H.R. 2333 (103rd): Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

103rd Congress, 1993–1994. Text as of Jun 22, 1993 (Passed the House (Engrossed)).

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HR 2333 EH1S

103d CONGRESS

1st Session

H. R. 2333


AN ACT

To authorize appropriations for the Department of State, the United States Information Agency, and related agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘State Department, USIA, and Related Agencies Authorization Act, Fiscal Years 1994 and 1995’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

Part A--Authorization of Appropriations

      Sec. 101. Administration of foreign affairs.

      Sec. 102. Agency for International Development operating expenses.

      Sec. 103. International organizations, programs, and conferences.

      Sec. 104. International commissions.

      Sec. 105. Migration and refugee assistance.

      Sec. 106. Other programs.

      Sec. 107. United States Arms Control and Disarmament Agency.

Part B--Authorities and Activities

      Sec. 111. Authorized strength of the Foreign Service.

      Sec. 112. Transfers and reprogrammings.

      Sec. 113. Expenses relating to certain international claims and proceedings.

      Sec. 114. Child care facilities at certain posts abroad.

      Sec. 115. Notification to Congress of proposed reprogrammings of AID operating expenses.

      Sec. 116. Prohibition on discriminatory contracts.

      Sec. 117. Emergencies in the diplomatic and consular service.

      Sec. 118. Role of the Foreign Service Institute.

      Sec. 119. Reporting requirement on American prisoners abroad.

      Sec. 120. Consular authorities.

      Sec. 121. Requirement for authorization of appropriations for AID.

      Sec. 122. Report on consolidation of administrative operations.

      Sec. 123. Local guard contracts abroad.

      Sec. 124. Visas.

      Sec. 125. Consular and diplomatic posts abroad.

      Sec. 126. Annual country reports on terrorism.

Part C--Department Of State Organization

      Sec. 131. Organizing principles.

      Sec. 132. Organization of the Department of State.

      Sec. 133. Technical and conforming amendments.

      Sec. 134. Director General of the Foreign Service.

Part D--Personnel

      Sec. 141. Labor-management relations.

      Sec. 142. Voluntary retirement incentive program.

      Sec. 143. Waiver of limit for certain claims for personal property damage or loss.

      Sec. 144. Salaries of chiefs of mission.

      Sec. 145. Senior Foreign Service performance pay.

      Sec. 146. Reassignment and retirement of former Presidential appointees.

      Sec. 147. Report on classification of Senior Foreign Service positions.

      Sec. 148. Limitation on number of limited career extensions.

      Sec. 149. Amendments to title 5.

      Sec. 150. Amendments to chapter 11 of the Foreign Service Act.

Part E--International Organizations

      Sec. 161. International Atomic Energy Agency safeguards.

      Sec. 162. Agreement on State and local taxation of foreign employees of public international organizations.

      Sec. 163. Reform in budget decisionmaking procedures of the United Nations and its specialized agencies.

      Sec. 164. International Boundary and Water Commission.

      Sec. 165. United States membership in the Asian-Pacific Economic Cooperation Organization.

      Sec. 166. Limitation on contributions to the United Nations and affiliated organizations.

      Sec. 167. International peacekeeping reform.

Part F--Miscellaneous Provisions

      Sec. 181. Women’s human rights protection.

      Sec. 182. Publishing international agreements.

      Sec. 183. Migration and refugee amendments.

      Sec. 184. United Nations Security Council membership.

      Sec. 185. Reforms in the Food and Agriculture Organization.

      Sec. 186. Interparliamentary exchanges.

      Sec. 187. United States policy concerning overseas assistance to refugees and displaced persons.

      Sec. 188. Policy on Middle East arms sales.

      Sec. 189. Report on terrorist assets in the United States.

      Sec. 190. Sense of Congress concerning United States citizens victimized by Germany during World War II.

      Sec. 191. Transparency in armaments.

      Sec. 192. Revitalization of the ‘permanent five’ process.

      Sec. 193. Report on the impact of conventional weapons proliferation.

      Sec. 194. Establishment of independent inspectors general at international organizations.

      Sec. 195. Sense of Congress regarding adherence to United Nations Charter.

      Sec. 196. Food as a human right.

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

Part A--Authorization of Appropriations

      Sec. 201. Authorization of appropriations.

Part B--International Broadcasting Authorities and Activities

      Sec. 211. Short title.

      Sec. 212. Findings and declarations.

      Sec. 213. Standards.

      Sec. 214. Functions.

      Sec. 215. Administration.

      Sec. 216. USIA satellite and television.

      Sec. 217. Israel relay station.

      Sec. 218. Requirement for authorization of appropriations.

      Sec. 219. Report on advertising.

Part C--USIA and Related Agencies Authorities and Activities

      Sec. 231. Changes in administrative authorities.

      Sec. 232. Employment authority.

      Sec. 233. Buying power maintenance account.

      Sec. 234. Contract authority.

      Sec. 235. Appropriations authorities.

      Sec. 236. Technical amendment.

      Sec. 237. Separate ledger accounts for NED grantees.

      Sec. 238. American studies collections.

      Sec. 239. South Pacific exchange programs.

      Sec. 240. Coordination of United States exchange programs.

      Sec. 241. Limitation concerning participation in international expositions.

      Sec. 242. Private sector opportunites.

      Sec. 243. Educational and cultural exchanges with Tibet.

      Sec. 244. Changes in administrative authorities.

Part D--Mike Mansfield Fellowships

      Sec. 251. Short title.

      Sec. 252. Establishment of fellowship program.

      Sec. 253. Program requirements.

      Sec. 254. Separation of Government personnel during the fellowships.

      Sec. 255. Mansfield Fellowship Review Board.

      Sec. 256. Definitions.

TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY

      Sec. 301. Purposes.

      Sec. 302. Special Representatives.

      Sec. 303. Negotiation management.

      Sec. 304. Participation of ACDA Director in certain deliberations.

      Sec. 305. Notification to Congress of proposed reprogrammings by ACDA.

      Sec. 306. Requirement of authorization of appropriations.

      Sec. 307. Appointment of personnel.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

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 $1,667,584,000 for the fiscal year 1994 and $1,712,609,000 for the fiscal year 1995.

      (2) SALARIES AND EXPENSES- For ‘Salaries and Expenses’, of the Department of State $484,416,000 for the fiscal year 1994 and $497,495,000 for the fiscal year 1995.

      (3) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD- For ‘Acquisition and Maintenance of Buildings Abroad’, $381,481,000 for the fiscal year 1994 and $392,523,000 for the fiscal year 1995.

      (4) BUYING POWER MAINTENANCE FUND- For ‘Buying Power Maintenance Fund’, $4,000,000 for the fiscal year 1994 and $4,104,000 for the fiscal year 1995.

      (5) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $4,881,000 for the fiscal year 1994 and $5,012,000 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 $8,216,000 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 $24,704,000 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 $15,902,000 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 $11,095,000 for the fiscal year 1995.

      (10) REPATRIATION LOANS- For ‘Repatriation Loans’, $817,000 for the fiscal year 1994 and $838,000 for the fiscal year 1995, for administrative expenses.

    (b) LIMITATIONS-

      (1) Of the amounts authorized to be appropriated for ‘Salaries and Expenses’ under subsection (a)(2) $500,000 is authorized to be available for the fiscal year 1994 and $500,000 for the fiscal year 1995 for the Department of State for the recruitment of Hispanic American students from United States institutions of higher education with a high percentage enrollment of Hispanic Americans and for the training of Hispanic Americans for careers in the Foreign Service and in international affairs.

      (2)(A) Of the amounts authorized to be appropriated for ‘Diplomatic and Consular Programs’ under subsection (a)(1), $10,000,000 is authorized to be available 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.

      (B) Of the amounts authorized to be appropriated for ‘Diplomatic and Consular Programs’ under subsection (a)(1), $1,000,000 is authorized to be available only for the establishment of a United States consulate in Cluj, Romania.

      (3) Of the amounts authorized to be appropriated for ‘Diplomatic and Consular Programs’ under subsection (a)(1), $11,500,000 is authorized to be available for fiscal year 1994 and $11,900,000 is authorized to be available for fiscal year 1995, only for administrative expenses to carry out the purposes of the Migration and Refugee Assistance Act of 1962.

      (4) Of the amounts authorized to be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ under subsection (a)(3), $95,904,000 is authorized to be available for the fiscal year 1994 and $114,825,000 is authorized to be available for the fiscal year 1995 for Maintenance of Buildings and Facility Rehabilitation.

SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT OPERATING EXPENSES.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes--

        (A) $512,000,000 for the fiscal year 1994 and $526,902,000 for the fiscal year 1995 for necessary operating expenses of the agency primarily responsible for administering part I of Public Law 87-195; and

        (B) such amounts as may be necessary for fiscal year 1994 and fiscal year 1995 for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of the agency primarily responsible for administering part I of Public Law 87-195.

      (2) Effective October 1, 1993, section 667 of Public Law 87-195 (22 U.S.C. 2427) is repealed.

    (b) OPERATING EXPENSES, OFFICE OF THE INSPECTOR GENERAL- There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes--

      (1) $39,916,000 for fiscal year 1994 and $39,916,000 for fiscal year 1995 for necessary operating expenses of the Office of the Inspector General of the agency primarily responsible for administering part I of Public Law 87-195; and

      (2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such office.

