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

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

This bill was enacted after being signed by the President on April 30, 1994. The text of the bill below is as of Jun 8, 1993 (Introduced).

This is not the latest text of this bill.

Source: GPO

HR 2333 IH

103d CONGRESS

1st Session

H. R. 2333

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

IN THE HOUSE OF REPRESENTATIVES

June 8, 1993

Mr. HAMILTON (for himself, Mr. BERMAN, and Mr. GILMAN) introduced the following bill; which was referred to the Committee on Foreign Affairs


A BILL

To authorize appropriations for the Department of State, the United States Information Agency, and related agencies, to authorize appropriations for foreign assistance programs, 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 TITLES.

    (a) IN GENERAL- This Act may be cited as the ‘International Relations Act of 1993’.

    (b) DIVISION A- Division A of this Act may be cited as the ‘State Department, USIA, and Related Agencies Authorization Act, Fiscal Years 1994 and 1995’.

    (c) DIVISION B- Division B of this Act may be cited as the ‘Foreign Assistance Authorization Act of 1993’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short titles.

      Sec. 2. Table of contents.

DIVISION A--STATE DEPARTMENT, USIA, AND RELATED AGENCIES

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. Emergencies in the diplomatic and consular 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. Authorized strength of the foreign 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. Diplomatic security program.

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.

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.

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. Performance of longshore work by alien crewmen.

      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.

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. Repeal of Board for International Broadcasting Act.

      Sec. 218. Conforming amendments.

      Sec. 219. Israel relay station.

      Sec. 220. Requirement for authorization for appropriations.

      Sec. 221. Report on advertising.

Part C--USIA and Related Agencies Authorities and Activities

      Sec. 231. Security requirements of USIA.

      Sec. 232. Employment authority.

      Sec. 233. Buying power maintenance account.

      Sec. 234. Contract authority.

      Sec. 235. Appropriations authorities.

      Sec. 236. Funds provided by other sources.

      Sec. 237. Technical amendment.

      Sec. 238. Separate ledger accounts for NED grantees.

      Sec. 239. American studies collection.

      Sec. 240. South Pacific exchange programs.

      Sec. 241. Coordination of United States exchange programs.

      Sec. 242. Limitation concerning participation in international expositions.

      Sec. 243. Private sector opportunities.

      Sec. 244. Educational and cultural exchanges with Tibet.

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.

Part E--Facilitation of Private Sector Initiatives

      Sec. 261. Short title.

      Sec. 262. Exchange of information and related transactions.

      Sec. 263. Educational, cultural, religious, and scientific activities and exchanges.

      Sec. 264. Establishment of news bureaus.

      Sec. 265. Foreign Assistance Act of 1961.

      Sec. 266. United Nations Participation Act of 1945.

      Sec. 267. Applicability.

TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY

      Sec. 301. Purposes

      Sec. 302. ACDA Director.

      Sec. 303. Special Representatives.

      Sec. 304. Negotiations management.

      Sec. 305. Participation of ACDA Director in certain deliberations.

      Sec. 306. Notification to Congress of proposed reprogrammings by ACDA.

      Sec. 307. Requirement for authorization of appropriations.

DIVISION B--FOREIGN ASSISTANCE AND RELATED PROGRAMS

TITLE XI--REFORM OF FOREIGN ASSISTANCE PROGRAMS

      Sec. 1101. Need for foreign assistance reform.

      Sec. 1102. Evaluation and accountability.

TITLE XII--AUTHORIZATIONS FOR FOREIGN ASSISTANCE PROGRAMS

      Sec. 1201. Authorizations of appropriations for fiscal year 1994.

      Sec. 1202. Housing guarantee program.

      Sec. 1203. Overseas Private Investment Corporation.

      Sec. 1204. Special debt reduction authority.

      Sec. 1205. Special Defense Acquisition Fund.

TITLE XIII--REGIONAL PROVISIONS

      Sec. 1301. Sub-Saharan Africa disaster assistance.

      Sec. 1302. African Development Foundation.

      Sec. 1303. Conflict resolution initiative for Africa.

      Sec. 1304. SADC projects.

      Sec. 1305. South Africa.

      Sec. 1306. Sudan.

      Sec. 1307. Zaire.

      Sec. 1308. Afghanistan humanitarian assistance.

      Sec. 1309. Multilateral Assistance Initiative for the Philippines.

      Sec. 1310. Assistance for Eastern Europe and the Baltics.

      Sec. 1311. Assistance for the independent states of the former Soviet Union.

      Sec. 1312. Assistance for Mongolia.

      Sec. 1313. Termination of IMET program for Malta.

