of 1961 is amended--

      (1) in section 116(c) (22 U.S.C. 2151n), by striking ‘Assistant Secretary for Human Rights and Humanitarian Affairs’ and inserting ‘Assistant Secretary of State for Democracy, Human Rights, and Labor’;

      (2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by striking ‘Human Rights and Humanitarian Affairs’ each place it appears and inserting ‘Democracy, Human Rights, and Labor’;

      (3) in subsection 573(c) by striking ‘Human Rights and Humanitarian Affairs’ and inserting ‘Democracy, Human Rights, and Labor’; and

      (4) in section 624(f) (22 U.S.C. 2384(f))--

        (A) by striking ‘Human Rights and Humanitarian Affairs’ each place it appears and inserting ‘Democracy, Human Rights, and Labor’;

        (B) by striking ‘refugees, prisoners of war,’ each place it appears and inserting ‘prisoners of war’; and

        (C) in paragraph (1), by inserting before the period at the end of the first sentence ‘, and such other related duties as the Secretary may from time to time designate’.

    (b) CONFORMING AMENDMENT- Section 5(d)(1) of the Arms Export Control Act (22 U.S.C. 2755(d)(1)) is amended by striking ‘Assistant Secretary of State for Human Rights and Humanitarian Affairs’ and inserting in lieu thereof ‘Assistant Secretary of State for Democracy, Human Rights, and Labor’.

    (c) ASSUMPTION OF DUTIES- The individual holding the office of Assistant Secretary of State for Human Rights and Humanitarian Affairs on the date of enactment of this Act shall assume the duties of Assistant Secretary of State for Democracy, Human Rights, and Labor and shall not be required to be reappointed by reason of the enactment of this section.

SEC. 133. REDESIGNATION OF POSITION AS ASSISTANT SECRETARY FOR NARCOTICS, TERRORISM, AND CRIME.

    (a) REDESIGNATION OF OFFICE- Section 115(a) of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended--

      (1) in the section heading, by striking ‘INTERNATIONAL NARCOTICS MATTERS’ and inserting in lieu thereof ‘NARCOTICS, TERRORISM, AND CRIME’; and

      (2) in the text--

        (A) by striking ‘, in addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652),’;

        (B) by striking ‘International Narcotics Matters’ and inserting ‘Narcotics, Terrorism and Crime’; and

        (C) by inserting before the period at the end ‘and such other related duties as the Secretary may from time to time designate’.

    (b) ASSUMPTION OF DUTIES- The individual holding the office of Assistant Secretary of State for International Narcotics Matters on the date of enactment of this Act shall assume the duties of Assistant Secretary of State for Narcotics, Terrorism, and Crime and shall not be required to be reappointed by reason of the enactment of this section.

SEC. 134. ADMINISTRATIVE EXPENSES FOR NARCOTICS, TERRORISM, AND CRIME.

    Section 482 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a) is amended by adding the following new subsection:

    ‘(d) ADMINISTRATIVE ASSISTANCE- (1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters.

    ‘(2) Paragraph (1) shall not apply if to do so would result in a reduction in funds available for antinarcotics assistance to foreign countries.’.

SEC. 135. COORDINATOR FOR INTERNATIONAL COMMUNICATIONS AND INFORMATION POLICY.

    (a) IN GENERAL- Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended--

      (1) by striking subsection (a); and

      (2) in subsection (b)--

        (A) by striking the text above paragraph (1) and inserting the following: ‘The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international communications and information policy. The Secretary of State shall--’;

        (B) by striking paragraph (2);

        (C) by redesignating paragraph (1) as paragraph (2);

        (D) by inserting before redesignated paragraph (2) the following:

      ‘(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;’.

        (E) in redesignated paragraph (2), by striking ‘with the bureaus and offices of the Department of State and’, and inserting before the semicolon ‘and with the Federal Communications Commission, as appropriate’; and

        (F) in paragraph (3), by striking ‘the Senior Interagency Group on International Communications and Information Policy’ and inserting ‘any senior interagency policymaking group on international telecommunications and information policy and chair such interagency meetings as may be necessary to coordinate actions on pending issues;’.

    (b) RULE OF CONSTRUCTION- Nothing in the amendments made by this section affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Communications Commission, or any officer thereof.

SEC. 136. REFUGEE AFFAIRS.

    (a) COORDINATION OF REFUGEE AFFAIRS- Section 301 of the Refugee Act of 1980 (8 U.S.C. 1525) is amended to read as follows:

    ‘SEC. 301. (a) The Secretary of State, together with the Secretary of Health and Human Services and the Attorney General, shall--

      ‘(1) develop overall United States refugee admission and resettlement policy;

      ‘(2) coordinate all United States domestic and international refugee admission and resettlement programs in a manner that assures that policy objectives are met in a timely fashion;

      ‘(3) develop an effective and responsive liaison between the Federal Government and voluntary organizations, Governors and mayors, and others involved in refugee relief and resettlement work to reflect overall United States Government policy; and

      ‘(4) make recommendations to the President and to the Congress with respect to policies for, objectives of, and establishment of priorities for, Federal functions relating to refugee admission and resettlement in the United States.

    ‘(b) In the conduct of the duties described in subsection (a), the Secretary of State, together with the Secretary of Health and Human Services and the Attorney General, shall consult regularly with States, localities, and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees.

    ‘(c) The Secretary of State, together with the Secretary of Health and Human Services and the Attorney General, shall design an overall budget strategy to provide individual agencies with policy guidance on refugee matters in the preparation of their budget requests, and to provide the Office of Management and Budget with an overview of all refugee-related budget requests.’.

    (b) AMENDMENTS TO THE REFUGEE ACT OF 1980- Title III of the Refugee Act of 1980 is amended--

      (1) in the title heading, by striking ‘UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS’ and inserting ‘UNITED STATES COORDINATION OF REFUGEE AFFAIRS’; and

      (2) in the heading of part A, by striking ‘UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS’ and inserting ‘UNITED STATES COORDINATION OF REFUGEE AFFAIRS’.

    (c) AMENDMENT TO THE MIGRATION AND REFUGEE ASSISTANCE ACT- Section 5 of the Migration and Refugee Assistance Act (22 U.S.C. 2605) is amended by adding at the end the following new subsection:

    ‘(c) Personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau charged with carrying out this Act.’.

    (d) CONFORMING AMENDMENTS- (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking ‘and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the ‘Coordinator’)’ and inserting ‘the Secretary of State’;

    (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended--

      (A) in subsection (a)(2)(A), by striking ‘, together with the Coordinator,’ and inserting ‘, together wiht the Secretary of State,’;

      (B) in subsections (b)(3) and (b)(4), by striking ‘in consultation with the Coordinator,’; and

      (C) in subsection (e)(7)(C), by striking ‘, in consultation with the United States Coordinator for Refugee Affairs,’.

    (3) Section 413(a) of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking ‘, in consultation with the Coordinator,’.

    (e) TRANSFER OF DUTIES- If there is an individual who has been confirmed by the Senate as Ambassador at Large for Population, Refugees and Migration on the date of enactment of this Act, that person shall assume on such date the duties of Assistant Secretary of State for Population, Refugees and Migration which were vested in the Assistant Secretary before such date. Such individual shall not be required to be reappointed by reason of the enactment of this section.

SEC. 137. WOMEN’S HUMAN RIGHTS PROTECTION.

    (a) FINDINGS- The Congress finds that--

      (1) issues of gender-based discrimination and violence against women have long been ignored or overlooked; and

      (2) abuses against women should have greater visibility in the policymaking formulation.

    (b) POLICY- It is the sense of Congress that the Department of State should designate within the appropriate bureau a special assistant to the Assistant Secretary to assure that women’s human rights issues are considered in the overall development of international human rights policy.

SEC. 138. REPEALS.

    ENVOY TO THE AFGHAN RESISTANCE- Section 306 of the Department of State Appropriations Act, 1989 (Public Law 100-459) is repealed.

PART D--PERSONNEL

SEC. 141. LABOR-MANAGEMENT RELATIONS.

    Section 1017(e) of the Foreign Service Act of 1980 (22 U.S.C. 4117) is amended to read as follows:

    ‘(e)(1) Notwithstanding any other provision of this chapter, participation in the management of a labor organization for purposes of collective bargaining or acting as a representative of a labor organization for such purpose is prohibited under this chapter--

      ‘(A) on the part of any management official or confidential employee;

      ‘(B) on the part of any individual who has served as a management official or confidential employee during the preceding two years; or

      ‘(C) on the part of any other employee if the participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such employee.

    ‘(2) For the purposes of paragraph (1)(B) the term ‘management official’ does not include any chief of mission, principal officer, or deputy thereof, or any administrative or personnel officer abroad.’.

SEC. 142. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS.

    (a) CLAIMS RESULTING FROM EMERGENCY EVACUATION IN A FOREIGN COUNTRY- Subsection 3721(b) of title 31 of the United States Code is amended--

      (1) by inserting ‘(1)’ after ‘(b)’; and

      (2) by adding after paragraph (1), as so designated, the following:

    ‘(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in section 5522(a) of title 5, if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.’.

    (b) RETROACTIVE APPLICATION- The amendments made by subsection (a) shall apply with respect to claims arising on or after October 31, 1988.

SEC. 143. SALARIES OF CHIEFS OF MISSION.

    Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C. 3961(a)) is amended by striking ‘, exclusive of danger pay,’.

SEC. 144. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

    (a) PROHIBITION ON AWARDS- Notwithstanding any other provision of law, the Secretary of State may not award or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), until the Director of the Office of Personnel Management issues regulations or otherwise authorizes or recommends the payment of rank awards or performance awards to other Federal employees for such fiscal years under section 4507 or 5384 of title 5, United States Code.

    (b) AWARDS IN SUBSEQUENT FISCAL YEARS- The Secretary may not make a performance award or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award or payment to which the individual would otherwise have been entitled in a fiscal year referred to such subsection but for the prohibition described in such subsection.

    (c) AMENDMENT TO FOREIGN SERVICE ACT OF 1980- Section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) is amended to read as follows:

      ‘(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code.’.

SEC. 145. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES.

    Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended to read as follows:

    ‘SEC. 813. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES- (a) If a participant completes an assignment under section 302(b) in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement, the participant shall be reassigned in the Service within 90 days after the completion of such assignment and any period of authorized leave.

    ‘(b) If a participant completes an assignment under section 302(b) in a position to which the participant was appointed by the President, and is eligible for retirement, and is not reassigned within 90 days after the completion of such assignment and any period of authorized leave, the participant shall be retired from the Service and receive retirement benefits in accordance with section 806 or section 855, as appropriate.’.

SEC. 146. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.

    (a) AUDIT AND REVIEW- Within 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a classification audit of all Senior Foreign Service positions in Washington, District of Columbia, assigned to the Department of State, the Agency for International Development, and the United States Information Agency and shall review the methods for classification of such positions.

    (b) REPORT- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report of such audit and review to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives.

SEC. 147. ALLOWANCES.

    (a) AWAY-FROM-POST EDUCATION ALLOWANCE- Section 5924(4)(A) of title 5, United States Code, is amended by inserting after the first sentence the following: ‘When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.’.

    (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS STUDYING ABROAD- Section 5924(4)(B) of title 5, United States Code, is amended in the first sentence after ‘in the United States’ by inserting ‘(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)’.

SEC. 148. INAPPLICABILITY OF ROLLOVER AUTHORITY FOR CERTAIN ALLOWANCES AND OTHER PAYMENTS.

    Section 5307(b) of title 5, United States Code (relating to rollover authority for the making of certain payments to Federal employees) shall not apply to employees of the Department of State.

SEC. 149. GRIEVANCES.

    (a) GRIEVANCE BOARD PROCEDURES- Section 1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in the first sentence of paragraph (8) by striking ‘until the Board has ruled upon the grievance.’ and inserting ‘until the date which is one year after such determination or until the Board has ruled upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the Board is responsible for the delay in the resolution of the grievance. The Board may also extend the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the grievant.’.

    (b) TIME LIMITATION ON REQUESTS FOR JUDICIAL REVIEW- Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140) is amended in the first sentence by inserting before the period ‘, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States)’.

SEC. 150. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.

    (a) PURPOSE- It is the purpose of this section to promote the acquisition and retention of highly qualified, trained and experienced women and minority personnel within the Foreign Service and to provide the maximum opportunity for the Foreign Service to meet staffing needs and to acquire the services of experienced and talented women and minority personnel and to help alleviate the impact of downsizing, reduction-in-force, and budget restrictions occurring in the defense and national security-related agencies of the United States.

    (b) ESTABLISHMENT- For each of the fiscal years 1994 and 1995, the Secretary of State shall to the maximum extent practicable appoint as Foreign Service officers qualified women and minority applicants who are participants in the priority placement program of the Department of Defense, the Department of Defense out-placement referral program, or the Automated Applicant Referral System. The Secretary shall make such appointments through the mid-level entry program of the Department of State under section 306 of the Foreign Service Act of 1980.

    (c) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the purpose of this section.

SEC. 151. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN DEPARTMENT OF STATE EMPLOYEES.

    (a) REFERRAL SYSTEM- (1) The Secretary of State, in consultation with the Director of the Office of Personnel Management, shall establish and operate a system that provides job placement assistance to eligible personnel of the Department of State.

    (2) The system established under this section shall--

      (A) permit eligible personnel to register for job placement assistance under the system;

      (B) contain information on vacancies in employment positions throughout the Department;

      (C) facilitate the provision of information on the positions referred to in subparagraph (B) to the personnel who register for assistance under subparagraph (A); and

      (D) assist, by referral or other means, the personnel referred to in subparagraph (C) in seeking employment in such position.

    (3) The Secretary of State shall, to the maximum extent practicable, ensure that the system operated under this section is automated.

    (4) The system shall operate from a single location within the continental United States.

    (b) ELIGIBLE PERSONNEL- Personnel eligible for participation in the job placement assistance system established under this section include the following:

      (1) Personnel of the Department of State who are involuntarily separated from employment in the Department by reason of a reduction in force of such personnel.

      (2) Personnel of the Department who decline to accept a transfer to another position in the Department under such a reduction in force or other program for the consolidation of employment positions within the Department.

      (3) Former personnel of the Department whose employment with the Department was terminated for a reason described in paragraph (1) or (2).

      (4) Such other personnel of the Department as the Secretary of State determines to be eligible for such participation.

    (c) IMPLEMENTATION- The Secretary of State shall commence operation of the system required under this section not later than 90 days after the date of the enactment of this Act.

    (d) REPORT- Not later than 120 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the job placement assistance system established under this section.

SEC. 152. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE.

    (a) MODEL FOREIGN LANGUAGE COMPETENCE POSTS PROGRAM- Section 161(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4171 note) is amended by adding at the end the following new sentence: ‘Implementation of this program shall not deny other posts, not so designated, of required language-qualified personnel.’.

    (b) ADDITIONS TO LANGUAGE PROFICIENCY IN THE EMPLOYEE EVALUATION REPORT- Section 164(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001(a) note) is amended--

      (1) by inserting ‘(1)’ immediately after ‘Competence- ’; and

      (2) by adding at the end the following:

    ‘(2)(A) In any assessment under paragraph (1), if a supervisor believes that an employee’s proficiency in a foreign language has declined below the minimum proficiency level required for the employee’s current assignment, the supervisor shall recommend that the employee seek remedial language refresher training and, within reasonable limitations, excuse the employee from a portion of his or her regular responsibilities to do so.

    ‘(B) In the event the employee identified under subparagraph (A) is assigned to a language-designated position and is receiving a language differential for having achieved a required level of foreign language proficiency, the supervisor may also require that the employee’s current proficiency in the foreign language be reevaluated at the earliest opportunity. In this case the employee’s proficiency shall be evaluated by reference to the standards and practices employed by the Foreign Service Institute. If the Foreign Service Institute determines that the employee has failed to maintain the required level of proficiency, the Department of State shall suspend the differential until the required proficiency level is regained.

    ‘(C) For purposes of this section, the earliest opportunity for reevaluation of an employee’s foreign language proficiency by the Foreign Service Institute shall be, for employees not already in the Washington, D.C. area, the next time the employee travels to the Washington, D.C. area on official travel orders, or the next time a Foreign Service Institute examiner visits the employee’s post of assignment on regularly scheduled travel. No additional travel funds may be expended for this purpose.’.

SEC. 153. DESIGNATION OF FOREIGN LANGUAGE RESOURCES COORDINATOR.

    (a) FINDINGS- The Congress finds that--

      (1) the post-Cold War era is placing increasing demands on limited Federal foreign language resources available to support diplomacy, intelligence, military preparedness, international security, and global economic competitiveness goals;

      (2) the absence of a single interagency mechanism to coordinate Federal foreign language resources represents a significant weakness in the United States Government’s ability to mobilize and direct existing foreign language assets in support of national foreign policy goals; and

      (3) there is a growing need for coordination of all Federal agencies maintaining and utilizing foreign language resources--

        (A) to increase cost-effectiveness through sharing of resources;

        (B) to identify foreign language needs and priorities required to support foreign policy objectives; and

        (C) to identify foreign language resources capable of supporting global economic competitiveness goals and to facilitate private sector access to those resources.

    (b) POLICY- It is the sense of the Congress that--

      (1) the Secretary of State, by virtue of his overall responsibility under section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 4011(a)) for training and instruction in the field of foreign relations to meet the needs of all Federal agencies, should take the lead in this effort; and

      (2) in order to avoid other Federal agencies duplicating the facilities and training provided by the Secretary of State, a goal set out in section 701(b) of the Foreign Service Act of 1980 (22 U.S.C. 4011(b)), the Secretary of State should call upon other Federal agencies to share in the joint management and coordination of Federal foreign language resources.

    (c) DESIGNATION OF POSITION AND DUTIES- (1) The Secretary of State shall appoint a Foreign Language Resources Coordinator (in this subsection referred to as the ‘Coordinator’) who shall be responsible--

      (A) for coordinating the efforts of the appropriate agencies of Government--

        (i) to strengthen mechanisms for sharing of foreign language resources; and

        (ii) to identify Federal foreign language resource requirements in the areas of diplomacy, intelligence, military preparedness, international security, and other foreign policy objectives; and

      (B) for making recommendations to the Secretary of State as to which Federal foreign language assets, if any, should be made available to the private sector in support of national global economic competitiveness goals.

    (2) All United States Government agencies maintaining and utilizing Federal foreign language training and related resources shall cooperate fully with the Coordinator.

SEC. 154. FOREIGN LANGUAGE TRANSLATOR AND INTERPRETER CAREER SERVICE PROGRAM.

    (a) PURPOSE- It is the purpose of this section--

      (1) to enhance the capability of the Department of State to provide cost-effective, timely, and reliable translation and interpretation services for Government use;

      (2) to obtain the services of professionally trained translators and interpreters of foreign languages for which the Secretary of State determines there is a shortage of qualified Government personnel which cannot otherwise be filled; and

      (3) to stimulate United States institutions of higher education to dedicate more resources to higher levels of proficiency in their foreign language translation and interpretation programs.

    (b) PROGRAM- (1)(A) The Secretary shall establish a program whereby the Department of State would obtain the services of additional translators and interpreters trained at institutions of higher education in the United States.

    (B) Such program shall be referred to as the ‘Foreign Language Translator and Interpreter Career Service Program’.

    (2)(A) Under such program, the Secretary shall pay the costs of tuition for eligible United States citizens who pursue professional training in translation or interpretation in foreign languages for which the Secretary determines there is a shortage of qualified Government personnel. In exchange, individuals who successfully complete training shall agree to perform such services at an entry-level rate of pay in the Department of State for a period of not less than one year for each year of academic tuition paid.

    (B) Such individuals may be detailed or referred for direct employment to other Government agencies in accordance with practices and procedures established by the Secretary.

    (c) ELIGIBILITY- A United States citizen shall be eligible for participation in the program under this section if--

      (1) the individual--

        (A) is enrolled as a full-time student at an institution of higher education in the United States; and

        (B) is pursuing a full-time program in a foreign language translation or interpretation;

      (2) the institution and the program meet the accreditation, curriculum, certification, and other standards prescribed by the Secretary; and

      (3) the individual submits a written application to the Secretary and meets the minimum criteria prescribed by the Secretary.

    (d) NONCOMPLIANCE- Any individual participating in the program who fails to complete a program meeting the standards prescribed in subsection (c)(2) shall reimburse the Department of State for the Federal funds expended for such individual’s tuition, together with interest on such funds (calculated at the prevailing rate).

    (e) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE SERVICES- Notwithstanding any other provision of law, the Secretary of State is authorized to levy a surcharge, or otherwise solicit funds, for providing other executive branch agencies with foreign language translation and interpretation services.

    (f) USE OF FUNDS- Funds collected under the authority of subsections (d) and (e) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing translation or interpretation services in any foreign language, including the cost of training translators or interpreters pursuant to subsection (b). Such funds may remain available until expended.

    (g) DEFINITIONS- For the purposes of this section--

      (1) the term ‘institution of higher education’ has the same meaning given to such term by section 1201(a) of the Higher Education Act of 1965;

      (2) the term ‘Secretary’ means the Secretary of State, acting through the Office of Language Services or any successor office; and

      (3) the term ‘shortage of qualified Government personnel’ means a shortage or absence of sufficiently trained and qualified personnel to meet minimum requirements for permanent Government employment as translators or interpreters by reference to the standards employed by the Office of Language Services (or successor office), which cannot otherwise be filled from contract rosters or other sources.

SEC. 155. ASSIGNMENT OF FOREIGN SERVICE OFFICERS WITH ADVANCED PROFICIENCY IN FOREIGN LANGUAGES.

    (a) PURPOSE- It is the purpose of this section to encourage the assignment of Foreign Service personnel with language proficiency at the S4/R4 level (full professional proficiency, as tested by the Foreign Service Institute) to posts or positions in which their language capabilities are effectively utilized.

    (b) FINDINGS- The Congress finds that--

      (1) the Department of State’s Office of the Inspector General noted, in its July 1993 report, that existing foreign language proficiency among members of the Foreign Service is not adequately weighed in the assignments process, and that existing skills are not adequately utilized, and

      (2) the Department of State’s Office of the Inspector General urged that the Department has legitimate requirements at overseas posts that can only be satisfied through S4/R4 level skills, and recommended that certain overseas positions be designated at the S4/R4 competence level.

    (c) PROGRAM- (1) Pursuant to section 702 of the Foreign Service Act of 1980 (22 U.S.C. 4022), the Secretary of State shall direct the establishment and apportionment of a certain number of overseas positions, at the S4/R4 level, in each of a majority of overseas missions, as follows:

      (A) For missions using world languages with more than nine Foreign Service Officer positions assigned by the Department of State, 8 percent of positions and not less than one position will be established at the S4/R4 level.

      (B) For posts using hard or incentive languages, with more than nine Foreign Service Officer positions assigned by the Department of State, the number of S4/R4-designated positions shall be at least four percent of positions, and not less than one position.

    (2) Overseas posts and the Department of State shall retain flexibility to apportion S4/R4 language-designated positions within respective overseas posts.

    (3) Assignment of personnel with full professional proficiency shall be completed not later than September 30, 1995.

    (d) REPORT TO THE CONGRESS- The Secretary of State shall report to the Congress not later than September 30, 1994, describing the progress made toward implementation of this section.

PART E--INTERNATIONAL ORGANIZATIONS

Subpart A--United Nations and Related Agencies

SEC. 161. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS AND AFFILIATED ORGANIZATIONS.

    The United States shall not make any voluntary or assessed contribution--

      (1) to any affiliated organization of the United Nations which grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood, or

      (2) to the United Nations, if the United Nations grants full membership as a state in the United Nations to any organization or group that does not have the internationally recognized attributes of statehood, during any period in which such membership is effective.

SEC. 162. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.

    (a) FINDINGS- The Congress makes the following findings:

      (1) The effectiveness of the United Nations Security Council in maintaining international peace and security depends on its being representative of the membership of the United Nations.

      (2) The requirement of equitable geographic distribution in Article 23 of the United Nations Charter requires that the members of the Security Council of the United Nations be chosen by nondiscriminatory means.

      (3) The use of informal regional groups of the General Assembly as the sole means for election of the nonpermanent members of the Security Council is inherently discriminatory in the absence of guarantees that all member states will have the opportunity to join a regional group, and has resulted in discrimination against Israel.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the President should direct the Secretary of State to request the Secretary-General of the United Nations to seek immediate resolution of the problem described in this section. The President shall inform the Congress of any progress in resolving this situation, together with the submission to Congress of the request for funding for the ‘Contributions to International Organizations’ account of the Department of State for the fiscal year 1995.

SEC. 163. REFORMS IN THE WORLD HEALTH ORGANIZATION.

    (a) SENSE OF THE CONGRESS- It is the sense of the Congress that United States contributions to the World Health Organization (WHO) should be utilized in the most effective and efficient manner possible, particularly for the reduction of diseases and disabilities in developing countries. The President shall direct the United States representatives to the World Health Assembly, the Executive Board, and the World Health Organization to monitor the activities of the World Health Organization to ensure that such organizations achieve--

      (1) the timely implementation of reforms and management improvements, including those outlined in the resolutions of the 46th World Health Assembly related to the external Auditor (WHA 46.21), the Report of the Executive Board on the WHO Response to Global Change (WHA 46.16) and actions for Budgetary Reform (WHA 46.35); and

      (2) the effective and efficient utilization and monitoring of resources, including--

        (A) the determination of strategic and financial priorities; and

        (B) the establishment of realistic and measurable targets in accordance with the established health priorities.

    (b) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to the Chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives a report assessing the World Health Organization’s progress in implementing the reforms identified in subsection (a)(1) and (2).

SEC. 164. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.

    In view of the longstanding efforts of the United States and the other major donor nations to reform the Food and Agriculture Organization and in view of the findings of the ongoing investigation of the General Accounting Office, it is the sense of the Congress that--

      (1) the United States should use the opportunity of the 1993 election of a new Director General of the Food and Agriculture Organization (FAO) to press for long-needed organizational and management reforms; and

      (2) it should be the policy of the United States to promote the following reforms in the Food and Agriculture Organization:

        (A) Decentralization of the administrative structure of FAO, including eliminating redundant or unnecessary headquarters staff, increased responsibilities of regional offices, increased time for consideration of budget issues by member states, and a more meaningful and direct role for member states in the decision-making process.

        (B) Reform of the FAO Council, including formation of an executive management committee to provide oversight of management.

        (C) Limitation of the term of the Director General and the number of terms which an individual may serve.

        (D) Restructuring of the Technical Cooperation Program (TCP), including reducing the number of nonemergency projects funds through the TCP and establishing procedures to deploy TCP consultants, supplies, and equipment in a timely manner.

SEC. 165. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

    (a) ASSESSED CONTRIBUTIONS- For assessed contributions authorized to be appropriated by section 102(a) of this Act, the President may withhold 20 percent of the funds appropriated for the United States assessed contribution to the United Nations or to any of its specialized agencies for any calendar year if the United Nations or any such agency has failed to implement or to continue to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states that are the major financial contributors to such assessed budgets.

    (b) NOTICE TO CONGRESS- The President shall notify the Congress when a decision is made to withhold any share of the United States assessed contribution to the United Nations or its specialized agencies pursuant to subsection (a) and shall notify the Congress when the decision is made to pay any previously withheld assessed contribution. A notification under this subsection shall include appropriate consultation between the President (or his representative) and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

    (c) CONTRIBUTIONS FOR PRIOR YEARS- Subject to the availability of appropriations, payment of assessed contributions for prior years may be made to the United Nations or any of its specialized agencies notwithstanding subsection (a) of this section, section 162(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138), section 405 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) and section 143 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93) if such payment would further United States interests in that organization.

    (d) REPORT TO CONGRESS- Not later than February 1 of each year, the President shall submit a report to the Congress concerning the payment of assessed contributions to the United Nations and any of its specialized agencies during the preceding calendar year.

    (e) REPEAL OF EXISTING LAW- Subsections (a) through (d) of section 162 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, are repealed.

SEC. 166. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.

    (a) WITHHOLDING OF ASSESSED NONPEACEKEEPING CONTRIBUTIONS TO THE UNITED NATIONS- (1) In fiscal year 1994, 10 percent of the amount of funds authorized to be appropriated for that fiscal year for United States assessed contributions to the United Nations and its specialized agencies shall be withheld from obligation and expenditure until a certification is made under subsection (b).

    (2) Beginning with fiscal year 1995 and at the beginning of each fiscal year thereafter, 20 percent of the amount of funds authorized to be appropriated for each fiscal year for United States assessed contributions (other than for peacekeeping activities) to the United Nations and its specialized agencies shall be withheld from obligation and expenditure until a certification is made under subsection (b).

    (b) CERTIFICATION- The certification referred to in subsection (a) is a certification by the President to the Congress that--

      (1) the United Nations has established an independent and objective Office of Inspector General to conduct and supervise audits, inspections, and investigations relating to the programs and operations of the United Nations and each of the specialized agencies of the United Nations;

      (2) the Secretary General of the United Nations has appointed an Inspector General, with the consent of the General Assembly, solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations;

      (3) the United Nations Office of Inspector General is authorized to--

        (A) make investigations and reports relating to the administration of the programs and operations of the United Nations and its specialized agencies;

        (B) have access to all records and documents or other material available which relate to those programs and operations; and

        (C) have direct and prompt access to any official of the United Nations or of any of its specialized agencies, including any head of a specialized agency or official of the United Nations Secretariat;

      (4) the United Nations Office of Inspector General is keeping the head of each specialized agency, the Secretary General, the members of the Security Council, and the members of the General Assembly fully informed about problems, deficiencies, and the necessity for, and progress of, corrective action;

      (5) the United Nations has established measures 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 Office of the Inspector General; and

      (6) the United Nations has enacted procedures to ensure compliance with the recommendations of the Inspector General.

    (c) DEFINITION- For purposes of this section, the term ‘United Nations operations’ includes any program, project or activity conducted or supported, in whole or in part, by the United Nations or any of its specialized agencies.

SEC. 167. AMERICAN PARTICIPATION IN MANAGEMENT OF UNITED NATIONS.

    (a) Funds authorized in section 102(a) of this Act for fiscal year 1995 for the assessed contribution of the United States to the United Nations are authorized to be appropriated only upon a certification by the Secretary of State to the appropriate committees of the Congress that the position of Under Secretary-General of the United Nations for Administration and Management is being held by a citizen of the United States as of October 1, 1994.

    (b) Subsection (a) may be waived by the Secretary of State only upon a certification to the appropriate committees of the Congress that--

      (1) such waiver is in the national interest of the United States, including the reason or reasons it is in our interest; and

      (2) the Secretary of State has confidence the individual holding the position of Under Secretary-General of the United Nations for Administration and Management is committed to efficient management practices and restrained budgets for the United Nations.

    (c) If a waiver and certification is made pursuant to subsection (b), such certification shall include a justification why a citizen of the United States does not hold said position, since the United States is the largest single contributor to the United Nations.

    (d) It is the sense of the Congress that the position of Under Secretary-General of the United Nations for Administration and Management should be held by a citizen of the United States.

SEC. 168. POLICY WITH RESPECT TO THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT.

    (a) CONGRESSIONAL FINDINGS- Congress finds that--

      (1) the freedom and security of the international community rests on the sanctity of the rule of law;

      (2) the international community is increasingly threatened by unlawful acts such as war crimes, genocide, aggression, crimes against humanity, terrorism, drug trafficking, money laundering, and other crimes of an international character;

      (3) the prosecution of individuals suspected of carrying out such acts is often impeded by political and legal obstacles such as amnesties, disputes over extradition, differences in the structure and capabilities of national courts, and the lack of uniform guidelines under which to try such individuals;

      (4) the war crimes trials held in the aftermath of World War II at Nuremberg, Germany, and Tokyo, Japan, demonstrated that fair and effective prosecution of war criminals could be carried out in an international forum;

      (5) since its inception in 1945 the United Nations has sought to build on the precedent established at the Nuremberg and Tokyo trials by establishing a permanent international criminal court with jurisdiction over crimes of an international character;

      (6) United Nations General Assembly Resolution 44/39, adopted on December 4, 1989, called on the International Law Commission to study the feasibility of an international criminal court;

      (7) in the years after passage of that resolution the International Law Commission has taken a number of steps to advance the debate over such a court, including--

        (A) the provisional adoption of a draft Code of Crimes Against the Peace and Security of Mankind;

        (B) the creation of a Working Group on an International Criminal Jurisdiction and the formulation by that Working Group of several concrete proposals for the establishment and operation of an international criminal court; and

        (C) the determination that an international criminal court along the lines of that suggested by the Working Group is feasible and that the logical next step would be to proceed with the formal drafting of a statute for such a court;

      (8) United Nations General Assembly Resolution 47/33, adopted on November 25, 1992, called on the International Law Commission to begin the process of drafting a statute for an international criminal court at its next session; and

      (9) given the developments of recent years, the time is propitious for the United States to lend its support to this effort.

    (b) SENSE OF THE CONGRESS- It is the sense of the Congress that--

      (1) the establishment of an international criminal court with jurisdiction over crimes of an international character would greatly strengthen the international rule of law;

      (2) such a court would thereby serve the interests of the United States and the world community; and

      (3) the United States delegation should make every effort to advance this proposal at the United Nations.

    (c) REQUIRED REPORT- Not later than February 1, 1994, the President shall submit to Congress a detailed report on developments relating to, and United States efforts in support of, the establishment of an international criminal court with jurisdiction over crimes of an international character.

SEC. 169. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

    The United States Senate will not consent to the ratification of a treaty providing for United States participation in an international criminal court with jurisdiction over crimes of an international nature which permits representatives of any terrorist organization, including but not limited to the Palestine Liberation Organization, or citizens, nationals or residents of any country listed by the Secretary of State under section 6(j) of the Export Administration Act of 1979 as having repeatedly provided support for acts of international terrorism, to sit in judgement on American citizens.

SEC. 170. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS.

    The United States Senate will not consent to the ratification of any Treaty providing for United States participation in an international criminal court with jurisdiction over crimes of an international character unless American citizens are guaranteed, in the terms establishing such a court, and in the court’s operation, that the court will take no action infringing upon or diminishing their rights under the First and Fourth Amendments of the Constitution of the United States, as interpreted by the United States.

SEC. 170A. JAPAN AND GERMANY BECOMING PERMANENT MEMBERS OF THE UNITED NATIONS SECURITY COUNCIL.

    (a) The Senate finds that--

      (1) in the post-Cold War period, the international community expects the United Nations to play a larger role, particularly in peacekeeping operations that may, on occasion, require the use of force against determined aggressors;

      (2) in the past five years the United Nations has engaged in more peacekeeping operations than in the preceding forty;

      (3) the Security Council is the United Nations body chiefly responsible for matters of peace and security;

      (4) the United Nations structure and the Security Council’s roster of permanent members have remained largely unchanged since the United Nations was founded almost half a century ago;

      (5) Japan and Germany, as the world’s second and third largest economies, respectively, have attained levels of global reach and influence equal to or surpassing current permanent members of the Security Council;

      (6) both Japan and Germany have announced their desire to gain permanent membership in the Security Council;

      (7) any country accorded permanent membership must be capable of fulfilling the responsibilities of such status, including participation in any United Nations military operations;

      (8) according permanent membership to nations not capable of carrying out these responsibilities will allow those countries to play a central role in shaping United Nations peacekeeping operations which could endanger the lives of American and other troops, but in which their own forces could play no part;

      (9) currently, in both Japan and Germany the prevailing view is that each country is prohibited from carrying out all the responsibilities that permanent membership entails and appears reluctant to make the changes necessary to gain those capabilities;

      (10) in Japan’s case, further reconciliation with its Asian neighbors who suffered during the World War II period is recommended, therefore

    (b) It is the sense of the Senate that--

      (1) in principle, the United States should support both Japan and Germany in their wish to gain permanent membership in the United Nations Security Council; but

      (2) neither Japan nor Germany should be admitted as permanent members until they are capable of discharging the full range of responsibilities accepted by all current permanent members of the Security Council.