    (c) AVAILABILITY OF FUNDS- Amounts appropriated under this section are authorized to remain available until expended.

    (d) TRANSFER OF FUNDS- The authorities and limitations of section 109 of Public Law 87-195 apply to funds authorized to be appropriated under this section.

SEC. 103. 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 $935,053,000 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) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $597,744,000 for the fiscal year 1994 and $636,469,000 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.

    (c) PEACEKEEPING OPERATIONS- There are authorized to be appropriated for ‘Peacekeeping Operations’, $77,166,000 for the fiscal year 1994 and $77,166,000 for the fiscal year 1995 for the Department of State to carry out section 551 of Public Law 87-195.

    (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 $6,743,000 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) INTERNATIONAL ORGANIZATIONS AND PROGRAMS-

      (1) IN GENERAL- There are authorized to be appropriated for the Department of State for ‘International Organizations and Programs’, $365,000,000 for the fiscal year 1994 and $365,000,000 for the fiscal year 1995.

      (2) UNITED NATIONS POPULATION FUND-

        (A) Subject to subparagraphs (B) and (C), of the funds authorized to be appropriated for ‘International Organizations and Programs’ under paragraph (1), $50,000,000 is authorized to be made available for each of the fiscal years 1994 and 1995 for the United Nations Population Fund.

        (B) The availability of funds under subparagraph (A) shall be subject to the following limitations:

          (i) None of the funds made available under subparagraph (A) may be made available for programs in the People’s Republic of China.

          (ii) The prohibitions contained in section 104(f) of the Foreign Assistance Act of 1961 (relating to prohibitions on funding for abortion as a method of family planning, coercive abortion, and involuntary sterilization) shall apply to the funds made available for the United Nations Population Fund.

          (iii) The United Nations Population Fund shall be required to maintain the funds made available under subparagraph (A) in a separate account and not commingle such funds with any other funds.

        (C) Of the funds authorized to be available under subparagraph (A), for fiscal year 1994, $13,784,500 is authorized to be available only if the President certifies to the Congress that the United Nations Population Fund has terminated all activities in the People’s Republic of China.

      (3) UNITED NATIONS DEVELOPMENT PROGRAM-

        (A) Subject to subparagraphs (B) and (C), of the funds authorized to be appropriated under paragraph (1) $101,929,000 is authorized to be available for each of the fiscal years 1994 and 1995 for the United Nations Development Program.

        (B) None of the funds made available under subparagraph (A) shall be available for programs and activities in or for Myanmar (Burma).

        (C) Of the funds authorized to be available under subparagraph (A), $7,000,000 for each of the fiscal years 1994 and 1995 may be available only if the President certifies to the Congress that the United Nations Development Program’s programs and activities in or for Myanmar (Burma) promote the enjoyment of internationally guaranteed human rights by the Burmese people and do not benefit the State Law and Order Restoration Council (SLORC) military regime.

      (4) UNITED NATIONS ENVIRONMENT PROGRAM- Of the amounts authorized to be appropriated for ‘International Organizations and Programs’ under paragraph (1), $25,000,000 for each of the fiscal years 1994 and 1995 is authorized to be available for the United Nations Environment Program.

      (5) UNITED NATIONS VOLUNTARY FUND FOR THE VICTIMS OF TORTURE- Of the amounts authorized to be appropriated for ‘International Organizations and Programs’ under paragraph (1), $1,500,000 for each of the fiscal years 1994 and 1995 is authorized to be available for the United Nations Voluntary Fund for the Victims of Torture.

    (f) 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. 104. 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 $11,767,000 for the fiscal year 1995; and

        (B) for ‘Construction’ $14,790,000 for the fiscal year 1994 and $15,198,000 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 $784,000 for the fiscal year 1995.

      (3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $3,643,000 for the fiscal year 1994 and $3,759,000 for the fiscal year 1995.

      (4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $14,200,000 for the fiscal year 1994 and $14,569,000 for the fiscal year 1995.

SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities, $593,500,000 for the fiscal year 1994 and $593,500,000 for the fiscal year 1995.

      (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. 106. 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 $4,617,000 for the fiscal year 1995.

      (2) ASIA FOUNDATION- For ‘Asia Foundation’, $18,693,000 for the fiscal year 1994 and $19,127,000 for the fiscal year 1995.

SEC. 107. UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.

    (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act--

      (1) $62,500,000 for the fiscal year 1994 and $55,356,000 for the fiscal year 1995; and

      (2) such sums as may be necessary for each of the fiscal years 1994 and 1995 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) TECHNICAL AND CONFORMING AMENDMENTS- Section 49 of the Arms Control and Disarmament Act (22 U.S.C. 2589) is amended--

      (1) by striking subsection (a); and

      (2) in the first sentence of subsection (b) by striking ‘pursuant to this section’ and inserting ‘to carry out this Act’.

PART B--AUTHORITIES AND ACTIVITIES

SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

    (a) END FISCAL YEAR 1994 LEVELS- Subject to subsection (c), the employment and service of Members of the Foreign Service shall be subject to the following limitations as of September 30, 1994:

      (1) Department of State, not to exceed 9,200, of whom not more than 825 shall be members of the Senior Foreign Service.

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

      (3) Agency for International Development, not to exceed 1,850, of whom not more than 250 shall be members of the Senior Foreign Service.

    (b) END FISCAL YEAR 1995 LEVELS- Subject to subsection (c), the employment and service of Members of the Foreign Service shall be subject to the following limitations as of September 30, 1995:

      (1) Department of State, not to exceed 9,200, of whom not more than 775 shall be members of the Senior Foreign Service.

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

      (3) Agency for International Development, not to exceed 1,850, of whom not more than 240 shall be members of the Senior Foreign Service.

    (c) DEFINITION- For the purposes of this section, the term ‘members of the Foreign Service’ has the meaning of such term under section 103 of the Foreign Service Act of 1980 (22 U.S.C 3903), except that such term shall 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 Senior Foreign Service serving under limited non-career appointments.

    (d) WAIVER AUTHORITY-

      (1)(A) Subject to subparagraph (B), the Secretary of State, the Director of the United States Information Agency, and the Director of the Agency for International Development may waive any limitation under subsection (a) or (b) which applies to the Department of State, the United States Information Agency, or the Agency for International Development, respectively, to the extent that such waiver is necessary to carry on the foreign affairs functions of the United States.

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

SEC. 112. TRANSFERS AND REPROGRAMMINGS.

    (a) AMENDMENTS TO SECTION 24 OF 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. 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 chapter 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 shall 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. 114. 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. 115. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS OF AID OPERATING EXPENSES.

    (a) AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961- Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394) is amended by adding at the end the following:

    ‘(d) AID OPERATING EXPENSES-

      ‘(1) CONGRESSIONAL NOTIFICATION OF CERTAIN REPROGRAMMINGS- Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance of the proposed reprogramming, funds appropriated for the operating expenses of the agency primarily responsible for administering part I (including funds appropriated for the operating expenses of the Office of the Inspector General of that agency) shall not be available for obligation or expenditure through any reprogramming of funds that--

        ‘(A) would create or eliminate a program, project, or activity;

        ‘(B) would increase funds or personnel by any means for any program, project, or activity for which funds have been denied or restricted by the Congress;

        ‘(C) would reorganize offices, programs, projects, or activities among bureaus;

        ‘(D) would involve a reprogramming in excess of $1,000,000 or 10 percent (whichever is greater) and would--

          ‘(i) augment existing programs, projects, or activities,

          ‘(ii) reduce by 10 percent or more the funding for any existing program, project, activity, or personnel approved by the Congress, or

          ‘(iii) result from any general savings from a reduction in personnel that would result in a change in existing programs, activities, or projects approved by the Congress.

      ‘(2) LIMITATION ON END-OF-YEAR REPROGRAMMINGS- Funds appropriated for the operating expenses of the agency primarily responsible for administering part I (including funds appropriated for the operating expenses of the Office of the Inspector General of that agency) shall not be available for obligation or expenditure through any reprogramming described in paragraph (1) during the last 15 days in which such funds are available for obligation or expenditure (as the case may be) unless the notification required by that paragraph was submitted before that 15-day period.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect October 1, 1994.

SEC. 116. 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 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.

      (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. 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 on 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 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 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 OF 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. 117. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.

    Section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is amended in subsection (c)--

      (1) by striking ‘and the Foreign Service’; and

      (2) by striking ‘an annual confidential’ and inserting ‘a periodic’.

SEC. 118. ROLE OF THE FOREIGN SERVICE INSTITUTE.

    Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended by adding at the end the following new subsection:

    ‘(d)(1) The Secretary of State is authorized to provide for the training and instruction of employees of foreign governments at the Institute.

    ‘(2) Except as provided in paragraph (3), training and instruction under paragraph (1) shall be on a reimbursable basis. Reimbursement to the Institute may be provided by an agency of the United States Government or by a foreign person.

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

SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRISONERS ABROAD.

    Section 108 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105) is repealed.

SEC. 120. 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- 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 in section 7 by adding at the end ‘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. 121. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS FOR AID.