      Sec. 1314. Administration of justice and other law enforcement assistance programs for Latin America and the Caribbean.

      Sec. 1315. Waiver of Brooke amendment for Nicaragua.

      Sec. 1316. Special notification requirements for Guatemala and Peru.

      Sec. 1317. Assistance for the Middle East.

      Sec. 1318. Military drawdown for Israel.

TITLE XIV--PROVISIONS RELATING TO ARMS TRANSFERS

      Sec. 1401. Competitive pricing for sales of defense articles and services.

      Sec. 1402. Increase in aggregate ceiling on transfers of excess defense articles.

      Sec. 1403. Eligibility of East European countries to receive nonlethal excess defense articles.

      Sec. 1404. Exception to payment of full cost for sales of defense training services to certain countries and international organizations.

      Sec. 1405. Eligibility of major non-NATO allies to receive certain contract services in connection with sales of defense articles and services.

      Sec. 1406. Additions to war reserve stockpiles for allies.

TITLE XV--OTHER FOREIGN ASSISTANCE PROVISIONS

      Sec. 1501. Interest accruing to nongovernmental organizations.

      Sec. 1502. Private Sector Revolving Fund.

      Sec. 1503. Development assistance through nongovernmental organizations.

      Sec. 1504. Impact of foreign assistance programs on jobs in the United States.

      Sec. 1505. Capital projects.

      Sec. 1506. Microenterprise development.

      Sec. 1507. Report on AID’s implementation of Agenda 21 principles.

      Sec. 1508. Authority to provide reconstruction assistance under international disaster assistance.

DIVISION A--STATE DEPARTMENT, USIA, AND RELATED AGENCIES

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 $1,685,047,000 for the fiscal year 1994 and $1,730,543,000 for the fiscal year 1995.

      (2) SALARIES AND EXPENSES- For ‘Salaries and Expenses’, of the Department of State $446,203,000 for the fiscal year 1994 and $458,250,000 for the fiscal year 1995.

      (3) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD- For ‘Acquisition and Maintenance of Buildings Abroad’, $406,481,000 for the fiscal year 1994 and $417,523,000 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)--

        (A) $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; and

        (B) not more than $100,000,000 for each of the fiscal years 1994 and 1995 shall be available for the Bureau of Diplomatic Security.

      (2) 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.

      (3) Of the amounts authorized to be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ under subsection (a)(3) and amounts otherwise authorized to be appropriated, not more than $40,000,000 shall be available for each of the fiscal years 1994 and 1995 for administration.

      (4) 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 associated with the conduct of refugee programs by the Bureau for Refugee Programs, or any successor bureau.

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-

      (1) There are authorized to be appropriated for ‘Contributions to International Organizations’, $935,885,000 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.

      (2) Of the amounts authorized to be appropriated under paragraph (1) for fiscal year 1994, not more than $875,885,000 may be obligated or expended in that fiscal year.

    (b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $619,736,000 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’, $407,750,000 for the fiscal year 1994 and $392,750,000 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 each of the fiscal years 1994 and 1995, $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) $126,929,000 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), $32,000,000 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 has terminated all programs and activities in or for Myanmar (Burma).

      (4) INTERNATIONAL ATOMIC ENERGY AGENCY-

        (A) Subject to subparagraph (B), of the amounts authorized to be appropriated for ‘International Organizations and Programs’ under paragraph (1), $40,000,000 for fiscal year 1994 and $40,000,000 for fiscal year 1995 is authorized to be available only for contributions to the International Atomic Energy Agency.

        (B) Of the amounts authorized to be available under subparagraph (A), $10,000,000 is authorized to be available for each of the fiscal years 1994 and 1995 only for the purpose of section 161.

      (5) 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.

      (6) 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 the Office of Management and Budget determines and certifies to Congress that such amounts are necesssary 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’ $14,780,000 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. 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. 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).

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 as provided in subsection (b), the Department of State may not enter into any contract--

        (A) with any foreign person that complies with the Arab League boycott of the State 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 countries when that person takes or knowingly agrees 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 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.

    (b) WAIVERS BY SECRETARY OF STATE- The Secretary of State may waive the prohibition contained in subsection (a)(1)(A) 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 the diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

    (c) RESPONSES TO CONTRACT SOLICITATIONS- 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 with the Department of State, 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.’.