SEC. 170B. TRANSMITTALS OF UNITED NATIONS DOCUMENTS.

    (a) TRANSMITTAL TO CONGRESS OF UNITED NATIONS RESOLUTIONS AND REPORTS- Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by subsection (a), is further amended by adding at the end the following:

    ‘(c)(1) Not later than 72 hours after adoption by the Security Council of a resolution authorizing United Nations peacekeeping activities or any other action under the Charter of the United Nations (including any extension, modification, suspension, or termination of any previously authorized United Nations peacekeeping activity or other action) which would involve the use of United States Armed Forces or the expenditure of United States funds, the Permanent Representative shall transmit the text of such resolution and any supporting documentation to the appropriate congressional committees.

    ‘(2) The Permanent Representative shall promptly transmit to the appropriate congressional committees any report prepared by the United Nations distributed to the members of Security Council assessments of any proposed, ongoing, or concluded United Nations peacekeeping activity.’.

    (b) DEFINITIONS- 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. For purposes of this Act--

      ‘(1) the term ‘appropriate congressional committees’ means the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives;

      ‘(2) the term ‘Permanent Representative’ means the Permanent Representative of the United States to the United Nations appointed by the President pursuant to section 2 of this Act; and

      ‘(3) the term ‘United Nations peacekeeping activities’ means any international peacekeeping, peacemaking, peace-enforcing, or similar activity involving the use of nationals of member countries of the United Nations that is authorized by the Security Council under chapter VI or VII of the United Nations Charter.’.

SEC. 170C. LIMITATIONS ON UNITED STATES FUNDING OF UNITED NATIONS PEACEKEEPING ACTIVITIES.

    (a) It is the sense of the Senate that beginning October 1, 1995, funds made available to the Department of Defense (including funds for ‘Operation and Maintenance’) shall be available for--

      (1) United States assessed or voluntary contributions for United Nations peacekeeping activities, or

      (2) the unreimbursable incremental costs associated with the participation of United States Armed Forces in United Nations peacekeeping activities unless such activities are necessary to protect American lives or United States national interests,

    only to the extent that the Congress has authorized, appropriated or otherwise approved funds for such purposes.

    (b) ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING ACTIVITIES-

      (1) REASSESSMENT OF CONTRIBUTION PERCENTAGES- The Permanent Representative should make every effort to ensure that the United Nations completes an overall review and reassessment of each nation’s assessed contributions for United Nations peacekeeping activities. As part of the overall review and assessment, the Permanent Representative should make every effort to advance the concept that host governments and other governments in the region where a United Nations peacekeeping activity is carried out should bear a greater burden of its financial cost.

      (2) UNITED STATES CONTRIBUTIONS- (A) The Permanent Representative should make every effort to obtain agreement by the United Nations to a United States assessed contribution for United Nations peacekeeping activities that is no greater a percentage of such contributions by all countries than the United States percentage share of assessed contributions for other United Nations activities.

      (B) The Congress declares that, effective for fiscal year 1996, it does not intend to make available funds for payment of United States assessed or voluntary contributions for United Nations peacekeeping activities that exceed 25 percent of the total amount of the assessed and voluntary contributions of all countries for such activities unless, after the date of enactment of this Act, the Congress enacts a statute specifically authorizing a greater percentage contribution.

      (C) The Permanent Representative shall inform the Secretary General of the congressional intent expressed in paragraph (2).

    (c) UNITED STATES CONTRIBUTIONS TO UNITED NATIONS PEACEKEEPING ACTIVITIES- Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended--

      (1) by inserting ‘(a)’ before ‘The President’; and

      (2) by adding at the end the following:

    ‘(b)(1) The President shall, at the time of submission of his annual budget request to the Congress, submit a report to the Congress on the anticipated budget for the fiscal year for United States participation in United Nations peacekeeping activities.

    ‘(2) The report required by paragraph (1) shall state--

      ‘(A) the aggregate amount of funds available to the United Nations for that fiscal year, including assessed and voluntary contributions, which may be made available for United Nations peacekeeping activities; and

      ‘(B) the aggregate amount of funds (from all accounts) and the aggregate costs of in-kind contributions that the United States proposes to make available to the United Nations for that fiscal year for United Nations peacekeeping activities.

    ‘(3) The President shall include in his budget submission for fiscal year 1996 a projection of all United States costs for United Nations peacekeeping activities during each of fiscal years 1996, 1997, and 1998, including costs of in-kind contributions and assessed and voluntary contributions.’.

    (d) DEFINITIONS-

      (1) AMENDMENT- 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. For purposes of this Act--

      ‘(1) the term ‘appropriate congressional committees’ means the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and

      ‘(2) the term ‘Permanent Representative’ means the Permanent Representative of the United States to the United Nations appointed by the President pursuant to section 2 of this Act.

SEC. 170D. UNITED NATIONS PEACEKEEPING BUDGETARY AND MANAGEMENT REFORM.

    (a) WITHHOLDING OF CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING- (1) At the beginning of each fiscal year (beginning with fiscal year 1995), 20 percent of the amounts of funds made available for United States assessed contributions for United Nations peacekeeping activities shall be withheld from obligation and expenditure unless a certification has been made under subsection (b).

    (2) For each fiscal year (beginning with fiscal year 1995), the United States may not pay any voluntary contribution for international peacekeeping activities unless a certification has been made under subsection (b).

    (b) CERTIFICATION- The certification referred to in subsection (a) is a certification by the President to the Congress that--

      (1) the United Nations has established an independent and objective Office of Inspector General to conduct and supervise audits, inspections, and investigations relating to the United Nations peacekeeping activities carried out by the United Nations;

      (2) the Secretary General of the United Nations has appointed an Inspector General, with the consent of the General Assembly, solely the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations;

      (3) the United Nations Office of Inspector General is authorized to--

        (A) make investigations and reports relating to the administration of the United Nations peacekeeping activities carried out by the United Nations;

        (B) have access to all records and documents or other material available which relate to those activities; and

        (C) have direct and prompt access to relevant officials of the United Nations, including any official of the United Nations Secretariat;

      (4) the United Nations Office of Inspector General is keeping the Secretary General and the members of the Security Council fully informed about problems, deficiencies, and the necessity for, and progress of, corrective action;

      (5) the United Nations has established measures 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 Office of the Inspector General; and

      (6) the United Nations has enacted procedures to ensure compliance with Inspector General recommendations.

    (c) DEFINITIONS- For purposes of this section--

      (1) the term ‘appropriate congressional committees’ means the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and

      (2) the term ‘Permanent Representative’ means the Permanent Representative of the United States to the United Nations appointed by the President pursuant to section 2 of this Act.

SEC. 170E. REPORTING REQUIREMENTS INVOLVING MULTILATERAL PEACEKEEPING ACTIVITIES.

    (a) UNITED STATES PERSONNEL TAKEN PRISONER WHILE SERVING IN MULTILATERAL PEACEKEEPING FORCES-

      (1) FINDINGS- The Congress finds that--

        (A) until recent years United States military personnel rarely served as part of multilateral forces under the United Nations or regional international organizations;

        (B) despite infrequent service as part of multilateral forces, United States personnel, such as Colonel William Higgins in Lebanon, have been captured, tortured, and murdered;

        (C) in recent years, United States military personnel have served much more frequently as part of multilateral forces;

        (D) the capture and torture of Chief Warrant Officer Michael Durant in Somalia in October 1993 was a horrendous and recent example of the risk to United States personnel in multilateral forces;

        (E) continued multilateral service increases the probability that United States military personnel will be captured, and subject to mistreatment;

        (F) United States military personnel captured while serving as part of multilateral forces have not been treated as prisoners of war under the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war; and

        (G) failure of United States military personnel serving as part of a multilateral force to receive protection under international law increases the risk to personnel while serving in multinational forces.

      (2) POLICY- It is the sense of the Congress that--

        (A) the President should take immediate steps, unilaterally and in appropriate international bodies, to assure that any United States military personnel serving as part of a multilateral force who are captured are accorded the protection accorded to prisoners of war; and

        (B) the President should also take all necessary steps to bring to justice all individuals responsible for any mistreatment, torture, or death of United States military personnel who are captured while serving in a multilateral force.

      (3) REPORT- Each report submitted pursuant to section 169 of this Act shall include a separate section setting forth--

        (A) the status under international law of members of multilateral peacekeeping forces, including the legal status of such personnel if captured, missing, or detained,

        (B) the extent of the risk for United States military personnel who are captured while participating in multinational peacekeeping forces in cases where their captors fail to respect the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war, and

        (C) the specific steps that have been taken to protect United States military personnel participating in multinational peacekeeping forces, together (if necessary) with any recommendations for the enactment of legislation to achieve that objective.

    (b) HUMAN RIGHTS OBSERVANCE IN UNITED NATIONS PEACEKEEPING ACTIVITIES- Section 169 of this Act is amended to include the following at the end:

      ‘(5) a description of respect for internationally recognized human rights in countries or territories where a United Nations peacekeeping activity has taken place during the preceding year by United Nations forces including a description of United Nations’ efforts to investigate and take appropriate action in cases of alleged human rights violations.’.

Subpart B--Other International Organizations

SEC. 171. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    (a) AUTHORIZATION TO RECEIVE PAYMENTS- Section 2 of the American-Mexican Chamizal Convention Act of 1964 (22 U.S.C. 277d-18) is amended--

      (1) by inserting ‘(a)’ before ‘The’; and

      (2) by adding at the end the following new subsections:

    ‘(b) The United States Commissioner is authorized to receive funds from public or private sources in the United States or Mexico for the purpose of sharing in the cost of replacement of the Bridge of the Americas, which crosses the Rio Grande between El Paso, Texas, and Ciudad Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the Commission which is currently available. Funds received under this subsection shall be available only for the replacement of such bridge.

    ‘(c) The authority of subsection (b) may be exercised only to the extent or in such amounts as are provided in advance in appropriation Acts.’.

    (b) EXPENDITURES FOR WATER POLLUTION PROBLEMS- Title I of the Act of June 20, 1956 (70 Stat. 302; 22 U.S.C. 277d-12), is amended in the fourth undesignated paragraph under the heading ‘INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO’ by striking ‘Tijuana Rivers,’ and all that follows before the period and inserting ‘Tijuana Rivers, or other streams running across or near the boundary, and for taking emergency actions to protect against health-threatening surface and ground water pollution problems along the United States-Mexico boundary’.

    (c) FALCON AND AMISTAD DAMS MAINTENANCE FUND- Section 2 of the Act of June 18, 1954 (68 Stat. 255), as amended by the Act of December 23, 1963 (77 Stat. 475), is further amended to read as follows:

    ‘SEC. 2. (a) There is created within the Treasury of the United States a separate fund, which shall be known as the ‘Falcon and Amistad Operating and Maintenance Fund’ (in this section referred to as the ‘Maintenance Fund’). The Maintenance Fund shall be administered by the Administrator of the Western Area Power Administration for use by the Commissioner of the United States Section of the International Boundary and Water Commission to defray the operation, maintenance, and emergency costs of the hydroelectric facilities at the Falcon and Amistad dams.

    ‘(b) All revenues collected in connection with the disposition of electric power generated at the Falcon and Amistad dams, except those revenues paid pursuant to subsection (d) to the general fund of the Treasury of the United States, shall be credited to the Maintenance Fund and shall remain available until expended for defraying the operation, maintenance, and emergency costs of the hydroelectric facilities at the dams.

    ‘(c) The authority of subsection (b) may be exercised only to the extent or in such amounts as are provided in advance in appropriation Acts.

    ‘(d) Revenues in the Maintenance Fund in excess of the operation, maintenance, and emergency needs shall be paid annually to the general fund of the Treasury of the United States to return the costs of replacements and the original investments, with interest.

    ‘(e) All funds received from the Government of Mexico for any energy which might be delivered to that Government by the United States Section of the International Boundary and Water Commission pursuant to any special agreement concluded in accordance with Article 19 of the treaty of February 3, 1944, between the United States and Mexico (Treaty Series 994) shall be credited to the General Fund of the Treasury of the United States.’.

SEC. 172. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC ECONOMIC COOPERATION ORGANIZATION.

    (a) UNITED STATES MEMBERSHIP- The President is authorized to maintain membership of the United States in the Asian-Pacific Economic Cooperation (APEC).

    (b) PAYMENT OF ASSESSED CONTRIBUTIONS- For fiscal year 1994 and for each fiscal year thereafter, the United States assessed contributions to APEC may be paid from funds appropriated for ‘Contributions to International Organizations’.

SEC. 173. EXTENSION OF THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT TO THE INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES.

    The International Organizations Immunities Act (22 U.S.C. 288 et seq.) is amended by adding at the end the following new section:

    ‘SEC. 14. The International Union for Conservation of Nature and Natural Resources shall be considered to be an international organization for the purposes of this title and may be extended the provisions of this title in the same manner, to the same extent, and subject to the same conditions, as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.’.

SEC. 174. INTER-AMERICAN ORGANIZATIONS.

    (a) FINDING- The Congress finds that the work done by the Inter-American organizations has been of great benefit to the Hemisphere, and the United States itself has experienced a positive return from their efforts.

    (b) POLICY- Taking into consideration the long-term commitment by the United States to the affairs of this Hemisphere and the need to build further upon the linkages between the United States and its neighbors, it is the sense of the Congress that the Secretary of State, in allocating the level of resources for international organizations, should pay particular attention to funding levels of the Inter-American organizations.

SEC. 175. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL COFFEE ORGANIZATION.

    None of the funds authorized to be appropriated by this Act or any other Act may be used to fund any United States contribution to the International Coffee Organization.

SEC. 176. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL JUTE ORGANIZATION.

    None of the funds authorized to be appropriated by this Act or any other Act may be used to fund any United States contribution to the International Jute Organization.

PART F--OTHER STATE DEPARTMENT-RELATED PROVISIONS

SEC. 181. MIGRATION AND REFUGEE AMENDMENTS.

    (a) MIGRATION AND REFUGEE ASSISTANCE ACT AMENDMENTS- Section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amended--

      (1) by striking ‘the Intergovernmental Committee for European Migration’ each place it appears and inserting ‘the International Organization for Migration’;

      (2) in subsection (a)--

        (A) by striking ‘the Committee’ and inserting ‘the Organization’ each place it appears; and

        (B) in the first sentence, by inserting before the period ‘, as amended in Geneva, Switzerland, on May 20, 1987’; and

      (3) in subsection (c)(2), by striking ‘$50,000,000’ and inserting ‘$100,000,000’.

    (b) REPEAL- Section 745 of Public Law 100-204 (22 U.S.C. 2601 note) is repealed.

SEC. 182. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES AND DISPLACED PERSONS.

    (a) STANDARDS FOR REFUGEE WOMEN AND CHILDREN- The United States Government, in providing for overseas assistance and protection of refugees and displaced persons, should seek to address the protection and provision of basic needs of refugee women and children who represent 80 percent of the world’s refugee population. As called for in the 1991 United Nations High Commissioner for Refugees (UNHCR) ‘Guidelines on the Protection of Refugee Women,’ whether directly, or through international organizations, the Secretary of State should seek to ensure--

      (1) specific attention on the part of the United Nations and relief organizations to recruit and employ female protection officers;

      (2) implementation of gender awareness training and field staffing including, but not limited to, security personnel;

      (3) the protection of refugee women and children from violence and other abuses on the part of governments or insurgent groups;

      (4) full involvement of women refugees in the planning and implementation of--

        (A) the delivery of services and assistance; and

        (B) the repatriation process;

      (5) incorporation of maternal and child health needs into refugee health services and education, specifically to include education on and access to services in reproductive health and birth spacing;

      (6) the availability of counseling and other services, grievance processes, and protective services to victims of violence and abuse, including but not limited to rape and domestic violence;

      (7) the provision of educational programs, particularly literacy and numeracy, vocational and income generation skills training, and other training efforts promoting self sufficiency for refugee women, with special emphasis on women heads of household;

      (8) education for all refugee children, ensuring equal access for girls, and special services and family tracing for unaccompanied refugee minors;

      (9) the collection of data that clearly enumerate age and gender so that appropriate health, education, and assistance programs can be planned;

      (10) the recruitment, hiring, and training of more women program professionals in the international humanitarian field; and

      (11) gender awareness training for program staff of the United Nations High Commissioner for Refugees (UNHCR) and nongovernmental voluntary organizations on implementation of the 1991 UNHCR ‘Guidelines on the Protection of Refugee Women’.

    (b) PROCEDURES- The Secretary of State should adopt specific procedures to ensure that all recipients of United States Government refugee and migration assistance funds implement the standards outlined in subsection (a).

    (c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE- The Secretary of State, in providing migration and refugee assistance, should support the protection efforts set forth under this section by raising at the highest levels of Government the issue of abuses against refugee women and children by governments and insurgent groups that engage in, permit, or condone--

      (1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of persons;

      (2) the blockage of humanitarian relief assistance;

      (3) gender-specific persecution such as systematic individual or mass rape, forced pregnancy, forced abortion, enforced prostitution, any form of indecent assault or act of violence against refugee women, girls, and children; or

      (4) continuing violations of the integrity of the person against refugee women and children on the part of armed insurgents, local security forces, or camp guards.

    (d) INVESTIGATION OF REPORTS- Upon receipt of credible reports of abuses under subsection (c), the Secretary of State should immediately investigate such reports through emergency factfinding missions or other means of investigating such reports and help identify appropriate remedial measures.

    (e) MULTILATERAL IMPLEMENTATION OF THE 1991 UNHCR ‘GUIDELINES ON THE PROTECTION OF REFUGEE WOMEN’- The Secretary of State should work to ensure that multilateral organizations fully incorporate the needs of refugee women and children into all elements of refugee assistance programs and work to encourage other governments that provide refugee assistance to adopt refugee assistance policies designed to encourage full implementation of the UNHCR’s ‘Guidelines on the Protection of Refugee Women’.

SEC. 183. INTERPARLIAMENTARY EXCHANGES.

    (a) MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP- Section 2 of the Act of April 9, 1960 (22 U.S.C. 276i) is amended--

      (1) by striking ‘$100,000’ and inserting ‘$80,000’; and

      (2) by striking ‘$50,000’ both places it appears and inserting ‘$40,000’.

    (b) CANADA-UNITED STATES INTERPARLIAMENTARY GROUP- Section 2 of the Act of June 11, 1959 (22 U.S.C. 276e) is amended--

      (1) by striking ‘$50,000’ and inserting ‘$70,000’; and

      (2) by striking ‘$25,000’ both places it appears and inserting ‘$35,000’.

    (c) DEPOSIT OF FUNDS IN INTEREST-BEARING ACCOUNTS- Funds appropriated and disbursed pursuant to section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988 (as added by section 101(a) of Public Law 100-202) (101 Stat. 1329-23; 22 U.S.C. 276 note) are authorized to be deposited in interest-bearing accounts and any interest which accrues shall be deposited, periodically, in the miscellaneous receipts account of the Treasury.

SEC. 184. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

    (a) IN GENERAL- Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) is amended--

      (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

      (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

      (3) by inserting ‘(1)’ immediately after ‘TERRORISM- ’;

      (4) by striking ‘and’ at the end of subparagraph (A);

      (5) by striking the period at the end of subparagraph (B) and inserting ‘; and’; and

      (6) by adding at the end the following:

        ‘(C) the nature and extent of assets held in the United States on behalf of foreign countries and groups responsible for the acts described in subparagraphs (A) and (B).

      ‘(2) In reporting on the information required by paragraph (1)(C), the Secretary of State shall consult with the Secretary of the Treasury, the Attorney General, and such other heads of relevant departments and agencies of the United States as may be necessary.’.

    (b) CONFORMING AMENDMENTS- Section 140(b) of such Act is amended--

      (1) in paragraph (1), by striking ‘subsection (a)(1)’ and inserting ‘subsection (a)(1)(A)’; and

      (2) in paragraph (2), by striking ‘subsection (a)(1)’ and inserting ‘subsection (a)(1)(B)’.

SEC. 185. COORDINATION OF COUNTERTERRORISM ACTIVITIES.

    (a) FINDINGS- It is the sense of the Congress that--

      (1) international terrorism continues to be a serious threat to the peace and security of democratic nations, the United States included;

      (2) international terrorist acts against the United States or its people can only be combatted through a vigorous coordination of efforts on the part of responsible United States Federal agencies; and

      (3) United States citizens have continued to be targets of terrorism both at home and abroad.

    (b) COORDINATION- The Congress strongly urges the Secretary of State to take steps to ensure that coordination of counterterrorism activities occupies a high priority within the Department of State by a demonstrated dedication to the assignment of both personnel and resources to the issue of counterterrorism.

SEC. 186. FACILITATING ACCESS TO THE DEPARTMENT OF STATE BUILDING.

    (a) PROCEDURES TO FACILITATE ACCESS- The Office of Diplomatic Security shall establish procedures to ensure that the members and staff of the congressional committees of jurisdiction are granted easy access to the Department of State in the conduct of their duties. Such procedures shall enable an individual employed by any such committee to be granted immediate access to the Department of State building upon the presentation of a valid United States Senate or House of Representatives identification card, if such individual’s name appears on a list of staff members provided in advance in writing to the Office of Diplomatic Security by the chairman and ranking member of the committee employing such staff. A copy of such list shall be made available to the reception desk at the Department of State.

    (b) PARKING PERMITS- The Office of Diplomatic Security shall also make available a reasonable number of parking permits to each committee in order to facilitate attendance of meetings at the Department of State.

    (c) DEFINITION- For purposes of this section, the term ‘congressional committees of jurisdiction’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

SEC. 187. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.

    For purposes of the registration of birth or certification of nationality of a United States citizen born in Taiwan, the Secretary of State shall permit the place of birth to be recorded as Taiwan.

SEC. 188. REPEAL OF REPORTING REQUIREMENTS.

    The following provisions of law are hereby repealed:

      (1) Section 37(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709), relating to firearms regulations for special agents.

      (2) Section 214(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314), relating to extraordinary protective services to foreign missions.

      (3) Section 216(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4316(d)), relating to application of travel restrictions to personnel of certain countries and organizations.

      (4) Section 108 of the Foreign Relations Authorization Act, Fiscal Year 1978 (22 U.S.C. 2151n-1), relating to Americans incarcerated abroad.

      (5) Section 512(b)(2) of the Foreign Relations Authorization Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)), relating to withdrawal of United States troops from Korea.

      (6) Section 412(b) of the Foreign Service Act of 1980 (22 U.S.C. 3972(b)), relating to special differentials for Foreign Service officers.

      (7) The second sentence of section 2207(c) of the Foreign Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign language competence requirements: exceptions.

      (8) The second sentence of section 103(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (22 U.S.C. 2656 note), relating to status of certain consulates to be reopened.

      (9) Section 9 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465g), relating to evaluation of Cuba service programming.

      (10) Section 130(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982 note), relating to merger of Foreign Service Information Corps into the Foreign Service Corps.

      (11) Section 207(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460 note), relating to foreign travel financed from the United States Information Agency’s private sector program.

      (12) Section 120(d) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating to Foreign Service associates pilot project.

      (13) Section 611 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating to United States scholarship program for developing countries.

      (14) Section 812(c) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating to Japan’s fulfillment of its common defense commitments.

      (15) Section 153(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public Law 100-204), relating to United States-Soviet reciprocity in matters relating to embassies.

      (16) Section 701(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287e note; Public Law 100-204), relating to status of secondment within the United Nations.

      (17) Section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), relating to compliance with commitments by the Palestine Liberation Organization.

      (18) Section 1(5) of the joint resolution entitled ‘Joint resolution relating to NASA and the International Space Year’, approved July 31, 1990 (Public Law 101-339), relating to the international space year--1992.

      (19) Section 232 of the Conventional Forces in Europe Treaty Implementation Act of 1991 (Public Law 102-228), relating to activities to reduce Soviet military threat.

      (20) Section 401(c) of the Conventional Forces in Europe Treaty Implementation Act of 1991 (22 U.S.C. 2551 note), relating to the Arms Control and Disarmament Agency’s revitalization report.

SEC. 189. SENSE OF THE SENATE.

    It is the sense of the Senate that--

      (1) there is a growing concern among some of the Members of this body that the unlimited terms of Office of Inspectors General in Federal agencies may be undesirable, therefore

      (2) the issue of amending the Inspector General Act to establish term limits for Inspectors General should be examined and considered as soon as possible by the appropriate committees of jurisdiction.

SEC. 190. VALUE OF CONTRACTED GOODS AND SERVICES.

    (a) The United Nations is increasingly contracting out to the private sector various aspects of its peacekeeping operations. The Permanent Representative of the United States to the United Nations should make every effort to ensure that United States contractors are awarded an appropriate portion of these contracts commensurate with the overall contribution of the United States to United Nations peacekeeping.

    (b) The Permanent Representative shall report to the Congress in writing annually setting forth the dollar value and percentage of total peacekeeping contracts that have been awarded to United States contractors during the previous year, beginning twelve months after the date of enactment of this Act.

SEC. 191. BUDGET JUSTIFICATION FOR SECURITY COSTS.

    Beginning ninety days after the enactment of this Act, and annually thereafter on the day the budget of the United States is submitted to the Congress, the Secretary of State shall submit to the Congress a detailed budget justification on the costs to provide security and protection to the Secretary of State both domestically and internationally. Such justification shall include the number of full-time permanent personnel assigned to Secretarial protection, the cost of salaries, overtime, per diem, travel, equipment and vehicles for carrying out such protective activities.

TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- The following amounts are authorized to be appropriated to carry out international information activities, and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act, the Inspector General Act of 1978, 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’ for the United States Information Agency, $478,854,000 for the fiscal year 1994 and $478,854,000 for the fiscal year 1995.

      (2) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-

        (A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS- For the ‘Fulbright Academic Exchange Programs’, $141,043,000 for the fiscal year 1994 and $141,043,000 for the fiscal year 1995.

        (B) OTHER EXISTING PROGRAMS- For ‘Hubert H. Humphrey Fellowship Program’, ‘Edmund S. Muskie Fellowship Program’, ‘International Visitors Program’, ‘Israeli-Arab Scholarship Program’, ‘Mike Mansfield Fellowship Program’, ‘Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation’, ‘Citizen Exchange Programs’, ‘Congress-Bundestag Exchange Program’, ‘Newly Independent States and Eastern Europe Training’, ‘Institute for Representative Government’, ‘Freedom Support Act Secondary School Exchanges’, and ‘Arts America’, $105,879,000 for the fiscal year 1994 and $105,879,000 for the fiscal year 1995.

        (C) NEW PROGRAMS-

          (i) GOODWILL GAMES- For the Goodwill Games, $1,000,000 for the fiscal year 1994.

          (ii) EAST TIMOR- For scholarships for East Timorese students established by section 222, $150,000 for the fiscal year 1994 and $150,000 for the fiscal year 1995.

          (iii) CAMBODIA- For scholarships for Cambodians established by section 223, $500,000 for the fiscal year 1994 and $500,000 for the fiscal year 1995.

          (iv) WORLD CUP- For events associated with the 1994 World Cup soccer finals, $1,500,000 for the fiscal year 1994.

      (3) BROADCASTING TO CUBA- For ‘Broadcasting to Cuba’, $28,351,000 for the fiscal year 1994 and $28,351,000 for the fiscal year 1995.

      (4) INTERNATIONAL BROADCASTING ACTIVITIES- For ‘International Broadcasting Activities’ $560,790,000 for the fiscal year 1994 and $560,790,000 for the fiscal year 1995.

      (5) OFFICE OF THE INSPECTOR GENERAL- For the ‘Office of the Inspector General’, $4,390,000 for the fiscal year 1994 and $4,390,000 for the fiscal year 1995.

      (6) NATIONAL ENDOWMENT FOR DEMOCRACY- For the ‘National Endowment for Democracy’, $35,000,000 for the fiscal year 1994 and $35,000,000 for the fiscal year 1995.

      (7) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST- For the ‘Center for Cultural and Technical Interchange between East and West’, $26,000,000 for the fiscal year 1994 and $26,000,000 for the fiscal year 1995.

      (8) INTERNATIONAL BROADCASTING OPERATIONS- For ‘International Broadcasting Operations’, $395,356,000 for the fiscal year 1996 and $400,784,000 for the fiscal year 1997.

      (9) RADIO CONSTRUCTION- For ‘Radio Construction’, $108,874,000 for the fiscal year 1996 and $111,528,000 for the fiscal year 1997.

    (b) AUTHORIZATION WITHIN ‘SALARIES AND EXPENSES ACCOUNT’- Of the amount authorized to be appropriated by subsection (a)(1), $350,000 is authorized for the fiscal year 1994 for the establishment and operation of a United States Information Agency office in Lhasa, Tibet, under section 219 of this Act and $350,000 is authorized for the fiscal year 1995 for the continued operation of such office.

    (c) AUTHORIZATIONS WITHIN ‘FULBRIGHT ACADEMIC EXCHANGE PROGRAMS’-

      (1) Of the amount authorized to be appropriated by subsection (a)(2)(A), $3,000,000 is authorized for the fiscal year 1994 and $3,000,000 for the fiscal year 1995 for the Vietnam scholarship program established by section 229 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138).

      (2) Of the amount authorized to be appropriated by subsection (a)(2)(A), $2,000,000 is authorized for the fiscal year 1994 and $2,000,000 for the fiscal year 1995 for the ‘Environment and Sustainable Development Exchange Program’ established by section 224 of this Act.

PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

SEC. 211. CHANGES IN ADMINISTRATIVE AUTHORITIES.

    Section 801 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471) is amended--

      (1) in paragraph (5), by striking ‘and’ after the semicolon;

      (2) in paragraph (6), by striking the period at the end and inserting ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(7) notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for Agency facilities not physically located together with Department of State facilities abroad.’.

SEC. 212. BUYING POWER MAINTENANCE ACCOUNT.

    Section 704(c) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended--

      (1) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively;

      (2) by inserting ‘(1)’ after ‘(c)’; and

      (3) by adding at the end the following new paragraphs:

    ‘(2) In carrying out this subsection, there may be established a Buying Power Maintenance account.

    ‘(3) In order to eliminate substantial gains to the approved levels of overseas operations for the United States Information Agency, the Director shall transfer to the Buying Power Maintenance account such amounts appropriated for ‘Salaries and Expenses’ as the Director determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.

    ‘(4) In order to offset adverse fluctuations in foreign currency exchange rates or foreign wages and prices, the Director may transfer from the Buying Power Maintenance account to the ‘Salaries and Expenses’ appropriations account such amounts as the Director determines are necessary to maintain the approved level of operations under that appropriation account.

    ‘(5) Funds transferred by the Director from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Director from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended.

    ‘(6) Any restriction contained in an appropriation Act or other provision of law limiting the amounts that may be obligated or expended by the United States Information Agency shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.

    ‘(7)(A) Subject to the limitations contained in this paragraph, not later than the end of the 5th fiscal year after the fiscal year for which funds are appropriated or otherwise made available for the ‘Salaries and Expenses’ account, the Director may transfer any unobligated balance of such funds to the Buying Power Maintenance account.

    ‘(B) The balance of the Buying Power Maintenance account may not exceed $50,000,000 as a result of any transfer under this paragraph.

    ‘(C) Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 705 and shall be available for obligation or expenditure only in accordance with the procedures under such section.

    ‘(D) The authorities contained in this section may only be exercised to such an extent and in such amounts as specifically provided in advance in appropriation Acts.’.

SEC. 213. CONTRACT AUTHORITY.

    Section 802(b) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1472(b)) is amended by adding at the end the following new paragraph:

    ‘(4)(A) Notwithstanding the other provisions of this subsection, the United States Information Agency is authorized to enter into contracts for periods not to exceed 7 years for circuit capacity to distribute radio and television programs.

    ‘(B) The authority of this paragraph may be exercised for a fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.’.

SEC. 214. PROHIBITION ON DISCRIMINATORY CONTRACTS.

    (a) PROHIBITION-

      (1) Except for real estate leases and as provided in subsection (b), the United States Information Agency may not enter into any contract that expends funds appropriated to the United States Information Agency for an amount in excess of the small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))--

        (A) with a foreign person that complies with the Arab League boycott of Israel, or

        (B) with any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.

      (2) For purposes of this section--

        (A) a foreign person complies with the boycott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking, except that for purposes of this paragraph, the term ‘United States person’ as used in subparagraphs (B) and (C) of section 8(a)(1) of such Act shall be deemed to mean ‘person’; and

        (B) the term ‘foreign person’ means any person other than a United States person as defined in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2415).

      (3) For purposes of paragraph (1), a foreign person shall be deemed not to comply with the boycott of Israel by Arab League countries if that person, or the Director of the United States Information Agency or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Director of the United States Information Agency or his designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.

    (b) WAIVER BY THE DIRECTOR OF THE UNITED STATES INFORMATION AGENCY- The Director of the United States Information Agency may waive the requirements of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Director that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

    (c) RESPONSES TO CONTRACT SOLICITATIONS- (1) Except as provided in paragraph (2) of this subsection, the Director of the United States Information Agency shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a contract covered by subsection (a), includes the following clause, in substantially the following form:

‘ARAB LEAGUE BOYCOTT OF ISRAEL

    ‘(a) DEFINITIONS- As used in this clause--

      ‘(1) the term ‘foreign person’ means any person other than a United States person as defined in paragraph (2); and

      ‘(2) the term ‘United States person’ means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

    ‘(b) CERTIFICATION- By submitting this offer, the Offeror certifies that it is not--

      ‘(1) taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking; or

      ‘(2) discriminating in the award of subcontracts on the basis of religion.’.

    (2) An Offeror would not be required to include the certification required by paragraph (1), if the Offeror is deemed not to comply with the Arab League boycott of Israel by the Director of the United States Information Agency or a designee on the basis of available information. Certification by the Director of the United States Information Agency or a designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.

    (3) The Director of the United States Information Agency shall ensure that all State Department contract solicitations include a detailed explanation of the requirements of section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)).

    (d) REVIEW AND TERMINATION- (1) The United States Information Agency shall conduct reviews of the certifications submitted pursuant to this section for the purpose of assessing the accuracy of the certifications.

    (2) Upon complaint of any foreign or United States person of a violation of the certification as required by this section, filed with the Director of the United States Information Agency, the United States Information Agency shall investigate such complaint, and if such complaint is found to be correct and a violation of the certification has been found, all contracts with such violator shall be terminated for default as soon as practicable, and, for a period of two years thereafter, the Agency shall not enter into any contracts with such a violator.

SEC. 215. UNITED STATES TRANSMITTER IN KUWAIT.

    None of the funds authorized to be appropriated by this or any other Act may be obligated or expended for the design, development, or construction of a United States radio transmitter in Kuwait.

SEC. 216. SEPARATE LEDGER ACCOUNTS FOR GRANTEES OF THE NATIONAL ENDOWMENT FOR DEMOCRACY.

    Section 504(h)(1) of the National Endowment for Democracy Act (22 U.S.C. 4413(h)(1)) is amended by striking ‘accounts’ and inserting ‘bank accounts or separate self-balancing ledger accounts’.

SEC. 217. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL EXPOSITIONS.

    Notwithstanding any other provision of law, the United States Information Agency shall not obligate or expend any funds for a United States Government funded pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions in excess of amounts expressly authorized and appropriated for such purpose.

SEC. 218. AUTHORITY TO RESPOND TO PUBLIC INQUIRIES.

    Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended by adding at the end the following new sentence: ‘The provisions of this section shall not prohibit the United States Information Agency from responding to inquiries from members of the public about its operations, policies, or programs.’.