    Public Law 87-195 is amended by inserting after section 667 the following new section:

‘SEC. 668. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS- Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent fiscal year, any funds appropriated for the agency primarily responsible for administering part I of this Act shall not be available for obligation or expenditure--

      ‘(1) unless such funds are appropriated pursuant to an authorization of appropriations; or

      ‘(2) in excess of the authorized level of appropriations.

    ‘(b) SUBSEQUENT AUTHORIZATION- The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.

    ‘(c) APPLICATION- The provisions of this section--

      ‘(1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and

      ‘(2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered by the agency primarily responsible for administering part I of this Act.’.

SEC. 122. 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, the Director of the Arms Control and Disarmament Agency, and the Administrator of the Agency for International Development, shall submit, to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, a report concerning the feasibility of consolidating domestic administrative operations for the Department of State, the Agency for International Development, and the United States Information Agency. Such report shall include specific recommendations for implementation.

SEC. 123. 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 ‘(4)’ and ‘(5)’, respectively; and

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

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

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

SEC. 124. 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 as an offsetting collection to any Department of State appropriation 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 collected under the authority of paragraph (1) may not exceed a total of $56,000,000.

    (b) AUTOMATED VISA LOOKOUT SYSTEM- Not later than 18 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 18 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. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.

    Section 48 of the State Department Basic Authorities Act of 1956 is amended--

      (1) by striking subsection (c); and

      (2) by redesignating subsections (d) and (e) as subsections ‘(c)’ and ‘(d)’, respectively.

SEC. 126. 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:

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

PART C--DEPARTMENT OF STATE ORGANIZATION

SEC. 131. ORGANIZING PRINCIPLES.

    The Congress makes the following findings:

      (1) The organization of the Department of State should reflect, to the maximum extent possible, the primary responsibility of the Secretary of State under the President for the conduct of the Nation’s foreign relations.

      (2) Unless compelling considerations so require, statutory authorities should be vested in the Secretary of State, rather than in officials subordinate to the Secretary.

SEC. 132. ORGANIZATION OF THE DEPARTMENT OF STATE.

    (a) ORGANIZATION- Section 1 of the State Department Basic Authorities Act of 1956 is amended to read as follows:

‘ORGANIZATION OF THE DEPARTMENT OF STATE

    ‘SECTION 1. (a) SECRETARY OF STATE-

      ‘(1) The Department of State shall be administered in accordance with this Act and other provisions of law under the supervision and direction of the Secretary of State (hereinafter referred to as the ‘Secretary’).

      ‘(2) The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

      ‘(3)(A) Notwithstanding any other provision of law and except as provided in subparagraph (B), the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President.

      ‘(B) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. The Secretary shall not have any authority given expressly to diplomatic or consular officers.

      ‘(4) The Secretary of State is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. The Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.

    ‘(b) UNDER SECRETARIES- There shall be in the Department of State not more than 5 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code.

    ‘(c) ASSISTANT SECRETARIES- There shall be in the Department of State not more than 21 Assistant Secretaries of State, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5.

    ‘(d) DEPUTY ASSISTANT SECRETARIES- There shall be in the Department of State not more than 66 Deputy Assistant Secretaries of State.

    ‘(e) 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 under section 5215 of title 5, not more than 4 other officers of the Department of State shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at such level.’.

    (b) APPLICATION- The amendments made by this section and section 133 shall apply with respect to officials, offices, and bureaus of the Department of State when Executive orders implementing such sections become effective.

    (c) TRANSITION- Any officer of the Department of State holding office on the date of the enactment of this Act shall not be required to be reappointed to any other office, at the Department of State at the same level performing similar functions, as determined by the President, by reason of the enactment of the amendments made by this section and section 133.

    (d) REFERENCES IN OTHER ACTS- A reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate.

    (e) Nothing in this part reassigns any function that is on the date of enactment of this Act vested by law or executive order in the Department of Commerce, the Federal Communications Commission, or any officer thereof.

    (f) OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM- Notwithstanding any other provision of this section, there shall be in the Department of State an Office of the Coordinator for Counterterrorism which shall be headed by a Coordinator for Counterterrorism. The office shall have the same responsibilities and functions as the Office of the Coordinator for Counterterrorism at the Department of State had as of January 20, 1993.

SEC. 133. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) ACT OF MAY 26, 1949- The Act entitled ‘An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes’ (May 26, 1949; Public Law 81-73; 22 U.S.C. 2652 et seq.) is repealed.

    (b) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 1979- Section 115 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection (a).

    (c) PUBLIC LAW 93-126- Section 9 of Public Law 93-126 (22 U.S.C. 2655a) is amended by striking subsection (a).

    (d) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1992 AND 1993- Section 122 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended by striking subsection (a).

    (e) TITLE 5, UNITED STATES CODE-

      (1) 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--

      ‘Under Secretaries of State (5).’.

      (2) Section 5315 of title 5, United States Code, is amended by striking ‘Legal Advisor of the Department of State.’, ‘Chief of Protocol, Department of State.’, ‘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.’, and ‘21 Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.’.

    (f) FOREIGN ASSISTANCE ACT OF 1961- 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 ‘Secretary of State’;

      (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 ‘, prepared with the assistance of the Assistant Secretary of State for Human Rights and Humanitarian Affairs,’ each place it appears;

      (3) in section 624(f) (22 U.S.C. 2384(f)(1)) by striking paragraph (1);

      (4) in section 624(f)(2)--

        (A) by striking ‘(2) The Assistant Secretary of State for Human Rights and Humanitarian Affairs’ and inserting ‘The Secretary of State’; and

        (B) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively; and

      (5) in section 624(f)(2)(C)--

        (A) by striking ‘the Secretary of State and’; and

        (B) by striking ‘Assistant’.

    (g) ARMS EXPORT CONTROL ACT- Section 5(d)(1) of the Arms Export Control Act is amended (22 U.S.C. 2755(d)(1)) by striking ‘Assistant Secretary of State for Human Rights and Humanitarian Affairs’ and inserting ‘Secretary of State’.

    (h) DIPLOMATIC SECURITY ACT- The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended--

      (1) in section 102(b) (22 U.S.C. 4801(b)) by--

        (A) striking paragraph (2); and

        (B) redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;

      (2) in subsection 103(a)--

        (A) by inserting ‘(1)’ before ‘The Secretary of State’;

        (B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and

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

    ‘(2) Security responsibilities shall include the following:

      ‘(A) FORMER OFFICE OF SECURITY FUNCTIONS- Functions and responsibilities exercised by the Office of Security, Department of State, before November 1, 1985.

      ‘(B) SECURITY AND PROTECTIVE OPERATIONS-

        ‘(i) Establishment and operations of post security and protective functions abroad.

        ‘(ii) Development and implementation of communications, computer, and information security.

        ‘(iii) Emergency planning.

        ‘(iv) Establishment and operations of local guard services abroad.

        ‘(v) Supervision of the United States Marine Corps security guard program.

        ‘(vi) Liaison with American overseas private sector security interests.

        ‘(vii) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel in the United States, as authorized by law.

        ‘(viii) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law.

        ‘(ix) Physical protection of Department of State facilities, communications, and computer information systems in the United States.

        ‘(x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions in the United States, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law.

        ‘(xi) Carrying out the rewards program for information concerning international terrorism authorized by section 36(a) of the State Department Basic Authorities Act of 1956.

        ‘(xii) Performance of other security, investigative, and protective matters as authorized by law.

      ‘(C) COUNTERTERRORISM PLANNING AND COORDINATION- Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph.

      ‘(D) SECURITY TECHNOLOGY- Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communications security, and research programs necessary to develop such measures.

      ‘(E) DIPLOMATIC COURIER SERVICE- Management of the diplomatic courier service.

      ‘(F) PERSONNEL TRAINING- Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section.

      ‘(G) FOREIGN GOVERNMENT TRAINING- Management and development of antiterrorism assistance programs to assist foreign government security training which are administered by the Department of State under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).’;

      (3) by striking section 104;

      (4) by striking section 105;

      (5) in section 107, by striking ‘The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security’ and inserting ‘The Secretary of State shall take into account security considerations’;

      (6) in title II by amending the title heading to read as follows: ‘TITLE II--PERSONNEL’;

      (7) by amending section 201 to read as follows:

‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

    ‘The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may determine.’;

      (8) in section 202--

        (A) by striking ‘The’ in the first sentence and inserting ‘Any such’;

        (B) by striking ‘shall’ each place it appears in the first, third, and fourth sentences and inserting ‘should’; and

        (C) by striking the last sentence;

      (9) in section 203--

        (A) by amending the heading to read as follows:

‘SEC. 203. SPECIAL AGENTS.’;

        (B) in the first sentence by striking ‘Positions in the Diplomatic Security Service’ and inserting ‘Special agent positions’; and

        (C) in the last sentence by striking ‘In the case of positions designated for special agents, the’ and inserting ‘The’; and

      (10) in section 402(a)(2) by striking ‘Assistant Secretary for Diplomatic Security’ and inserting ‘Secretary of State’.

    (i) IMMIGRATION AND NATIONALITY ACT- The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--

      (1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by striking ‘Assistant Secretary of State for Consular Affairs’ and inserting ‘official designated by the Secretary of State pursuant to section 104(b) of this Act’;

      (2) in section 104 (8 U.S.C. 1104)--

        (A) in the heading by striking ‘; bureau of consular affairs’;

        (B) in subsection (a), by striking ‘the Bureau of Consular Affairs’ and inserting ‘the Administrator’;

        (C) by amending subsection (b) to read as follows:

    ‘(b) The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this Act by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this Act which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.’;

        (D) in subsection (c), by striking ‘Bureau’ and inserting ‘Department of State’; and

        (E) in subsection (d), by striking all after ‘respectively’ before the period.

      (3) in section 105 (8 U.S.C. 1105) by striking ‘Assistant Secretary of State for Consular Affairs’ and inserting ‘Administrator’ each place it appears.

    (j) DEPARTMENT OF STATE APPROPRIATIONS ACT, 1989- Section 306 of the Department of State Appropriations Act, 1989 (Public Law 100-459) is repealed.

    (k) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, FISCAL YEAR 1989- Section 8125 of the Department of Defense Appropriations Act, Fiscal Year 1989 (Public Law 100-463) is amended by striking subsection (c).

    (l) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956- (1) Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended--

      (A) in subsection (a) by striking ‘(hereafter’ and all that follows before the period; and

      (B) in subsection (b)--

        (i) by striking ‘The’ and all that follows through ‘shall--’ and inserting the following:

    ‘The Secretary of State shall be responsible for formulation, coordination, and oversight of international communications and information policy. The Secretary of State shall--’;

        (ii) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;

        (iii) by inserting before paragraph (2) (as so redesignated) a new paragraph (1) as follows:

      ‘(1) exercise primary authority for the conduct of foreign policy with respect to telecommunications, including the determination of United States positions and the conduct of United States participation in bilateral and multilateral negotiations with foreign governments and in international bodies;’;

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

        (v) in paragraph (4), by striking ‘the Senior Interagency Group on International Communications and Information Policy’ and inserting ‘any senior interagency policy-making group on international telecommunications and information policy’.

    (2) Section 3 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670) is amended--

      (A) by striking ‘and’ at the end of subsection (k);

      (B) by striking the period at the end of subsection (l) and inserting ‘; and’; and

      (C) by adding at the end the following:

      ‘(m) establish, maintain, and operate passport and dispatch agencies.’.

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

    (m) REFUGEE ACT OF 1980- The Refugee Act of 1980 (Public Law 96-212) is amended--

      (1) in the heading for title III, by striking ‘UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS AND’;

      (2) by striking the heading for part A;

      (3) by repealing section 301; and

      (4) by striking the heading for part B.

    (n) IMMIGRATION AND NATIONALITY ACT-

      (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,’;

        (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,’.

    (o) STATE DEPARTMENT BASIC AUTHORITIES ACT- Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended--

      (1) in section 202(a) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7);

      (2) in section 203 by amending such section to read as follows:

‘AUTHORITIES OF THE SECRETARY OF STATE

    ‘SEC. 203. The Secretary is authorized to--

      ‘(1) assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privileges, and immunities to which a foreign mission may be entitled;

      ‘(2) provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204;

      ‘(3) dispose of property acquired in carrying out the purposes of this Act;

      ‘(4) designate an office within the Department of State to carry out the purposes of this Act. In the event such an office is established, the President may appoint, by and with the advice and consent of the Senate, a Director, with the rank of ambassador. Furthermore, of the Director and the next most senior person in the office, one should be an individual who has served in the United States Foreign Service while the other should be an individual who has served in the United States intelligence community; and

      ‘(5) perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title.’;

      (3) in section 204--

        (A) in subsections (a), (b), and (c), by striking ‘Director’ each place it appears and inserting ‘Secretary’; and

        (B) in paragraph (d), by striking ‘the Director or any other’ and inserting ‘any’;

      (4) in section 204A, by striking ‘Director’ each place it appears and inserting ‘Secretary’;

      (5) in section 205--

        (A) in subsection (a), by striking ‘Director’ and inserting ‘Secretary’; and

        (B) in subsection (c)(2) by striking ‘authorize the Director to’; and

      (6) in section 208--

        (A) in subsection (d) by striking ‘Director’ and inserting in its place ‘Secretary’;

        (B) in subsections (c), (e), and (f), by striking ‘Office of Foreign Missions’ each place it appears and inserting ‘Department of State’; and

        (C) in subsection (h)(2) by striking ‘Director or the’.

    (p) OFFICE OF COUNSELOR; LEGAL ADVISOR-

      (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) 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 amended by striking section 30.

SEC. 134. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

    Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 3928) is amended to read as follows:

‘SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

    ‘The President may appoint, with the advice and consent of the Senate, a Director General of the Foreign Service, who shall be a career member of the Senior Foreign Service. The Director General should assist the Secretary of State in the management of the Service and perform such functions as the Secretary of State may prescribe.’.

PART D--PERSONNEL

SEC. 141. LABOR-MANAGEMENT RELATIONS.

    Section 1017(e) of the Foreign Service Act of 1980 is amended to read as follows:

    ‘(e)(1) Notwithstanding any other provision of this chapter--

      ‘(A) 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--

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

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

        ‘(iii) 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; and

      ‘(B) service as a management official or confidential employee is prohibited on the part of any individual having participated in the management of a labor organization or having acted as a representative of a labor organization during the preceding two years.

    ‘(2) For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.’.

SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.

    (a) PROGRAM AUTHORITY- For the fiscal years 1994 and 1995 and subject to the availability of appropriations, the Secretary of State is authorized to establish and administer a program to provide financial incentives for retirement to certain members of the Foreign Service at the Department of State who are eligible for retirement.

    (b) CAP ON INCENTIVE AMOUNT- The financial incentive paid to any eligible individual pursuant to this section may not exceed the lesser of--

      (1) an amount equal to the amount the member would be entitled to receive under section 5595(c) of title 5, United States Code, if the member were entitled to payment under such section; or

      (2) $25,000.

    (c) COST NEUTRALITY OR SAVINGS- The Secretary shall ensure that the total cost of financial incentives paid to eligible individuals under any program established pursuant to the authority of subsection (a) during the fiscal years 1994 and 1995 does not exceed the total cost the Department would have incurred for pay and other personnel benefits during such period for such eligible individuals had they not retired.

    (d) RELATIONSHIP TO OTHER GOVERNMENT BENEFITS- The amount paid to any eligible individual pursuant to the authority of subsection (a) may not--

      (1) be the basis for payment of, and may not be included in the computation of, any other monetary benefit payable with respect to such individual by the Federal Government; and

      (2) be taken into account for purposes of determining the amount of any severance pay to which such eligible individual is entitled under any other provision of law based on any other separation from employment by the Federal Government.

    (e) UNITED STATES INFORMATION AGENCY AND AGENCY FOR INTERNATIONAL DEVELOPMENT- The Director of the United States Information Agency and the Director of the Agency for International Development are authorized to exercise the same authorities with respect to members of the Foreign Service serving at the United States Information Agency and the Agency for International Development, respectively, as the Secretary of State is authorized to exercise with respect to members of the Foreign Service under this section.

SEC. 143. WAIVER OF LIMIT 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) the following new paragraph:

    ‘(2) The Secretary of State may waive the loss limitation under paragraph (1) for claims for damage or loss by United States Government personnel subject to a chief of mission in a foreign country whose claims arose from a departure authorized or ordered under circumstances described in section 5522(a) of title 5 of the United States Code, if the Secretary determines that exceptional circumstances 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. 144. SALARIES OF CHIEFS OF MISSION.

    Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C. 3961(a)) is amended--

      (1) by striking ‘, exclusive of danger pay,’; and

      (2) by striking ‘not exceed the annual rate payable for level I of such Executive Schedule’, and inserting ‘be subject to the limitation on certain payments under section 5307 of title 5 of the United States Code’.

SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

    (a) LIMITATION ON CERTAIN PAYMENTS- 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 of the United States Code.’.

    (b) PROHIBITION ON PERFORMANCE PAY AWARDS IN CERTAIN YEARS-

      (1) Notwithstanding any other provision of law, for fiscal years 1994 and 1995, performance pay awards and payments may not be made under section 405 of the Foreign Service Act of 1980 for a fiscal year by any agency subject to an agency-wide reduction in force for budgetary reasons during that fiscal year.

      (2) No additional performance pay awards or payments may be made in any subsequent fiscal year to compensate for the prohibition under paragraph (1).

SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES.

    Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended by striking all that follows the section caption and inserting the following:

    ‘(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 within 90 days after the termination 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 termination 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. 147. 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 of 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 Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER EXTENSIONS.

    Section 607(b) of the Foreign Service Act of 1980 (22 U.S.C. 4007(b)) is amended by adding at the end ‘Effective September 30, 1995, the number of members of the Senior Foreign Service serving under such limited career extensions may not exceed 25 percent of the total number of members of the Service who are eligible to serve under a limited extension.’.

SEC. 149. AMENDMENTS TO TITLE 5.

    (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 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)’.

SEC. 150. AMENDMENTS TO CHAPTER 11 OF THE FOREIGN SERVICE ACT.

    (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 ‘for up to one year, or until the Board has ruled upon the grievance, whichever period is shorter. The Board shall extend the one-year limit 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.’.

    (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)’.

PART E--INTERNATIONAL ORGANIZATIONS

SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFEGUARDS.