SEC. 219. USIA OFFICE IN LHASA, TIBET.

    (a) ESTABLISHMENT OF OFFICE- The Director of the United States Information Agency shall establish an office in Lhasa, Tibet, for the purpose of--

      (1) disseminating information about the United States;

      (2) promoting discussions on conflict resolution and human rights;

      (3) facilitating United States private sector involvement in educational and cultural activities in Tibet; and

      (4) advising the United States Government with respect to Tibetan public opinion.

    (b) APPLICABLE LAWS- Activities under subsection (a) shall be carried out in accordance with the provisions of the United States Information and Educational Exchange Act of 1948 and the Mutual Educational and Cultural Exchange Act of 1961.

SEC. 220. REPORTS ON UNITED STATES GOVERNMENT EXCHANGE PROGRAMS.

    (a) PRESIDENTIAL REPORT- 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:

    ‘(f)(1) The President shall ensure that all exchange programs conducted by the United States Government, its departments, and agencies, directly or through agreements with other parties, are reported to the Bureau at a time and in a format prescribed by the Bureau.

    ‘(2) Not later than 90 days after the date of enactment of this subsection, and annually thereafter, the President shall submit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report containing the information required to be reported under paragraph (1). Such report shall include information concerning the objectives of each exchange program supported by the United States, the number of exchange participants, the types of exchange activities, and the total amount of Federal expenditures for such exchanges.’.

    (b) REPORT BY THE DIRECTOR OF USIA- Not later than 120 days after the date of enactment of this Act, the Director of the United States Information Agency shall submit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report--

      (1) outlining the range of exchange programs administered by the Agency;

      (2) identifying possible areas of duplication or inefficiency; and

      (3) recommending program consolidation and administrative restructuring as warranted.

SEC. 221. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.

    Notwithstanding any other provision of law, the Bureau of Educational and Cultural Affairs of the United States Information Agency shall make available for each of the fiscal years 1994 and 1995, scholarships for East Timorese students qualified to study in the United States for the purpose of studying at the undergraduate level in a United States college or university. Each scholarship made available under this subsection shall be for not less than one semester of study.

SEC. 222. CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS.

    (a) PURPOSE- It is the purpose of this section to provide financial assistance--

      (1) to establish a scholarship program for Cambodian college and post-graduate students to study in the United States; and

      (2) to expand Cambodian participation in exchange programs of the United States Information Agency.

    (b) PROGRAM- (1) The Director of the United States Information Agency shall establish a scholarship program to enable Cambodian college students and post-graduate students to study in the United States.

    (2) The Director of the United States Information Agency shall also include qualified Cambodian citizens in exchange programs funded or otherwise sponsored by the Agency, in particular the Fulbright Academic Program, the International Visitor Program, and the Citizen Exchange Program.

    (c) DEFINITION- For the purposes of this section, the term ‘scholarship’ means an amount to be used for full or partial support of tuition and fees to attend an educational institution, and may include fees, books, and supplies, equipment required for courses at an educational institution, living expenses at a United States educational institution, and travel expenses to and from, and within, the United States.

SEC. 223. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE PROGRAMS.

    (a) FINDINGS- The Congress finds that--

      (1) United States Information Agency (USIA) programs with African countries have continued to decrease over the past three years, occurring at a time when economic reform and the expansion of democratic governments and institutions are taking place in more than 25 countries across Africa;

      (2) African institutions are now attempting to reform their education sector to adjust to population and budget pressures, and to revitalize existing infrastructure to restore quality;

      (3) higher education is the cornerstone of economic and political development, and will help improve the well-being of Africans citizens; and

      (4) USIA programs in Africa are insufficient to meet the expanding needs for educational development and to help strengthen democratic, educational, and free market institutions in Africa.

    (b) POLICY- The Director of United States Information Agency shall expand exchange program allocations to Africa, in particular Fulbright Academic Exchanges, International Visitor Programs, and Citizen Exchanges, and shall further encourage a broadening of affiliations and links between American and African institutions.

SEC. 224. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT EXCHANGE PROGRAM.

    (a) PURPOSE- The purpose of this section is to establish an exchange program to bring students and teachers to the United States for training in the fields of environment and development, with particular emphasis on sustainable development.

    (b) PROGRAM AUTHORITY- Notwithstanding any other provision of law, the Director of the United States Information Agency, through the Bureau of Educational and Cultural Affairs, shall provide scholarships beginning in the fiscal year 1994, and for each fiscal year thereafter, for study at United States institutions of higher education in furtherance of the purpose of this section for foreign students who have completed their undergraduate education and for postsecondary educators.

    (c) GUIDELINES- The scholarship program under this section shall be carried out in accordance with the following guidelines:

      (1) Consistent with section 112(b) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)), all programs created pursuant to this Act shall be nonpolitical and balanced, and shall be administered in keeping with the highest standards of academic integrity and cost-effectiveness.

      (2) The United States Information Agency shall administer this program under the auspices of the Fulbright Academic Exchange Program.

      (3) The United States Information Agency shall ensure the regional diversity of this program through the selection of candidates from Asia, Africa, Latin America, as well as Europe and the Middle East.

    (d) DEFINITION- For purposes of this section, the term ‘institution of higher education’ has the same meaning given to such term by section 1201(a) of the Higher Education Act of 1965.

SEC. 225. USIA VOCATIONAL EXCHANGE PROGRAM.

    (a) AUTHORITY- Section 102(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452) is amended by adding at the end the following new paragraph:

      ‘(4) vocational exchanges, by financing visits and interchanges of professionals and skilled workers in the fields of government, public administration, infrastructure planning and development, business, and finance for the purpose of increasing practical understanding, management, and problem-solving skills in--

        ‘(A) the institution and improvement of public administration and infrastructure at the national, intergovernmental, regional and local level; and

        ‘(B) the creation and development of private enterprise and free market systems based on the principle of private ownership of property.’.

    (b) REPORT- Not later than one year after the date of the enactment of this Act, the Director of the United States Information Agency shall submit a detailed report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the action taken by the United States Information Agency to carry out section 102(a)(4) of the Mutual Educational and Cultural Exchange Act of 1961.

SEC. 226. AMERICAN STUDIES COLLECTIONS.

    (a) AUTHORITY- In order to promote a thorough understanding of the United States among emerging elites abroad, the Director of the United States Information Agency is authorized to enter into agreements with universities for the establishment and support of collections at appropriate university libraries located abroad to further the study of the United States.

    (b) DESIGN AND DEVELOPMENT- Such collections--

      (1) shall be developed in consultation with United States associations and organizations of scholars in the principal academic disciplines in which American studies are conducted; and

      (2) shall be designed primarily to meet the needs of undergraduate and graduate students of American studies.

    (c) SITE SELECTION- In selecting universities abroad as sites for such collections, the Director shall--

      (1) ensure that such universities are able, within a reasonable period of the establishment of such collections, to assume responsibility for their maintenance in current form;

      (2) ensure that undergraduate and graduate students shall enjoy reasonable access to such collections; and

      (3) include in any agreement entered into between the United States Information Agency and a university abroad, terms embodying a contractual commitment of such maintenance and access under this subsection.

SEC. 227. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE EAST RESEARCH AND TRAINING.

    Section 228(d) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting ‘and includes the Republic of Turkey’ before the period at the end thereof.

SEC. 228. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES INFORMATION AGENCY DOCUMENTARY FILM ENTITLED ‘CRIMES AGAINST HUMANITY’.

    Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), nor any other provision of law, the Director of the United States Information Agency may make available for distribution within the United States the documentary entitled ‘Crimes Against Humanity’, a film about the ensuing conflict in the former Yugoslavia.

SEC. 229. REDUCTION IN FORCE AUTHORITY WITH REGARD TO THE FOREIGN SERVICE.

    (a) IN GENERAL- (1) Title VI of the Foreign Service Act of 1980 (22 U.S.C. 4001 et seq.) is amended--

      (A) by redesignating sections 611, 612, and 613 as sections 612, 613, and 614, respectively; and

      (B) by inserting after section 610 the following new section:

    ‘SEC. 611. REDUCTIONS IN FORCE- (a) The Secretary may conduct reductions in force and may prescribe regulations for the separation of members of the Service under such reductions in force which give due effect to--

      ‘(1) organizational need;

      ‘(2) documented employee qualifications, knowledge, skills, or competencies;

      ‘(3) documented employee performance;

      ‘(4) tenure of employment; and

      ‘(5) military preference.

    ‘(b) For purposes of this section the term ‘members of the Service’ means the individuals described under section 103.’.

    (2) The table of contents for the Foreign Service Act of 1980 is amended by striking out the items related to section 611, 612, and 613 and inserting in lieu thereof the following:

      ‘Sec. 611. Reductions in force.

      ‘Sec. 612. Termination of limited appointments.

      ‘Sec. 613. Termination of appointments of consular agents and foreign national employees.

      ‘Sec. 614. Foreign Service awards.’.

    (b) MANAGEMENT RIGHTS- Section 1005(a) of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amended--

      (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

      (2) by inserting after paragraph (2) the following new paragraph:

      ‘(3) to conduct reductions in force, and to prescribe regulations for the separation of employees under such reductions in force conducted under section 611;’.

    (c) CONSULTATION- The Secretary of State shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section).

SEC. 230. INTERNATIONAL EXCHANGE PROGRAMS INVOLVING DISABILITY-RELATED MATTERS.

    (a) AUTHORITY- Section 102(b) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)) is amended--

      (1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and

      (2) by inserting after paragraph (8) the following:

      ‘(9) promoting educational, cultural, medical, and scientific meetings, training, research, visits, interchanges, and other activities, with respect to disability-related matters, including participation by individuals with disabilities (within the meaning of section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)) in such activities, through such nonprofit organizations as have a demonstrated capability to coordinate exchange programs involving disability-related matters;’.

    (b) REPORT- Not later than 180 days after the date of enactment of this Act, the Director of the United States Information Agency shall submit a report to the Congress describing the steps taken during the period since the date of enactment of this Act to implement section 102(b)(9) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(9)).

    (c) ANNUAL SUMMARY OF ACTIVITIES- As part of the congressional presentation materials submitted in connection with the annual budget request for the United States Information Agency, the Director of the Agency shall include a summary of the international exchange activities carried out under section 102(b)(9) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(9)) during the preceding calendar year.

PART C--MIKE MANSFIELD FELLOWSHIPS

SEC. 231. SHORT TITLE.

    This part may be cited as the ‘Mike Mansfield Fellowship Act’.

SEC. 232. ESTABLISHMENT OF MIKE MANSFIELD FELLOWSHIP PROGRAM.

    (a) ESTABLISHMENT- (1) There is hereby established the ‘Mike Mansfield Fellowship Program’ pursuant to which the Director of the United States Information Agency will make grants, subject to the availability of appropriations, to the Mansfield Center for Pacific Affairs to award fellowships to eligible United States citizens for periods of 2 years each (or, pursuant to section 233(5)(C), for such shorter period of time as the Center may determine based on a Fellow’s level of proficiency in the Japanese language or knowledge of the political economy of Japan) as follows:

      (A) During the first year each fellowship recipient will study the Japanese language as well as Japan’s political economy.

      (B) During the second year each fellowship recipient will serve as a Fellow in a parliamentary office, ministry, or other agency of the Government of Japan or, subject to the approval of the Center, a nongovernmental Japanese institution associated with the interests of the fellowship recipient, consistent with the purposes of this part.

    (2) Fellowships under this part may be known as ‘Mansfield Fellowships’, and individuals awarded such fellowships may be known as ‘Mansfield Fellows’.

    (b) ELIGIBILITY OF CENTER FOR GRANTS- Grants may be made to the Center under this section only if the Center agrees to comply with the requirements of section 233.

    (c) INTERNATIONAL AGREEMENT- The Director of the United States Information Agency should enter into negotiations for an agreement with the Government of Japan for the purpose of placing Mansfield Fellows in the Government of Japan.

    (d) PRIVATE SOURCES- The Center is authorized to accept, use, and dispose of gifts or donations of services or property in carrying out the fellowship program.

SEC. 233. PROGRAM REQUIREMENTS.

    The program established under this part shall comply with the following requirements:

      (1) United States citizens who are eligible for fellowships under this part shall be employees of the Federal Government having at least two years experience in any branch of the Government, a strong career interest in United States-Japan relations, and a demonstrated commitment to further service in the Federal Government.

      (2) Not less than 10 fellowships shall be awarded each year.

      (3) Mansfield Fellows shall agree--

        (A) to maintain satisfactory progress in language training as a condition of continued receipt of Federal funds; and

        (B) to return to the Federal Government for further employment for a period of at least 2 years following the end of their fellowships, unless, in the determination of the Center, the Fellow is unable (for reasons beyond the Fellow’s control and after receiving assistance from the Center as provided in paragraph (8)) to find reemployment for such period.

      (4) During the period of the fellowship, the Center shall provide each Mansfield Fellow--

        (A) a stipend at a rate of pay equal to the rate of pay that individual was receiving when he or she entered the program, plus a cost-of-living adjustment calculated at the same rate of pay, and for the same period of time, for which such adjustments were made to the salaries of individuals occupying competitive positions in the civil service during the same period as the fellowship; and

        (B) certain allowances and benefits as that individual would have been entitled to, but for his or her separation from Government service, as a United States Government civilian employee overseas under the Standardized Regulations (Government Civilians, Foreign Areas) of the Department of State, as follows: a living quarters allowance to cover the cost of housing in Japan, a post allowance to cover the significantly higher costs of living in Japan, a temporary quarters subsistence allowance for up to 7 days for Fellows unable to find housing immediately upon arrival in Japan, an education allowance to assist parents in providing their children with educational services ordinarily provided without charge by United States public schools, moving expenses of up to $3,000 for personal belongings of Fellows and their families in their move to Japan and up to $500 for Fellows residing outside the Washington, D.C. area in moving to the Washington, D.C. area, and one-round-trip economy-class airline ticket to Japan for each Fellow and the Fellow’s immediate family.

      (5)(A) For the first year of each fellowship, the Center shall provide Fellows with intensive Japanese language training in the Washington, D.C., area, as well as courses in the political economy of Japan.

      (B) Such training shall be of the same quality as training provided to Foreign Service officers before they are assigned to Japan.

      (C) The Center may waive any or all of the training required by subparagraph (A) to the extent that a Fellow has Japanese language skills or knowledge of Japan’s political economy, and the 2 year fellowship period shall be shortened to the extent such training is less than one year.

      (6) Any Mansfield Fellow not complying with the requirements of this section shall reimburse the United States Information Agency for the Federal funds expended for the Fellow’s participation in the fellowship, together with interest on such funds (calculated at the prevailing rate), as follows:

        (A) Full reimbursement for noncompliance with paragraph (3)(A) or (9); and

        (B) pro rata reimbursement for noncompliance with paragraph (3)(B) for any period the Fellow is reemployed by the Federal Government that is less than the period specified in paragraph (3)(B), at a rate equal to the amount the Fellow received during the final year of the fellowship for the same period of time, including any allowances and benefits provided under paragraph (4).

      (7) The Center shall select Mansfield Fellows based solely on merit. The Center shall make positive efforts to recruit candidates reflecting the cultural, racial, and ethnic diversity of the United States.

      (8) The Center shall assist any Mansfield Fellow in finding employment in the Federal Government if such Fellow was not able, at the end of the fellowship, to be reemployed in the agency from which he or she separated to become a Fellow.

      (9) No Mansfield Fellow may engage in any intelligence or intelligence-related activity on behalf of the United States Government.

SEC. 234. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS.

    (a) SEPARATION- Under such terms and conditions as the agency head may direct, any agency of the United States Government may separate from Government service for a specified period any officer or employee of that agency who accepts a fellowship under the program established by this part.

    (b) REEMPLOYMENT- Any Mansfield Fellow, at the end of the fellowship, is entitled to be reemployed in the same manner as if covered by section 3582 of title 5, United States Code.

    (c) RIGHTS AND BENEFITS- Notwithstanding section 8347(o), 8713, or 8914 of title 5, United States Code, and in accordance with regulations of the Office of Personnel Management, an employee, while serving as a Mansfield Fellow, is entitled to the same rights and benefits as if covered by section 3582 of title 5, United States Code. The Center shall reimburse the employing agency for any costs incurred under section 3582 of title 5, United States Code.

    (d) COMPLIANCE WITH BUDGET ACT- Funds are available under this section to the extent and in the amounts provided in appropriation Acts.

SEC. 235. PROGRAM REVIEW AND REPORT.

    (a) PROGRAM REVIEW- The Director of the United States Information Agency shall review the administration of the program assisted under this part.

    (b) ANNUAL REPORT- Each year at the time of the submission of the President’s budget request to the Congress, the Director of the United States Information Agency shall submit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report completed by the Center on the conduct of the program during the preceding year. Each such report shall contain--

      (1) an analysis of the assistance provided under the program for the previous fiscal year and the nature of the assistance provided;

      (2) an analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, including the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligation under the program; and

      (3) an analysis of the results of the program for the previous fiscal year, including, at a minimum, the cumulative percentage of individuals who received assistance under the program who subsequently became employees of the United States Government and, in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance given to those recipients.

SEC. 236. DEFINITIONS.

    For purposes of this part--

      (1) the term ‘agency of the United States Government’ includes any agency of the legislative branch and any court of the judicial branch as well as any agency of the executive branch;

      (2) the term ‘agency head’ means--

        (A) in the case of the executive branch of Government or an agency of the legislative branch other than the House of Representatives or the Senate, the head of the respective agency;

        (B) in the case of the judicial branch of Government, the chief judge of the respective court;

        (C) in the case of the Senate, the President pro tempore, in consultation with the Majority Leader and Minority Leader of the Senate; and

        (D) in the case of the House of Representatives, the Speaker of the House, in consultation with the Majority Leader and Minority Leader of the House; and

      (3) the term ‘Center’ means the Mansfield Center for Pacific Affairs.

TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994

SEC. 301. SHORT TITLE.

    This title may be cited as the ‘United States International Broadcasting Act of 1994’.

SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    The Congress hereby finds and declares that--

      (1) it is the policy of the United States to promote the right 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 that the promotion of such communication is in the interests of the United States;

      (3) prominent in the implementation of this policy has been United States support for the Voice of America, Radio Free Europe, Radio Liberty, and Broadcasting to Cuba, which have demonstrated their effectiveness in providing accurate and timely information to the people of the world;

      (4) the continuation of these broadcasting entities, and the creation of a new broadcasting service to the people of the People’s Republic of China and the other communist countries of Asia, would continue the promotion of information and ideas, while advancing the goals of United States foreign policy; and

      (5) the reorganization and consolidation of these services will achieve important economies and strengthen the capability of the United States to utilize these instrumentalities to support freedom and democracy in a rapidly changing international environment.

SEC. 303. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

    (a) ESTABLISHMENT- There is hereby established within the United States Information Agency a Broadcasting Board of Governors (hereafter in this title referred to as the ‘Board’).

    (b) COMPOSITION OF THE BOARD- (1) The Board shall consist of 8 members, as follows:

      (A) Six voting members who shall be appointed by the President, by and with the advice and consent of the Senate.

      (B) The Director of the United States Information Agency who shall also be a voting member.

      (C) The Director of the International Broadcasting Bureau, who shall be an ex officio member of the Board and may not vote in the determinations of the Board.

    (2) The President shall designate one member (other than the Director of the United States Information Agency) as Chairman of the Board.

    (3) Exclusive of the Director of the United States Information Agency, not more than three of the members of the Board appointed by the President shall be of the same political party.

    (c) TERM OF OFFICE- The term of office of each member of the Board shall be three years, except that the Director of the United States Information Agency and the Director of the International Broadcasting Bureau of the United States Information Agency shall remain members of the Board during their respective terms of service. Of the other six voting members, the initial terms of office of two members shall be one year, and the initial terms of office of two other members shall be two years, so that the terms of one-third of these voting members of the Board expire each year. The President shall appoint, by and with the advice and consent of the Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until his or her successor has been appointed and qualified.

    (d) SELECTION OF BOARD- Members of the Board appointed by the President shall be citizens of the United States who are not currently regular full-time employees of the United States Government, except the Director of the United States Information Agency. Such members shall be selected by the President from among Americans distinguished in the fields of mass communications, print, broadcast media or foreign affairs.

    (e) COMPENSATION- Members of the Board, while attending meetings of the Board or while engaged in duties relating to such meetings or in other activities of the Board pursuant to this section, including travel time, shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. While away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The Director of the United States Information Agency and the Director, International Broadcasting Bureau, United States Information Agency, shall not be entitled to any compensation under this title, but may be allowed travel expenses as provided in the preceding sentence.

SEC. 304. FUNCTIONS OF THE BOARD.

    (a) AUTHORITIES- The Board is authorized--

      (1) to provide guidance and oversight to the International Broadcasting Bureau;

      (2) to review and evaluate the mission and operation of the International Broadcasting Bureau and to assess the quality, effectiveness, and professional integrity of its programming within the context of the broad foreign policy objectives of the United States;

      (3) to review and evaluate, at least annually, the mix of traditional Voice of America programming and surrogate programming and make recommendations to the President, through the Director of the United States Information Agency, regarding the addition or deletion of language services;

      (4) to make grants to RFE/RL, Incorporated, or to an alternative entity in accordance with section 307(e);

      (5) to review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective delivery services;

      (6) to undertake such studies as may be necessary to identify areas in which the operations of the International Broadcasting Bureau could be made more efficient and economical;

      (7) to submit to the President, through the Director of the United States Information Agency, an annual report which summarizes the activities of the Board and evaluates the operations of the International Broadcasting Bureau;

      (8) to the extent it deems necessary to carry out the functions under this title, procure supplies, services, and other personal property;

      (9) to appoint such staff personnel for the Board as may be necessary, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and

      (10) to make available for its own use, for official reception and representation expenses, such amount as provided for in an annual appropriations which shall not exceed the amount appropriated to the Board for International Broadcasting for such purposes in fiscal year 1993.

    (b) IMPLEMENTATION- The Director and the Board, in carrying out the functions of subsection (a), shall respect the professional independence and integrity of the International Broadcasting Bureau and its broadcasting services.

SEC. 305. FOREIGN POLICY GUIDANCE.

    To assist the Board in carrying out its functions, the Secretary of State, acting through the Director of the United States Information Agency, shall provide information and guidance on foreign policy issues to the Board.

SEC. 306. INTERNATIONAL BROADCASTING BUREAU.

    (a) ESTABLISHMENT- There is hereby established an International Broadcasting Bureau within the United States Information Agency (hereafter in this title referred to as the ‘Bureau’).

    (b) ORGANIZATION OF THE BUREAU- The Bureau, in recognition of and to implement the purposes of this title, shall consist of the following separate elements:

      (1) The Voice of America.

      (2) The Office of Surrogate Broadcasting.

      (3) Such services of the WORLDNET Television and Film Service as determined by the Board with the concurrence of the Director of the United States Information Agency.

      (4) Engineering and Technical Operations.

      (5) Such other elements as the Director of the International Broadcasting Bureau may from time to time establish with the concurrence of the Director of the United States Information Agency and the Board.

    (c) ORGANIZATION OF THE OFFICE OF SURROGATE BROADCASTING- The Office of Surrogate Broadcasting shall administer the grants for Radio Free Europe, Radio Liberty, and Radio Free Asia and shall administer the Office of Cuba Broadcasting (including Radio Marti and TV Marti), and such other surrogate services as may from time to time be established.

    (d) SELECTION OF THE DIRECTOR OF THE BUREAU- (1) The Director of the Bureau shall be appointed by the 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. The Director of the Bureau shall be entitled to receive compensation at the rate now or hereafter prescribed by law for level IV of the Executive Schedule.

    (2) Section 5315 of title 5, United States Code, is amended by adding at the end the following:

      ‘Director of the International Broadcasting Bureau, the United States Information Agency.’.

    (e) SEPARATELY IDENTIFIED APPROPRIATION ACCOUNT- (1) In any fiscal year, funding for the Board and the Bureau shall be made out of a single appropriations account designated ‘International Broadcasting Activities’ or ‘International Broadcasting Operations’, as the case may be.

    (2) The Director of the Bureau shall submit proposals on appropriation of broadcasting funds to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board and the Bureau to the Director of the United States Information Agency for his consideration as a part of the Agency’s budget submission to the Office of Management and Budget.

    (3) The Director of the United States Information Agency shall include in the Agency’s submission to the Office of Management and Budget the comments and recommendations of the Board concerning the proposed broadcasting budget.

    (4) The Board shall allocate funds appropriated pursuant to paragraph (1) among the separate elements of the International Broadcasting Bureau, subject to the limitations contained in section 307(d).

SEC. 307. GRANTS FOR RADIO FREE EUROPE, RADIO LIBERTY, AND RADIO FREE ASIA.

    (a) AUTHORITY- The Board is authorized to make annual grants to RFE/RL, Incorporated, for the purpose of operating Radio Free Europe, Radio Liberty, and Radio Free Asia as provided for in sections 308 and 309.

    (b) BOARD STRUCTURE- No grant may be made to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that--

      (1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Broadcasting Board of Governors established under section 303 and of no other members;

      (2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such managerial officers and employees of RFE/RL, Incorporated, as it deems necessary to carry out the purposes of the grant provided under this title; and

      (3) the name of the corporation shall be amended to include reference to Radio Free Asia, and the corporation shall be authorized to carry out the functions described in section 308 with respect to Radio Free Asia.

    (c) LOCATION OF PRINCIPAL PLACE OF BUSINESS- (1) No grant may be made under this section unless RFE/RL, Incorporated, agrees to locate the headquarters of the corporation and its senior administrative and managerial staff within the metropolitan area of Washington, D.C.

    (2) Not later than 90 days after the date of enactment of this Act, the Board shall provide a report to Congress on the number of administrative, managerial, and technical staff who will be located within the metropolitan area of Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan area of Washington, D.C.

    (d) LIMITATION ON GRANT AMOUNTS- (1) Grants made after September 30, 1995, for the operating costs of Radio Free Europe and Radio Liberty may not exceed $75,000,000 in any fiscal year.

    (2) Grants made for the operating costs of Radio Free Asia may not exceed $22,000,000 in any fiscal year.

    (3) The total amount of grant funds made available for one-time capital costs of Radio Free Asia may not exceed $8,000,000.

    (4) Notwithstanding the provisions of paragraphs (1) and (2), if RFE/RL, Incorporated, determines that there is a need to reallocate resources between funds made available for Radio Free Europe, Radio Liberty, and Radio Free Asia, RFE/RL, Incorporated, may submit a request for the reallocation of such resources to the Board, which may authorize such reallocation after notifying the appropriate congressional committees.

    (e) ALTERNATIVE GRANTEE- If the Board determines at any time that RFE/RL, Incorporated, is not carrying out the functions described in section 308 or 309 in an effective and economical manner, the Board may award the grant to carry out these functions to another entity after soliciting and considering applications from eligible entities in such manner and accompanied by such information as the Board may reasonably require.

    (f) NOT A FEDERAL AGENCY OR INSTRUMENTALITY- Compliance with the requirements of subsection (b) shall not be construed to make such entity a Federal agency or instrumentality.

SEC. 308. RADIO FREE ASIA.

    (a) AUTHORITY- (1) Grants authorized under section 307(a) shall be available to make annual grants for the purpose of carrying out radio broadcasting to the People’s Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, or Vietnam.

    (2) Such surrogate broadcasting service shall be referred to as ‘Radio Free Asia’.

    (b) FUNCTIONS- Radio Free Asia shall--

      (1) provide accurate and timely information, news, and commentary about events in the respective countries of Asia and elsewhere; and

      (2) be a forum for a variety of opinions and voices from within Asian nations whose people do not fully enjoy freedom of expression.

    (c) SUBMISSION OF DETAILED PLAN FOR RADIO FREE ASIA- (1) No grant may be awarded to carry out this section unless the Board, through the Director of the United States Information Agency, has submitted to Congress and the Comptroller General of the United States a detailed plan for the establishment and operation of Radio Free Asia, including--

      (A) a description of the manner in which RFE/RL, Incorporated, would meet the funding limitations provided in section 307(d)(2);

      (B) a statement that the authority to utilize existing transmitters has been obtained for the broadcasting of Radio Free Asia to countries or regions proposed in the plan, and that existing transmitters meet the technical needs of the new service; and

      (C) a detailed justification for the number of employees RFE/RL, Incorporated, proposes to hire, the extent to which RFE/RL, Incorporated, intends to utilize technical or other resources of other broadcasting entities, and the manner in which RFE/RL, Incorporated, intends to reimburse such other entities for such utilization of resources.

    (2) The plan required by paragraph (1) shall be submitted not later than 120 days after the date of enactment of this Act.

    (3) No grant may be awarded to carry out the provisions of this section unless the plan submitted by the Board includes a certification by the Board that Radio Free Asia can be established and operated within the funding limitations provided for in section 307(d)(2).

    (4) The Comptroller General of the United States shall review the plan submitted by the Board and shall, not later than 30 days after receipt of the plan, report to the Director of the United States Information Agency, the Board, and the appropriate congressional committees on whether the Comptroller General determines that the fiscal assumptions contained in the plan are adequate and that the plan can be implemented within the funding limitations provided for in this section.

    (5) If the Board determines that a Radio Free Asia cannot be established or operated effectively within the funding limitations provided for in this section, the Board may submit, through the Director of United States Information Agency, an alternative plan and such proposed changes in legislation as may be necessary to the appropriate congressional committees.

    (d) GRANT AGREEMENT- (1) Grants awarded under this section shall be subject to the same terms and conditions as are provided in subsections (b), (c), (d), and (e) of section 309 with respect to the functions of Radio Free Europe and Radio Liberty.

    (2) Any grant agreement under this section shall require that any contract entered into by RFE/RL, Incorporated, with respect to Radio Free Asia shall specify that all obligations are assumed by RFE/RL, Incorporated, and not by the United States Government, and shall further specify that funds to carry out the activities of RFE/RL, Incorporated, may not be available after September 30, 1999.

    (3) Any such grant agreement shall require that any lease agreements entered into by RFE/RL, Incorporated, with respect to Radio Free Asia shall be, to the maximum extent possible, assignable to the United States Government.

    (e) LIMITATIONS ON ADMINISTRATIVE AND MANAGERIAL COSTS- (1) It is the sense of the Congress that administrative and managerial costs for operation of Radio Free Asia should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if Radio Free Asia had been operated as a Federal entity rather than as a grantee.

    (2) The Board shall include in the annual report required by section 304(a)(7) information on the amount of funds expended on administrative and managerial services by each of the broadcasting services operated through the Bureau, directly or by grant, and the steps it has taken to reduce unnecessary overhead costs for each of the broadcasting services.

    (f) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE ASIA- Not later than 3 years after the date funds have been provided to RFE/RL, Incorporated, for the purpose of operating Radio Free Asia, the Board, through the Director of the United States Information Agency, shall submit to the appropriate congressional committees a report on--

      (1) whether Radio Free Asia is technically sound and cost-effective,

      (2) whether Radio Free Asia consistently meets the standards for quality and objectivity established by law by the United States Information Agency or the Board,

      (3) whether Radio Free Asia is received by a sufficient audience to warrant its continuation,

      (4) the extent to which such broadcasting is already being received by the target audience from other credible sources; and

      (5) the extent to which the interest of the United States is being served by maintaining broadcasting of Radio Free Asia.

    (g) SUNSET PROVISION- The Board may not make any grant for the purpose of operating Radio Free Asia after September 30, 1998, unless the President of the United States determines in his fiscal year 1999 budget submission that continuation of funding for Radio Free Asia for 1 additional year is in the interest of the United States.

    (h) NOTIFICATION AND CONSULTATION REGARDING DISPLACEMENT OF VOICE OF AMERICA BROADCASTING- The Board shall notify the appropriate congressional committees before entering into any agreements for the utilization of Voice of America transmitters, equipment, or other resources that will significantly reduce the broadcasting activities of the Voice of America in Asia or any other region in order to accommodate the broadcasting activities of Radio Free Asia. The Chairman of the Board shall consult with such committees on the impact of any such reduction in Voice of America broadcasting activities.

    (i) PRINCIPAL PLACE OF BUSINESS- Grants may only be made to RFE/RL, Incorporated, if the principal place of business of Radio Free Asia is within the Washington, D.C., metropolitan area, unless the Board determines that another location within the United States is necessary to carry out the functions of Radio Free Asia effectively and in a cost-effective manner.

SEC. 309. RADIO FREE EUROPE AND RADIO LIBERTY.

    (a) AUTHORITY- Grants authorized under section 307(a) shall be available to make annual grants for the purpose of carrying out the same functions as were carried out by RFE/RL, Incorporated, before the date of enactment of this Act with respect to Radio Free Europe and Radio Liberty, consistent with section 2 of the Board for International Broadcasting Act of 1973, as in effect on such date.

    (b) GRANT AGREEMENT- (1) Such grants shall be made pursuant to a grant agreement between the Board and RFE/RL, Incorporated, which requires that grant funds shall only be used for activities which the Board determines are consistent with the purposes of subsection (a) and that RFE/RL, Incorporated, shall otherwise comply with the requirements of this section. Failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.

    (2) The grant agreement shall impose such conditions as the Board determines may be appropriate pursuant to section 304(a)(3) to reduce overlapping language services and broadcasting service with other broadcasting services operated within the International Broadcasting Bureau.

    (3) The grant agreement shall require RFE/RL, Incorporated, to justify in detail each proposed expenditure of grant funds, and such funds may not be used for any other purpose unless the Board gives its prior written approval.

    (c) PROHIBITED USES OF GRANT FUNDS- No grant funds provided under this section may be used--

      (1) to pay any salary or other compensation, or enter into any contract providing for the payment thereof in excess of the rates established for comparable positions under title 5 of the United States Code or the foreign relations laws of the United States, except that no employee may be paid a salary or other compensation in an amount in excess of the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code and that the salary or other compensation limitations provided for in this paragraph shall not be imposed prior to January 1, 1995, with respect to any employee covered by a union agreement requiring a different salary or other compensation;

      (2) to pay for any activity for the purpose of influencing the passage or defeat of legislation being considered by Congress;

      (3) to enter into a contract or obligation to pay severance payments beyond those required by United States law or the laws of the country where the employee is stationed;

      (4) to pay for first class travel for any employee of RFE/RL, Incorporated, or the employee’s relative; or

      (5) to compensate freelance contractors without the written approval of the Director.

    (d) REPORT ON MANAGEMENT PRACTICES- Not later than March 31 and September 30 of each calendar year, the Inspector General of the United States Information Agency shall submit to the Board, the Director of the United States Information Agency, and the Congress a report on management practices of RFE/RL, Incorporated, under this section during the preceding 6-month period. The Inspector General of the United States Information Agency shall establish a special unit within the Inspector General’s office to monitor and audit the activities of RFE/RL, Incorporated, and shall provide for on-site monitoring of such activities.

    (e) AUDIT AUTHORITY- (1) Such financial transactions of RFE/RL, Incorporated, as relate to functions carried out under this section may be audited by the General Accounting Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of RFE/RL, Incorporated, are normally kept.

    (2) The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things or property belonging to or in use by the private entity pertaining to such financial transactions and necessary to facilitate the audit. Such representatives shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports files, papers, and property of RFE/RL, Incorporated, shall remain in the possession and custody of RFE/RL, Incorporated.

    (3) Notwithstanding any other provision of law, the Inspector General of the United States Information Agency is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to RFE/RL, Incorporated.

    (g) PLAN FOR RELOCATION- Before relocating the activities of RFE/RL, Incorporated, in the Federal Republic of Germany to another site, the Board for International Broadcasting or the Board, if established, shall submit to the Comptroller General of the United States and the appropriate congressional committees a detailed plan for such relocation, including cost estimates. No funds made available under law may be used for such relocation unless explicitly provided in an appropriation Act or pursuant to a reprogramming notification. Any plan developed pursuant to this subsection shall include provisions for relocating the senior administrative and management personnel of RFE/RL, Incorporated, to the geographic area of Washington, D.C., as provided for in section 307(c).