    (a) PURPOSE- It is the purpose of this section to secure improvements in the effectiveness of International Atomic Energy Agency safeguards.

    (b) DEFINITIONS- As used in this section--

      (1) the term ‘IAEA’ means the International Atomic Energy Agency;

      (2) 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;

      (3) the term ‘nuclear-weapon state’ has the meaning given to such term by Article IX(3) of such Treaty; and

      (4) the term ‘special fissionable material’ has the meaning given to such 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.

    (c) REFORMS IN IAEA SAFEGUARDS- The President should direct the United States representatives to the IAEA to work toward the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, including the following:

      (1) Improving the ability of the IAEA to detect within any non-nuclear-weapon state which has accepted full-scope safeguards, nuclear facilities, whether or not declared by that state, that are capable of producing, processing, or fabricating special fissionable material suitable for use in a nuclear explosive device.

      (2) Increasing the transparency of international nuclear commerce.

      (3) Examining the feasibility of increasing the scope of safeguards for members who have accepted full-scope safeguards to include all activities and facilities which could significantly contribute to the acquisition or production of nuclear explosive devices.

      (4) Improving the access of the IAEA to information about the nuclear activities of member states of the IAEA.

      (5) Examining the practicality and advisability of the IAEA conducting less frequent inspections at nuclear facilities in member states which--

        (A) provide advance consent for the IAEA to conduct unrestricted, short notice inspections of any facility, whether or not declared by the state;

        (B) provide early notification of construction of new facilities and modifications to existing facilities and the early submission of design information regarding such new or modified facilities; and

        (C) accept any inspectors of the IAEA who are approved by the Board of Governors of the IAEA, agree not to limit the number of such inspectors, and waive visa requirements for such inspectors.

    (d) REPORTING REQUIREMENT- 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 and plans to take to implement each of the objectives set forth in subsection (c);

      (2) the progress that has been made and the obstacles that have been encountered in seeking to meet the objectives set forth in subsection (c);

      (3) any other steps he has taken or plans to take to strengthen the implementation of IAEA safeguards;

      (4) the steps the IAEA has taken to implement each of the objectives set forth in subsection (c); and

      (5) any other steps the IAEA has taken to strengthen the implementation of IAEA safeguards.

    (e) REPORT ON FUNDING- Within one year after the date of the enactment of this Act, the President shall submit to the Congress a report assessing what additional funds are required for the IAEA to implement the objectives set forth in subsection (c) and what funds the United States plans to contribute to the IAEA over the next 5 fiscal years.

SEC. 162. AGREEMENT ON STATE AND LOCAL TAXATION OF FOREIGN EMPLOYEES OF PUBLIC INTERNATIONAL ORGANIZATIONS.

    The President is hereby 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.

SEC. 163. 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 103 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 Secretary of State determines that 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 who are 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 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.

SEC. 164. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    (a) AUTHORIZATION TO RECEIVE PAYMENTS- Section 2 of the American-Mexican Chamizal Convention Act of 1964 (Public Law 88-300; 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 payments of money from public or private sources in the United States or Mexico made 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 Cd. Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the Commission which is currently available. Funds received under this subsection shall be available only for the replacement of such bridge.

    ‘(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 amended to read as follows:

    ‘SEC. 2. (a) A separate fund, known as the ‘Falcon and Amistad Operating and Maintenance Fund’ (hereinafter referred to as the ‘Maintenance Fund’), shall be created in the Treasury of the United States. 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 operation, maintenance, and emergency costs for 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 operation, maintenance, and emergency costs for 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 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 moneys 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 said Treaty shall be credited to the General Fund of the Treasury of the United States.’.

SEC. 165. 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. 166. 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. 167. INTERNATIONAL PEACEKEEPING REFORM.

    (a) FINDINGS- The Congress finds that--

      (1) at the beginning of 1993, there were 13 United Nations international peacekeeping operations in existence, 9 of which were established since 1990;

      (2) in 1987 the United Nations spent $233,000,000 on all international peacekeeping operations, compared to $3,800,000,000 budgeted for this function in 1993;

      (3) while the United States is currently assessed 25 percent of the regular budget of the United Nations and its specialized agencies, the United States had, until 1993, been assessed 30.4 percent for the United Nations peacekeeping operations;

      (4) by early 1993, the United Nations unilaterally increased the United States assessed level for international peacekeeping operations to 31.7 percent to compensate for the breakup of the former Soviet Union;

      (5) the United States’ share of the United Nations international peacekeeping assessments is significantly higher than that of any other member state, regardless of economic strength, location, or potential to benefit from specific peacekeeping missions;

      (6) the United States Government faces a protected period of serious fiscal constraint, particularly in its international affairs budget;

      (7) there is growing concern in the Congress over the potential for excessive reliance on United Nations international peacekeeping operations for the resolution of local and regional conflicts, including concern over the continued viability of existing United Nations peacekeeping operations that have become permanent fixtures in local disputes rather than serving to bring such disputes to resolution; and

      (8) for fiscal year 1994, the executive branch has requested the creation of a United States Peacekeeping Emergency Fund to increase the ability of the United States to respond quickly to unforseen peacekeeping emergencies.

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

      (1) the United States should seek to negotiate a reduction of its assessed share for any international peackeeping operation to its current share of the regular assessed budget for the international organization or entity with jurisdiction over that operation;

      (2) all United States military assistance, logistical support and in-kind contributions for an international peacekeeping operation should either be fully counted toward the United States assessment for that operation or should be fully reimbursed; and

      (3) regional countries or groups of countries that would receive disproportionate benefit from the establishment of an international operation should voluntarily provide a higher proportionate share of the costs of that peacekeeping operation.

    (c) RESTRICTIONS ON THE USE OF FUNDS IN THE ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES ACCOUNT- Notwithstanding any other provision of law, funds authorized under this Act to be appropriated to the Contributions for International Peacekeeping Activities Account at the Department of State may not be made available for the payment of assessed contributions to United Nations international peacekeeping operations in excess of 30.4 percent of the cost of such operations.

PART F--MISCELLANEOUS PROVISIONS

SEC. 181. WOMEN’S HUMAN RIGHTS PROTECTION.

    (a) SENSE OF CONGRESS- The Congress makes the following declarations:

      (1) The State Department should designate within the appropriate bureau a special assistant to the Assistant Secretary to promote international women’s human rights within the overall human rights policy of the United States Government.

      (2) The purpose of assigning a special assistant on women’s human rights issues is not to segregate such issues, but rather to assure that they are considered along with other human rights issues in the development of United States foreign policy.

      (3) A specifically designated special assistant is necessary because within the human rights field and the foreign policy establishment, the issues of gender-based discrimination and violence against women have long been ignored or made invisible.

      (4) The Congress believes that abuses against women would have greater visibility and protection of women’s human rights would improve if the advocate were responsible for integrating women’s human rights issues into United States human rights policy in ways including, but not limited to, the following:

        (A) The designated women’s human rights advocate would seek to assure that the issue of abuses against women, along with human rights issues generally, are a factor in determining appropriate recipients for United States bilateral assistance as well as United States votes at the multilateral development banks.

        (B) The advocate would work with the regional bureaus of the Department of State to devise strategies for the executive branch to bring pressure to bear on governments that engage in violence or systematic discrimination against women or fail to afford equal treatment of women before the law.

        (C) The advocate would, in consultation with the bureau responsible for international organizations, pursue strategies to increase the visibility and integration of gender-based persecution and violence in multilateral fora including, but not limited to, the United States Commission on Human Rights and the Working Group on Torture.

        (D) The advocate would seek to assure that the United States Trade Representative conduct inquiries and take steps to prevent countries from receiving trade benefits under the Generalized System of Preferences and most favored nation status where governments fail to address violence, systematic discrimination, and exploitation of women workers.

        (E) The advocate would seek to assure that the protection of women’s human rights, including womens’ participation in the political process, women’s right to freedom of association and expression, and freedom from discrimination, would be addressed in the context of United States funded programs in the area of democracy including, but not limited to, democracy programs at the Agency for International Development, democracy programs for Eastern Europe funded by the Support for East European Democracy (SEED) Act of 1989, and new programs that may be contemplated.

        (F) The advocate would seek to assure that United States assistance programs in the area of administration of justice include efforts to redress violations of women’s rights.

        (G) The advocate would work with the Agency for International Development and the appropriate office at the Department of State to secure funding for programs to meet the needs of women victims of human rights abuses including, but not limited to, medical and psychological assistance for rape victims.

        (H) The advocate would work to assure United States ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and oversee the preparation of reports pursuant to that Convention.

        (I) The advocate would seek to upgrade the quality and quantity of information about abuses of women’s human rights in the reporting from United States embassies overseas, incorporate that information not only in the State Department Country Reports on Human Rights, but also in other public statements and documents including, but not limited to, congressional testimony and private demarches.

    (b) CONGRESSIONAL NOTIFICATION-

      (1) Not later than one year after the date of enactment of this Act, the Secretary of State shall notify the Congress of the steps taken to create the position described in subsection (a) or to otherwise fulfill the objectives detailed in that subsection.

      (2) If the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, not more than 90 days after the date of enactment of this Act, the Secretary of State shall notify the Congress, in writing, of the administration’s position on the ratification of CEDAW and timetable for submission of CEDAW for congressional consideration and approval.

SEC. 182. PUBLISHING INTERNATIONAL AGREEMENTS.

    Section 112a of title 1 of the United States Code is amended--

      (1) by inserting ‘(a)’ immediately before ‘The Secretary of State’; and

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

    ‘(b) The Secretary of State may determine that publication of certain categories of agreements is not required, if 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, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force, (B) the agreements do not create private rights or duties, nor establish standards intended to govern government action in the treatment of private individuals; (C) 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 (D) 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 paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request.

    ‘(c) Any determination pursuant to subsection (b) shall be published in the Federal Register.’.

SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.

    (a) MIGRATION AND REFUGEE ASSISTANCE ACT AMENDMENTS-

      (1) The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amended--

        (A) in section 2 by striking ‘the Intergovernmental Committee for European Migration’ and inserting ‘the International Organization for Migration’ each place it appears;

        (B) in section 2(a) by striking ‘the Committee’ and inserting ‘the Organization’ each place it appears;

        (C) in the first sentence of section 2(a) by inserting before the period ‘, as amended in Geneva, Switzerland, on May 20, 1987’; and

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

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

SEC. 184. 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 the Congress that the President should direct the Secretary of State to request the Secretary-General of the United Nations to seek immediate resolution of this problem. 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 for the fiscal year 1995.

SEC. 185. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.

    In light of the longstanding efforts of the United States and the other major donor nations to reform the Food and Agriculture Organization and 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. 186. INTERPARLIAMENTARY EXCHANGES.

    (a) AUTHORIZATIONS OF APPROPRIATIONS-

      (1) Section 2 of Public Law 86-420 is amended--

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

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

      (2) Section 2 of Public Law 86-42 is amended--

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

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

    (b) DEPOSIT OF FUNDS IN INTEREST-BEARING ACCOUNTS- Funds appropriated and disbursed pursuant to section 303 of Title III 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 a miscellaneous account of the Treasury.

SEC. 187. 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, shall 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 and nongovernmental voluntary organizations, the Secretary of State shall 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 for field staff 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 shall 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 or 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 person;

      (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 fact-finding missions or other means of investigating such reports and help identify appropriate remedial measures.

    (e) MULTILATERAL ORGANIZATIONS- The United States Government shall use its voice and vote in the United Nations and its participation in other multilateral organizations, to promote policies which seek to protect and address basic human rights and needs of refugee women and children. The Secretary of State shall work to ensure that multilateral organizations fully incorporate the needs of refugee women and children into all elements of refugee assistance programs.

    (f) SENSE OF CONGRESS ON MULTILATERAL IMPLEMENTATION OF THE 1991 UNHCR ‘GUIDELINES ON THE PROTECTION OF REFUGEE WOMEN’- It is the sense of the Congress that the President should enter into bilateral and multilateral negotiations to encourage other governments that provide refugee assistance to adopt refugee assistance policies designed to encourage full implementation of the UNHCR’s 1991 ‘Guidelines on the Protection of Refugee Women’.

SEC. 188. 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;

      (2) in paragraph (3)(A) by striking ‘and’ after the semicolon;

      (3) in paragraph (3)(B) by striking the period and inserting ‘; and’; and

      (4) by adding at the end the following:

        ‘(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 enactment of this Act, the Secretary of State shall submit a report to the Chairman of the Committee on Foreign Affairs of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate concerning steps taken to ensure that the goals of the amendment under subsection (a) are being met.

SEC. 189. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

    Section 304(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138) is amended--

      (1) by striking ‘Treasury’ and inserting ‘Treasury, in consultation with the Attorney General and appropriate investigative agencies,’; and

      (2) by inserting at the end ‘Each such report shall provide a detailed list and description of specific assets.’.

SEC. 190. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS VICTIMIZED BY GERMANY DURING WORLD WAR II.

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

      (1) The national interests of the United States require the presence abroad of United States citizens.

      (2) Conditions in many parts of the world present dangers to the safety and security of Americans abroad.

      (3) The protection of United States citizens abroad depends on their enjoying full protection against war crimes and crimes against humanity committed by foreign governments.

      (4) The conduct of the Government of Germany in using slave labor during the period 1939 to 1945 constituted the acts of an outlaw state and an abrogation of treaty obligations under the Convention Respecting the Laws and Customs of War on Land (Done at The Hague, 18 October 1907).

    (b) SENSE OF CONGRESS- It is the sense of the Congress that United States citizens who were victims of war crimes and crimes against humanity committed by the Government of Germany during the period 1939 to 1945 should be compensated by the Government of Germany.

SEC. 191. TRANSPARENCY IN ARMAMENTS.

    It is the sense of the Congress that--

      (1) no sale of any defense article or defense service should be made, no license should be issued for the export of any defense article or defense service, and no agreement to transfer in any way any defense article or defense service should be made to any nation that does not fully furnish all pertinent data to the United Nations Register of Conventional Arms pursuant to United Nations General Assembly Resolution 46/36L by the reporting date specified by such register; and

      (2) if a nation has not submitted the required information by the reporting date of a particular year, but subsequently submits notification to the United Nations that it intends to provide such information at the next reporting date, an agreement may be negotiated with the nation or a license may be issued, but the actual delivery of such defense article or service should not occur until that nation submits such information.

SEC. 192. REVITALIZATION OF THE ‘PERMANENT FIVE’ PROCESS.

    (a) CONGRESSIONAL DECLARATIONS- The Congress makes the following findings and declarations:

      (1) Talks among the five permanent members of the United Nations Security Council (‘Perm-5’) first established in October 1991 present the best opportunity to negotiate qualitative and quantitative guidelines on conventional arms sales to the developing world.

      (2) Reconvening of the ‘Perm-5’ talks is an urgent matter of international security.

    (b) SENSE OF CONGRESS- It is the sense of the Congress that the President should seek to restart ‘Perm-5’ talks and should report to the Congress on the progress of such talks and the effects of United States agreements since October 1991 to sell arms to the developing world.

SEC. 193. REPORT ON THE IMPACT OF CONVENTIONAL WEAPONS PROLIFERATION.

    Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776) is amended in paragraph (1) by inserting after the first sentence ‘Each certification shall provide an evaluation of the manner in which the proposed sale would meet legitimate defense needs of the foreign country or international organization to which the sale would be made, increase regional tensions or instability, and introduce new or more sophisticated military capabilities into the region.’.

SEC. 194. ESTABLISHMENT OF INDEPENDENT INSPECTORS GENERAL AT INTERNATIONAL ORGANIZATIONS.

    The Congress makes the following findings and declarations:

      (1) As a result of the March 1, 1993, report by then United Nations Under Secretary General for Administration and Management, the Honorable Richard Thornburg, concern has been raised about the United Nation’s deficiencies in dealing with fraud, waste, and abuse.

      (2) It is the sense of the Congress that the President should pay urgent attention to persuading the Secretary General of the United Nations to take immediate steps to implement the recommendations contained in the March 1, 1993, report, giving prominent attention to the finding that the organization urgently needs the establishment of a strong and independent office of inspector general for the purposes of internal program and administrative audit and efficiency review. It is further the sense of the Congress that the reports and findings of an inspector general should be fully available to member states.

      (3) The President should seek to persuade other international organizations of which the United States is a member to establish independent inspectors general, where applicable, in addition to other steps to develop effective means to eliminate fraud, waste, and abuse.

      (4) It is the sense of the Congress that all program and administrative audit and efficiency reviews should be fully available to the governing bodies of such organizations.

      (5) It is the sense of the Congress that the President should include as a condition of new membership (or renewal of suspended membership) in any major international organization that the international organization have effective program and administrative audits and efficiency reviews which are provided to member states as expeditiously as possible after such reports and findings are made.

SEC. 195. SENSE OF CONGRESS REGARDING ADHERENCE TO UNITED NATIONS CHARTER.

    It is the sense of the Congress that--

      (1) the President should seek an assurance from the Secretary General of the United Nations that the United Nations will comply with Article 100 of the United Nations Charter;

      (2) neither the Secretary General of the United Nations nor his staff should seek or receive instructions from any government or from any other authority external to the United Nations; and

      (3) the President should report to Congress when he receives such assurance from the Secretary General of the United Nations.

SEC. 196. FOOD AS A HUMAN RIGHT.

    (a) THE RIGHT TO FOOD AND UNITED STATES FOREIGN POLICY-

      (1) IN GENERAL- The United States shall, in accordance with its international obligations and in keeping with the longstanding humanitarian tradition of the United States, promote increased respect internationally for the rights to food and to medical care, including the protection of these rights with respect to civilians and noncombatants during times of armed conflict (such as through ensuring safe passage of relief supplies and access to impartial humanitarian relief organizations providing relief assistance).

      (2) RESPONSIBILITIES OF ASSISTANT SECRETARY OF STATE- The responsibilities of the assistant Secretary of State who is responsible for human rights and humanitarian affairs shall include promoting increased respect internationally for the rights to food and to medical care in accordance with paragraph (1).