    (h) REPORTS ON PERSONNEL CLASSIFICATION- (1) Not later than 3 months after the date of enactment of this Act, the Board for International Broadcasting shall submit a report to the Office of Personnel Management containing a justification, in terms of the types of duties performed at specific rates of salary and other compensation, of the classification of personnel employed by RFE/RL, Incorporated.

    (2) Not later than 9 months after submission of the report referred to in paragraph (1), the Office of Personnel Management shall submit to Congress a report containing an evaluation of the system of personnel classification used by RFE/RL, Incorporated, with respect to its employees.

    (3) The report submitted by the Office of Personnel Management shall include a comparison of the rates of salary or other compensation and classifications provided to employees of RFE/RL, Incorporated, with the rates of salary or other compensation and classifications of employees of the Voice of America stationed overseas in comparable positions and shall identify any disparities and steps which should be taken to eliminate such disparities.

SEC. 310. TRANSITION.

    (a) AUTHORIZATION- (1) The President is authorized to direct the transfer of all functions and authorities from the Board for International Broadcasting to the United States Information Agency, the Board, or the Bureau as may be necessary to implement this title.

    (2)(A) Not later than 120 days after the date of enactment of this Act, the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting shall jointly prepare and submit to the President for approval and implementation a plan to implement the provisions of this title. Such report shall include at a minimum a detailed cost analysis to implement fully the recommendations of such plan. Additionally, such plan shall identify all costs in excess of those authorized for such purposes and shall provide that any excess cost to implement such plan shall be derived only from funds authorized in title II, part A, section 201(a)(1) of this Act.

    (B) The President shall transmit copies of the approved plan, together with any recommendations for legislative changes that may be necessary, to the appropriate congressional committees.

    (b) NEW APPOINTEES- The Director of the United States Information Agency may assign employees of the Agency for service with RFE/RL, Incorporated, with the concurrence of the president of RFE/RL, Incorporated. Such assignment shall not affect the rights and benefits of such personnel as employees of the United States Information Agency.

    (c) BOARD FOR INTERNATIONAL BROADCASTING PERSONNEL- All Board for International Broadcasting full-time United States Government personnel (except special Government employees) and part-time United States Government personnel holding permanent positions shall be transferred to the United States Information Agency, the Board, or the Bureau. Such transfer shall not cause any such employee to be separated or reduced in grade or compensation.

    (d) OTHER AUTHORITIES- The Director of the United States Information Agency is authorized to utilize the provisions of titles VIII and IX of the United States Information and Educational Exchange Act of 1948, and any other authority available to the Director on the date of enactment of this Act, to the extent that the Director deems necessary in carrying out the provisions and purposes of this title.

    (e) REPEAL- The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30, 1995, or the earliest date by which all members of the Board are appointed, whichever is later.

    (f) SAVINGS PROVISIONS-

      (1) CONTINUING EFFECT OF LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions--

        (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title; and

        (B) which 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 Director of the United States Information Agency or other authorized official, a court of competent jurisdiction, or by operation of law.

      (2) PROCEEDINGS NOT AFFECTED- The provisions of this title shall not affect any proceedings pending before the Board for International Broadcasting at the time this title takes effect, with respect to functions transferred by this title, but such proceedings shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted.

      (3) SUITS NOT AFFECTED- The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted.

      (4) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Board for International Broadcasting or by or against any individual in the official capacity of such individual as an officer of the Board for International Broadcasting shall abate by reason of the enactment of this title.

      (5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS- Any administrative action relating to the preparation or promulgation of a regulation by the Board for International Broadcasting relating to a function transferred under this title may be continued by the United States Information Agency with the same effect as if this title had not been enacted.

      (6) REFERENCES- A reference in any provision of law, reorganization plan, or other authority to the Associate Director for Broadcasting of the United States Information Agency shall be considered to be a reference to the Director of the International Broadcasting Bureau of the United States Information Agency.

      (7) EFFECT ON OTHER LAWS- The provisions of, and authorities contained in or transferred pursuant to, this title are not intended to repeal, limit, or otherwise derogate from the authorities or functions of or available to the Director of the United States Information Agency or the Secretary of State under law, reorganization plan, or otherwise, unless such provision hereof--

        (A) specifically refers to the provision of law or authority existing on the effective date of this title, so affected; or

        (B) is in direct conflict with such law or authority existing on the effective date of this title.

SEC. 311. PRESERVATION OF AMERICAN JOBS.

    It is the sense of the Congress that the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting should, in developing the plan for consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent with the purposes of the consolidation, elimination of any United States-based positions and should affirmatively seek to transfer as many positions as possible to the United States.

SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIBERTY.

    (a) DECLARATION OF POLICY- It is the sense of the Congress that, in furtherance of the objectives of section 302 of this Act, the funding of Radio Free Europe and Radio Liberty should be assumed by the private sector not later than December 31, 1999, and that the funding of Radio Free Europe and Radio Liberty Research Institute should be assumed by the private sector at the earliest possible time.

    (b) PRESIDENTIAL SUBMISSION- The President shall submit with his annual budget submission for the International Broadcasting Bureau established by section 306 of this Act an analysis and recommendations for achieving the objectives of subsection (a).

    (c) REPORTS ON TRANSFER OF RFE/RL RESEARCH INSTITUTE- No later than 120 days after the date of enactment of this Act, the Board for International Broadcasting, or the Board, if established, shall submit to the appropriate congressional committees a report on the steps being taken to transfer RFE/RL Research Institute pursuant to subsection (a) and shall provide periodic progress reports on such efforts until such transfer has been achieved.

SEC. 313. DEFINITIONS.

    For the purposes of this title--

      (1) the term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives;

      (2) the term ‘Director’ means the Director of the International Broadcasting Bureau, acting through the Office of Surrogate Broadcasting;

      (3) the term ‘RFE/RL, Incorporated’ includes--

        (A) the corporation having the corporate title described in section 307(b)(3); and

        (B) any alternative grantee described in section 307(e).

      (4) the term ‘salary or other compensation’ includes any deferred compensation or pension payments, any payments for expenses for which the recipient is not obligated to itemize, and any payments for personnel services provided to an employee of RFE/RL, Incorporated.

TITLE IV--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

SEC. 401. SHORT TITLE.

    This title may be cited as the ‘Protection and Reduction of Government Secrecy Act’.

SEC. 402. PURPOSE.

    It is the purpose of this title to establish for a two year period a Commission on Protecting and Reducing Government Secrecy which will examine the implications of the extensive classification of information and to make recommendations to reduce the volume of information classified and to thereby strengthen the protection of legitimately classified information.

SEC. 403. FINDINGS.

    The Congress makes the following findings:

      (1) During the Cold War an extensive secrecy system developed which limited the public’s access to information and reduced the ability of the public to participate with full knowledge in the process of governmental decision-making;

      (2) In 1992 alone 6,349,532 documents were classified and approximately three million persons held some form of security clearance;

      (3) The burden of managing more than 6 million newly classified documents every year has led to tremendous administrative expense, reduced communication within the government and within the scientific community, reduced communication between the government and the people of the United States, and the selective and unauthorized public disclosure of classified information;

      (4) It has been estimated that private industries spend over $14 billion per year implementing government mandated regulations for protecting classified information;

      (5) If a smaller amount of truly sensitive information was classified the information could be held more securely;

      (6) In 1970 a Task Force organized by the Defense Science Board and headed by Dr. Frederick Seitz concluded that ‘more might be gained than lost if our Nation were to adopt--unilaterally, if necessary--a policy of complete openness in all areas of information;’ and

      (7) A bipartisan study commission specially constituted for the purpose of examining the consequences of the secrecy system will be able to offer comprehensive proposals for reform.

SEC. 404. FUNCTIONS OF THE COMMISSION.

    The functions of the Commission shall be--

      (1) to conduct, for not more than a period of 2 years, an investigation into all matters in any way related to any legislation, executive order, regulation, practice, or procedure relating to the access to or the classification of information or involving security clearances; and

      (2) to make such recommendations concerning the classification of national security information as the Commission shall deem necessary, including proposing new legislation.

SEC. 405. COMPOSITION OF THE COMMISSION.

    (a) ESTABLISHMENT- To carry out the purposes of this title, there is established a Commission on Protecting and Reducing Government Secrecy (in this title referred to as the ‘Commission’).

    (b) COMPOSITION- The Commission shall be composed of twelve members, as follows:

      (1) Four members appointed by the President, two from the executive branch of the Government and two from private life.

      (2) Four members appointed by the President of the Senate, two from Members of the Senate (one from each of the two major political parties) and two from private life.

      (3) Four members appointed by the Speaker of the House of Representatives, two from Members of the House of Representatives (one from each of the two major political parties) and two from private life.

    (c) CHAIRMAN AND VICE CHAIRMAN- The Commission shall elect a Chairman and a Vice Chairman from among its members.

    (d) QUORUM; VACANCIES- Seven members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

    (e) COMPENSATION AND TRAVEL EXPENSES- (1) Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.

    (2) Members of the Commission who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission.

    (3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.

SEC. 406. POWERS OF THE COMMISSION.

    (a) IN GENERAL- The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, of any such subcommittee, or any designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.

    (b) COOPERATION WITH OTHER AGENCIES- The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman.

SEC. 407. STAFF OF THE COMMISSION.

    (a) IN GENERAL- The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

    (b) CONSULTANT SERVICES- The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

SEC. 408. FINAL REPORT OF COMMISSION; TERMINATION.

    (a) FINAL REPORT- Not later than two years after the date of enactment of this title, the Commission shall submit to the President and to the Congress its final report and recommendations.

    (b) TERMINATION- The Commission, and all the authorities of this title, shall terminate two years after the date of enactment of this Act, or upon the submission of the final report and recommendations in accordance with subsection (a), whichever comes first.

TITLE V--SPOILS OF WAR ACT OF 1993

SEC. 501. SHORT TITLE.

    This title may be cited as the ‘Spoils of War Act of 1993’.

SEC. 502. TRANSFERS OF SPOILS OF WAR.

    (a) ELIGIBILITY FOR TRANSFER- Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.

    (b) TERMS AND CONDITIONS- Any transfer pursuant to subsection (a) shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States.

SEC. 503. PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT TERRORISM.

    Spoils of war in the possession, custody, or control of the United States may not be transferred to any country determined by the Secretary of State, for purposes of section 40 of the Arms Export Control Act, to be a nation whose government has repeatedly provided support for acts of international terrorism.

SEC. 504. REPORT ON PREVIOUS TRANSFERS.

    Not later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before the date of enactment of this Act. Such report shall be submitted in unclassified form to the extent possible.

SEC. 505. DEFINITIONS.

    As used in this title--

      (1) the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, or, where required by law for certain reporting purposes, the Select Committee on Intelligence of the Senate and the Select Committee on Intelligence of the House of Representatives;

      (2) the term ‘enemy’ means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;

      (3) the term ‘person’ means--

        (A) any natural person;

        (B) any corporation, partnership, or other legal entity; and

        (C) any organization, association, or group; and

      (4) the term ‘spoils of war’ means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of war.

SEC. 506. CONSTRUCTION.

    Nothing in this title shall apply to--

      (1) the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;

      (2) the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;

      (3) the destruction of spoils of war by troops in the field;

      (4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or

      (5) minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.

TITLE VI--THE KHMER ROUGE PROSECUTION AND EXCLUSION ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Khmer Rouge Prosecution and Exclusion Act’.

SEC. 602. POLICY.

    The Congress urges the President--

      (1) promptly and actively to assist appropriate organizations to collect relevant data on crimes against humanity committed by the Khmer Rouge in Cambodia between April 17, 1975 and January 7, 1979;

      (2) to carry out paragraph (1) consistent with the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, signed at Paris on October 23, 1991; and

      (3) to promote vigorously the establishment of a national or international criminal tribunal for the prosecution of those accused of genocide in Cambodia.

SEC. 603. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

    (a) ESTABLISHMENT- (1) There is established within the Department of State the Office of Cambodian Genocide Investigation (hereafter in this Act referred to as the ‘Office’).

    (2) The Office shall carry out its operations solely within Cambodia.

    (3) The Secretary of State shall designate an officer or employee of the Department of State to serve as Director of the Office.

    (b) ADMINISTRATION- (1) The Assistant Secretary of State for East Asian and Pacific Affairs (or any successor Assistant Secretary) shall administer the Office.

    (2) The Secretary of State shall make available to the Office such personnel and office space in Cambodia as the Office may require.

    (c) PURPOSE- The purpose of the Office shall be--

      (1) to investigate crimes against humanity committed by national Khmer Rouge leaders in the period beginning on April 17, 1975 and ending January 7, 1979;

      (2) to provide the people of Cambodia with access to documents, records, and other evidence held by the Office as a result of such investigation;

      (3) to submit the relevant data to a national or international penal tribunal that may be convened to formally hear and judge the genocidal acts committed by the Khmer Rouge; and

      (4) to develop the United States proposal for the establishment of an international criminal tribunal for the prosecution of those accused of genocide in Cambodia.

SEC. 604. REPORTING REQUIREMENT.

    (a) IN GENERAL- Beginning 6 months after the date of enactment of this Act, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees--

      (1) that describes the activities of the Office, and sets forth new facts learned about past Khmer Rouge practices, during the preceding 6-month period; and

      (2) that describes the steps the President has taken during the preceding 6-month period to promote human rights, to support efforts to bring to justice the national political and military leadership of the Khmer Rouge, and to prevent the recurrence of human rights abuses in Cambodia through actions--

        (A) which are not related to United Nations activities in Cambodia; and

        (B) which are consistent with Article 15 of the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, signed at Paris on October 23, 1991.

    (b) DEFINITION- For purposes of this section, the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 605. EXCLUSION FROM THE UNITED STATES.

    (a) AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT- Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding at the end thereof the following new paragraph:

      ‘(10)(A) Any alien, who, at any time during the period beginning on April 17, 1975, and ending on January 7, 1979, was a member of the national military or political leadership of the Khmer Rouge, is excluded.

      ‘(B) For purposes of this paragraph, the national military and political leadership of the Khmer Rouge includes, but is not limited to, the following persons: Pol Pot, Khieu Samphan, Son Sen, Ieng Sary, Nuon Chea, Ke Pauk, Mok, Ieng Thirith, and Yun Yat.’.

    (b) POLICY REGARDING ADMISSION TO FOREIGN COUNTRIES- The Congress urges the President to encourage foreign governments similarly to exclude from their countries former and present Khmer Rouge leaders described in section 212(a)(10) of the Immigration and Nationality Act.

TITLE VII--MISCELLANEOUS

SEC. 701. PEACE CORPS.

    There are authorized to be appropriated $219,745,000 for the fiscal year 1994 and $234,745,000 for the fiscal year 1995 to carry out the Peace Corps Act.

SEC. 702. REPORTING REQUIREMENTS ON OCCUPIED TIBET.

    (a) REPORT ON UNITED STATES-TIBET RELATIONS- Because Congress has determined that Tibet is an occupied sovereign country under international law and that its true representatives are the Dalai Lama and the Tibetan Government-in-Exile:

      (1) it is the sense of the Congress that the United States should seek to establish a dialog with the Dalai Lama and the Tibetan Government-in-Exile concerning the situation in Tibet and the future of the Tibetan people and to expand and strengthen United States-Tibet cultural and educational relations, including promoting bilateral exchanges arranged directly with the Tibetan Government-in-Exile; and

      (2) not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State shall transmit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report on the state of United States-Tibetan Government-in-Exile relations and on conditions in Tibet.

    (b) SEPARATE TIBET REPORTS- (1) Whenever a report is transmitted to the Congress on a country-by-country basis there shall be included in such report, where applicable, a separate report on Tibet listed alphabetically with its own state heading.

    (2) The reports referred to in paragraph (1) include, but are not limited to, reports transmitted under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (relating to human rights).

SEC. 703. POLICY ON MIDDLE EAST ARMS SALES.

    (a) BOYCOTT OF ISRAEL- Section 322 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138) is amended--

      (1) in paragraph (2), by striking ‘and’ at the end; and

      (2) in paragraph (3)--

        (A) by striking ‘and’ at the end of subparagraph (A);

        (B) by striking the period at the end of subparagraph (B) and inserting ‘; and’; and

        (C) by adding at the end the following new subparagraph:

        ‘(C) does not participate in the Arab League primary or secondary boycott of Israel.’.

    (b) REPORT TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report concerning steps taken to ensure that the goals of section 322 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138) are being met.

SEC. 704. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) OFFENSE- Chapter 113A of title 18, United States Code, is amended by adding at the end the following new section:

‘SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    ‘Whoever, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339A of this title or section 902(i) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i)), or in preparation for, or carrying out, the concealment or an escape from the commission of any of the foregoing, shall be fined under this title, imprisoned not more than 10 years, or both. For purposes of this section, the term ‘material support or resources’ includes currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly involved in such violations.’.

    (b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113A of title 18, United States Code, as amended by section 601(b)(1), is amended by adding at the end the following new item:

      ‘2339. Providing material support to terrorists.’.

SEC. 705. TORTURE CONVENTION IMPLEMENTATION.

    (a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter:

‘CHAPTER 113B--TORTURE

‘Sec.

      ‘2340. Definitions.

      ‘2340A. Torture.

      ‘2340B. Exclusive remedies.

‘SEC. 2340. DEFINITIONS.

    ‘As used in this chapter--

      ‘(1) ‘torture’ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person with custody or physical control;

      ‘(2) ‘severe mental pain or suffering’ means the prolonged mental harm caused by or resulting from--

        ‘(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

        ‘(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

        ‘(C) the threat of imminent death; or

        ‘(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

      ‘(3) ‘United States’ includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).

‘SEC. 2340A. TORTURE.

    ‘(a) OFFENSE- Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be imprisoned for any term of years or for life.

    ‘(b) JURISDICTION- There is jurisdiction over the activity prohibited in subsection (a) if--

      ‘(1) the alleged offender is a national of the United States; or

      ‘(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

‘SEC. 2340B. EXCLUSIVE REMEDIES.

    ‘Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.’.

    (b) TECHNICAL AMENDMENT- The part analysis for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 113A the following new item:

2340.’.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on the later of--

      (1) the date of enactment of this Act; or

      (2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

SEC. 706. APPLICABILITY OF TAIWAN RELATIONS ACT.

    Section 3 of the Taiwan Relations Act (22 U.S.C. 3301) is amended by adding at the end the following new subsection:

    ‘(d) The provisions of subsections (a) and (b) of this section shall supersede any provision of the August 17, 1982, Joint United States-China Communique related to these matters and regulations, directives, and policies based thereon.’.

SEC. 707. REPORTS ON RELATIONS WITH TAIWAN.

    Section 12 of the Taiwan Relations Act (22 U.S.C. 3311(d)) is amended by adding at the end the following new subsection:

    ‘(d) Beginning February 1, 1994, and on February 1 of each year thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing and reviewing economic relations between the United States and Taiwan.’.

SEC. 708. UNITED STATES POLICY CONCERNING IRAQI KURDISTAN.

    (a) FINDINGS- The Congress finds that--

      (1) the international community, pursuant to United Nations Security Council Resolution 688, and with the continuation of Operation Provide Comfort, supports the protection of Iraqi’s Kurdish and other ethnic and religious minorities;

      (2) notwithstanding the international community’s resolve, certain areas of Iraqi Kurdistan remain at risk of an Iraqi invasion;

      (3) despite the threat of an Iraqi invasion, the Kurds, along with other minority ethnic and religious groups, have initiated a drive toward self-sufficiency, including--

        (A) holding free and fair democratic elections to establish a parliament, which supports Iraq’s territorial integrity and the transition to a unified, democratic Iraq;

        (B) planning for and administering public services;

        (C) reconstructing and rehabilitating the basic infrastructure of Iraqi Kurdistan; and

        (D) establishing unified police and security forces;

      (4) despite the provision of substantial international humanitarian assistance, and despite the fact that the United Nations blockade on Iraq contains exceptions for humanitarian-related items, the inhabitants of Iraqi Kurdistan still face difficulties because of an internal Iraqi government blockade; and

      (5) the Kurds and other ethnic and religious minorities, with appropriate additional support, would have the ability to meet their goal of self-sufficiency and move beyond the need for international assistance.

    (b) POLICY- It is the sense of the Congress that the President should--

      (1) take steps to encourage the United Nations Security Council--

        (A) to reaffirm support for the protection of all Iraqi Kurdish and other minorities in Iraqi Kurdistan pursuant to Security Council Resolution 688; and

        (B) to consider lifting selectively the United Nations embargo on the areas under the administration of the democratically elected leadership of Iraqi Kurdistan, subject to the verifiable conditions that--

          (i) the inhabitants of such areas do not conduct trade with the Iraqi regime; and

          (ii) the partial lifting of the embargo will not materially assist the Iraqi regime;

      (2) continue to advocate the transition to a unified, democratic Iraq;

      (3) take steps to design a multilateral assistance program for the people of Iraqi Kurdistan that supports their efforts to attain self-sufficiency through the provision of--

        (A) financial and technical assistance through the democratically elected Kurdish administration to enable the exploitation of natural resources such as oil; and

        (B) financial assistance to support the legitimate self-defense and security needs of the people of Iraqi Kurdistan; and

      (4) take steps to intensify discussions with the Government of Turkey, whose support and cooperation in the protection of the people of Iraqi Kurdistan is critical, to ensure that the stability of both Turkey and the entire region is enhanced by the measures taken under this section.

SEC. 709. ADDITIONAL SANCTIONS AGAINST NORTH KOREA.

    (a) IN GENERAL- Notwithstanding any other provision of law, no license, instruction, rule, regulation, or order issued under section 5 of the Trading With the Enemy Act of 1917 (50 U.S.C. App. 5) may--

      (1) authorize any transaction involving the commercial sale of any good or technology to North Korea; or

      (2) authorize any transaction involving the provision of services for travel to North Korea which was not otherwise authorized as of January 2, 1989.

    (b) WAIVER- The President may waive the application of subsection (a) if the President determines that such a waiver would serve the national interest.

SEC. 710. WAIVER OF SANCTIONS WITH RESPECT TO THE REPUBLIC OF SERBIA AND THE REPUBLIC OF MONTENEGRO TO PROMOTE DEMOCRACY ABROAD.

    (a) AUTHORITY- Notwithstanding any other provision of law, the President is authorized and encouraged to exempt from sanctions imposed against the Republic of Serbia and the Republic of Montenegro those United States-supported programs, projects, or activities involving reform of the electoral process, or the development of democratic institutions or democratic political parties, in these two countries.

    (b) POLICY- The President, acting through the United States Permanent Representative to the United Nations, should propose that any action, past or future, by the Security Council pursuant to Article 41 of the United Nations Charter, with respect to the Republic of Serbia or the Republic of Montenegro, should take account of the exemption described in subsection (a).

SEC. 711. CLAIMS BASED ON LETTERS OF CREDIT FOR GOODS SHIPPED BUT NOT PAID FOR BEFORE IMPOSITION OF NATIONAL EMERGENCY.

    Title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is amended by adding at the end the following new section:

    ‘SEC. 10. Notwithstanding any other provision of law, funds on deposit in United States banks that have been blocked under the International Emergency Economic Powers Act in accounts of foreign banks that issued or confirmed letters of credit for the benefit of United States nationals may be released to pay such letters of credit if the United States beneficiaries lawfully shipped goods or otherwise performed underlying contractual obligations based on such letters of credit before the declaration of a national emergency pursuant to that Act.’.

SEC. 712. ENFORCEMENT OF NONPROLIFERATION TREATIES.

    (a) POLICY- It is the sense of the Congress that the President should instruct the United States Permanent Representative to the United Nations to enhance the role of that institution in the enforcement of nonproliferation treaties through the passage of a United Nations Security Council resolution which would state that, any non-nuclear weapon state that is found by the United Nations Security Council, in consultation with the International Atomic Energy Agency (IAEA), to have terminated, abrogated, or materially violated an IAEA full-scope safeguards agreement would be subjected to international economic sanctions, the scope of which to be determined by the United Nations Security Council.

    (b) PROHIBITION- Notwithstanding any other provision of law, no United States assistance, under the Foreign Assistance Act of 1961 shall be provided to any non-nuclear weapon state that is found by the President to have terminated, abrogated, or materially violated an IAEA full-scope safeguard agreement or materially violated a bilateral United States nuclear cooperation agreement entered into after the date of enactment of the Nuclear Non-Proliferation Act of 1978.

SEC. 713. SENSE OF SENATE ON THE PEACE PROCESS IN NORTHERN IRELAND.

    (a) FINDINGS- The Senate makes the following findings:

      (1) The people of Northern Ireland, Ireland, and Great Britain earnestly seek a peaceful end to a conflict in the North of Ireland which has caused more than 3,000 deaths since 1969.

      (2) The people of the United States, many of whom share a common ancestry and cultural roots with the people of Northern Ireland, Ireland, and Great Britain, are deeply concerned about the continuing conflict and desire to facilitate an early resolution to the conflict.

      (3) In 1993, John Hume, head of the Social Democratic and Labour Party and Gerry Adams, President of Sinn Fein, conducted talks on the conflict.

      (4) These talks were a significant contribution to a climate encouraging peace in the North of Ireland.

      (5) The Government of the United Kingdom and the Government of Ireland have held talks on Northern Ireland culminating in the Joint Declaration issued by the two governments on December 15, which declaration offers a framework for lasting peace in the region.

    (b) SENSE OF SENATE- It is the sense of the Senate that the United States should strongly encourage all parties to the conflict in the North of Ireland to renounce violence and to participate in the current search for peace in the region.

SEC. 714. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.

    Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended by adding at the end the following new paragraphs:

    ‘(5) Upon the request of the chairman or ranking minority member of the Committee on Foreign Relations or the Committee on Banking, Housing and Urban Affairs of the Senate or the Committee on Foreign Affairs or the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the President shall include in the notification required by paragraph (2)--

      ‘(A) a detailed description of the goods or services to be offered, including a brief description of the capabilities of any article for which a license to export is sought;

      ‘(B) an evaluation, prepared by the Director of the Arms Control and Disarmament Agency, in consultation with the Secretary of State and the Secretary of Defense, of the manner, if any, in which the proposed export would--

        ‘(i) contribute to an arms race;

        ‘(ii) support international terrorism;

        ‘(iii) increase the possibility of an outbreak or escalation of conflict;

        ‘(iv) prejudice the negotiation of any arms controls; or

        ‘(v) adversely affect the arms control policy of the United States;

      ‘(C) the reasons why the foreign country or international organization to which the export or transfer is proposed to be made needs the goods or services which are the subject of such export or transfer and a description of the manner in which such country or organization intends to use such articles, services, or design and construction services;

      ‘(D) the reasons why the proposed export or transfer is in the national interest of the United States;

      ‘(E) an analysis by the President of the impact of the proposed export or transfer on the military capabilities of the foreign country or international organization to which such export or transfer would be made;

      ‘(F) an analysis by the President of the manner in which the proposed export would affect the relative military strengths of countries in the region to which the goods or services which are the subject of such export would be delivered and whether other countries in the region have comparable kinds and amounts of articles, services, or design and construction services;

      ‘(G) an analysis of the impact of the proposed export or transfer on the United States relations with the countries in the region to which the goods or services which are the subject of such export would be delivered;

      ‘(H) the projected delivery dates of the goods or services to be offered; and

      ‘(I) a detailed description of weapons and levels of munitions that may be required as support for the proposed export.

    ‘(6) If the Congress within 30 calendar days after receiving a notification under paragraph (2) enacts a joint resolution prohibiting the proposed export, then no license may be issued, unless the President states in his notification that an emergency exists which requires such export in the national security interest of the United States. If the President so states that an emergency exists, he shall set forth in the notification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the license and a discussion of the national security interest involved.

    ‘(7)(A) Any joint resolution under this subsection 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.

    ‘(B) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

    ‘(8) For purposes of this section, the terms ‘export’ and ‘transfer’ shall include any reexport, third party transfer or other consignment of United States-origin goods or services.’.

SEC. 715. REPORTS UNDER THE ARMS EXPORT CONTROL ACT.

    (a) QUARTERLY REPORTS- Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--

      (1) by striking ‘and’ at the end of paragraph (10);

      (2) by striking the period at the end of paragraph (11) and inserting ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(12) a listing of all offset agreements proposed to be entered into in connection with the sale of any defense article or defense service.’.

    (b) NUMBERED CERTIFICATIONS WITH RESPECT TO GOVERNMENT-TO-GOVERNMENT SALES- Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended after the second sentence by inserting the following new sentence: ‘Each such numbered certification shall contain a description of any offset agreement proposed to be entered into in connection with such letter of offer to sell.’.

    (c) NUMBERED CERTIFICATIONS WITH RESPECT TO COMMERCIAL EXPORTS- Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended after the first sentence by inserting the following new sentence: ‘Each such numbered certification shall also contain a description of any offset agreement proposed to be entered into in connection with such export.’.

    (d) DEFINITIONS- Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following:

    ‘(e) For purposes of this section--

      ‘(1) the term ‘offset agreement’ means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense service from the supplier; and

      ‘(2) the term ‘United States person’ means--

        ‘(A) an individual who is a national or permanent resident alien of the United States;

        ‘(B) any corporation, business association, partnership, trust, or other juridical entity--

          ‘(i) organized under the laws of the United States or any State, district, territory, or possession thereof; or

          ‘(ii) owned or controlled in fact by individuals described in subparagraph (A); and

        ‘(C) the United States Government or any agency or instrumentality thereof.’.

SEC. 716. PROHIBITION ON THIRD PARTY INCENTIVE PAYMENTS UNDER THE ARMS EXPORT CONTROL ACT.

    Section 39 of the Arms Export Control Act (22 U.S.C. 2779) is amended by adding at the end the following new subsection:

    ‘(e)(1) No sale may be made, no credits may be extended, no guarantees may be issued, and no licenses may be approved under this Act with respect to the sale of any defense article or defense service to a foreign country unless the United States supplier of such articles or services first certifies that neither the supplier nor any employee, agent, or subcontractor thereof will make any third-party incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with that country.

    ‘(2) For purposes of this subsection--

      ‘(A) the term ‘offset agreement’ means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier;

      ‘(B) the term ‘third-party incentive payments’ means cash incentives, fees, or compensation of any kind made by a United States supplier of defense articles or defense services or by any employee, agent, or subcontractor thereof to any other United States person to induce that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or services; and

      ‘(C) the term ‘United States person’ means--

        ‘(i) an individual who is a national or permanent resident alien of the United States;

        ‘(ii) any corporation, business association, partnership, trust, or other juridical entity--

          ‘(I) organized under the laws of the United States or any State, district, territory, or possession thereof; or

          ‘(II) owned or controlled in fact by individuals described in subparagraph (A); and

        ‘(iii) the United States Government or any agency or instrumentality thereof.’.

SEC. 717. SENSE OF SENATE ON UNITED STATES POLICY ON NUCLEAR WEAPONS PROLIFERATION BY NORTH KOREA.

    (a) FINDINGS- The Senate makes the following findings:

      (1) North Korea is a signatory to the Treaty on the Non-Proliferation of Nuclear Weapons.

      (2) The International Atomic Energy Agency is charged with ensuring that signatories to that treaty meet their obligations under the treaty.

      (3) The agency fulfills that mission principally by inspections of nuclear facilities and by other legitimate means necessary to ensure that signatories are in compliance with the terms and obligations of the treaty.

      (4) North Korea is the location of seven declared nuclear sites whose inspection is provided for under the terms of the treaty.

      (5) The International Atomic Energy Agency suspects that North Korea is also the site of at least two additional undeclared nuclear sites at which liquid and solid nuclear waste is being stored.

      (6) Inspection of the undeclared nuclear sites is necessary to ensure the compliance of North Korea with the terms of the treaty.

      (7) The Government of North Korea is attempting to place significant restrictions on inspections of its declared nuclear sites and is refusing any inspections of its undeclared nuclear sites.

      (8) The national security interests of the United States require the curtailment of the proliferation of weapons of mass destruction, particularly nuclear weapons.

      (9) To ensure advancement of the goal of nuclear nonproliferation, a signatory to the Treaty on the Non-Proliferation of Nuclear Weapons must permit inspections of its facilities and comply with any other legitimate requests of the International Atomic Energy Agency that are necessary to ensure that the country is in compliance with the terms and obligations of the treaty.

    (b) SENSE OF SENATE- It is the sense of the Senate that--

      (1) the President should not engage in negotiations connected with normalization of relations with the Government of North Korea until that government meets its full obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, including any inspection of nuclear sites located in North Korea sufficient to ensure the full compliance by the Government of North Korea with the terms and obligations of the treaty; and

      (2) the President undertake such diplomatic activity with respect to the People’s Republic of China as is appropriate to enlist the assistance of that country in gaining the compliance of the Government of North Korea with its obligations under the treaty.

    (c) DEFINITION- In this section, the term ‘normalization of relations’ means the following:

      (1) Disbanding the United Nations Forces Command and withdrawing United States troops from the Republic of Korea.

      (2) Lifting restrictions on trade with and investment in North Korea that are imposed pursuant to United States law on trade with hostile states.

      (3) Expanding economic cooperation with North Korea.

      (4) Assisting the entry of the North Korea Government into international organizations relating to economic activity.

      (5) Granting the diplomatic recognition of the United States to the Government of North Korea.

SEC. 718. SENSE OF SENATE ON NORMALIZATION OF RELATIONS WITH VIETNAM.

    It is the sense of the Senate that--

      (1) the Government of the United States is committed to seeking the fullest possible accounting of American servicemen unaccounted for during the war in Vietnam;

      (2) cooperation by the Government of Vietnam on resolving the fate of those American servicemen unaccounted for has increased significantly over the last three years and is essential to the resolution of outstanding POW/MIA cases;

      (3) substantial and tangible progress has been made in the POW/MIA accounting process;

      (4) cooperative efforts between the United States and Vietnam should continue in order to resolve all outstanding questions concerning the fate of Americans missing-in-action;

      (5) United States senior military commanders and United States personnel working in the field to account for United States POW/MIAs in Vietnam believe that lifting the United States trade embargo against Vietnam will facilitate and accelerate the accounting efforts;

      (6) therefore, in order to maintain and expand further United States and Vietnamese efforts to obtain the fullest possible accounting, the President should lift the United States trade embargo against Vietnam expeditiously; and

      (7) moveover, as the United States and Vietnam move toward normalization of relations, the Government of Vietnam should demonstrate further improvements in meeting internationally recognized standards of human rights.

SEC. 719. STUDY OF DEMOCRACY PROGRAM EFFECTIVENESS.

    (a) FINDINGS- The Congress finds that--

      (1) the National Endowment for Democracy will fund $35,000,000 in democracy development programs overseas in fiscal year 1994;

      (2) the Agency for International Development will fund approximately $400,000,000 worth of democracy development programs overseas in fiscal year 1994;

      (3) it is in the interest of the United States to have a coordinated approach to the funding of international democracy programs supported by United States Government funds;

      (4) both the Agency for International Development and the National Endowment for Democracy have funded overlapping programs in the same country; and

      (5) the recent study of the independent Board for International Broadcasting and the United States Information Agency’s Voice of America yielded a plan for a new, more cost-effective structure for United States Government-sponsored broadcasting that reduces cost and increases coordination.

    (b) REPORT- (1) Not later than 60 days after the date of enactment of this Act, the President shall establish a commission for the purpose of conducting a study of United States Government-funded democracy support activities, including activities funded through the National Endowment for Democracy and the Agency for International Development. Such commission shall submit a report to the President and to the appropriate committees of the Congress on a streamlined, cost-effective organization of United States democracy assistance.