    (b) UNITED NATIONS CONVENTION ON THE RIGHT TO FOOD- It is the sense of the Congress that a major effort should be made to strengthen the right to food in international law to assure the access to all persons to adequate food supplies. Toward that end, the Secretary of State, through the United States Representative to the United Nations, should propose to the United Nations General Assembly that a Declaration and Convention concerning the right to food be adopted and submitted to the countries of the world for ratification.

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

PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    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 Center for Cultural and Technical Interchange Between North and South Act, 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’, $489,854,000 for the fiscal year 1994 and $503,362,000 for the fiscal year 1995.

      (2) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-

        (A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS- For the ‘Fulbright Academic Exchange Programs’, $137,043,000 for the fiscal year 1994 and $140,743,000 for the fiscal year 1995.

        (B) OTHER 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’, ‘South Pacific Exchanges’, and ‘Arts America’, $108,482,000 for the fiscal year 1994 and $110,731,000 for the fiscal year 1995.

      (3) BROADCASTING TO CUBA- For ‘Broadcasting to Cuba’, $28,351,000 for the fiscal year 1994 and $28,362,000 for the fiscal year 1995.

      (4) INTERNATIONAL BROADCASTING ACTIVITIES- For ‘International Broadcasting Activities’ under part B, $606,790,000 for the fiscal year 1994, and $717,790,000 for the fiscal year 1995.

      (5) OFFICE OF THE INSPECTOR GENERAL- For ‘Office of the Inspector General’, $4,390,000 for the fiscal year 1994 and $4,396,000 for the fiscal year 1995.

      (6) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST- For ‘Center for Cultural and Technical Interchange between East and West’, $23,000,000 for the fiscal year 1994 and $23,621,000 for the fiscal year 1995.

      (7) AMERICAN STUDIES COLLECTIONS- To the Bureau of Educational and Cultural Affairs of the United States Information Agency--

        (A) $1,650,000 for the fiscal year 1994 and $1,950,000 for the fiscal year 1995 to fund the endowment authorized to be established under section 239; and

        (B) in addition to such amounts under subparagraph (A), $450,000 for each of the fiscal years 1994 and 1995 to carry out section 239.

PART B--INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES

SEC. 211. SHORT TITLE.

    This part may be cited as the ‘International Broadcasting Act of 1993’.

SEC. 212. FINDINGS AND DECLARATIONS.

    The Congress makes the following findings and declarations of policy:

      (1) It is the policy of the United States to promote 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 among the peoples of the world is in the interests of the United States.

      (3) It is in the interests of the United States to support broadcasting to other nations consistent with the requirements of this Act.

SEC. 213. STANDARDS.

    International broadcasting supported by United States Government funds shall--

      (1) be consistent with the broad foreign policy objectives of the United States;

      (2) be consistent with the international telecommunications policies and treaty obligations of the United States;

      (3) complement the activities of private United States broadcasters;

      (4) complement the activities of government supported broadcasting entities of other democratic nations;

      (5) be conducted in accordance with the highest professional standards of broadcast journalism;

      (6) be based on reliable information about its potential audience; and

      (7) be designed so as to effectively reach a significant audience.

SEC. 214. FUNCTIONS.

    United States international broadcasting shall include--

      (1) news which is consistently reliable and authoritative, accurate, objective, and comprehensive;

      (2) a balanced and comprehensive projection of American thought and institutions, reflecting the diversity of American culture and society;

      (3) clear and effective presentation of the policies of the United States Government and responsible discussion and opinion on those policies;

      (4) programming to meet needs which remain unserved by the totality of media voices available to the people of certain nations;

      (5) a source of information about developments in each significant region of the world;

      (6) a forum for a variety of opinions and voices from within particular nations and regions prevented by censorship or repression from speaking to their fellow countrymen;

      (7) reliable research capacity to meet the criteria under this section;

      (8) adequate transmitter and relay capacity to support the activities described in this section;

      (9) a source of information about developments in Asia and a forum for a variety of opinions and voices from within Asian nations whose people do not enjoy freedom of expression; and

      (10) training and technical support for independent indigenous media through government agencies or private United States entities.

SEC. 215. ADMINISTRATION.

    (a) AUTHORITY OF PRESIDENT- The President may assign responsibility for any of the functions of United States Government supported international broadcasting to any agency of the United States Government. The President may authorize any public or private entity to carry out the functions described in paragraphs (4), (5), (6), (7), (8), and (9) of section 214(b).

    (b) GRANTS- The President and any agency of the United States Government is authorized to make grants to RFE/RL Incorporated or any other public or private entity in order to carry out the functions of paragraphs (4), (5), (6), (7), (8), and (9) of section 214(b). In exercising oversight responsibilities pursuant to any such grant, an agency shall consider the necessity of maintaining the professional independence and integrity of the grantee in carrying out such functions.

SEC. 216. USIA SATELLITE AND TELEVISION.

    The President is authorized to delegate any of the authorities and duties under section 505 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1464a) to any agency of the United States Government.

SEC. 217. ISRAEL RELAY STATION.

    Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is repealed.

SEC. 218. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

    (a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS- Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent fiscal year, any funds appropriated for the purposes of this part shall not be available for obligation or expenditure--

      (1) unless such funds are appropriated pursuant to an authorization of appropriations; or

      (2) in excess of the authorized level of appropriations.

    (b) SUBSEQUENT AUTHORIZATION- The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.

    (c) APPLICATION- The provisions of this section--

      (1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and

      (2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered under or pursuant to this part.

SEC. 219. REPORT ON ADVERTISING.

    Not later than one year after the date of enactment of this Act, each agency of the United States Government which carries out international broadcasting supported by United States Government funding shall prepare and submit a report to the Congress concerning efforts to sell advertising. Each such report shall include information with respect to the amount of advertising which has been sold, the revenue generated by the sale of advertising, and an evaluation of the potential for sales of advertising.

PART C--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

SEC. 231. CHANGES IN ADMINISTRATIVE AUTHORITIES.

    Section 801 of the United States Informational 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:

      ‘(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. 232. EMPLOYMENT AUTHORITY.

    Section 804(6) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(6)) is amended to read as follows:

      ‘(6) employ individuals or organizations by contract for services to be performed in the United States or abroad, who shall not, by virtue of such employment, be considered to be employees of the United States Government for the purposes of any law administered by the Office of Personnel Management, except that the Director may determine the applicability to such individuals of paragraph (5) of this section;’.

SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.

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

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

      (2) by striking ‘(1) the’ and inserting ‘(A)’;

      (3) by striking ‘(2)’ and inserting ‘(B)’; and

      (4) 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 in the Salaries and Expenses appropriations 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 appropriation 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 available for the United States Information Agency that may be obligated or expended 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. 234. 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:

    ‘(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. 235. APPROPRIATIONS AUTHORITIES.

    Subsection (f) of section 701 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended--

      (1) in paragraph (1)--

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

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

      (2) by striking paragraph (4).

SEC. 236. TECHNICAL AMENDMENT.

    Section 105 of Public Law 87-256 is amended by striking out subsection (a).

SEC. 237. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.

    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. 238. 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 establish and support collections at appropriate university libraries abroad to further the study of the United States, and to enter into agreements with such universities for such purposes.

    (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.

    (d) FUNDING-

      (1) The Director of the United States Information Agency is authorized to establish an endowment fund (hereafter in this section referred to as the ‘fund’) to carry out the purposes of this section and to enter into such agreements as may be necessary to carry out the purposes of this section.

      (2)(A) The Director shall make deposits to the fund of amounts appropriated to the fund under section 201.

      (B) The Director is authorized to accept, use, and dispose of gifts of donations of services or property to carry out this section. Sums of money donated to carry out the purposes of this section shall be deposited into the fund.

      (3) The corpus of the fund shall be invested in Federally-insured bank savings accounts or comparable interest-bearing accounts, certificates of deposit, money market funds, obligations of the United States, or other low-risk instruments and securities.

      (4) The Director may withdraw or expend amounts from the fund for any expenses necessary to carry out the purposes of this section.

SEC. 239. SOUTH PACIFIC EXCHANGE PROGRAMS.

    (a) AUTHORIZED PROGRAMS- The Director of the United States Information Agency is authorized to award academic scholarships to qualified students from the sovereign nations of the South Pacific region to pursue undergraduate and postgraduate study at institutions of higher education in the United States; to make grants to accomplished United States scholars and experts to pursue research, to teach, or to offer training in such nations; and to make grants for youth exchanges.

    (b) LIMITATION- Grants awarded to United States scholars and experts may not exceed 10 percent of the total funds awarded for any fiscal year for programs under this section.

SEC. 240. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.

    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) 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 coordinated through the Bureau to ensure that such exchanges are consistent with United States foreign policy and to avoid duplication of effort. The President shall report annually to the Congress on such coordination. Such report shall include information concerning what exchanges are supported by the United States, the number of exchange participants supported, the types of exchange activities, and the total amount of Federal expenditures for such exchanges.’.

SEC. 241. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL EXPOSITIONS.

    Notwithstanding any other provision of law, the United States Information Agency is not authorized to reprogram funds in order to 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. 242. PRIVATE SECTOR OPPORTUNITIES.

    Section 104(e)(4) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2454) is amended by inserting before the period ‘, and of similar services and opportunities for interchange not supported by the United States Government’.

SEC. 243. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.

    The Director of the United States Information Agency shall establish programs of educational and cultural exchange between the United States and the people of Tibet. Such programs shall include opportunities for training and, as the Director considers appropriate, may include the assignment of personnel and resources abroad.

SEC. 244. CHANGES IN ADMINISTRATIVE AUTHORITIES.

    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: ‘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.’.

PART D--MIKE MANSFIELD FELLOWSHIPS

SEC. 251. SHORT TITLE.

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

SEC. 252. ESTABLISHMENT OF 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 253(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 253.

    (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, subject to the review and approval of the Board described in section 255.

SEC. 253. 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 and appropriate behavior in Japan, as determined by the Center, 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.

      (10) The accounts of the Center shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the Center are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Center and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

      (11) The Center shall provide a report of the audit to the Board no later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor’s opinion of those statements, as are necessary to present fairly the Center’s assets and liabilities, surplus or deficit, with reasonable detail, including a statement of the Center’s income and expenses during the year, including a schedule of all contracts and grants requiring payments in excess of $5,000 and any payments of compensation, salaries, or fees at a rate in excess of $5,000 per year. The report shall be produced in sufficient copies for the public.

SEC. 254. 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. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.

    (a) ESTABLISHMENT- There is hereby established the Mansfield Fellowship Review Board.

    (b) COMPOSITION- The Board shall be composed of 11 individuals, as follows:

      (1) The Secretary of State, or the Secretary’s designee.

      (2) The Secretary of Defense, or the Secretary’s designee.

      (3) The Secretary of the Treasury, or the Secretary’s designee.

      (4) The Secretary of Commerce, or the Secretary’s designee.

      (5) The United States Trade Representative, or the Trade Representative’s designee.

      (6) The Chief Justice of the United States, or the Chief Justice’s designee.

      (7) The Majority Leader of the Senate, or the Majority Leader’s designee.

      (8) The Minority Leader of the Senate, or the Minority Leader’s designee.

      (9) The Speaker of the House of Representatives, or the Speaker’s designee.

      (10) The Minority Leader of the House of Representatives, or the Minority Leader’s designee.

      (11) The Director of the United States Information Agency, who shall serve as the chairperson of the Board, or the Director’s designee.

    (c) FUNCTIONS- (1) The Board shall review the administration of the program assisted under this part.

    (2)(A) Each year at the time of the submission of the President’s budget request to the Congress, the Board shall submit to the President and the Congress a report completed by the Center with the approval of the Board on the conduct of the program during the preceding year.

    (B) Each such report shall contain--

      (i) an analysis of the assistance provided under the program for the previous fiscal year and the nature of the assistance provided;

      (ii) 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 obligations under the program; and

      (iii) 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.

    (d) COMPENSATION- Members of the Board shall not be paid compensation for services performed on the Board.

    (e) AVAILABILITY OF SUPPORT STAFF- The Director of the United States Information Agency is authorized to provide for necessary secretarial and staff assistance for the Board.

    (f) RELATIONSHIP TO FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act shall not apply to the Board to the extent that the provisions of this section are inconsistent with such Act.

SEC. 256. 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;

      (3) the term ‘Board’ means the Mike Mansfield Fellowship Review Board; and

      (4) the term ‘Center’ means the Mansfield Center for Pacific Affairs.

TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY

SEC. 301. PURPOSES.

    The purposes of this title are--

      (1) to promote the reinvigoration of the Arms Control and Disarmament Agency;

      (2) to provide renewed impetus in improving the United States Government’s ability to manage the complex process of negotiating and implementing arms control treaties;

      (3) to establish a higher priority for United States nonproliferation policy and activity as part of United States arms control and to stress cooperative leadership and coordination both at the United States Arms Control and Disarmament Agency and the Department of State with all other agencies; and

      (4) to improve Congressional oversight of the operating budget of the United States Arms Control and Disarmament Agency.

SEC. 302. SPECIAL REPRESENTATIVES.

    (a) IN GENERAL- Section 27 of the Arms Control and Disarmament Act (22 U.S.C. 2567) is amended to read as follows:

‘SEC. 27. SPECIAL REPRESENTATIVES.

    ‘(a) APPOINTMENT- The President may appoint, by and with the advice and consent of the Senate, Special Representatives of the President for Arms Control and Disarmament in the United States Arms Control and Disarmament Agency. Each Presidential Special Representative shall hold the rank of ambassador.

    ‘(b) DUTIES- Presidential Special Representatives shall perform their duties and exercise their powers under direction of the President and the Secretary of State acting through the Director.

    ‘(c) ADMINISTRATIVE SUPPORT- The Agency shall be the Government agency responsible for providing administrative support, including funding, staff, and office space, to all Presidential Special Representatives appointed under this section.’.

    (b) CONFORMING AMENDMENT- Section 5315 of title 5, United States Code, is amended by striking ‘Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2).’ and inserting ‘Special Representatives of the President for Arms Control and Disarmament.’.

SEC. 303. NEGOTIATION MANAGEMENT.

    Section 34 of the Arms Control and Disarmament Act (22 U.S.C. 2574) is amended to read as follows:

‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS

    ‘The Director, acting under the direction of the Secretary of State, shall have primary responsibility for the preparation and management of United States participation in all international negotiations and implementation forums in the fields of arms control and disarmament. To this end--

      ‘(1) the Director, acting under the direction of the Secretary of State, shall have primary responsibility for the preparation, formulation, and support for all such negotiations and forums; and

      ‘(2) United States Government representatives conducting negotiations or acting pursuant to agreements in the fields of arms control and disarmament shall perform their duties and exercise their powers, under the direction of the President and Secretary of State, acting through the Director, as appropriate.’.

SEC. 304. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.

    The Arms Export Control Act is amended as follows:

      (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 will contribute to an arms race, aid in the development of weapons of mass destruction, 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 bilateral arrangements.’.

      (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended by striking out all that follows ‘(3)’ in the last sentence and inserting the following: ‘the assessment of the Director of the United States Arms Control and Disarmament Agency as to the extent to which such sale might contribute to an arms race, aid in the development of weapons of mass destruction, 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.’.

      (3) Section 71 of such Act (22 U.S.C. 2797) is amended--

        (A) in subsection (a) by inserting ‘, the Director of the United States Arms Control and Disarmament Agency,’ after ‘Secretary of Defense’;

        (B) in subsection (b)(1) inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘Secretary of Defense’; and

        (C) in subsection (b)(2)--

          (i) by striking ‘and the Secretary of Commerce’ and inserting ‘, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency’; and

          (ii) by striking the comma after ‘applicant’ and all that follows through ‘documents’.

SEC. 305. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS BY ACDA.

    Title IV of the Arms Control and Disarmament Act is amended by adding at the end the following:

‘SEC. 54. REPROGRAMMING OF FUNDS.

    ‘(a) CONGRESSIONAL NOTIFICATION OF CERTAIN REPROGRAMMINGS- Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance of the proposed reprogramming, funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming of funds that--

      ‘(1) would create or eliminate a program, project, or activity;

      ‘(2) would increase funds or personnel by any means for any program, project, or activity for which funds have been denied or restricted by the Congress;

      ‘(3) would relocate an office or employees;

      ‘(4) would reorganize offices, programs, projects, or activities;

      ‘(5) would involve contracting out functions which had been performed by Federal employees; or

      ‘(6) would involve a reprogramming in excess of $1,000,000 or 10 percent (whichever is less) and would--

        ‘(A) augment existing programs, projects, or activities,

        ‘(B) reduce by 10 percent or more the funding for any existing program, project, activity, or personnel approved by the Congress, or

        ‘(C) result from any general savings from a reduction in personnel that would result in a change in existing programs, activities, or projects approved by the Congress.

    ‘(b) LIMITATION ON END-OF-YEAR REPROGRAMMINGS- Funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming described in paragraph (1) during the last 15 days in which such funds are available for obligation or expenditure (as the case may be) unless the notification required by that paragraph was submitted before that 15-day period.’.

SEC. 306. REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.

    ARMS CONTROL AND DISARMAMENT AGENCY- Title IV of the Arms Control and Disarmament Act is amended by adding at the end the following:

‘SEC. 55. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS- Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent fiscal year, any funds appropriated for the Arms Control and Disarmament Agency shall not be available for obligation or expenditure--

      ‘(1) unless such funds are appropriated pursuant to an authorization of appropriations; or

      ‘(2) in excess of the authorized level of appropriations.

    ‘(b) SUBSEQUENT AUTHORIZATION- The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.

    ‘(c) APPLICATION- The provisions of this section--

      ‘(1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and

      ‘(2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered by the Arms Control and Disarmament Agency.’.

SEC. 307. APPOINTMENT OF PERSONNEL.

    Section 41(b) of the Arms Control and Disarmament Act (22 U.S.C. 2581(b)) is amended by striking ‘except that during the 2-year’ and inserting ‘except that the Director may, to the extent he or she deems necessary to the discharge of his or her responsibilities, appoint in the Excepted Service and fix the compensation of employees possessing specialized technical expertise notwithstanding the provisions of title 5, United States Code, governing appointment or compensation of employees of the United States, provided that, 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 provided further, that the number of employees appointed under this provision shall not exceed ten percent of the Agency’s Full Time Equivalent (FTE) ceiling.’.

Passed the House of Representatives June 22, 1993.

Attest:

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