    (2) The report shall include--

      (A) a review of all United States-sponsored democracy programs and identification of those programs that are overlapping;

      (B) a clear statement of achievable goals and objectives for all United States-sponsored democracy programs, and an evaluation of the manner in which current democracy activities meet these goals and objectives;

      (C) a review of the current United States Government organization for the delivery of democracy assistance and recommended changes to reduce cost and streamline overhead involved in the delivery of democracy assistance; and

      (D) a review of all agencies involved in delivering United States Government funds in the form of democracy assistance and a recommended focal point or lead agency within the United States Government for overall coordination and consolidation of the effort.

    (3) The report required by paragraph (1) shall be submitted not later than 180 days after the commission is established.

SEC. 720. HIGH-LEVEL VISITS TO TAIWAN.

    It is the sense of the Congress that--

      (a) The President should be commended for his meeting with Taiwan’s Minister of Economic Affairs during the Asia-Pacific Economic Cooperation Conference in Seattle;

      (b) The President should send Cabinet-level appointees to Taiwan to promote American interests and to ensure the continued success of United States business in Taiwan;

      (c) In addition to Cabinet-level visits, the President should take steps to show clear United States support for Taiwan both in our bilateral relationship and in multilateral organizations of which the United States is a member.

SEC. 721. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN SKIES TREATY DATA.

    (a) IN GENERAL- Data collected by sensors during observation flights conducted in connection with the Treaty on Open Skies, including flights conducted prior to entry into force of the Treaty, shall be exempt from disclosure under the Freedom of Information Act or any other Act--

      (1) in the case of data with respect to a foreign country--

        (A) if the country has not disclosed the data to the public; and

        (B) if the country has not, acting through the Open Skies Consultative Commission or any other diplomatic channel, authorized the United States to disclose the data to the public; or

      (2) in the case of data with respect to the United States, if disclosure of such data could be reasonably expected to cause substantial harm to the national defense as determined by the Secretary of Defense or to the foreign relations of the United States as determined by the Secretary of State.

    (b) EXTENSION OF WITHHOLDING OF CERTAIN DATA- (1) For purposes of subsection (a)(2), data held for a period of 5 years from the date of collection shall be deemed not to cause substantial harm to the national defense or foreign relations of the United States and shall be released unless the head of the agency that made the initial determination determines otherwise, in which case the data may be withheld for an additional period or periods of 5 years each.

    (2) In no case may data be withheld under this subsection for more than 10 years from the date of collection.

    (3) Determinations under this subsection may not be delegated.

    (c) STATUTORY CONSTRUCTION- This section constitutes a specific exemption within the meaning of section 552(b)(3) of title 5, United States Code.

    (d) DEFINITIONS- For the purposes of this section--

      (1) the term ‘Freedom of Information Act’ means the provisions of section 552 of title 5, United States Code;

      (2) the term ‘Open Skies Consultative Commission’ means the commission established pursuant to Article X of the Treaty on Open Skies; and

      (3) the term ‘Treaty on Open Skies’ means the Treaty on Open Skies, signed at Helsinki on March 24, 1992.

SEC. 722. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN THE WAR RESERVE ALLIES STOCKPILE TO THE REPUBLIC OF KOREA.

    (a) AUTHORITY- (1) Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the Secretary of Defense is authorized to transfer to the Republic of Korea, in return for concessions to be negotiated by the Secretary, any or all of the items described in paragraph (2).

    (2) The items referred to in paragraph (1) are equipment, tanks, weapons, repair parts, and ammunition that--

      (A) are obsolete or surplus items;

      (B) are in the inventory of the Department of Defense;

      (C) are intended for use as reserve stocks for the Republic of Korea; and

      (D) as of the date of enactment of this Act, are located in a stockpile in the Republic of Korea.

    (b) CONCESSIONS- The value of the concessions negotiated by the Secretary of Defense shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States, and other items of value.

    (c) ADVANCE NOTIFICATION OF TRANSFER- Not less than 30 days before making a transfer under the authority of this section, the Secretary of Defense shall transmit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the congressional defense committees a notification of the proposed transfer. The notification shall identify the items to be transferred and the concessions to be received.

    (d) EXPIRATION OF AUTHORITY- No transfer may be made under the authority of this section more than two years after the date of the enactment of this Act.

SEC. 723. PILOT VISA WAIVER PROJECT FOR KOREANS VISITING ALASKA AND HAWAII.

    (a) CONGRESSIONAL FINDINGS- The Congress finds that--

      (1) travel and tourism play a major role in reducing the United States unfavorable balance of trade;

      (2) the characteristics of the Korean travel market do not permit long-term planning for longer trips;

      (3) applications for United States visas cannot now be processed in a reasonable period of time;

      (4) the United States Department of State has directed reductions in staff at the United States Embassy in Seoul, which promise to further expand the time necessary for potential Korean travelers to obtain a United States visa;

      (5) most of the nations of the South Pacific and Europe do not currently require Koreans entering their countries to have a visa, thus providing them with a serious competitive advantage;

      (6) the United States territory of Guam has been permitted by the United States Government to eliminate visa requirements for Koreans visiting Guam, with resultant impressive increases in travel and tourism from the Republic of Korea;

      (7) the existing procedures to add any nation, including the Republic of Korea, to the group of favored nations exempted from United States visa regulations, would require many years during which time the United States could well lose its competitive advantages in attracting travel and tourism from the Republic of Korea; and

      (8) the Republic of Korea as a gesture of goodwill has already unilaterally released United States travelers to the Republic of Korea from the necessity of obtaining a visa.

    (b) POLICY- The Secretary of State shall explore the procedures necessary to inaugurate a pilot study project which--

      (1) would be aimed at greatly reducing the time and formalities needed to permit the Republic of Korea to join the other visa-waiver nations of the world; and

      (2) would immediately permit the noncontiguous States of Alaska and Hawaii to join Guam as visa-free destinations for Korean travelers.

    (c) DESCRIPTION OF PILOT PROJECT- A pilot project conducted under subsection (a) should consist of the following elements:

      (1) United States visas would be declared unnecessary for Koreans visiting Alaska or Hawaii.

      (2) At United States Customs passport control stations in Alaska and Hawaii, Koreans would be expected to display their return trip airline ticket, with return to be effected within 2 weeks.

      (3) At the end of 1 year, if immigration violations do not exceed the numbers experienced for Koreans entering other United States gateways, then the Department of State should consider extending visa waivers to all Koreans visiting the United States.

    (d) EFFECTIVE DATE; TERMINATION DATE- A pilot project conducted under subsection (a) should begin not later than May 1, 1994, and should terminate April 30, 1995.

SEC. 724. EUROPEAN NATIONS PARTICIPATION IN NATO.

    (a) The Congress finds that:

      (1) The Warsaw Pact has been disbanded and replaced by governments with legitimate political, economic and security interests;

      (2) It is in the national interests of the United States to preserve European regional stability through the promotion of political and economic freedom and respect for territorial integrity and national sovereignty;

      (3) The North Atlantic Treaty Organization has served and advanced United States and European interests in political stability and collective security for forty-five years;

      (4) The Partnership for Peace is a positive step towards maintaining and furthering that security, a step that gives the nations of the East time to prepare for membership, therefore

    (b) It is the sense of the Senate that:

      (1) European nations which demonstrate both the capability and willingness to support collective defense requirements and established democratic practices including free, fair elections, civilian control of military institutions, respect for territorial integrity and the individual liberties of its citizens, share the goals of the North Atlantic Treaty Organization; and

      (2) The United States should urge prompt admission to NATO for those nations after they have demonstrated such capability and willingness as set forth in paragraph (1).

SEC. 725. POLICY ON TERMINATION OF UNITED STATES ARMS EMBARGO.

    (a) FINDINGS- The Congress makes the following findings:

      (1) On July 10, 1991, the United States adopted a policy suspending all licenses and other approvals to export or otherwise transfer defense articles and defense services to Yugoslavia.

      (2) On September 25, 1991, the United Nations Security Council adopted Resolution 713, which imposed a mandatory international embargo on all deliveries of weapons and military equipment to Yugoslavia.

      (3) The United States considered the policy adopted July 10, 1991, to comply fully with Resolution 713 and therefore took no additional action in response to that resolution.

      (4) On January 8, 1992, the United Nations Security Council adopted Resolution 727, which decided that the mandatory arms embargo imposed by Resolution 713 should apply to any independent states that might thereafter emerge on the territory of Yugoslavia.

      (5) On February 29 and March 1, 1992, the people of Bosnia and Herzegovina voted in a referendum to declare independence from Yugoslavia.

      (6) On April 7, 1992, the United States recognized the Government of Bosnia and Herzegovina.

      (7) On May 22, 1992, the Government of Bosnia and Herzegovina was admitted to full membership in the United Nations.

      (8) Consistent with Resolution 727, the United States has continued to apply the policy adopted July 10, 1991, to independent states that have emerged on the territory of the former Yugoslavia, including Bosnia and Herzegovina.

      (9) Subsequent to the adoption of Resolution 727 and Bosnia and Herzegovina’s independence referendum, the siege of Sarajevo began and fighting spread to other areas of Bosnia and Herzegovina.

      (10) The Government of Serbia intervened directly in the fighting by providing significant military, financial, and political support and direction to Serbian-allied irregular forces in Bosnia and Herzegovina.

      (11) In statements dated May 1 and May 12, 1992, the Conference on Security and Cooperation in Europe declared that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against the Government of Bosnia and Herzegovina and assigned to them prime responsibility for the escalation of bloodshed and destruction.

      (12) On May 30, 1992, the United Nations Security Council adopted Resolution 757, which condemned the Government of Serbia for its continued failure to respect the territorial integrity of Bosnia and Herzegovina.

      (13) Serbian-allied irregular forces have occupied approximately 70 percent of the territory of Bosnia and Herzegovina, committed gross violations of human rights in the areas they have occupied, and established a secessionist government committed to eventual unification with Serbia.

      (14) The military and other support and direction provided to Serbian-allied irregular forces in Bosnia and Herzegovina constitutes an armed attack on the Government of Bosnia and Herzegovina by the Government of Serbia within the meaning of Article 51 of the United Nations Charter.

      (15) Under Article 51, the Government of Bosnia and Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Security Council has taken measures necessary to maintain international peace and security.

      (16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia and Herzegovina have not been adequate to maintain international peace and security.

      (17) Bosnia and Herzegovina has been unable successfully to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained from the Yugoslav National Army upon the dissolution of Yugoslavia, and because the mandatory international arms embargo has prevented Bosnia and Herzegovina from obtaining from other countries the means to counter such heavy weaponry.

      (18) On December 18, 1992, with the affirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia and Herzegovina from the mandatory arms embargo imposed by Resolution 713.

      (19) In the absence of adequate measures to maintain international peace and security, continued application to the Government of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia and Herzegovina undermines that government’s right of individual or collective self-defense and therefore contravenes Article 51 of the United Nations Charter.

      (20) Bosnia and Herzegovina’s right of self-defense under Article 51 of the United Nations Charter includes the right to ask for military assistance from other countries and to receive such assistance if offered.

    (b) POLICY ON TERMINATION OF ARMS EMBARGO- (1) It is the sense of the Senate that the President should terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter.

    (2) As used in this subsection, the term ‘United States arms embargo of the Government of Bosnia and Herzegovina’ means the application to the Government of Bosnia and Herzegovina of--

      (A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under the heading ‘Suspension of Munitions Export Licenses to Yugoslavia’; and

      (B) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia.

    (c) POLICY ON MILITARY ASSISTANCE- The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter.

SEC. 726. POLICY ON PREPARING TO REINTRODUCE OF TACTICAL NUCLEAR WEAPONS TO THE KOREAN PENINSULA.

    (a) FINDINGS- The Congress makes the following findings:

      (1) It was announced by South Korean President Roh Tae Woo on December 18, 1991, that all tactical nuclear weapons had been removed from the Korean peninsula.

      (2) On December 31, 1991, North Korea agreed to a denuclearization agreement with South Korea pledging not to possess, manufacture, or use nuclear weapons, not to possess plutonium reprocessing facilities, and to negotiate the establishment of a nuclear inspection system.

      (3) On January 30, 1992, North Korea signed a nuclear safeguards agreement with the International Atomic Energy Agency (IAEA), allowing for IAEA regular inspections of nuclear facilities designated by North Korea.

      (4) Negotiations between North and South Korea over implementation of the bilateral denuclearization agreement have stalled.

      (5) North Korea stated its intention on March 12, 1993, to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), done on July 1, 1968.

      (6) North Korea said it would ‘suspend as long as it considers necessary’ its withdrawal from the Treaty on June 11, 1993, but continues to refuse to fully comply with Treaty provisions requiring regular inspections of declared nuclear facilities and allowing special inspections of undeclared sites.

      (7) North Korea is the only country to ever formally threaten to withdraw from the Treaty, and effectively remains in a state of noncompliance with the Treaty.

      (8) President Clinton has stated that the United States objective is a Korean peninsula free of nuclear weapons, and reaffirmed the United States security commitment to South Korea during a visit there on July 10-11, 1993.

      (9) On November 7, 1993, President Clinton stated that ‘North Korea cannot be allowed to develop a nuclear bomb.’.

      (10) North Korea has reportedly rejected IAEA inspection procedures of seven declared nuclear sites after agreeing, in principle, with United States officials to allow IAEA investigators to visit each of those sites.

      (11) In a statement issued on January 21, 1994, to IAEA authorities, North Korea reportedly declared that ‘routine or ad hoc’ inspections, otherwise known as regular or special inspections, would not be allowed, and an IAEA spokesman stated that ‘we are not in agreement’ about the inspections.

    (b) POLICY- It is the sense of Congress that if North Korea continues to resist the efforts of the international community to allow the IAEA to conduct regular and special inspections of its declared and undeclared nuclear sites and facilities, and refuses to return to, and fully comply with, the Treaty on the Non-Proliferation of Nuclear Weapons, the President should--

      (1) fully coordinate with United States allies in the region regarding the military posture of North Korea and the ability of the United States to deter any future nuclear attack against South Korea or Japan; and

      (2) in conjunction with United States allies, act to defend United States security interests on the Korean peninsula and enhance the defense capability of United States forces by preparing to reintroduce tactical nuclear weapons in South Korea.

    (c) DEFINITION- For purposes of this section, the term ‘IAEA’ means the International Atomic Energy Agency.

SEC. 727. ASYLUM REFORMS.

    (a) FINDINGS- The Congress finds that--

      (1) in the last decade applications for asylum have greatly exceeded the original 5,000 annual limit provided in the Refugee Act of 1980, with more than 150,000 asylum applications filed in fiscal year 1993, and the backlog of cases growing to the current level of 355,000;

      (2) this flood of asylum claims has swamped the system, creating delays in the processing of applications of up to several years;

      (3) the delay in processing asylum claims due to the overwhelming numbers has contributed to numerous problems, including--

        (A) an abuse of the asylum laws by fraudulent applicants whose primary interest is obtaining work authority in the United States while their claim languishes in the backlogged asylum processing system;

        (B) the growth of alien smuggling operations, often involving organized crime;

        (C) a drain on limited resources resulting from the high cost of processing frivolous asylum claims through our multi-layered system; and

        (D) an erosion of public support for asylum;

      (4) asylum, a safe haven protection for aliens abroad who cannot return home, has been perverted by some aliens who use asylum claims to circumvent our immigration and refugee laws and procedures;

      (5) a comprehensive revision of our asylum law and procedures is required to address these problems.

    (b) POLICY- It is the sense of the Congress that--

      (1) asylum is a process intended to protect certain aliens in the United States who, because of events occurring after their arrival here, cannot safely return home;

      (2) persons outside their country of nationality who have a well-founded fear of persecution if they return should apply for refugee status with the local UNHCR, or other relevant international organization, office or at one of our refugee processing centers abroad, if possible;

      (3) the immigration, refugee and asylum laws of the United States should be reformed to provide--

        (A) a procedure for the expeditious exclusion of asylum applicants who arrive at a port-of-entry with fraudulent documents, or no documents, and make a non-credible claim of asylum; and

        (B) the immigration, refugee, and asylum laws of the United States should be reformed to provide for a streamlined affirmative asylum processing system for asylum applicants who make their application after they have entered the United States.

SEC. 728. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE ACT.

    The PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) is amended--

      (1) in section 804(b), by striking ‘Beginning 30 days after the date of enactment of this Act, and every 120 days thereafter in which the dialogue between the United States and the PLO has not been discontinued’, and inserting in lieu thereof ‘In conjunction with each written policy justification required under section (3)(b)(1) of the Middle East Peace Facilitation Act of 1994 or every 180 days,’;

      (2) in section 804(b)(1), by striking ‘regarding the cessation of terrorism and recognition of Israel’s right to exist’ and inserting in lieu thereof ‘and each of the commitments described in section (4)(A) of the Middle East Peace Facilitation Act of 1994 (Oslo commitments)’;

      (3) in section 804(b)(2), by inserting ‘and Oslo’ after ‘Geneva’;

      (4) by striking paragraphs (3) and (8) of section 804(b);

      (5) by redesignating paragraphs (4), (5), (6), (7), (9), and (10) of section 804(b) as paragraphs (3), (4), (5), (6), (7), and (8), respectively of that section;

      (6) in section 802(8), by inserting ‘and on September 9, 1993’ after ‘1998’;

      (7) in section 802, by redesignating paragraph (8) as paragraph (10);

      (8) by striking ‘and’ at the end of section 802(7); and

      (9) by inserting after section 802(7) the following:

      ‘(8) the President, following an attempted terrorist attack upon a Tel Aviv beach on May 30, 1990, suspended the United States dialogue with the PLO;

      ‘(9) the President resumed the United States dialogue with the PLO in response to the commitments made by the PLO in letters to the Prime Minister of Israel and the Foreign Minister of Norway of September 9, 1993; and’.

SEC. 729. SAFETY OF UNITED STATES PERSONNEL IN SARAJEVO.

    (a) FINDINGS- The Congress finds that--

      (1) the United States has recognized and established diplomatic relations with the Government of Bosnia-Hercegovina;

      (2) the United States Ambassador to Bosnia-Hercegovina does not have any secure permanent or semipermanent facilities to conduct United States diplomatic activities in Sarajevo;

      (3) the protracted conflict in Bosnia-Hercegovina creates serious physical risks to United States diplomatic personnel serving there;

      (4) the United States Ambassador to Bosnia-Hercegovina resides and carries out his duties from Vienna, Austria; and

      (5) an increased and more secure United States diplomatic presence in Sarajevo would enhance United States interests in Bosnia-Hercegovina.

    (b) POLICY- (1) It is, therefore, the sense of the Senate that the Secretary of State should immediately take steps to increase the presence of United States diplomatic personnel in Sarajevo, Bosnia-Hercegovina consistent with the objectives of ensuring their physical safety.

    (2) Such steps should include secure facilities, communication capability, ground transportation and other capabilities, as appropriate, to enable United States diplomatic personnel to conduct regular official United States diplomatic activities in Sarajevo.

    (c) REPORT- The Secretary of State shall report to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations on the steps taken to enhance the security and safety of United States diplomatic personnel not later than 30 days after the date of enactment of this Act.

SEC. 730. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLVING THE MTCR.

    (a) EXPORT IN SUPPORT OF SPACE LAUNCH VEHICLE (SLV) PROGRAMS- At least 30 days before the export of any item controlled pursuant to United States obligations under the Missile Technology Control Regime and intended to support the design, development, or production of a Category I system, as defined in the MTCR Annex, to be utilized for the launch of satellites into space, the President shall transmit to Congress a report describing the proposed export and the rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. The President may waive the 30-day waiting period in any case in which the President certifies in the report that the national security interests of the United States necessitate immediate approval of the export or that the export represents the continuation of a long-standing relationship with an MTCR partner.

    (b) UNITED STATES POSITION REGARDING ADMISSION OF NEW MTCR MEMBERS- At least 30 days before the United States takes the position to favor the admission of a particular country into the Missile Technology Control Regime, the President shall transmit to Congress a report describing the rationale for such position together with all relevant information concerning that country’s nonproliferation policies, practices, and commitments. The President may waive the 30-day waiting period in any case in which the President certifies in the report that the national security interests of the United States necessitate immediate approval of the new member.

    (c) DEFINITIONS- For purposes of this section--

      (1) the terms ‘Missile Technology Control Regime’ and ‘MTCR’ mean the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; and

      (2) the term ‘MTCR Annex’ means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto.

SEC. 731. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF 1988.

    (a) IN GENERAL- Section 2125 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4704) is amended by striking ‘1993’ and inserting ‘1998’.

    (b) EFFECTIVE DATE- The amendment made by this section shall take effect on December 30, 1993.

SEC. 732. REPORT ON THE ACTIVITIES OF THE PEOPLE’S MUJAHEDDIN OF IRAN.

    (a) Congress makes the following findings:

      (1) The People’s Mujaheddin of Iran receives material, logistic, and financial support from the Iraq Government.

      (2) The People’s Mujaheddin of Iran has been involved in terrorist activities since the inception of the organization in 1963.

      (3) During the past 30 years, terrorist activities of the People’s Mujaheddin of Iran have resulted in the deaths of more than 10,000 Iranians.

      (4) The People’s Mujaheddin of Iran is responsible for the deaths of several United States military advisers in 1972 and 1973, for the deaths of two Air Force officers in 1975, and for the deaths of three United States employees of the Rockwell International Corporation in 1976.

      (5) The People’s Mujaheddin of Iran actively and vigorously supported the seizure of the United States Embassy in Tehran, Iran, in 1979.

      (6) The Department of State informally recognizes the involvement of the People’s Mujaheddin of Iran in international terrorist activities and has refused contact with representatives of the organization.

      (7) The annual report of the Secretary of State on terrorist activities does not provide adequate information on the terrorist activities of the People’s Mujaheddin of Iran.

      (8) The past activities of the People’s Mujaheddin of Iran, and the current policy of the Department of State with respect to the organization, create a presumption that the organization is currently engaged in international terrorist activities.

    (b) Except as provided in subsection (d), the annual report of the Secretary of State that is submitted to Congress on April 30, 1994, under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2656f) shall include information referred to in subsection (c) on the People’s Mujaheddin of Iran.

    (c) The report referred to in subsection (b) shall include--

      (1) an assessment of the activities of the People’s Mujaheddin of Iran in accordance with subsection (a)(1) of such section 140; and

      (2) any other relevant information on the People’s Mujaheddin of Iran referred to in subsection (a)(2) of such section 140, including a detailed discussion of each of the matters referred to in subparagraphs (A) through (D) of subsection (b)(2) of such section.

    (d) The Secretary may elect not to include the information referred to in subsection (c) in the report referred to in subsection (b). In the event of such an election, the Secretary shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a justification for such election.

    (e) In the event of an election under subsection (d), not less than sixty days from the submittal of the report referred to in subsection (b), the Secretary shall submit an unclassified report to Congress detailing the structure, current activities, external support and history of the People’s Mujaheddin of Iran. Such report shall include any connection to organizations operating in the United States.

    (f) In this section, the term ‘People’s Mujaheddin of Iran’ means the organization also known as the Mujaheddin-e Khalq that is based in Iraq and led by Iranian expatriots Massoud Rajavi or Maryam Rajavi and includes any group or organization associated with such organization, including the Iraqi-based National Liberation Army and the National Council of Resistance of Iran.

SEC. 733. REIMBURSEMENT OF STATE AND LOCAL GOVERNMENTS.

    Section 208 of title 3, United States Code, is amended by inserting at the end the following new subsection:

    ‘(c) Out of funds otherwise available for fiscal year 1994 and fiscal year 1995 for ‘Protection of Foreign Missions and Officials’, the Secretary of State is authorized to reimburse the City of Seattle and State of Washington up to a total of $440,000 for fiscal year 1994 and $500,000 for fiscal year 1995 for unexpected extraordinary security costs associated with the change in the level of the participation in the Asian Pacific Cooperation conference held in Seattle in November 1993 from Ministerial to Heads-of-State.’.

SEC. 734. RESTORATION OF WITHHELD BENEFITS.

    (a) ELIGIBILITY- With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense has approved the employment or the holding of a position pursuant to the provisions of section 1058, title 10, United States Code, before the date of enactment of this Act, the consents, approvals and determinations under that section shall be deemed to be effective as of January 1, 1993.

    (b) TECHNICAL CORRECTION- Subsection (d) of section 1433 of Public Law 103-160 is repealed.

SEC. 735. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED ASSETS.

    Not later than 30 days after enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report containing a detailed accounting analysis and justification for all expenditures made from foreign governments’ assets that have been frozen or blocked by the United States Government, including but not limited to those expenditures made from Haitian frozen or blocked assets by the Government of President Jean Bertrand Aristide, and those made from Iranian and Iraqi frozen or blocked assets.

SEC. 736. FOREIGN POLICY.

    (a) It is the sense of the Senate that the President has determined that sustainable development is one of the goals of United States foreign policy and, therefore, the United States, in conducting bilateral and multilateral negotiations, should, to the maximum extent feasible, take into consideration the principles of sustainable development that encourage broad based economic growth, protect the environment, build human capital and knowledge, and promote democratic participation and development.

    (b) It is the further sense of the Senate that domestic producers of environmental goods and services should, to the maximum extent practicable, be notified of any potential business opportunities which result from United States bilateral and multilateral assistance programs and negotiations.

SEC. 737. PASSPORT SECURITY.

    (a) It is the sense of the Congress that the Department of State is strongly urged to assure that any new passport issuances should, to the maximum extent practicable--

      (1) be secure against counterfeiting, alteration, duplication or simulation;

      (2) be easily verifiable with appropriate inspection by public officials and private and commercial personnel; and

      (3) contain only American-sourced materials and technology.

    (b) The Secretary of State shall provide a report to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs within 30 days of enactment detailing actions taken by the Department to accomplish the goals set forth in subsection (a).

SEC. 738. PUBLISHING INTERNATIONAL AGREEMENTS.

    Section 112a of title I of the United States Code is amended--

      (1) by inserting ‘(a)’ immediately before ‘The Secretary of State’; and

      (2) by adding at the end thereof the following new subsections:

    ‘(b) The Secretary of State may determine that publication of certain categories of agreements is not required, provided that the following criteria are met:

      ‘(1) Such agreements are not treaties which have been brought into force for the United States after having received Senate advice and consent pursuant to section 2(2) of Article II of the Constitution of the United States;

      ‘(2) The public interest in such agreements is insufficient to justify their publication, in that (i) as of the date of enactment of this legislation, the agreements are no longer in force, (ii) the agreements do not create private rights or duties, nor establish standards intended to govern government action in the treatment of private individuals, (iii) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means, or (iv) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and

      ‘(3) Copies of such agreements (other than those in subsection (2)(b)(iv)), including certified copies where necessary for litigation or similar purposes, can be made available by the Department of State upon reasonable request.

    ‘(c) Any determination pursuant to subsection (b) shall be published in the Federal Register.’.

SEC. 739. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE.

    The President is authorized to implement, for the United States, the provisions of Annex 1 of the Decision concerning Legal Capacity and Privileges and Immunities, issued by the Council of Ministers of the Conference on Security and Cooperation in Europe on December 1, 1993, in accordance with the terms of that Annex.

SEC. 740. AGREEMENT ON STATE AND LOCAL TAXATION.

    The President is authorized to bring into force for the United States the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations, which was signed by the United States on April 21, 1992: Provided, That, notwithstanding the provisions of Article 1.B of such Agreement, such Agreement shall not require any refunds of monies paid with respect to tax years ending on or before December 31, 1993.

SEC. 741. FEES FOR COMMERCIAL SERVICES.

    Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669 et seq.) is amended by adding the following new section at the end:

‘SEC. 52. FEES FOR COMMERCIAL SERVICES.

    ‘(a) AUTHORITY TO CHARGE FEE- (1) Subject to paragraph (2), the Secretary of State is authorized to charge a fee to cover the actual or estimated cost of providing any person, firm or organization (other than agencies of the United States Government) with commercial services at posts abroad on matters within the authority of the Department of State.

    ‘(2) The authority of this section may be exercised only in countries where the Department of Commerce does not perform commercial services for which it collects fees.

    ‘(b) USE OF FEES- Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of providing commercial services.’.

SEC. 742. PERSONAL SERVICES CONTRACTS ABROAD.

    Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting the following before the period: ‘; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States’.

SEC. 743. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL COPPER STUDY GROUP.

    (a) UNITED STATES MEMBERSHIP- The President is authorized to accept the Terms of Reference of and maintain membership of the United States in the International Copper Study Group (ICSG).

    (b) PAYMENTS OF ASSESSED CONTRIBUTIONS- For fiscal year 1995 and thereafter the United States assessed contributions to the ICSG may be paid from funds appropriated for ‘Contributions to International Organizations’.

SEC. 744. PROHIBITION ON ASSISTANCE TO COUNTRIES EXPROPRIATING UNITED STATES PROPERTY.

    (a) PROHIBITION- None of the funds made available to carry out the Foreign Assistance Act of 1961 as amended, the Arms Export Control Act, or the Support for East European Democracy Act may be provided to a country (other than a country described in subsection (c)) whose government (or any agency or instrument thereof)--

      (2) has before, on, or after the date of enactment of this Act--

        (A) nationalized or expropriated the property of any United States person,

        (B) repudiated or nullified any contract or agreement with any United States person, or

        (C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any United States person, and

      (2) has not, within a period of 3 years (or where applicable, the period described in subsection (b)), returned the property or provided adequate and effective compensation for such property in convertible foreign exchange equivalent to the full value thereof, as required by international law.

      (3) the President may waive the prohibition in subsection (a) if he determines and so notifies Congress that it is in the national interest to do so. Such determination must be made on a country by country basis every 180 days.

    (b) EXTENDED PERIOD FOR COMPENSATION IN THE CASE OF NEWLY ELECTED DEMOCRATIC GOVERNMENTS- In the case of a democratically elected foreign government that had been a totalitarian or authoritarian government at the time of the action described in subsection (a)(1), the 3-year period described in subsection (a)(2) shall be deemed to have begun as of the date of the installation of the democratically elected government.

    (c) EXCEPTED COUNTRIES AND TERRITORIES- This section shall not apply to any country established by international mandate through the United Nations or to any territory recognized by the United States Government to be in dispute.

    (d) REPORTING REQUIREMENT- Not later than 90 days after enactment of this Act, and every 180 days thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate, a report containing the following:

      (1) A list of all countries in which a United States person has an outstanding expropriations claim.

      (2) The total number of outstanding expropriation claims made by United States persons against any foreign country.

      (3) The period of time in which each claim has been outstanding.

      (4) All efforts made on a case by case basis by the United States Government, any international organization, and the country in which the expropriation claim has been made, to return the property or provide adequate and effective compensation for such property.

    (e) DEFINITION- For purposes of this section, the term ‘United States person’ means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens.

SEC. 745. ISRAEL’S DIPLOMATIC STATUS.

    (a) The Congress finds that--

      (1) Israel continues to be a leader in the Middle East peace process and the only democracy in the region;

      (2) on May 14, 1948, the United States was the first country to accord de facto recognition to Israel;

      (3) after over forty-six years of independence Israel is recognized only by 132 countries around the world;

      (4) forty-nine countries have no diplomatic relations with Israel, including 32 that collectively receive in fiscal year 1994 over $523,000,000 in United States foreign assistance;

      (5) China and India recognized the state of Israel in 1992;

      (6) Israel is a legitimate state and sovereign entity that deserves to be accorded full diplomatic recognition by members of the international community; and

      (7) the following states will receive direct and indirect United States foreign assistance this year and have failed to recognize Israel: Afghanistan; Algeria; Bahrain; Bangladesh; Botswana; Burundi; Cape Verde; Chad; Djibouti; Ghana; Guinea; Guinea-Bissau; Indonesia; Jordan; Laos; Lebanon; Madagascar; Maldives; Mauritania; Morocco; Namibia; Niger; Oman; Pakistan; Rwanda; Senegal; Somalia; Sri Lanka; Tanzania; Tunisia; Uganda; and Yemen, therefore

    (b) It is the sense of the Senate that the Secretary of State should make the issue of Israel’s diplomatic status a priority and urge countries that receive American aid to immediately establish full diplomatic relations with the state of Israel.

SEC. 746. POLICY REGARDING GERMAN PARTICIPATION IN INTERNATIONAL PEACEKEEPING OPERATIONS.

    (a) FINDINGS- The Congress finds that--

      (1) for more than four decades following the Second World War, Germany was a divided nation;

      (2) notwithstanding the creation of the Federal Republic of Germany on September 7, 1949, and the German Democratic Republic on October 7, 1949, the Four Allied Powers retained rights and responsibilities for Germany as a whole;

      (3) the Federal Republic of Germany acceded to the United Nations Charter without reservation, ‘accept[ing] the obligations contained in the Charter . . . and solemnly undertak[ing] to carry them out’, and was admitted as a member of the United Nations on September 26, 1973;

      (4) the Federal Republic of Germany’s admission to the United Nations did not alter Germany’s division nor infringe upon the rights and responsibilities of the Four Allied Powers for Germany as a whole;

      (5) these circumstances created impediments to the Federal Republic of Germany fulfilling all obligations undertaken upon its accession to the United Nations Charter;

      (6) Germany was unified within the Federal Republic of Germany on October 3, 1990;

      (7) with the entry into force of the Final Settlement With Respect to Germany on March 4, 1991, the unified Germany assumed its place in the community of nations as a fully sovereign national state;

      (8) German unification and attainment of full sovereignty and the Federal Republic’s history of more than four decades of democracy have removed impediments that have prevented its full participation in international efforts to maintain or restore international peace and security;

      (9) international peacekeeping, peacemaking, and peace-enforcing operations are becoming increasingly important for the maintenance and restoration of international peace and security;

      (10) United Nations Secretary General Boutros Boutros-Ghali has called for the ‘full participation of Germany in peacekeeping, peacemaking, and peace-enforcing measures’;

      (11) the North Atlantic Council, meeting in ministerial session on June 4, 1992, and December 17, 1992, stated the preparedness of the North Atlantic Alliance to ‘support, on a case-by-case basis in accordance with our own procedures, peacekeeping activities under the responsibility of the Conference on Security and Cooperation in Europe’ and ‘peacekeeping operations under the authority of the United Nations Security Council’;

      (12) the Federal Republic of Germany participated in these North Atlantic Council meetings and fully associated itself with the resulting communiques;

      (13) the Western European Union (WEU) Ministerial Council, in the Petersberg Declaration adopted June 19, 1992, declared that ‘As the WEU develops its operational capabilities in accordance with the Maastricht Declaration, we are prepared to support, on a case-by-case basis and in accordance with our own procedures, the effective implementation of conflict-prevention and crisis-management measures, including peacekeeping activities of the CSCE or the United Nations Security Council’;

      (14) the Federal Republic of Germany presided over this Western European Union Ministerial Council meeting and fully associated itself with the Petersberg Declaration;

      (15) the Federal Republic of Germany, by virtue of its political, economic, and military status and potential, will play an important role in determining the success or failure of future international efforts to maintain or restore international peace and security;

      (16) Germany is currently engaged in a debate on the proper role for the German military in the international community and, in this regard, on how to amend the provisions of the Federal Republic’s Basic Law that govern German military activities;

      (17) one important element in the German debate is the attitude of the international community toward full German participation in international peacekeeping, peacemaking, and peace-enforcing operations;

      (18) it is, therefore, appropriate for the United States, as a member of the international community and as a permanent member of the United Nations Security Council, to express its position on the question of such German participation; and

      (19) distinctions between peacekeeping, peacemaking, and peace-enforcing measures are becoming blurred, making absolute separation of such measures difficult, if not impossible.

    (b) SENSE OF CONGRESS- It is the sense of the Congress that--

      (1) an appropriate response under current circumstances to Germany’s past would be for Germany to participate fully in international efforts to maintain or restore international peace and security; and

      (2) the President should strongly encourage Germany, in light of its increasing political and economic influence, its successful integration into international institutions, and its commitment to peace and democratic ideals, to assume full and active participation in international peacekeeping, peacemaking, and peace-enforcing operations and to take the necessary measures with regard to its constitutional law and policy and its military capabilities so as to enable the full and active participation of Germany in such operations.

SEC. 747. UNITED STATES CITIZENS HIRED ABROAD.

    (a) In order to facilitate the hiring of United States citizens abroad, the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) (‘the Act’), the State Department Basic Authorities Act (22 U.S.C. 2669 et seq.), and other provisions are amended as follows:

      (1) In section 309(b) of the Act by deleting ‘and’ at the end of subsection (b)(3); and by deleting the period at the end of subsection (b)(4) and inserting in lieu thereof ‘; and (5) as a foreign national employee.’.

      (2) In section 311 of the Act by striking the section and inserting the following:

    ‘(a) The Secretary, under section 303, may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees.

    ‘(b) The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person.

    ‘(c)(1) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under section 408.

    ‘(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407.

    ‘(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407, if the Secretary determines that the national interest would be served by such payments.

    ‘(d) Citizens employed under this section shall not be eligible for benefits under chapter 8 of the Foreign Service Act of 1980, as amended, or under chapters 83 and 84 of title 5, unless the Secretary states in writing or by regulation that specific individuals shall remain eligible for benefits under chapter 83 or 84 of title 5, as appropriate. Each agency should make efforts to find additional funding for retirement coverage for family members.’.

      (3) In section 404(a) of the Act by deleting the phrase ‘who are family members of Government employees paid in accordance with a local compensation plan established under’.

      (4) In section 408 of the Act--

        (A) by rewriting the first sentence of subsection 408(a)(1) to read as follows: ‘The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under section 311(c)(1).’;

        (B) in the second sentence of subsection 408(a)(1), by deleting the phrase ‘employed in the Service abroad who were hired while residing abroad and to those family members of Government employees who are paid in accordance with such plans’;

        (C) in the third sentence of subsection 408(a)(1), by deleting the phrase ‘foreign national’ each place it appears; and

        (D) by adding a fourth sentence as follows: ‘For United States citizens under a compensation plan, the Secretary shall also (A) provide these citizens with a total compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign national employees occupying a similar position at that post and (B) define those allowances and benefits provided under United States law which shall be included as part of this total compensation package, notwithstanding any other provision of law, except that this section shall not be used to override United States minimum wage requirements, or any provision of the Social Security Act or the Internal Revenue Code.

      (5) In section 504(b) of the Act by inserting ‘(other than those employed in accordance with section 311)’ immediately after ‘citizen of the United States’.

      (6) In section 601(b)(2) of the Act by deleting ‘and’ the last time it appears and by inserting ‘and other members of the Service’ immediately after ‘categories of career candidates,’.

      (7) In section 611 of the Act by striking all that follows ‘Foreign Service Schedule’ and inserting in lieu thereof ‘or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.’.

      (8) In section 903(a) of the Act by inserting ‘(other than a member employed under section 311)’ immediately after ‘member of the Service’ each place it appears.

      (9) In section 1002(8)(A) of the Act by inserting ‘a member of the Service who is a United States citizen (other than a family member) employed under section 311,’ immediately after ‘a consular agent,’.

      (10) In section 1101(a)(1) of the Act by inserting ‘(other than a United States citizen employed under section 311 who is not a family member)’ immediately after ‘citizen of the United States’.

      (11) In section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)), by inserting the following before the period: ‘; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States’.

SEC. 748. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

    The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), is amended--

      (1) in section 599D (8 U.S.C. 1157 note)--

        (A) in subsection (b)(3), by striking ‘1993 and 1994’ and inserting ‘1993, 1994, 1995, and 1996’; and

        (B) in subsection (e), by striking out ‘October 1, 1994’ each place it appears and inserting in lieu thereof ‘October 1, 1996’; and

      (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking out ‘September 30, 1994’ and inserting in lieu thereof ‘September 30, 1996’.

SEC. 749. POLICY REGARDING THE NORTH KOREAN NUCLEAR WEAPONS PROGRAM.

    (a) FINDINGS- The Congress makes the following findings:

      (1) On February 10, 1993, North Korea refused to permit the International Atomic Energy Agency (IAEA) to conduct special inspections, as permitted under the terms of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), of two undeclared nuclear-related sites to clarify discrepancies related to North Korea’s nuclear program, and on March 12, 1993, North Korea announced its intention to withdraw from the NPT effective on June 12, 1993, due to the insistence of the IAEA on exercising inspection rights under the NPT.

      (2) On April 1, 1993, the IAEA declared North Korea to be in noncompliance with the NPT; on April 2, 1993, the IAEA voted to refer North Korean violations of the Treaty to the United Nations Security Council; and on April 7, 1993, the IAEA issued a formal censure on North Korea for its noncompliance with the NPT, the first censure in the history of the IAEA.

      (3) On May 11, 1993, the United Nations Security Council passed a resolution asking North Korea to allow IAEA inspections under the NPT, and on May 12, 1993, North Korea rejected the request of the United Nations Security Council and has since impeded or refused access to any of its sites by IAEA inspectors.

      (4) On June 2, 1993, the United States and North Korea initiated a series of meetings in New York to discuss the impasse in nuclear site inspections, which continued until January 4, 1994, when Under Secretary of State Lynn Davis announced that North Korea had agreed to inspections of seven declared nuclear-related sites.

      (5) Discussions between the IAEA and North Korea to implement the announced agreement to permit inspections in North Korea have reached an apparent impasse, and the issue is anticipated to be discussed at the IAEA Board of Governors meeting on February 21, 1994.

      (6) The People’s Republic of China (PRC) has repeatedly stated it would not support any action of the United Nations Security Council to impose sanctions on North Korea, and the PRC may not be cooperating fully and effectively in seeking a resolution of this issue.

      (7) The United States must clearly communicate its firm resolve to compel North Korea to comply with the inspections required under the NPT and has instead offered to cancel 1994 Team Spirit joint military exercises with South Korea; indications are that numerous other concessions, such as diplomatic recognition and economic assistance, are also being considered.

      (8) The development of nuclear weapons by North Korea would significantly increase the already serious threat to the safety and security of South Korea and the stability of the Pacific region posed by North Korea’s military forces, which include--

        (A) an army of 1,200,000 men, much of which is positioned near the border with South Korea;

        (B) an estimated 250 tons of biological and chemical weapons; and

        (C) extended range SCUD-C missiles reportedly armed with chemical warheads, No Dong missiles, and possibly a much longer range intermediate-range ballistic missile in development.

    (b) POLICY- It is the sense of the Congress that--

      (1) North Korea must halt its nuclear weapons program and fully comply with the terms of the NPT and the January 30, 1992, full-scope safeguards agreement agreed to by North Korea and the IAEA;

      (2) the President should seek international consensus to isolate North Korea economically until North Korea halts its nuclear weapons program and reaches acceptable agreement with the IAEA on inspections of its nuclear facilities and those inspections have begun;

      (3) the President should support United States-South Korea joint military exercises as an expression of commitment to the United States-Republic of Korea Mutual Defense Treaty of 1954;

      (4) the President should ensure that sufficient United States military forces are deployed in the Pacific region, including the deployment of Patriot batteries in South Korea, in order to be prepared to effectively defend South Korea against any offensive action by North Korea;

      (5) the President should make resolution of this issue a matter of urgent national security priority; and

      (6) an ‘acceptable agreement’ between the IAEA and North Korea should include regular inspection of all declared nuclear sites as well as special inspections of any suspected nuclear-related site, as agreed to by North Korea in the January 30, 1992, full-scope safeguards agreement with the IAEA.

    (c) DEFINITIONS- For purposes of this section--

      (1) the term ‘IAEA’ means the International Atomic Energy Agency;

      (2) the term ‘NPT’ means the Treaty on the Non-Proliferation of Nuclear Weapons, done on July 1, 1968 at London, Moscow, and Washington; and

      (3) the term ‘safeguards’ means the safeguards set forth in an agreement between a country and the IAEA, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency.

SEC. 750. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.

    (a) IN GENERAL- Not later than July 1, 1994, the President shall submit to Congress a report on the operations and activities of the armed forces of the Russian Federation, including elements purportedly operating outside the chain of command of the armed forces of the Russian Federation, outside the borders of the Russian Federation and, specifically, in the other independent states that were a part of the former Soviet Union and the Baltic States.

    (b) CONTENT OF REPORT- The report required by subsection (a) shall include, but not be limited to--

      (1) an assessment of the numbers and types of Russian armed forces deployed in each of the other independent states of the former Soviet Union and the Baltic States and a summary of their operations and activities since the demise of the Soviet Union in December 1991;

      (2) a detailed assessment of the involvement of Russian armed forces in conflicts in or involving Armenia, Azerbaijan, Georgia, Moldova, and Tajikistan, including support provided directly or indirectly to one or more parties to these conflicts;

      (3) an assessment of the political and military objectives of the operations and activities discussed in paragraphs (1) and (2) and of the strategic objectives of the Russian Federation in its relations with the other independent states of the former Soviet Union and the Baltic States;

      (4) an assessment of other significant actions, including political and economic, taken by the Russian Federation to influence the other independent states of the former Soviet Union and the Baltic States in pursuit of its strategic objectives; and

      (5) an analysis of the new Russian military doctrine adopted by President Yeltsin on November 2, 1993, with particular regard to its implications for Russian policy toward the other independent states of the former Soviet Union and the Baltic States.

    (c) DEFINITIONS- For the purposes of this section--

      (1) ‘the other independent states of the former Soviet Union’ means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and

      (2) ‘the Baltic States’ means Latvia, Lithuania, and Estonia.

SEC. 751. REPORT ON BOSNIAN REFUGEES.

    (a) The Senate finds that:

      (1) In Bosnia-Hercegovina the civilian population has been subject to egregious violations of basic human rights, including wide-spread willful killing, the torture of prisoners, deliberate attacks on non-combatants, the intentional impeding of the delivery of food and medical supplies to the civilian population, mass forcible expulsion and deportation of civilians, the abuse of civilians in detention centers, and the wanton devastation and destruction of property.

      (2) Ethnic cleansing, the systematic persecution of minorities, indiscriminate attacks on civilians, violations of internationally-held humanitarian principles, and the deliberate targeting of aid workers has been and continues to be common events in the conflict in Bosnia-Hercegovina.

    (b) The Department of State shall within 60 days after the enactment of this law brief the Committees of Judiciary of the House of Representatives and the Senate on the steps being taken by the United States to assure that all appropriate efforts are being made to expeditiously identify and assist all cases of Bosnian individuals and families who are requesting third country resettlement and who are eligible to seek refugee status in the United States and who are seeking such refugee status.

SEC. 752. POLICY REGARDING THE CONDITIONS WHICH THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA SHOULD MEET TO CONTINUE TO RECEIVE NONDISCRIMINATORY MOST-FAVORED-NATION TREATMENT.

    (a) The Congress finds that:

      (1) In an Executive Order of May 28, 1993, the President established conditions for renewal of most-favored-nation (MFN) status for the People’s Republic of China in 1994.

      (2) This Executive Order requires that in making a recommendation about the further extension of MFN status to China, the Secretary of State shall not recommend extension unless he determines that--

        (A) extension will substantially promote the freedom of emigration objectives of section 402 of the Trade Act of 1974; and

        (B) China is complying with the 1992 bilateral agreement between the United States and China concerning prison labor.

      (3) The Executive Order further requires that in making his recommendation, the Secretary of State shall determine whether China has made overall, significant progress with respect to--

        (A) taking steps to begin adhering to the Universal Declaration of Human Rights;

        (B) releasing and providing an acceptable accounting for Chinese citizens imprisoned or detained for the non-violent expression of their political and religious beliefs, including such expression of religious beliefs in connection with the Democracy Wall and Tiananmen Square movements;

        (C) ensuring humane treatment of prisoners, such as by allowing access to prisons by international humanitarian and human rights organizations;

        (D) protecting Tibet’s distinctive religious and cultural heritage; and

        (E) permitting international radio and television broadcasts into China.

      (4) The Executive Order further requires the Executive Branch to resolutely pursue all legislative and executive actions to ensure that China abides by its commitments to follow fair, nondiscriminatory trade practices in dealing with United States businesses, and adheres to the Nuclear Nonproliferation Treaty, the Missile Technology Control Regime guidelines and parameters, and other nonproliferation commitments.

      (5) The Chinese government should cooperate with international efforts to obtain North Korea’s full, unconditional compliance with the Nuclear Non-Proliferation Treaty.

      (6) The President has initiated an intensive high-level dialogue with the Chinese government which began last year with a meeting between the Secretary of State and the Chinese Foreign Minister, including a meeting in Seattle between the President and the President of China, meetings in Beijing with the Secretary of the Treasury, the Assistant Secretary for Human Rights and others, a recent meeting in Paris between the Secretary of State and the Chinese Foreign Minister, and recent meetings in Washington with several Under Secretaries and their Chinese counterparts.

      (7) The President’s efforts have led to some recent progress on some issues of concern to the United States.

      (8) Notwithstanding this, substantially more progress is needed to meet the standards in the President’s Executive Order.

      (9) The Chinese government’s overall human rights record in 1993 fell far short of internationally accepted norms as it continued to repress critics and failed to control abuses by its own security forces, therefore

    (b) It is the sense of the Senate that the President of the United States should use all appropriate opportunities, in particular more high-level exchanges with the Chinese government, to press for further concrete progress towards meeting the standards for continuation of MFN status as contained in the Executive Order.

SEC. 753. IMPLEMENTATION OF PARTNERSHIP FOR PEACE.

    REPORT- The President shall submit every six months, beginning six months after the date of enactment of this Act, a detailed report to the Senate Foreign Relations Committee, the House Foreign Affairs Committee, and the House and the Senate Armed Services Committees on the implementation of the ‘Partnership for Peace’ initiative, including an assessment of the progress made by former members of the Warsaw Treaty Organization in meeting the criteria for full membership articulated in Article 10 of the North Atlantic Treaty, wherein any other European state may, by unanimous agreement, be invited to accede to the North Atlantic Treaty if it is in a position to further the principles of the Treaty and to contribute to the security of the North Atlantic area.

SEC. 754. FUNDING FOR DEMOCRACY PROMOTION PROGRAMS.

    In addition to the other matters to be reviewed by the commission established by this Act to study the effectiveness of democracy programs funded by the United States, the commission shall also undertake a review of the feasibility and desirability of mandating non-United States Government funding, including matching funds and in-kind support, for democracy promotion programs. If the commission determines that mandating such non-government funding is feasible and desirable it shall make recommendations regarding goals and procedures for implementation.

SEC. 755. HUMANITARIAN ACTIVITIES.

    It is the sense of the Senate that the President should not restrict informational, educational, religious, or humanitarian exchanges, or exchanges for public performances or exhibitions, or travel for any such informational, educational, religious, performance, or exhibition exchanges, or travel for furtherance of humanitarian activities, between the United States and any other country.

SEC. 756. LIMITATION ON AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.

    (a) TRANSFERS TO COUNTRIES ON THE SOUTHERN AND SOUTHEASTERN FLANK OF NATO- Section 516(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)) is amended--

      (1) by striking out ‘and’ at the end of paragraph (2);

      (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(4) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.’.

    (b) TRANSFERS TO COUNTRIES PARTICIPATING IN A COMPREHENSIVE NATIONAL ANTINARCOTICS PROGRAM- Section 517(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is amended--

      (1) by striking out ‘and’ at the end of paragraph (2);

      (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(4) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.’.

    (c) TRANSFERS TO COUNTRIES ELIGIBLE TO PARTICIPATE IN A FOREIGN MILITARY FINANCING PROGRAM- Section 519(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is amended--

      (1) by striking out ‘and’ at the end of paragraph (3);

      (2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(5) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.’.

    (d) SALES FROM STOCK UNDER ARMS EXPORT CONTROL ACT- Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by adding at the end the following new subsection:

    ‘(k) Before entering into the sale under this Act of defense articles that are excess to the stocks of the Department of Defense, the President shall first consider the effects of the sale of the articles on the national technology and industrial base, particularly the extent, if any, to which the sale reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are sold.’.

    (e) LEASES UNDER ARMS EXPORT CONTROL ACT- Section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended--

      (1) by striking out ‘and’ at the end of paragraph (2);

      (2) by redesignating paragraph (3) as paragraph (4);

      (3) by inserting after paragraph (2) the following new paragraph (3):

      ‘(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and’; and

      (4) in the matter following paragraph (4), as redesignated by paragraph (2) of this subsection, by striking out ‘paragraph (3)’ each place it appears and inserting in lieu thereof ‘paragraph (4)’.

SEC. 757. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EASTERN AND ASIAN COUNTRIES.

    (a) EXPORTS BY UNITED STATES PERSONS- Section 72 of the Arms Export Control Act (22 U.S.C. 2797a) is amended--

      (1) by redesignating subsection (c) as subsection (d); and

      (2) by inserting after subsection (b) the following:

    ‘(c) PRESUMPTION- In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it shall be a rebuttable presumption that such item is designed for use in a missile listed under the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State determines, for purposes of 6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.’.

    (b) EXPORTS BY FOREIGN PERSONS- Section 73 of the Arms Export Control Act (22 U.S.C. 2797b) is amended--

      (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

      (2) by inserting after subsection (e) the following:

    ‘(f) PRESUMPTION- In determining whether to apply sanctions under subsection (a) to a foreign person involved in the export, transfer, or trade of an item on the MTCR Annex, it shall be a rebuttable presumption that such item is designed for use in a missile listed under the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State determines, for purposes of 6(j)(1)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.’.

SEC. 758. CHINESE FLEEING COERCIVE POPULATION CONTROL POLICIES.

    (a) In numbers not to exceed those specified in subsection (e), the Attorney General shall protect from deportion or exclusion to the People’s Republic of China nationals of the People’s Republic of China who demonstrate a reasonable likelihood that they will be forced to abort a pregnancy or will be subjected to forced sterilization under Chinese Communist Party directives and/or government directives of the People’s Republic of China on population or will suffer other severe harm for refusal to comply with such directives, or who demonstrate that they have experienced severe harm on account of their refusal to comply with such directives.

    (b) Nothing in this section shall be construed to preclude the Attorney General from deporting or excluding any national of the People’s Republic of China to the People’s Republic of China if the Attorney General determines that such national is inadmissible to the United States under section 212(a) (2), (3), (6)(E) (if such action were taken knowingly and for gain), or (9) of the Immigration and Nationality Act.

    (c) The Attorney General shall, within 90 days of enactment of this section, promulgate regulations and guidelines to carry out the provisions of this section.

    (d) Nothing in this section shall be construed as--

      (1) Shifting the burden of providing, in each individual case, facts sufficient to establish a claim within the scope of subsection (a) of this section from any person making such claim to the Attorney General; or

      (2) Requiring the Attorney General to disapprove such claim in the absence of proof of facts sufficient to establish a claim described in subsection (a) of this section by any person making such claim.

    (e) The number of persons receiving the benefit of this section shall not exceed 2,000 applicants in any fiscal year.

    (f) The provisions of this section shall take effect on the date of enactment of this Act, and relief under this section shall be available, in numbers not to exceed those specified in subsection (e), to any national of the People’s Republic of China who is entitled to such relief under the provisions of this section notwithstanding the pendency of administrative or judicial proceedings or appeals on the date of enactment of this Act, and to any such national whose claim arises on or after the date of enactment.

    (g) A person who is not deported or excluded to the People’s Republic of China pursuant to subsection (a) of this section shall be entitled to the same associated benefits as a person granted asylum under section 208 of the Immigration and Nationality Act.

    (h) This section does not apply to an alien who has received a final conviction of an aggravated felony or who has claimed the benefit of subsection (a) solely for the purpose of evading the immigration laws of the United States.

    (i) This section shall remain in effect for a period of three years from its date of enactment.

SEC. 759. OPPOSITION TO FINANCING BY INTERNATIONAL FINANCIAL INSTITUTIONS FOR COUNTRIES EXPROPRIATING UNITED STATES PROPERTY.

    (a) PROHIBITION- The President shall instruct the United States Executive Director of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund to vote against any loan or other utilization of the funds of the bank for benefit of any country which--

      (1) has before, on, or after the date of enactment of this Act--

        (A) nationalized or expropriated the property of any United States person,

        (B) repudiated or nullified any contract or agreement with any United States person, or

        (C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any United States person, and

      (2) has not, within a period of 3 years (or where applicable, the period described in subsection (b)), returned the property or provided adequate and effective compensation for such property in convertible foreign exchange equivalent to the full value thereof, as required by international law.

    (b) EXTENDED PERIOD FOR COMPENSATION IN THE CASE OF NEWLY DEMOCRATIC GOVERNMENTS- In the case of a democratically elected foreign government that had been a totalitarian or authoritarian government at the time of the action described in subsection (a)(1), the 3-year period described in subsection (a)(2) shall be deemed to have begun as of the date of the installation of the democratically elected government.

    (c) EXCEPTED COUNTRIES AND TERRITORIES- This section shall not apply to any country established by international mandate through the United Nations or to any territory recognized by the United States Government to be in dispute.

    (d) REPORTING REQUIREMENT- Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter, the President shall transmit to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate, a report containing the following:

      (1) A list of all countries against which United States persons have outstanding expropriation claims.

      (2) The total number of outstanding expropriation claims made by United States persons against any foreign country.

      (3) The period of time in which each claim has been outstanding.

      (4) A description on a case-by-case basis of each effort made by the United States Government, or the country in which the expropriation claim has been made, to return the property or provide adequate and effective compensation for such property.

      (5) Each project a United States Executive Director voted against as a result of the action described in subsection (a).

    (e) DEFINITION- For purposes of this section, the term ‘United States person’ means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens.

    (f) WAIVER- The President may waive the prohibition in subsection (a) if he determines and so notifies Congress that--

      (1) it is in the national interest to do so and such determination must be made on a country by country basis every 180 days; or

      (2) the parties have submitted the dispute to arbitration under rules of the Convention for the Settlement of Investment Disputes.

SEC. 760. REPORT ON DISMANTLEMENT OF NUCLEAR WEAPONS OF THE FORMER SOVIET UNION.

    (a) REPORT- In the report required by section 1207 of title XII of Public Law 103-160 and due on April 30, 1994, to be submitted the President, as prepared by the Secretaries of State and Defense in consultation with the Arms Control and Disarmament Agency and the Central Intelligence Agency, shall include the following:

      (1) The anticipated timetable for dismantlement of former Soviet Union nuclear and chemical weapons and the status of stocks and production capacity in the Russian Federation, Ukraine, Kazakhstan and Belarus and how appropriated funds are being used to effect this purpose;

      (2) The cost of each activity carried out to date, as well as each projected activity;

      (3) The United States agency or host country agency responsible for each element of the project;

      (4) Obstacles that might hinder the effective use of United States funds in dismantling nuclear and chemical weapons in each of the four nuclear republics of the former Soviet Union and recommendations for overcoming these obstacles;

      (5) The specific impact of United States funds on the pace and quality of nuclear and chemical weapons dismantlement in each of the four republics;

      (6) A classified appendix detailing actual reduction in weapons and capabilities as a result of the expendature of United States funds.

SEC. 761. REPORT ON SANCTIONS ON VIETMAN.

    Not later than 30 days after any action to modify or terminate any prohibition, restriction, condition or limitation on transaction involving commercial sale of any good or technology to the Socialist Republic of Vietnam, or involving the importation into the United States of goods or services of Vietnamese origin, in effect as of January 27, 1994 under the Act of October 6, 1917 (40 Stat. 411 et seq.) as amended, the President shall submit a report, taking into account information available to the United States Government, to the Senate and the House of Representatives on achieving the fullest possible accounting of United States personnel unaccounted for from the Vietnam War, including--

      (1) Progress on recovering and repatriating American remains from Vietnam;

      (2) Progress on resolution of discrepancy cases;

      (3) the status of Vietnamese cooperation in implementing trilateral investigations with Laos; and

      (4) Progress on accelerated efforts to obtain all POW/MIA related documents from Vietnam.

SEC. 762. COORDINATOR FOR COUNTER-TERRORISM.

    (a) ESTABLISHMENT- There shall be within the Department of State a Coordinator for Counter-Terrorism (hereafter in this section referred to as the ‘Coordinator’) who shall be appointed by the President.

    (b) RESPONSIBILITIES- (1) The Coordinator shall perform such duties and exercise such power as the Secretary of State shall prescribe.

    (2) The Coordinator shall have as his principal duty the overall supervision (including oversight of policy and resources) of counter-terrorism activities of the Department of State. The Coordinator shall be the principal advisor to the Secretary of State on counter-terrorism matters and (after the Secretary, Deputy Secretary, and the appropriate Under Secretary) shall be the principal counter-terrorism official within the senior management of the Department of State.

    (c) RANK AND STATUS- The Coordinator shall have the rank and status of an Assistant Secretary. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5314 of title 5, United States Code.

    (d) SENSE OF THE SENATE- It is the sense of the Senate that there shall be in the Department of State a Deputy Assistant Secretary of State with the rank of ambassador whose sole responsibility shall be the day-to-day management of counter-terrorism activities in the Department of State.

SEC. 763. POLICY REGARDING THE RELATIONSHIP OF THAILAND WITH ITS NEIGHBORS STRUGGLING FOR DEMOCRACY, CAMBODIA AND BURMA.

    (a) FINDINGS- Congress finds that--

      (1) the Government of Thailand is to be commended for its return to democracy and its commitment to representative government;

      (2) the United States-Thai security relationship is a cornerstone of the Association of Southeast Asian Nations (ASEAN) and a key to stability in Southeast Asia;

      (3) Cambodia, Thailand’s neighbor to the East, is struggling to prevent violence from disrupting the creation of a democratic state;

      (4) the cooperation of Thailand in implementing the Paris Peace Accords was instrumental in assisting Cambodians to achieve their goal of political reconciliation;

      (5) Peace in Cambodia promotes stability in Southeast Asia and the continued cooperation of Thailand in bringing lasting peace to that nation is vital. That peace is threatened by the Khmer Rouge, which has attempted to violently disrupt the Cambodian effort to institute an elected government.

      (6) The Government of Thailand is commended for the steps it has taken to discontinue the Thai relationship with the Khmer Rouge, and in particular its adherence to United Nations sanctions on timber and petroleum trade between Thailand and Khmer controlled areas of Cambodia.

      (7) Prime Minister Chuan Leekpai and the Commander-in-Chief of the Thai military, Wimol Wongawanich, have publicly enunciated a policy of non-support for the Khmer Rouge. Furthermore, Prime Minister Chuan has demonstrated considerable support for the freely elected Government of Cambodia.

      (8) The extent to which the Government of Thailand permits trade and particularly military contact with the armed opposition to the newly elected Cambodian government, directly impact the prospects for peace and political reconciliation in Cambodia.

      (9) Congress is concerned that elements of the Thai military and companies with close links to the Thai military, continue to operate against the will and policy of the government to support the Khmer Rouge.

      (10) Congress is concerned that the Clinton Administration has not articulated its position regarding United States policy toward Burma.

      (11) The Senate unanimously declared in S. Res. 112 that it does not recognize the military junta in Burma known as the State Law and Order Restoration Council (referred to as the ‘SLORC’), since the people of Burma gave the National League for Democracy a clear victory in the election of May 27, 1990.

      (12) Nobel Peace Prize winner Daw Aung San Suu Kyi, a leader of the National League for Democracy, has been under house arrest since July 1989. Many of her colleagues who were able to escape imprisonment or death have taken refuge in Thailand, where they have organized to work peacefully to bring democracy to Burma.

      (13) The Government of Thailand should be praised for providing safe haven to the many Burmese forced to flee the brutal repression of the SLORC regime. Despite pressure from the SLORC, Thailand has allowed those groups to operate within its borders, and has granted visas for international travel.

      (14) Congress is concerned by reports that the Government of Thailand may adopt more restrictive policies towards the Burmese have raised considerable concern. In particular, Congress is concerned by reports that Dr. Sein Win and other Burmese dissidents may not be allowed to return from their trip to the United States and to the United Nations to secure support for their democratic aspirations.

      (15) Congress is deeply interested in seeing the peaceful transition of power to those elected in 1990. Aung San Suu Kyi and other senior National League for Democracy leaders imprisoned in Burmese jails, are unable to conduct political activity inside Burma and have never been allowed to take their elected positions. Those who were able to escape must rely on Thailand’s continued hospitality.

      (16) in recent years there has been an increase in the number of Burmese women and girls conscripted into Thai brothels. Human Rights Watch has recently issued a report documenting the problems faced by these women. Many of these Burmese become virtual slaves, with no way to escape the brothels where they are kept. When these prostitution rings have been broken up by Thai authorities, often those forced into prostitution are detained in jails, or deported to Burma where they are arrested for prostitution, further victimizing them, and

      (17) in 1992, Thai Prime Minister Chuan Leekpai pledged to crack down on official involvement in forced and child prostitution. Congress welcomes the Government of Thailand’s efforts to eliminate forced prostitution. However, Thai border officials and police are reportedly involved in the transport of these women from Burma, and at times, directly in the brothel operations.

    (b) SENSE OF THE CONGRESS- It is the Sense of the Congress that--

      (1) the Government of Thailand should continue and must intensify its efforts to end the relationship between the Khmer Rouge and the Thai military;

      (2) the President of the United States should convey to the Government of Thailand American concern over renegade Thai military support for the Khmer Rouge;

      (3) the President should adopt the policies called for in S. Res. 112 and to clearly enunciate policy with respect to Burma;

      (4) the Government of Thailand should continue to allow the democratic leaders of Burma to operate freely within Thailand and to grant them free passage to allow them to present their case to the world at the United Nations and other international gatherings; and

      (5) the Government of Thailand is further urged to prosecute those responsible for the trafficking, forced labor and physical and sexual abuse of women. If Thai officials are found to be involved, they should be prosecuted to the fullest extent of the law. In addition, the Government of Thailand should protect the civil and human rights of Burmese women and refrain from their further victimization.

SEC. 764. SEWAGE TREATMENT ALONG THE UNITED STATES-MEXICO BORDER.

    (a) DEFINITIONS- As used in this section:

      (1) COMMISSIONER- The term ‘Commissioner’ means the United States Commissioner of the International Boundary and Water Commission.

      (2) CONSTRUCTION- The term ‘construction’ has the meaning provided the term under section 212(1) of the Federal Water Pollution Control Act (33 U.S.C. 1292(1)).

      (3) TREATMENT WORKS- The term ‘treatment works’ has the meaning provided the term under section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)).

    (b) AGREEMENTS TO CORRECT POLLUTION-

      (1) IN GENERAL- The Secretary of State, acting through the Commissioner, may enter into an agreement with the appropriate representative of the Ministry of Foreign Relations of Mexico to address the international problems related to pollution caused by the discharge of raw and inadequately treated sewage originating in the Republic of Mexico to waters which form or cross the boundary between the United States and Mexico.

      (2) CONTENTS OF AGREEMENTS- An agreement entered into under paragraph (1) shall consist of recommendations to the appropriate officials of the Federal Government and the Government of Mexico concerning measures to protect the health and welfare of individuals from adverse effects of the pollution referred to in paragraph (1), including recommendations concerning--

        (A) whether treatment works should be constructed, operated, and maintained in Mexico or the United States;

        (B) estimates of the cost of the planning, construction, operation, and maintenance of the treatment works referred to in subparagraph (A);

        (C) formulas for the initial allocation of costs between the United States and Mexico with respect to the planning, construction, operation, and maintenance of the treatment works referred to in subparagraph (A);

        (D) a method for the review and adjustment of the formulas recommended under subparagraph (C), not later than 5 years after the date of issuance of the formulas, and every 5 years thereafter, that recognizes that the initial formulas should not be used as a precedent with respect to a subsequent review and adjustment carried out pursuant to this subparagraph; and

        (E) an estimated time period for the construction of a treatment works referred to in subparagraph (A).

    (c) AUTHORITY OF SECRETARY OF STATE TO PLAN, CONSTRUCT, OPERATE, AND MAINTAIN FACILITIES- The Secretary of State, acting through the Commissioner, may act jointly with the appropriate representative of the Government of Mexico to supervise--

      (1) the planning of; and

      (2) the construction, operation, and maintenance of,

    the treatment works recommended in an agreement entered into pursuant to subsection (b)(1).

    (d) CONSULTATION WITH THE ADMINISTRATOR AND OTHER OFFICIALS- In carrying out subsection (b), the Secretary shall consult with the Administrator and other appropriate officials of the Federal Government, and appropriate officials of the governments of States and political subdivisions of States.

    (e) Annual Report-

    (1) IN GENERAL- Not later than 90 days after the date of termination of each fiscal year, the Secretary of State, acting through the Commissioner, shall prepare and submit to the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate an annual report concerning the activities of the International Boundary and Water Commission in carrying out the responsibilities of the Secretary of State pursuant to this section.

    (2) CONTENTS- The report required under paragraph (1) shall include--

      (A) a summary of the activities of the Commission during the fiscal year;

      (B) a review of the problems related to pollution caused by the discharge of raw and inadequately treated sewage from the Republic of Mexico to the waters which form or cross the boundary between the United States and Mexico;

      (C) a summary of the progress made by the Commissioner during the fiscal year in entering into agreement pursuant to subsection (b)(1);

      (D) a summary of the progress made toward fulfilling the recommendations included in an agreement referred to in subparagraph (C);

      (E) a summary of any actions taken by the Commissioner to plan, construct, operate, and maintain treatment works pursuant to this section;

      (F) a summary of the consultations made by the Commissioner pursuant to subsection (e);

      (G) recommendations that the Commissioner determines will be beneficial in correcting pollution caused by the discharge of raw and inadequately treated sewage from the Republic of Mexico to waters which form or cross the boundary between the United States and Mexico; and

      (H) such other information as the Commissioner determines is necessary or appropriate.

    (f) Authorization of Appropriations-

      (1) there is authorized to be appropriated to the Secretary of State such sums as may be necessary to support agreements concluded pursuant to subsection (b).

      (2) nothing in this section authorizes funds appropriated pursuant to the fiscal year 1994 appropriations bill for the Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies (Public Law 103-124).

TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994-

SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

    (a) SHORT TITLE- This title may be cited as the ‘Arms Control and Nonproliferation Act of 1994’.

    (b) REFERENCES IN TITLE- Except as specifically provided in this title, whenever in this title an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the Arms Control and Disarmament Act.

SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.

    (a) CONGRESSIONAL DECLARATIONS- The Congress declares that--

      (1) a fundamental goal of the United States, particularly in the wake of the highly turbulent and uncertain international situation fostered by the end of the Cold War, the disintegration of the Soviet Union and the resulting emergence of fifteen new independent states, and the revolutionary changes in Eastern Europe, is to eliminate chemical and biological weapons and to reduce and limit the large numbers of nuclear weapons in the former Soviet Union and, more generally, to prevent the proliferation of weapons of mass destruction and their means of delivery, and of high-technology conventional armaments as well as to prevent regional conflicts and conventional arms races; and

      (2) an ultimate goal of the United States continues to be a world in which the use of force is subordinated to the rule of law and international change is achieved peacefully without the danger and burden of destabilizing and costly armaments.

    (b) PURPOSE- The purpose of this title is--

      (1) to strengthen the United States Arms Control and Disarmament Agency; and

      (2) to improve congressional oversight of the arms control, nonproliferation, and disarmament activities of the United States Arms Control and Disarmament Agency.

SEC. 803. PURPOSES.

    Section 2 (22 U.S.C. 2551) is amended in the text following the third undesignated paragraph by striking paragraphs (a), (b), (c), and (d) and by inserting the following new paragraphs:

      ‘(1) The preparation for and management of United States participation in international negotiations and implementation fora in the arms control and disarmament field.

      ‘(2) When directed by the President, the preparation for, and management of, United States participation in international negotiations and implementation fora in the nonproliferation field.

      ‘(3) The conduct, support, and coordination of research for arms control, nonproliferation, and disarmament policy formulation.

      ‘(4) The preparation for, operation of, or, as appropriate, direction of, United States participation in such control systems as may become part of United States arms control, nonproliferation, and disarmament activities.

      ‘(5) The dissemination and coordination of public information concerning arms control, nonproliferation, and disarmament.’.

SEC. 804. REPEALS.

    The following provisions of law are hereby repealed:

      (1) Section 26 (22 U.S.C. 2566), relating to the General Advisory Committee.

      (2) Section 36 (22 U.S.C. 2578), relating to arms control impact information and analysis.

      (3) Section 38 (22 U.S.C. 2578), relating to reports on Standing Consultative Commission activities.

      (4) Section 1002 of the Department of Defense Authorization Act, 1986 (22 U.S.C. 2592a), relating to an annual report on Soviet compliance with arms control commitments.

SEC. 805. DIRECTOR.

    Section 22 (22 U.S.C. 2562) is amended to read as follows:

‘DIRECTOR

    ‘SEC. 22. (a) APPOINTMENT- The Agency shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Director.

    ‘(b) DUTIES- (1) The Director shall serve as the principal adviser to the Secretary of State, the National Security Council, and the President and other executive branch Government officials on matters relating to arms control, nonproliferation, and disarmament matters. In carrying out his duties under this Act, the Director, under the direction of the President and the Secretary of State, shall have primary responsibility within the Government for matters relating to arms control and disarmament, and, whenever directed by the President, primary responsibility within the Government for matters relating to nonproliferation.

    ‘(2) The Director shall attend all meetings of the National Security Council involving weapons procurement, arms sales, consideration of the defense budget, and all arms control, nonproliferation, and disarmament matters.’.

SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.

    Section 25 (22 U.S.C. 2565) is amended to read as follows:

‘SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

    ‘The Director, under the direction of the Secretary of State, may establish within the Agency such bureaus, offices, and divisions as he may determine to be necessary to discharge his responsibilities pursuant to this Act, including a bureau of intelligence and information support and an office to perform legal services for the Agency.’.

SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.

    (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are redesignated as sections 26 and 27, respectively.

    (b) Section 26 (as redesignated by subsection (a)) is amended to read as follows:

‘PRESIDENTIAL SPECIAL REPRESENTATIVES

    ‘SEC. 26. The President may appoint, by and with the advice and consent of the Senate, Special Representatives of the President for Arms Control, Nonproliferation, and Disarmament. Each Presidential Special Representative shall hold the personal rank of ambassador. Presidential Special Representatives appointed under this section shall perform their duties and exercise their powers under direction of the President and the Secretary of State, acting through the Director. The Agency shall be the Government agency responsible for providing administrative support, including funding, staff, and office space, to all Presidential Special Representatives.’.

SEC. 808. POLICY FORMULATION.

    Section 33 (22 U.S.C. 2573) is amended to read as follows:

‘POLICY FORMULATION

    ‘SEC. 33. (a) FORMULATION- The Director shall prepare for the President, the Secretary of State, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament policy.

    ‘(b) PROHIBITION- No action shall be taken pursuant to this or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.’.

SEC. 809. NEGOTIATION MANAGEMENT.

    Section 34 (22 U.S.C. 2574) is amended to read as follows:

‘NEGOTIATION MANAGEMENT

    ‘SEC. 34. (a) RESPONSIBILITIES- The Director, under the direction of the President and the Secretary of State, shall have primary responsibility for the preparation, conduct, and management of United States participation in all international negotiations and implementation fora in the field of arms control and disarmament and shall have primary responsibility, whenever directed by the President, for the preparation, conduct, and management of United States participation in international negotiations and implementation fora in the field of nonproliferation. In furtherance of these responsibilities Special Representatives of the President for Nonproliferation, established pursuant to section 26, shall, as directed by the President, serve as the United States Government representatives to international organizations, conferences, and activities relating to the field of nonproliferation, such as the preparations for and conduct of the review relating to the Treaty on the Non-Proliferation of Nuclear Weapons.

    ‘(b) FUNCTIONS WITH RESPECT TO THE UNITED STATES INFORMATION AGENCY- The Director shall perform functions pursuant to section 2(c) of the Reorganization Plan 8 of 1953 with respect to providing to the United States Information Agency official United States positions and policy on arms control, nonproliferation, and disarmament matters for dissemination abroad.

    ‘(c) AUTHORITY- The Director is authorized--

      ‘(1) to formulate plans and make preparations for the establishment, operation, and funding of inspections and control systems which may become part of the United States arms control, nonproliferation, and disarmament activities; and

      ‘(2) as authorized by law, to put into effect, direct, or otherwise assume United States responsibility for such systems.’.

SEC. 810. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

    Not later than March 31, 1995, the President shall submit to the Congress a report prepared by the Director of the United States Arms Control and Disarmament Agency, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence, with respect to the procedures established pursuant to section 35 of the Arms Control and Disarmament Act (22 U.S.C. 2575) for the effective coordination of research and development on arms control, nonproliferation, and disarmament among all departments and agencies of the executive branch of Government.

SEC. 811. NEGOTIATING RECORDS.

    (a) IN GENERAL- The Arms Control and Disarmament Act is amended by inserting after section 35 the following:

‘NEGOTIATING RECORDS

    ‘SEC. 36. (a) PREPARATION OF RECORDS- The Director shall establish and maintain records for each arms control, nonproliferation, and disarmament agreement to which the United States is a party and which was under negotiation or in force on or after January 1, 1990, which shall include classified and unclassified materials such as instructions and guidance, position papers, reporting cables and memoranda of conversation, working papers, draft texts of the agreement, diplomatic notes, notes verbal, and other internal and external correspondence.

    ‘(b) NEGOTIATING AND IMPLEMENTATION RECORDS- In particular, the Director shall establish and maintain a negotiating and implementation record for each such agreement, which shall be comprehensive and detailed, and shall document all communications between the parties with respect to such agreement. Such records shall be maintained both in hard copy and magnetic media.

    ‘(c) PARTICIPATION OF AGENCY PERSONNEL- In order to implement effectively this section, the Director shall ensure that Agency personnel participate throughout the negotiation and implementation phases of all arms control, nonproliferation, and disarmament agreements.’.

    (b) REPORT REQUIRED- Not later than January 31, 1995, the Director of the United States Arms Control and Disarmament Agency shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a detailed report describing the actions he has undertaken to implement section 36 of the Arms Control and Disarmament Act.

SEC. 812. VERIFICATION OF COMPLIANCE.

    Section 37 (22 U.S.C. 2577) is amended to read as follows:

‘VERIFICATION OF COMPLIANCE

    ‘SEC. 37. (a) IN GENERAL- In order to ensure that arms control, nonproliferation, and disarmament agreements can be adequately verified, the Director shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress--

      ‘(1) in the case of any arms control, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Director as to the degree to which the components of such agreement can be verified;

      ‘(2) in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant degradation or alteration in the capacity of the United States to verify compliance of the components of such agreement; and

      ‘(3) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament verification.

    ‘(b) STANDARD FOR VERIFICATION OF COMPLIANCE- In making determinations under paragraphs (1) and (2) of subsection (a), the Director shall assume all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification.

    ‘(c) RULE OF CONSTRUCTION- Except as otherwise provided for by law, nothing in this section may be construed as requiring the disclosure of sensitive information relating to intelligence sources or methods or persons employed in the verification of compliance with arms control, nonproliferation, and disarmament agreements.

    ‘(d) PARTICIPATION OF THE AGENCY- In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 51(a)(5), the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.’.

SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.

    (a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT- (1) Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as follows:

    ‘(2) Decisions on issuing export licenses under this section shall 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 whether the export of an article would contribute to an arms race, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that the issuance of an export license under this section would be detrimental to the national security of the United States, to recommend to the President that such export license be disapproved.’.

    (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended--

      (A) by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively;

      (B) by inserting ‘(1)’ immediately after ‘(a)’;

      (C) by amending clause (C) (as redesignated) to read as follows:

      ‘(C) the assessment of the Director of the United States Arms Control and Disarmament Agency as to whether, and the extent to which, such sale might contribute to an arms race, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements;’; and

      (D) by adding at the end the following:

    ‘(2) Any proposed sale made pursuant to this Act shall be approved only after consultation with the Director of the United States Arms Control and Disarmament Agency. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that a sale under this section would be detrimental to the national security of the United States, to recommend to the President that such sale be disapproved.’.

    (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended by inserting ‘and the Director of the Arms Control and Disarmament Agency’ after ‘The Secretary of Defense’.

    (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amended by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘Secretary of Defense’.

    (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is amended by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘The Secretary of Commerce’.

    (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended by inserting ‘to include the Director of the Arms Control and Disarmament Agency’ after ‘other appropriate Government agencies’.

    (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘The Secretary of Commerce’.

    (b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT- Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 U.S.C. 2139(a)) is amended in the second sentence by striking out ‘, as required,’.

SEC. 814. APPOINTMENT AND COMPENSATION OF PERSONNEL.

    Section 41(b) (22 U.S.C. 2581(b)) is amended by striking all that follows ‘General Schedule pay rates,’ and inserting in lieu thereof ‘except that--

      ‘(1) the Director may, to the extent the Director determines necessary, appoint in the excepted service, and fix the compensation of, employees possessing specialized technical expertise without regard to provisions of title 5, United States Code, governing appointment or compensation of employees of the United States,

      ‘(2) an employee who is appointed under this provision may not be paid a salary in excess of the rate payable for positions of equivalent difficulty or responsibility, and in no event, may be paid at a rate exceeding the maximum rate in effect for level 15 of the General Schedule, and

      ‘(3) the number of employees appointed under this paragraph shall not exceed ten percent of the number of positions allowed under the Agency’s full-time equivalent limitation.’.

SEC. 815. SECURITY REQUIREMENTS.

    Section 45(a) (22 U.S.C. 2585) is amended in the third sentence--

      (1) by inserting ‘or employed directly from other Government agencies’ after ‘persons detailed from other Government agencies’; and

      (2) by striking ‘by the Department of Defense or the Department of State’ and inserting ‘by such agencies’.

SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Title IV of the Arms Control and Disarmament Act is amended--

      (1) by striking sections 49 and 50;

      (2) by redesignating sections 51 and 53 as sections 49 and 50, respectively; and

      (3) by inserting after section 50 (as redesignated by paragraph (2)) the following new sections:

‘ANNUAL REPORT TO CONGRESS

    ‘SEC. 51. (a) IN GENERAL- Not later than January 31 of each year, the President 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 prepared by the Director, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and Director of Central Intelligence, on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament. Such report shall include--

      ‘(1) a detailed statement concerning the arms control and disarmament objectives of the executive branch of Government for the forthcoming year;

      ‘(2) a detailed statement concerning the nonproliferation objectives of the executive branch of Government for the forthcoming year;

      ‘(3) a detailed assessment of the status of any ongoing arms control or disarmament negotiations, including a comprehensive description of negotiations or other activities during the preceding year and an appraisal of the status and prospects for the forthcoming year;

      ‘(4) a detailed assessment of the status of any ongoing nonproliferation negotiations or other activities, including a comprehensive description of the negotiations or other activities during the preceding year and an appraisal of the status and prospects for the forthcoming year;

      ‘(5) a detailed assessment of adherence of the United States to obligations undertaken in arms control, nonproliferation, and disarmament agreements, including information on the policies and organization of each relevant agency or department of the United States to ensure adherence to such obligations, a description of national security programs with a direct bearing on questions of adherence to such obligations and of steps being taken to ensure adherence, and a compilation of any substantive questions raised during the preceding year and any corrective action taken; and

      ‘(6) a detailed assessment of the adherence of other nations to obligations undertaken in all arms control, nonproliferation, and disarmament agreements to which the United States is a participating state, including information on actions taken by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control, nonproliferation, or disarmament agreements, and shall include, in the case of each agreement about which compliance questions exist--

        ‘(A) a description of each significant issue raised and efforts made and contemplated with the other participating state to seek resolution of the difficulty;

        ‘(B) an assessment of damage, if any, to the United States security and other interests; and

        ‘(C) recommendations as to any steps that should be considered to redress any damage to United States national security and to reduce compliance problems.

    ‘(b) CLASSIFICATION OF THE REPORT- The report required by this section shall be submitted in unclassified form, with classified annexes, as appropriate.

‘AUTHORIZATION OF APPROPRIATIONS

    ‘SEC. 52. (a) AUTHORIZATION OF APPROPRIATIONS- To carry out the purposes of this Act, there are authorized to be appropriated--

      ‘(1) $57,500,000 for fiscal year 1994 and $59,375,000 for fiscal year 1995; and

      ‘(2) such additional amounts as may be necessary for each fiscal year for which an authorization of appropriations is provided for in paragraph (1) of this subsection for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to offset adverse fluctuations in foreign currency exchange rates.

    ‘(b) TRANSFER OF FUNDS- Funds appropriated pursuant to this section may be allocated or transferred to any agency for carrying out the purposes of this Act. Such funds shall be available for obligation and expenditure in accordance with the authorities of this Act or in accordance with the authorities governing the activities of the agencies to which such funds are allocated or transferred.

    ‘(c) LIMITATION- Not more than 12 percent of any appropriation made pursuant to this Act shall be obligated or reserved during the last month of the fiscal year.’.

    (b) EFFECTIVE DATE- So much of the amendment made by subsection (a) as inserts section 52 of the Arms Control and Disarmament Act shall be deemed to have become effective as of October 1, 1993.

SEC. 817. CONFORMING AMENDMENTS.

    (a) Section 2 (22 U.S.C. 2551) is amended--

      (1) in the second undesignated paragraph, by inserting ‘, nonproliferation,’ after ‘Arms control’; and

      (2) in the second and third undesignated paragraphs, by inserting ‘, nonproliferation,’ after ‘arms control’ each place it appears.

    (b) Section 28 (22 U.S.C. 2568) is amended--

      (1) in the first sentence, by striking ‘field of arms control and disarmament’ and inserting ‘fields of arms control, nonproliferation, and disarmament’; and

      (2) in the second sentence, by inserting ‘, nonproliferation,’ after ‘arms control’.

    (c) Section 31 (22 U.S.C. 2571) is amended--

      (1) in the text above paragraph (a), by striking ‘field of arms control and disarmament’ each of the three places it appears and inserting ‘fields of arms control, nonproliferation, and disarmament’;

      (2) in the first sentence, by inserting ‘and nonproliferation’ after disarmament; and

      (3) in the fourth sentence, by inserting ‘, nonproliferation,’ after arms control each of the eight places it appears.

    (d) Section 35 (22 U.S.C. 2575) is amended by inserting ‘, nonproliferation,’ after ‘arms control’.

    (e) Section 39 (22 U.S.C. 2579) is amended by inserting ‘, nonproliferation,’ after ‘arms control’ each of the two places it appears.

TITLE IX--ANTI-ECONOMIC DISCRIMINATION ACT OF 1994

SEC. 901. SHORT TITLE.

    This title may be cited as the ‘Anti-Economic Discrimination Act of 1994’.

SEC. 902. CONGRESSIONAL FINDINGS.

    The Congress finds that--

      (1) certain countries maintain an economic boycott of Israel, including a secondary boycott of companies that have investments in or trade with Israel;

      (2) the secondary boycott has caused economic damage to the countries that maintain the boycott as well as to Israel;

      (3) the secondary boycott causes great difficulties for United States firms that trade with Israel, depriving them of trade opportunities and violating internationally accepted principles of free trade;

      (4) the United States has a longstanding policy opposing the Arab League boycott and United States law prohibits American firms from providing information to Arab countries to demonstrate compliance with the boycott;

      (5) many American companies may be denied contracts in the West Bank and Gaza for infrastructure development because they conduct business with Israel;

      (6) many American companies may be denied contracts by the Kuwaiti Government for the reconstruction of Kuwait because they conduct business with Israel;

      (7) under the Administration’s leadership the United States has sent a clear, consistent and unambiguous message that the Arab League boycott of companies that do business with Israel is an obstacle to peace and should be terminated;

      (8) the United States has laws prohibiting United States firms from providing Arab states with the requested information about compliance with boycott regulations;

      (9) the United States Trade Representative, in August 1993, commissioned the International Trade Commission to undertake a study of the boycott’s impact on United States businesses which will provide, for the first time, a carefully researched estimate of the impact of the boycott on the United States;

      (10) the Administration has conducted an active diplomatic campaign to convince Arab League countries that the time to end the boycott and economic discrimination against United States businesses is now;

      (11) the Administration’s efforts have produced encouraging developments, as for example, with statements by officials of the Arab League that at its next meeting in March, the Arab League states will consider ending their discrimination against firms that do business with Israel and the decision to postpone the October 1993 meeting of the Central Boycott Committee;

      (12) under United States leadership, the G-7 countries have unconditionally called for an end to the Arab boycott;

      (13) the President, the Vice President, the Secretary of State and other senior Administration officials have assured the Congress that they will speak forcefully and candidly, in every forum which touches upon the search for peace in the Middle East, about the need to end the boycott;

      (14) the Congress wishes to support the efforts of the Administration and to help see the promises made to date translated into tangible results;

      (15) the statements made by Arab leaders must be translated into action, as measured by quarterly reports from the Office of Anti-Boycott Compliance.

SEC. 903. PROHIBITION ON CERTAIN SALES AND LEASES.

    (a) PROHIBITION- No defense article or defense service may be sold or leased by the United States Government to any country or international organization that, as a matter of policy or practice, is known to have sent letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary Arab boycott, unless the President determines, and so certifies to the appropriate congressional committees, that that country or organization does not currently maintain a policy or practice of making such requests or solicitations.

    (b) WAIVER-

      (1) 1-YEAR WAIVER- On or after the effective date of this section, the President may waive, for a period of 1 year, the application of subsection (a) with respect to any country or organization if the President determines, and reports to the appropriate congressional committees, that--

        (A) such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or

        (B) such waiver is in the national security interest of the United States.

      (2) EXTENSION OF WAIVER- If the President determines that the further extension of a waiver will promote the objectives of this section, the President, upon notification of the appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods.

      (3) TERMINATION OF WAIVER- The President may, at any time, terminate any waiver granted under this subsection.

    (c) DEFINITIONS- As used in this section--

      (1) the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and

      (2) the terms ‘defense article’ and ‘defense service’ have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act.

    (d) EFFECTIVE DATE- This section shall take effect 1 year after the date of enactment of this Act.

TITLE X--MIDDLE EAST PEACE FACILITATION

SEC. 1001. SHORT TITLE.

    This title may be cited as the ‘Middle East Peace Facilitation Act of 1994’.

SEC. 1002. FINDINGS.

    The Congress finds that--

      (1) the Palestine Liberation Organization has recognized the State of Israel’s right to exist in peace and security and to amend its covenant to recognize that fact; accepted United Nations Security Council Resolutions 242 and 338; committed itself to the peace process and peaceful coexistence with Israel, free from violence and all other acts which endanger peace and stability; and assumed responsibility over all Palestine Liberation Organization elements and personnel in order to assure their compliance, prevent violations, and discipline violators;

      (2) Israel has recognized the Palestine Liberation Organization as the representative of the Palestinian people;

      (3) Israel and the Palestine Liberation Organization signed a Declaration of Principles on Interim Self-Government Arrangements on September 13, 1993, at the White House;

      (4) the United States has resumed a bilateral dialogue with the Palestine Liberation Organization; and

      (5) in order to implement the Declaration of Principles on Interim Self-Government Arrangements and facilitate the Middle East peace process, the President has requested flexibility to suspend certain provisions of law pertaining to the Palestine Liberation Organization.

SEC. 1003. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) IN GENERAL- Subject to subsection (b), beginning July 1, 1994, the President may suspend for a period of not more than 180 days any provision of law specified in subsection (c). The President may continue the suspension for a period or periods of not more than 180 days if, before each such period, the President satisfies the requirements of subsection (b). Any suspension shall cease to be effective after 180 days, or at such earlier date as the President may specify.

    (b) CONDITIONS-

      (1) CONSULTATION- Prior to each exercise of the authority provided in subsection (a), the President shall consult with the relevant congressional committees. The President may not exercise that authority until 30 days after a written policy justification is submitted to the relevant Congressional Committees.

      (2) PRESIDENTIAL CERTIFICATION- The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that--

        (A) it is in the national interest of the United States to exercise such authority; and

        (B) the Palestine Liberation Organization continues to abide in good faith by all the commitments described in paragraph (4).

      (3) REQUIREMENT FOR CONTINUING PLO COMPLIANCE- Any suspension under subsection (a) of a provision of law specified in subsection (c) shall cease to be effective if the President certifies to the relevant congressional committees, or if the Congress determines by Joint Resolution, that the Palestine Liberation Organization has not continued to abide in good faith by all the commitments described in paragraph (4).

        (A) Any joint resolution under this subsection 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.

        (B) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

      (4) PLO COMMITMENTS DESCRIBED- The commitments referred to in paragraphs (2) and (3) are the commitments made by the Palestine Liberation Organization--

        (A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to--

          (i) recognize the right of the State of Israel to exist in peace and security;

          (ii) accept United Nations Security Council Resolutions 242 and 338;

          (iii) renounce the use of terrorism and other acts of violence;

          (iv) assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations and discipline violators;

          (v) call upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, and contributing to peace and stability; and

          (vi) submit to the Palestine National Council for formal approval the necessary changes to the Palestinian Covenant regarding recognizing Israel’s right to exist in peace and security, and

        (B) in, and resulting from the implementation of, the Declaration of Principles on Interim Self-Government Arrangements signed on September 13, 1993.

    (c) PROVISIONS THAT MAY BE SUSPENDED- The provisions that may be suspended under the authority of subsection (a) are the following:

      (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the Palestine Liberation Organization or entities associated with it.

      (2) Section 114 of the Department of State Authorization Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the Palestine Liberation Organization or entities associated with it.

      (3) Section 1003 of the Foreign Relations Authorization Act, Fiscal years 1988 and 1989 (22 U.S.C. 5202).

      (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286w) as it applies to the granting to the Palestine Liberation Organization of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term ‘other official status’ does not include membership in the International Monetary Fund.

    (d) RELEVENT CONGRESSIONAL COMMITTEES DEFINED- As used in this section, the term ‘relevant congressional committees’ means--

      (1) the Committee on Foreign Affairs, the Committee on Banking, Finance and Urban Affairs, and the Committee on Appropriations of the House of Representatives; and

      (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

TITLE XI--IRAN-IRAQ ARMS NON-PROLIFERATION AMENDMENTS OF 1994

SEC. 1101. SHORT TITLE, REFERENCES IN TITLE.

    (a) SHORT TITLE- This title may be cited as the ‘Iran-Iraq Arms Non-Proliferation Amendments of 1994’.

    (b) REFERENCE IN TITLE- Except as specifically provided in this title, whenever in this title an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the National Defense Authorization Act for Fiscal Year 1993.

SEC. 1102. STATEMENT OF POLICY.

    It is the policy of the United States to halt the proliferation of advanced conventional weapons within Iran and Iraq.

SEC. 1103. STATEMENT OF PURPOSE.

    It is the purpose of this title to impose additional sanctions against those foreign countries and persons that transfer destabilizing numbers and types of advanced conventional weapons, or goods and technology that assist in enhancing the capabilities of Iran and Iraq to manufacture and deliver such weapons.

SEC. 1104. SANCTIONS AGAINST PERSONS.

    Section 1604 is amended to read as follows:

    ‘(a) PROHIBITION- If the President determines that any person has transferred or retransferred goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire destabilizing numbers and types of advanced conventional weapons, then--

      ‘(1) the sanctions described in subsection (b) shall be imposed; and

      ‘(2) the President may apply, in the discretion of the President, the sanctions described in subsection (c).

    ‘(b) MANDATORY SANCTIONS- The sanctions to be imposed pursuant to subsection (a)(1) are as follows:

      ‘(1) PROCUREMENT SANCTION- Except as provided in subsection (d), the United States Government shall not procure directly or indirectly, or enter into any contract for the procurement of, any goods or services from the sanctioned person.

      ‘(2) EXPORT SANCTION- The United States Government shall not issue any license for any export by or to the sanctioned person.

    ‘(c) DISCRETIONARY SANCTIONS- The sanctions referred to in subsection (a)(2) are as follows:

      ‘(1) TRANSITING UNITED STATES TERRITORY-

        ‘(A) Notwithstanding any other provision of law (other than a treaty or other international agreement), no employee or official of a sanctioned person and no good or technology that is manufactured, produced, sold, or shipped by the sanctioned person may transit by vessel or aircraft any territory subject to the jurisdiction of the United States. The Secretary of Transportation may promulgate regulations, as necessary, to provide for the implementation of this sanction in the most effective manner.

        ‘(B) The Secretary of Transportation may provide for such exceptions from this paragraph as the Secretary considers in the interest of the United States.

      ‘(2) FINANCIAL INSTITUTIONS- (A) The President may by order prohibit any depositary institution that is chartered by, or that has its principal place of business within, a State or the United States from making any loan or providing any credit to the sanctioned person, except for loans or credits for the purpose of purchasing food or other agricultural commodities.

      ‘(B) As used in this paragraph, the term ‘depository institution’ means a bank or savings association, as defined in section 3 of the Federal Deposit Insurance Act.

      ‘(3) USE OF AUTHORITIES OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT- The President may exercise the authorities of the International Emergency Economic Powers Act to prohibit any transaction involving any property in which the sanctioned person has any interest whatsoever except for transactions involving the provision of humanitarian assistance.

      ‘(4) PROHIBITION ON VESSELS THAT ENTER PORTS OF SANCTIONED COUNTRIES TO ENGAGE IN TRADE-

        ‘(A) IN GENERAL- Beginning on the 10th day after a sanction is imposed under this Act against a country, a vessel which enters a port or place in the sanctioned country to engage in the trade of goods or services may not if the President so requires within 180 days after departure from such port or place in the sanctioned country, load or unload any freight at any place in the United States.

        ‘(B) DEFINITIONS- As used in this paragraph, the term ‘vessel’ includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft.

    ‘(d) EXCEPTIONS- The sanction described in subsection (b)(1) shall not apply--

      ‘(1) in the case of procurement of defense articles or defense services--

        ‘(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy operational military requirements essential to the national security of the United States;

        ‘(B) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or

        ‘(C) if the President determines that such articles or services are essential to the national security under defense coproduction agreements;

      ‘(2) to products or services provided under contracts entered into before the date on which the President makes a determination under subsection (a);

      ‘(3) in the case of contracts entered into before the date on which the President makes a determination under subsection (a), with respect to--

        ‘(A) spare parts which are essential to United States products or production; or

        ‘(B) component parts, but not finished products, essential to United States products or production; or

        ‘(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;

      ‘(4) to information and technology essential to United States products or production; or

      ‘(5) to medical or other humanitarian items.

    ‘(e) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION-

      ‘(1) CONSULTATIONS- Whenever the President makes a determination under subsection (a) with respect to a foreign person, the Congress urges the President--

        ‘(A) to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section; and, as appropriate,

        ‘(B) to take steps in the United Nations and other multilateral groups to negotiate comprehensive multilateral sanctions pursuant to the provisions of chapter 7 of the United Nations Charter, including a partial or complete embargo, against the government of the foreign country of primary jurisdiction over that sanctioned person, as long as that government has not taken specific and effective actions, including appropriate penalties, to terminate the involvement of the sanctioned person or firm in the activities described in section 1604(a).

      ‘(2) ACTIONS BY GOVERNMENT OF JURISDICTION- In order to pursue such consultations with the government, the President may delay imposition of sanctions pursuant to subsections (b) and (c) for up to 90 days. Following these consultations, the President shall impose sanctions immediately unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a). The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence.

      ‘(3) REPORT TO CONGRESS- Not later than 90 days after the application of sanctions under this section, the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.’.

SEC. 1105. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    Section 1605 is amended--

      (1) in subsection (a)(2), by striking ‘sanction’ and inserting ‘sanctions’;

      (2) in subsection (c)--

        (A) by striking ‘SANCTION- The sanction referred to in subsection (a)(2) is’ and inserting ‘SANCTIONS- The sanctions referred to in subsection (a)(2) are’; and

        (B) by adding at the end the following new paragraphs:

      ‘(3) DIPLOMATIC RELATIONS- The President is urged to downgrade or suspend diplomatic relations between the United States and the government of the sanctioned country.

      ‘(4) SUSPENSION OF TRADE AGREEMENTS- The President may exercise the authorities of the International Emergency Economic Powers Act to suspend any trade agreement with the sanctioned country, except those affecting imports into the United States for the sanctioned country.

      ‘(5) REVOCATIONS OF LICENSES FOR EXPORT OF NUCLEAR MATERIAL- The Nuclear Regulatory Commission is authorized to revoke any license for the export of nuclear material pursuant to a nuclear cooperation agreement with the sanctioned country.

      ‘(6) PRESIDENTIAL ACTION REGARDING AVIATION-

        ‘(A)(i) The President is authorized to notify the government of a sanctioned country of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States.

        ‘(ii) The President is authorized to direct the Secretary of Transportation to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.

        ‘(B)(i) The President may direct the Secretary of State to terminate any air service agreement between the United States and a sanctioned country in accordance with the provisions of that agreement.

        ‘(ii) Upon termination of an agreement under this subparagraph, the Secretary of Transportation is authorized to take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States.

        ‘(C) The President may direct the Secretary of Transportation to provide for such exceptions from this subsection as the President considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened.

        ‘(D) For purposes of this paragraph, the terms ‘aircraft’, ‘air carrier’, ‘air transportation’, and ‘foreign air carrier’ have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301).

      ‘(7) OTHER SANCTIONS- The President may apply the sanctions described in section 1605(c) with respect to actions of a foreign government.’.

SEC. 1106. WAIVER.

    Section 1606 is amended--

      (1) by striking ‘waiver’ each place it appears and inserting ‘modification, and waiver’; and

      (2) by striking ‘waive’ each place it appears and inserting ‘modify or waive’.

SEC. 1107. TERMINATION OF SANCTIONS.

    The Act is amended by inserting after section 1606 the following new section:

‘SEC. 1606A. TERMINATION OF SANCTIONS.

    ‘Except as otherwise provided in this title, the sanctions imposed pursuant to the Act shall apply for a period of at least 24 months following the imposition of sanctions and shall case to apply thereafter only if the President determines and certifies to the Congress that--

      ‘(1) reliable information indicates that the government of jurisdiction has taken specific and effective action, including appropriate penalties, to terminate the involvement of the sanctioned person in the sanctionable activity;

      ‘(2) the President has received reliable assurances from the sanctioned government that such government will not, in the future, violate this Act.’.

SEC. 1108. STAY OF SANCTIONS.

    The Act is amended by inserting after section 1607 the following new section:

    ‘(a) CRITERION FOR STAY- The President may stay the imposition of any sanction on any entity in order to protect--

      ‘(1) ongoing criminal investigations, or

      ‘(2) sensitive intelligence sources and methods which are being used to acquire further information on the proliferation of advanced conventional weapons, weapons of mass destruction, or missiles that would be comprised by the publication of the sanctioned entity’s name.

    ‘(b) DETERMINATION- The President shall exercise the authority described in paragraph (1) only when the President determines that the non-proliferation goals of the Act are better served by delaying the imposition of sanctions rather than by compromising the criminal investigation or intelligence sources and methods at issue.

    ‘(c) LIFTING OF STAY- The President shall lift any stay imposed pursuant to this subsection as soon as the basis for the determination made pursuant to paragraph (2) no longer exists.

    ‘(d) NOTIFICATION AND REPORT TO CONGRESS- Whenever the duration of any stay imposed pursuant to this subsection exceeds 120 days, the President shall promptly report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the rationale and circumstances that led the President to exercise the stay authority.’.

SEC. 1109. RULES AND REGULATIONS.

    The Act is amended by inserting after section 1607 the following new section:

‘SEC. 1607A. RULES AND REGULATIONS.

    ‘The President is authorized to prescribe such rules and regulations as the President may require to carry out this Act.’.

SEC. 1110. DEFINITIONS.

    Section 1608 is amended by adding at the end the following new paragraph;

    ‘(8) The term ‘goods or technology’ includes any item of the type that is listed on the Nuclear Referral List under section 309(c) of the Nuclear Non-Proliferation Act of 1978, the United States Munitions List (established in section 38 of the Arms Export Control Act), or the MTCR Annex (as defined in section 74(4) of the Arms Export Control Act) or any item that is subject to licensing by the Nuclear Regulatory Commission.

    ‘(9) The term ‘United States’ includes territories and possessions of the United States and the customs waters of the United States, as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).’.

SEC. 1111. SENSE OF THE SENATE.

    Whereas both Iran and Iraq have re-emerged as continuing threats to the peace and stability of the Middle East and thus pose a threat to the stability of the post-Cold War world, it is the sense of the Senate that the conference agreement on H.R. 2333 should include as additional discretionary sanctions under section 1105 of this title denial of Most-Favored-Nation status to a sanctioned country and suspension of special trade privileges for a sanctioned country which were extended pursuant to the Generalized System of Preferences or the Caribbean Basin Initiative.

TITLE XII--IMMIGRATION AND NATIONALITY ACT

SEC. 1201. ALIEN PHYSICALLY PRESENT IN UNITED STATES.

    Section 245 of the Immigration and Nationality Act, as amended (8 U.S.C. 1255), is amended by adding at the end thereof the following new subsection:

    ‘(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who (A) entered the United States without inspection; or (B) is within one of the classes enumerated in subsection (c) of this section may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equalling five times the fee required for the processing of applications under this section as of the date of receipt of the application. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section.

    ‘(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if (A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (B) an immigrant visa is immediately available to the alien at the time the application is filed.

    ‘(3) Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sections 286 (m), (n), and (o) of this title.’.

SEC. 1202. ALIEN VISA.

    Section 212(a)(9) of the Immigration and Nationality Act, as amended (8 U.S.C. 1182(a)(9)), is amended by adding at the end thereof the following:

        ‘(D) An alien applying for an immigrant visa who has been physically present in the United States within the ninety day period immediately preceding the date of such application is excludable.’.

TITLE XIII--NUCLEAR PROLIFERATION PREVENTION ACT OF 1994

SEC. 1301. SHORT TITLE.

    This title may be cited as the ‘Nuclear Proliferation Prevention Act of 1994’.

Subtitle A--Reporting on Nuclear Exports

SEC. 1311. REPORTS TO CONGRESS.

    Section 601(a) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3281(a)) is amended--

      (1) in paragraph (4), by striking ‘and’ after the semicolon;

      (2) in paragraph (5), by striking the period and inserting a semicolon; and

      (3) by adding after paragraph (5) the following:

      ‘(6) a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and destination of--

        ‘(A) all transactions for which--

          ‘(i) an export license was issued for any good controlled under section 309(c) of the Nuclear Non-Proliferation Act of 1978;

          ‘(ii) an export license was issued under section 109 b. of the 1954 Act;

          ‘(iii) approvals were issued under the Export Administration Act of 1979, or section 109 b.(3) of the 1954 Act, for the retransfer of any item, technical data, component, or substance; or

          ‘(iv) authorizations were made as required by section 57 b.(2) of the 1954 Act to engage, directly or indirectly, in the production of special nuclear material;

        ‘(B) each instance in which--

          ‘(i) a sanction has been imposed under section 1321(a) of the Nuclear Proliferation Prevention Act of 1994, section 1002(b)(1) of the Arms Export Control Act, or section 601 or 602 of the Federal Deposit Insurance Corporation Improvement Act of 1991;

          ‘(ii) sales or leases have been denied under section 3(f) of the Arms Export Control Act or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in section 40(d) of that Act;

          ‘(iii) a sanction has not been imposed by reason of section 1321(c)(2) of the Nuclear Proliferation Prevention Act of 1994 or the imposition of a sanction has been delayed under section 1002(b)(4) of the Arms Export Control Act; or

          ‘(iv) a waiver of a sanction has been made under--

            ‘(I) section 1321(f) of the Nuclear Proliferation Prevention Act of 1994,

            ‘(II) section 620E(d) of the Foreign Assistance Act of 1961, or paragraph (5) or (6)(B) of section 1002(b) of the Arms Export Control Act,

            ‘(III) section 605 of the Federal Deposit Insurance Corporation Improvement Act of 1991;

            ‘(IV) section 40(g) of the Arms Export Control Act with respect to the last sentence of section 40(d) of that Act, or

            ‘(V) section 614 of the Foreign Assistance Act of 1961 with respect to section 620E of that Act or section 3(f), the last sentence of section 40(d), or 1002(b)(1) of the Arms Export Control Act; and

        ‘(C) the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities.

    Portions of the information required by paragraph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(1) of the Export Administration Act of 1979 shall be submitted as confidential.’.

Subtitle B--Sanction for Nuclear Proliferation

SEC. 1321. IMPOSITION OF SANCTION.

    (a) DETERMINATION BY THE PRESIDENT-

      (1) IN GENERAL- Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that a foreign person or a United States person, on or after the effective date of this subtitle, has materially and with requisite knowledge contributed--

        (A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States, or

        (B) through the export from any other country of any goods or technology that would be, if they were exported from the United States, subject to the jurisdiction of the United States,

      to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device.

      (2) PERSONS AGAINST WHICH THE SANCTION IS TO BE IMPOSED- The sanction shall be imposed pursuant to paragraph (1) on--

        (A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph;

        (B) any successor entity to that foreign person or United States person;

        (C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and

        (D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that foreign person.

      (3) OTHER SANCTIONS AVAILABLE- The sanctions which are required to be imposed for activities described in this subsection are in addition to any other sanction which may be imposed for the same activities under any other provision of law.

      (4) DEFINITION- For purposes of this subsection, the term ‘requisite knowledge’ means situations in which a person ‘knows’, as ‘knowing’ is defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).

    (b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION-

      (1) CONSULTATIONS- If the President makes a determination described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of the sanction pursuant to this section.

      (2) ACTIONS BY GOVERNMENT OF JURISDICTION- In order to pursue such consultations with that government, the President may delay imposition of the sanction pursuant to this section for up to 90 days. Following these consultations, the President shall impose the sanction unless the President determines and certifies in writing to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay the imposition of the sanction for up to an additional 90 days if the President determines and certifies in writing to the Congress that that government is in the process of taking the actions described in the preceding sentence.

      (3) REPORT TO CONGRESS- Not later than 90 days after making a determination under subsection (a)(1), the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.

    (c) SANCTION-

      (1) DESCRIPTION OF SANCTION- The sanction to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, that the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(2).

      (2) EXCEPTIONS- The President shall not be required to apply or maintain the sanction under this section--

        (A) in the case of procurement of defense articles or defense services--

          (i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;

          (ii) if the President determines in writing that the person or other entity to which the sanction would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or

          (iii) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;

        (B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction;

        (C) to--

          (i) spare parts which are essential to United States products or production;

          (ii) component parts, but not finished products, essential to United States products or production; or

          (iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;

        (D) to information and technology essential to United States products or production; or

        (E) to medical or other humanitarian items.

    (d) ADVISORY OPINIONS- Upon the request of any person, the Secretary of State may, in consultation with the Secretary of Defense, issue in writing an advisory opinion to that person as to whether a proposed activity by that person would subject that person to the sanction under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanction, and any person who thereafter engages in such activity, may not be made subject to such sanction on account of such activity.

    (e) TERMINATION OF THE SANCTION- The sanction imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of the sanction and shall cease to apply thereafter only if the President determines and certifies in writing to the Congress that--

      (1) reliable information indicates that the foreign person or United States person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in that subsection; and

      (2) the President has received reliable assurances from the foreign person or United States person, as the case may be, that such person will not, in the future, aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in subsection (a)(1).

    (f) WAIVER-

      (1) CRITERION FOR WAIVER- The President may waive the application of the sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies in writing to the Congress that the continued imposition of the sanction would have a serious adverse effect on vital United States interests.

      (2) NOTIFICATION OF AND REPORT TO CONGRESS- If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.

    (g) DEFINITIONS- For purposes of this section--

      (1) the term ‘foreign person’ means--

        (A) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or

        (B) a corporation, partnership, or other nongovernment entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States; and

      (2) the term ‘United States person’ means--

        (A) an individual who is a citizen of the United States or an alien admitted for permanent residence to the United States; or

        (B) a corporation, partnership, or other entity which is not a foreign person.

SEC. 1322. ELIGIBILITY FOR ASSISTANCE.

    (a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT- (1) Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following new subsection:

    ‘(f) No sales or leases shall be made to any country that the President has determined is in material breach of its binding commitments to the United States under international treaties or agreements concerning the nonproliferation of nuclear explosive devices (as defined in section 1330(3) of the Nuclear Proliferation Prevention Act of 1994) and unsafeguarded special nuclear material (as defined in section 1330(6) of that Act).’.

    (2) Section 40 of such Act (22 U.S.C. 2780) is amended--

      (A) in subsection (d), by adding at the end the following new sentence: ‘For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.’; and

      (B) in subsection (l)--

        (i) in paragraph (2), by striking ‘and’ after the semicolon;

        (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and

        (iii) by adding at the end the following:

      ‘(4) the term ‘nuclear explosive device’ has the meaning given that term in section 1330(3) of the Nuclear Proliferation Prevention Act of 1994; and

      ‘(5) the term ‘unsafeguarded special nuclear material’ has the meaning given that term in section 1330(6) of the Nuclear Proliferation Prevention Act of 1994.’.

    (b) AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961-

      (1) Notwithstanding any other provision of law, Presidential Determination No. 82-7 of February 10, 1982, made pursuant to section 670(a)(2) of the Foreign Assistance Act of 1961, shall have no force or effect with respect to any grounds for the prohibition of assistance under section 1002(a)(1) of the Arms Eport Act arising on or after the effective date of this subtitle.

      (2) Section 620E(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as follows:

    ‘(d) The President may waive the prohibitions of section 1001 of the Arms Export Control Act with respect to any grounds for the prohibition of assistance under that section arising before the effective date of subtitle B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States.’.

SEC. 1323. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) IN GENERAL- The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 701(a) of the International Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the United States to oppose any direct or indirect use of the institution’s funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.

    (b) DUTIES OF UNITED STATES EXECUTIVE DIRECTORS- Section 701(b)(3) of the International Financial Institutions Act (22 U.S.C. 262d(b)(3)) is amended to read as follows:

      ‘(3) whether the recipient country--

        ‘(A) is seeking to acquire unsafeguarded special nuclear material (as defined in section 1330(6) of the Nuclear Proliferation Prevention Act of 1994) or a nuclear explosive device (as defined in section 1330(3) of that Act);

        ‘(B) is not a State Party to the Treaty on Non-Proliferation of Nuclear Weapons; or

        ‘(C) has detonated a nuclear explosive device; and’.

SEC. 1324. AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991.

    The Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by adding at the end the following new title:

‘TITLE VI--SANCTIONS ON FINANCIAL INSTITUTIONS

‘SEC. 601. PRESIDENTIAL DETERMINATION.

    ‘(a) IN GENERAL- The prohibitions in section 603 shall be imposed on a financial institution if the President determines in writing that such financial institution, on or after the date which is 60 days after the date of enactment of this section, has materially and with requisite knowledge contributed, through provision of financing or other services, to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device, as these standards and terms would be applied under section 1321(a) of the Nuclear Proliferation Prevention Act of 1994.

    ‘(b) PRESIDENTIAL ORDER- Whenever the President makes a determination under subsection (a) with respect to a financial institution, the President shall issue an order specifying a date within 180 days after such determination on which the prohibitions in section 603 shall begin to apply to such institution.

‘SEC. 602. ADDITIONAL ENTITIES AGAINST WHICH SANCTIONS ARE TO BE IMPOSED.

    ‘The prohibitions described in section 603 shall also be imposed, pursuant to section 601, on--

      ‘(1) any successor entity to the financial institution with respect to which the President makes a determination under section 601(a);

      ‘(2) any foreign person or United States person that is a parent or subsidiary of that financial institution if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and

      ‘(3) any foreign person or United States person that is an affiliate of that financial institution if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of such determination and if that affiliate is controlled in fact by that financial institution.

‘SEC. 603. PROHIBITIONS.

    ‘The following prohibitions shall apply to a financial institution with respect to which a determination is made under section 601(a) and to the entities described in section 602:

      ‘(1) BAN ON DEALINGS IN GOVERNMENT FINANCE-

        ‘(A) DESIGNATION AS PRIMARY DEALER- Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution or any such entity as a primary dealer in United States Government debt instruments.

        ‘(B) GOVERNMENT FUNDS- Such financial institution or any such entity shall not serve as agent of the United States Government or serve as repository for United States Government funds.

      ‘(2) RESTRICTIONS ON OPERATIONS- Such financial institution or any such entity shall not, directly or indirectly--

        ‘(A) commence any line of business in the United States in which it was not engaged as of the date of the determination; or

        ‘(B) conduct business from any location in the United States at which it did not conduct business as of the date of the determination.

‘SEC. 604. CONDITIONS AND TERMINATION OF SANCTIONS.

    ‘The same requirements for consultation with the foreign government of jurisdiction, where appropriate, and for termination of sanctions shall apply under this title as are provided in subsections (b) and (e), respectively, of section 1321 of the Nuclear Proliferation Prevention Act of 1994.

‘SEC. 605. WAIVER.

    ‘The President may waive the imposition of any prohibition imposed on any financial institution or other entity pursuant to section 601 or 602 if the President determines and certifies in writing to the Congress that the imposition of such prohibition would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems.

‘SEC. 606. DEFINITIONS.

    ‘As used in this title--

      ‘(1) the term ‘financial institution’ includes--

        ‘(A) a depository institution, including a branch or agency of a foreign bank;

        ‘(B) a securities firm, including a broker or dealer;

        ‘(C) an insurance company, including an agency or underwriter;

        ‘(D) any other company that provides primarily financial services; or

        ‘(E) any subsidiary of any entity described in subparagraph (A), (B), (C), or (D);

      ‘(2) the term ‘requisite knowledge’ means situations in which a person ‘knows’, as ‘knowing’ is defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2); and

      ‘(3) the terms ‘foreign person’ and ‘United States person’ have the meanings given those terms in section 1321(g) of the Nuclear Proliferation Prevention Act of 1994.’.

SEC. 1325. EXPORT-IMPORT BANK.

    Section 2(b)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(4)) is amended in the first sentence by inserting after ‘device’ the following: ‘(as defined in section 1330(3) of the Nuclear Proliferation Prevention Act of 1994), or that any country has willfully aided or abetted any non-nuclear-weapon state (as defined in section 1330(4) of that Act) to acquire any such nuclear explosive device or to acquire unsafeguarded special nuclear material (as defined in section 1330(6) of that Act).’.

SEC. 1326. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.

    (a) IN GENERAL- The Arms Export Control Act is amended by adding at the end the following new chapter:

‘CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS

‘SEC. 1001. NUCLEAR ENRICHMENT TRANSFERS.

    ‘(a) PROHIBITIONS; SAFEGUARDS AND MANAGEMENT- Except as provided in subsection (b) of this section, no funds authorized to be appropriated by the Foreign Assistance Act of 1961 or this Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act, or extending military credits or making guarantees, to any country which, on or after August 4, 1977, delivers nuclear enrichment equipment, materials, or technology to any other country, or receives such equipment, materials, or technology from any other country, unless before such delivery--

      ‘(1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and

      ‘(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.

    ‘(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF CONTINUED ASSISTANCE; CONCURRENT RESOLUTION OF DISAPPROVAL BY CONGRESS- (1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that--

      ‘(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and

      ‘(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.

    Such certification shall set forth the reasons supporting such determination in each particular case.

    ‘(2)(A) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within thirty calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.

    ‘(B) Any concurrent resolution under this paragraph 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.

    ‘(C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

‘SEC. 1002. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR DETONATIONS.

    ‘(a) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN TRANSFER OF NUCLEAR REPROCESSING EQUIPMENT, MATERIALS, OR TECHNOLOGY; EXCEPTIONS; PROCEDURES APPLICABLE- (1) Except as provided in paragraph (2) of this subsection, no funds authorized to be appropriated by the Foreign Assistance Act of 1961 or this Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act, or extending military credits or making guarantees, to any country which (A) on or after August 4, 1977, delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country (except for the transfer of reprocessing technology associated with the investigation, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing), or (B) is a non-nuclear-weapon state which, on or after August 8, 1985, exports illegally (or attempts to export illegally) from the United States any material, equipment, or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device. For purposes of clause (B), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country.

    ‘(2) Notwithstanding paragraph (1) of this subsection, the President in any fiscal year may furnish assistance which would otherwise be prohibited under that paragraph if he determines and certifies in writing during that fiscal year to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.

    ‘(3)(A) A certification under paragraph (2) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.

    ‘(B) Any concurrent resolution under this paragraph 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.

    ‘(C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

    ‘(b) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN TRANSFER OR USE OF NUCLEAR EXPLOSIVE DEVICES; EXCEPTIONS; PROCEDURES APPLICABLE- (1) Except as provided in paragraphs (4), (5), and (6), in the event that the President determines that any country, after the effective date of subtitle B of the Nuclear Proliferation Prevention Act of 1994--

      ‘(A) transfers to a non-nuclear-weapon state a nuclear explosive device,

      ‘(B) is a non-nuclear-weapon state and either--

        ‘(i) receives a nuclear explosive device, or

        ‘(ii) detonates a nuclear explosive device,

      ‘(C) transfers to a non-nuclear-weapon state any design information or component which is determined by the President to be important to, and known by the transferring country to be intended by the recipient state for use in, the development or manufacture of any nuclear explosive device, or

      ‘(D) is a non-nuclear-weapon state and has sought and received any design information or component which is determined by the President to be important to, and intended by the recipient state for use in, the development or manufacture of any nuclear explosive device,

    then the President shall forthwith report in writing his determination to the Congress and shall forthwith impose the sanctions described in paragraph (2) against that country.

    ‘(2) The sanctions referred to in paragraph (1) are as follows:

      ‘(A) The United States Government shall terminate assistance to that country under this Act, except for humanitarian assistance or food or other agricultural commodities.

      ‘(B) The United States Government shall terminate--

        ‘(i) sales to that country under the Arms Export Control Act of any defense articles, defense services, or design and construction services, and

        ‘(ii) licenses for the export to that country of any item on the United States Munitions List.

      ‘(C) The United States Government shall terminate all foreign military financing for that country under this Act.

      ‘(D) The United States Government shall deny to that country any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, except that the sanction of this subparagraph shall not apply--

        ‘(i) to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities), or

        ‘(ii) to humanitarian assistance.

      ‘(E) The United States Government shall oppose, in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d), the extension of any loan or financial or technical assistance to that country by any international financial institution.

      ‘(F) The United States Government shall prohibit any United States bank from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other agricultural commodities.

      ‘(G) The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit exports to that country of specific goods and technology (excluding food and other agricultural commodities), except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (relating to congressional oversight of intelligence activities).

    ‘(3) As used in this subsection--

      ‘(A) the term ‘design information’ means specific information that relates to the design of a nuclear explosive device and that is not available to the public; and

      ‘(B) the term ‘component’ means a specific component of a nuclear explosive device.

    ‘(4)(A) Notwithstanding paragraph (1) of this subsection, the President may, for a period of not more than 30 days of continuous session, delay the imposition of sanctions which would otherwise be required under paragraph (1)(A) or (1)(B) of this subsection if the President first transmits to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a certification that he has determined that an immediate imposition of sanctions on that country would be detrimental to the national security of the United States. Not more than one such certification may be transmitted for a country with respect to the same detonation, transfer, or receipt of a nuclear explosive device.

    ‘(B) If the President transmits a certification to the Congress under subparagraph (A), a joint resolution which would permit the President to exercise the waiver authority of paragraph (5) of this subsection shall, if introduced in either House within thirty days of continuous session after the Congress receives this certification, be considered in the Senate and House of Representatives in accordance with subparagraphs (C) and (D) of this paragraph.

    ‘(C) Any joint resolution under this paragraph 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.

    ‘(D) For the purpose of expediting the consideration and adoption of joint resolutions under this paragraph, a motion to proceed to the consideration of such a joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

    ‘(E) For purposes of this paragraph, the term ‘joint resolution’ means a joint resolution the matter after the resolving clause of which is as follows: ‘That the Congress having received on a certification by the President under section 670(b)(4) of the Foreign Assistance Act of 1961 with respect to, the Congress hereby authorizes the President to exercise the waiver authority contained in section 670(b)(5) of that Act.’, with the date of receipt of the certification inserted in the first blank and the name of the country inserted in the second blank.

    ‘(5) Notwithstanding paragraph (1) of this subsection, if the Congress enacts a joint resolution under paragraph (4) of this subsection, the President may waive any sanction which would otherwise be required under paragraph (1)(A) or (1)(B) if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the imposition of such sanction would be seriously prejudicial to the achievement of United State nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.

    ‘(6)(A) In the event the President is required to impose sanctions against a country under paragraph (1)(C) or (1)(D), the President shall forthwith so inform such country and shall impose the required sanctions beginning 30 days after submitting to the Congress the report required by paragraph (1) unless, and to the extent that, there is enacted during the 30-day period a law prohibiting the imposition of such sanctions.

    ‘(B) Notwithstanding any other provision of law, the sanctions which are required to be imposed against a country under paragraph (1)(C) or (1)(D) shall not apply if the President determines and certifies in writing to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives that the application of such sanctions against such country would have a serious adverse effect on vital United States interests. The President shall transmit with such certification a statement setting forth the specific reasons therefor.

    ‘(7) For purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.

    ‘(8) The President may not delegate or transfer his power, authority, or discretion to make or modify determinations under this subsection.

    ‘(c) ‘NON-NUCLEAR-WEAPON STATE’ DEFINED- As used in this section, the term ‘non-nuclear-weapon state’ means any country which is not a nuclear-weapon state, as defined in Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons.

‘SEC. 1003. DEFINITION OF NUCLEAR EXPLOSIVE DEVICE.

    ‘As used in this chapter, the term ‘nuclear explosive device’ has the meaning given that term in section 1330(3) of the Nuclear Proliferation Prevention Act of 1994.’.

    (b) REPEALS- Sections 669 and 670 of the Foreign Assistance Act of 1961 are hereby repealed.

    (c) REFERENCES IN LAW- Any reference in law as of the date of enactment of this Act to section 669 or 670 of the Foreign Assistance Act of 1961 shall, after such date, be deemed to be a reference to section 1001 or 1002, as the case may be, of the Arms Export Control Act.

SEC. 1327. REWARD.

    Section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) is amended--

      (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

      (2) by inserting ‘(1)’ after ‘(a)’; and

      (3) by adding at the end the following:

    ‘(2) For purposes of this subsection, the term ‘act of international terrorism’ includes any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in section 1330(6) of the Nuclear Proliferation Prevention Act of 1994) or any nuclear explosive device (as defined in section 1330(3) of that Act) by an individual, group, or non-nuclear-weapon state, as defined in section 1330(4) of that Act.’.

SEC. 1328. REPORTS.

    (a) CONTENT OF ACDA ANNUAL REPORT- Section 51 of the Arms Control and Disarmament Act, as inserted by this Act, is amended--

      (1) by striking ‘and’ at the end of paragraph (5);

      (2) by striking the period at the end of paragraph (6) and inserting ‘; and’;

      (3) by adding after paragraph (6) the following new paragraph:

      ‘(7) a discussion of any material noncompliance by foreign governments with their binding commitments to the United States with respect to the prevention of the spread of nuclear explosive devices (as defined in section 1330(3) of the Nuclear Proliferation Prevention Act of 1994) by non-nuclear-weapon states (as defined in section 1330(4) of that Act) or the acquisition by such states of unsafeguarded special nuclear material (as defined in section 1330(6) of that Act), including--

        ‘(A) a net assessment of the aggregate military significance of all such violations;

        ‘(B) a statement of the compliance policy of the United States with respect to violations of those commitments; and

        ‘(C) what actions, if any, the President has taken or proposes to take to bring any nation committing such a violation into compliance with those commitments.’; and

      (4) by adding at the end the following new subsection:

    ‘(c) REPORTING CONSECUTIVE NONCOMPLIANCE- If the President in consecutive reports submitted to the Congress under this section reports that any designated nation is not in full compliance with its binding nonproliferation commitments to the United States, then the President shall include in the second such report an assessment of what actions are necessary to compensate for such violations.’.

    (b) REPORTING ON DEMARCHES- (1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under section 602(c) of the Nuclear Non-Proliferation Act of 1978, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint.

    (2) For purposes of this section, the term ‘demarche’ means any official communication by one government to another, by written or oral means, intended by the originating government to express--

      (A) a concern over a past, present, or possible future action or activity of the recipient government, or of a person within the jurisdiction of that government, contributing to the global spread of unsafeguarded special nuclear material or of nuclear explosive devices;

      (B) a request for the recipient government to counter such action or activity; or

      (C) both the concern and request described in subparagraphs (A) and (B).

    (c) REPEAL- Section 52 of the Arms Control and Disarmament Act (22 U.S.C. 2592), as in effect before the enactment of this Act, is hereby repealed.

SEC. 1329. TECHNICAL CORRECTION.

    Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2160c) is amended by striking ‘20 kilograms’ and inserting ‘5 kilograms’.

SEC. 1330. DEFINITIONS.

    For purposes of this subtitle--

      (1) the term ‘goods or technology’ means nuclear materials and equipment and sensitive nuclear technology (as such terms are defined in section 4 of the Nuclear Non-Proliferation Act of 1978), all export items designated by the President pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978, and all technical assistance requiring authorization under section 57 b. of the Atomic Energy Act of 1954;

      (2) the term ‘IAEA safeguards’ means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency;

      (3) the term ‘nuclear explosive device’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT);

      (4) the term ‘non-nuclear-weapon state’ means any country which is not a nuclear-weapon state, as defined by Article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968;

      (5) the term ‘special nuclear material’ has the meaning given that term in section 11 aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014aa); and

      (6) the term ‘unsafeguarded special nuclear material’ means special nuclear material which is held in violation of IAEA safeguards or not subject to IAEA safeguards (excluding any quantity of material that could, if it were exported from the United States, be exported under a general license issued by the Nuclear Regulatory Commission).

SEC. 1331. EFFECTIVE DATE.

    The provisions of this subtitle, and the amendments made by this subtitle, shall take effect 60 days after the date of the enactment of this Act.

Subtitle C--International Atomic Energy Agency

SEC. 1341. BILATERAL AND MULTILATERAL INITIATIVES.

    It is the sense of the Congress that in order to maintain and enhance international confidence in the effectiveness of IAEA safeguards and in other multilateral undertakings to halt the global proliferation of nuclear weapons, the United States should seek to negotiate with other nations and groups of nations, including the IAEA Board of Governors and the Nuclear Suppliers Group, to--

      (1) build international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards;

      (2) encourage each nuclear-weapon state within the meaning of the Treaty to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information contributing to nuclear weapons proliferation;

      (3) encourage the deferral of efforts to produce weapons-grade nuclear material for large-scale commercial uses until such time as safeguards are developed that can detect, on a timely and reliable basis, the diversion of significant quantities of such material for nuclear explosive purposes;

      (4) pursue greater financial support for the implementation and improvement of safeguards from all IAEA member nations with significant nuclear programs, particularly from those nations that are currently using or planning to use weapons-grade nuclear material for commercial purposes;

      (5) arrange for the timely payment of annual financial contributions by all members of the IAEA, including the United States;

      (6) pursue a prohibition on international commerce in highly enriched uranium for use in research reactors while encouraging multilateral cooperation to develop and to use low-enriched alternative nuclear fuels;

      (7) oppose efforts by non-nuclear-weapon states to develop or use unsafeguarded nuclear fuels for purposes of naval propulsion;

      (8) pursue an international open skies arrangement that would authorize the IAEA to operate surveillance aircraft and would facilitate IAEA access to satellite information for safeguards verification purposes;

      (9) develop an institutional means for IAEA member nations to share intelligence material with the IAEA on possible safeguards violations without compromising national security or intelligence sources or methods;

      (10) require any exporter of a sensitive nuclear facility or sensitive nuclear technology to a non-nuclear-weapon state to notify the IAEA prior to export and to require safeguards over that facility or technology, regardless of its destination; and

      (11) seek agreement among the parties to the Treaty to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from the Treaty.

SEC. 1342. IAEA INTERNAL REFORMS.

    In order to promote the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, the Congress urges the President to negotiate with other nations and groups of nations, including the IAEA Board of Governors and the Nuclear Suppliers Group, to--

      (1) improve the access of the IAEA within nuclear facilities that are capable of producing, processing, or fabricating special nuclear material suitable for use in a nuclear explosive device;

      (2)(A) facilitate the IAEA’s efforts to meet and to maintain its own goals for detecting the diversion of nuclear materials and equipment, giving particular attention to facilities in which there are bulk quantities of plutonium; and

      (B) if it is not technically feasible for the IAEA to meet those detection goals in a particular facility, require the IAEA to declare publicly that it is unable to do so;

      (3) enable the IAEA to issue fines for violations of safeguards procedures, to pay rewards for information on possible safeguards violations, and to establish a ‘hot line’ for the reporting of such violations and other illicit uses of weapons-grade nuclear material;

      (4) establish safeguards at facilities engaged in the manufacture of equipment or material that is especially designated or prepared for the processing, use, or production of special fissionable material or, in the case of non-nuclear-weapon states, of any nuclear explosive device;

      (5) establish safeguards over nuclear research and development activities and facilities;

      (6) implement special inspections of undeclared nuclear facilities, as provided for under existing safeguards procedures, and seek authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites;

      (7) expand the scope of safeguards to include tritium, uranium concentrates, and nuclear waste containing special fissionable material, and increase the scope of such safeguards on heavy water;

      (8) revise downward the IAEA’s official minimum amounts of nuclear material (‘significant quantity’) needed to make a nuclear explosive device and establish these amounts as national rather than facility standards;

      (9) expand the use of full-time resident IAEA inspectors at sensitive fuel cycle facilities;

      (10) promote the use of near real time material accountancy in the conduct of safeguards at facilities that use, produce, or store significant quantities of special fissionable material;

      (11) develop with other IAEA member nations an agreement on procedures to expedite approvals of visa applications by IAEA inspectors;

      (12) provide the IAEA the additional funds, technical assistance, and political support necessary to carry out the goals set forth in this subsection; and

      (13) make public the annual safeguards implementation report of the IAEA, establishing a public registry of commodities in international nuclear commerce, including dual-use goods, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations.

SEC. 1343. REPORTING REQUIREMENT.

    (a) REPORT REQUIRED- The President shall, in the report required by section 601(a) of the Nuclear Non-Proliferation Act of 1978, describe--

      (1) the steps he has taken to implement sections 1341 and 1342, and

      (2) the progress that has been made and the obstacles that have been encountered in seeking to meet the objectives set forth in sections 1341 and 1342.

    (b) CONTENTS OF REPORT- Each report under paragraph (1) shall describe--

      (1) the bilateral and multilateral initiatives that the President has taken during the period since the enactment of this Act in pursuit of each of the objectives set forth in sections 1341 and 1342;

      (2) any obstacles that have been encountered in the pursuit of those initiatives;

      (3) any additional initiatives that have been proposed by other countries or international organizations to strengthen the implementation of IAEA safeguards;

      (4) all activities of the Federal Government in support of the objectives set forth in sections 1341 and 1342;

      (5) any recommendations of the President on additional measures to enhance the effectiveness of IAEA safeguards; and

      (6) any initiatives that the President plans to take in support of each of the objectives set forth in sections 1341 and 1342.

SEC. 1344. DEFINITIONS.

    As used in this subtitle--

      (1) the term ‘highly enriched uranium’ means uranium enriched to 20 percent or more in the isotope U-235;

      (2) the term ‘IAEA’ means the International Atomic Energy Agency;

      (3) the term ‘near real time material accountancy’ means a method of accounting for the location, quantity, and disposition of special fissionable material at facilities that store or process such material, in which verification of peaceful use is continuously achieved by means of frequent physical inventories and the use of in-process instrumentation;

      (4) the term ‘special fissionable material’ has the meaning given that term by Article XX(1) of the Statute of the International Atomic Energy Agency, done at the Headquarters of the United Nations on October 26, 1956;

      (5) the term ‘the Treaty’ means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; and

      (6) the terms ‘IAEA safeguards’, ‘non-nuclear-weapon state’, ‘nuclear explosive device’, and ‘special nuclear material’ have the meanings given those terms in section 1330 of this Act.

TITLE XIV--CROATIA

SEC. 1401. FINDINGS.

    The Congress finds that--

      (a) The international boundaries between the independent countries of the former Yugoslavia are the same as the internal borders among the constituent republics of the former Yugoslavia as specified in the 1974 Yugoslav Federal Constitution (except with regard to the border between Serbia and Montenegro) and cannot be altered without the consent of all countries concerned.

      (b) The Government of Croatia is violating the sovereignty of Bosnia-Hercegovina by sending thousands of Croatian troops to Hercegovina, ostensibly to counter an offensive against ethnic Coratian civilians by Bosnian Government forces.

      (c) Croatian forces are interfering with United Nations peacekeeping operations, including the delivery of humanitarian aid to Bosnia-Hercegovina.

SEC. 1402. POLICY TOWARDS CROATIA.

    It is the sense of the Senate that the President should consider taking the following actions--

      (a) Instruct the United States Executive Director or representative at all international financial institutions of which the United States is a member to vote against all loans except for loans directed at programs which serve basic human needs to Croatia;

      (b) Provide no assistance to Croatia (except for humanitarian and refugee assistance);

      (c) Make no sales to Croatia of any kind of military equipment;

      (d) Prohibit the licensing of commercial military sales to Croatia;

      (e) Provide no credits, and provide no guarantees of any credits to Croatia;

      (f) Prohibit the sale or transfer to Croatia of any item subject to export controls by any agency of the United States;

      (g) Direct the Secretary of Transportation to revoke the right of any air carrier designated by the Government of Croatia to provide service to the United States; and

      (h) Negotiate comprehensive multilateral sanctions pursuant to the provisions of Chapter 7 of the United Nations Charter.

TITLE XV--UNITED STATES PARTICIPATION IN UNITED NATIONS PEACEKEEPING OPERATIONS

SEC. 1501. COST ASSESSMENT REPORT REGARDING ANY UNITED STATES PARTICIPATION IN ACTION UNDER ARTICLE 42 OF THE UNITED NATIONS CHARTER.

    (a) IN GENERAL- Except as provided in subsection (b), at least 15 days before--

      (1) any obligation of funds for United States participation in international peace operations, or

      (2) any vote by the Security Council to take action under Article 42 of the Charter of the United Nations which would involve the use of United States Armed Forces,

    the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report containing a cost assessment of the participation of the United States Armed Forces in those operations.

    (b) EXCEPTION- The period for submission of the report specified in subsection (a) shall not apply if the President determines that an emergency exists which prevents submission of the report in a timely manner.

    (c) DEFINITION- For purposes of this section, the term ‘United States participation in international peace operations’ means the use of the United States Armed Forces--

      (1) pursuant to, or consistent with, action taken by the Security Council under Article 42 of the Charter of the United Nations; or

      (2) consistent with the United Nations Participation Act of 1945.

SEC. 1502. CONGRESSIONAL NOTIFICATION REGARDING ANY UNITED STATES IMPLEMENTATION OF ARTICLE 43 OF THE UNITED NATIONS CHARTER.

    (a) IN GENERAL- Except as provided in subsection (b), at least 15 days before any agency or entity of the United States Government makes available armed forces, assistance, or facilities to the United Nations under Article 43 of the United Nations Charter, the President shall so notify the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

    (b) EXCEPTION- The period for notifying Congress in subsection (a) shall not apply if the President determines that an emergency exists which prevents making a notification in a timely manner.

    (c) DEFINITION- For purposes of this section, the term ‘assistance’ means assistance of any kind, including the provision of logistical support and the grant of rights of passage.

SEC. 1503. REPORT ON UNITED NATIONS PEACEKEEPING ACTIVITIES.

    Not later than 90 days after the date of enactment of this Act, and each year thereafter at the time of the President’s budget submission to Congress, the Secretary of State, after consultation with the heads of other relevant Federal agencies (including the Department of Defense), shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States contributions to United Nations peacekeeping activities. Such report shall include--

      (1) the overall cost of all peacekeeping operations as of the date of the report;

      (2) the costs of each peacekeeping operation;

      (3) the amount of United States contributions (assessed and voluntary) on an operation-by-operation basis; and

      (4) an assessment of the effectiveness of ongoing peacekeeping operations, their relevance to United States national interests, the efforts by the United Nations to resolve the relevant armed conflicts, and the projected termination dates for such operations.

SEC. 1504. UNITED STATES PARTICIPATION IN UNITED NATIONS PEACEKEEPING OPERATIONS.

    (a) FINDINGS- The Congress finds that--

      (1) the President of the United States has asserted that reform of United Nations peacekeeping operations is to be of the highest national priority in furtherance of United States national security objectives;

      (2) at the direction of the President of the United States the National Security Council is coordinating a comprehensive review of United States policy towards United Nations peacekeeping operations on which the Congress of the United States is to be consulted;

      (3) in cooperation with the Congress of the United States, the purpose of the National Security Council review is to reform policies and programs governing United States participation in United Nations operations;

      (4) in conjunction with the President’s review, the Majority Leader of the United States Senate has requested the Committee on Foreign Relations, the Committee on Armed Services, and the Senate Select Committee on Intelligence to examine thoroughly the proper role of United States troops in the post-Cold War world and the implications for United States foreign policy with the intent of enacting legislation, in cooperation with the President, regarding United States policy toward post-Cold War conflicts, United States involvement in peacekeeping operations, and of establishing a process to ensure proper accommodations of legislative and executive branch prerogatives in addressing such issues;

      (5) such a process will embody sound constitutional principles and reflect the appropriate roles of the President and the Congress relating to the use of United States Armed Forces both in unilateral and multilateral operations in order for such operations to enjoy the support of both the executive and legislative branches and the American people; and

      (6) the concerned committees of jurisdiction have initiated a process of examination of the appropriate use of United States Forces.

    (b) SENSE OF CONGRESS- It is the sense of Congress that--

      (1) the primacy of United States national security interests with respect to United States participation in and support for United Nations peacekeeping activities must be maintained;

      (2) congressional oversight of United Nations peacekeeping activities and other United Nations activities must be strengthened;

      (3) coordination between the executive and legislative branches of Government regarding United States participation in and support for United Nations peacekeeping operations must be improved and communication between the two branches prompt;

      (4) the Congress should be notified in advance of the intent to approve United Nations peacekeeping operations;

      (5) for United Nations peacekeeping operations that would involve the participation of United States combat forces, such notification should include detailed information concerning command and control arrangements for such forces, their military mission and objectives, and their rules of engagement; and

      (6) United States contributions to United Nations peacekeeping activities must be fair and equitable.

Attest:

Secretary.

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