    (d) SUBMISSION OF STATEMENTS- The Department of State may not enter into any contract with any person, unless that person has submitted to the Department of State statements, certified by that person, indicating whether or not that person--

      (1) has answered any questionnaire about its economic or other relations with Israel;

      (2) has agreed to comply with the boycott of Israel by Arab countries;

      (3) has agreed to not do business with Israel or Israeli firms;

      (4) has agreed to take discriminatory actions against any person based on race, religion, sex, or national origin;

      (5) has agreed to furnish information about race, religion, sex, or national origin;

      (6) has agreed to furnish information about business relationships with Israel or Israeli firms; and

      (7) has agreed to furnish information about associations with charitable and fraternal organizations.

    (e) MONITORING REVOCATION-

      (1) MONITORING- The Department of State shall monitor persons making the certifications required by this section, both before and after entering into any contract with such person, for the purpose of determining whether or not the certifications are true.

      (2) REVOCATION- The Department of State may revoke any contract entered into with a person whom the Department of State determines made a false certification under this Act.

SEC. 117. 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 9,000, of whom not more than 862 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 1,600 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 9,000, of whom not more than 787 shall be members of the Senior Foreign Service.

      (2) United States Information Agency, not to exceed 1,200, of whom not more than 155 shall be members of the Senior Foreign Service.

      (3) Agency for International Development, not to exceed 1,600 of whom not more than 220 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; and

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

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 Secretary of State may waive reimbursement by a foreign government upon a determination that such waiver is in the national interest.

    ‘(4) 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 ‘The Secretary of State is authorized to designate by regulation that certain other employees of the Department of State who are citizens of the United States may perform any notarial function authorized to 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 Assistant Secretary of State for Administration, jointly with the Associate Director for Management of the United States Information Agency and the Associate Administrator for Finance and Administration 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. 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 6 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) Whenever a United States consular official 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 a consular official issues a visa to an alien for admission to the United States and the alien was named on the Automated Visa Lookout System as excludable from the United States at the time of the consular officer’s review and issuance of such visa, such action shall be investigated for appropriate disciplinary action, consistent with law and regulations. Any disciplinary action taken shall be in the officer’s annual performance evaluation.

      (2) In any case where a serious loss of life or property in the United States involves the issuance of a visa to an alien listed on 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, 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. DIPLOMATIC SECURITY PROGRAM.

    Section 401(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851(a)(3)) is amended by striking the last sentence.

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.

      ‘(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 19 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 63 Deputy Assistant Secretaries of State.’.

    (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.

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

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

      (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 (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; and

      ‘(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’.

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 prescibe.’.

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, participation in the management of a labor organization or acting as a representative of a labor organization is prohibited under this chapter--

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

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

    ‘(2) For the purposes of paragraph (1), the term ‘management official’ shall include all members of the Senior Foreign Service.’.

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) the minimum amount determined by the Secretary of State to be necessary to achieve the desired number of retirements; 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.

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 an emergency evacuation or departure authorized or ordered as provided under 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- Section 405 of the Foreign Service Act (22 U.S.C. 3965j) is amended by adding at the end the following:

    ‘(e)(1) Notwithstanding any other provision of this section, performance pay awards and payments may not be made under this section 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 to read as follows:

    ‘(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 Director of the Office of Personnel Management 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 Director 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, 1994, the number of members of the Senior Foreign Service serving under such limited career extensions may not exceed 10 percent of the total number of members of the Service who are eligible to serve under a limited extension.’.

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 shall 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, 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 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) accept IAEA safeguards for the construction of new facilities or the modification of existing facilities which fall under the scope of IAEA safeguards; 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 Ciudad Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the Commission which is currently available. Funds received under this subsection shall be available only for the replacement of such bridge.

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

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

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

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 (AID), democracy programs for Eastern Europe funded by the Support Eastern European Democracy (SEED) legislation, 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 AID 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 by striking ‘Committee’ and inserting ‘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. PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN.

    (a) REPEAL OF RECIPROCITY EXCEPTION- Section 258(d) of the Immigration and Nationality Act (8 U.S.C. 1288(d)) is repealed.

    (b) CONFORMING AMENDMENT- Section 258(a) of that Act is amended by striking ‘or subsection (d)’.

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 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 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-specific 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 access to United States courts for remedies for egregious violations by foreign governments of their human rights, and particularly for war crimes and crimes against humanity committed against Americans.

      (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 have remedies against the Germany in United States courts for damages for personal injury or property damages or loss.

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’, $484,854,000 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) HUBERT H. HUMPHREY FELLOWSHIP PROGRAM- For the ‘Hubert H. Humphrey Fellowship Program’, $7,977,000 for the fiscal year 1994 and $8,192,000 for the fiscal year 1995.

        (C) EDMUND S. MUSKIE FELLOWSHIP PROGRAM- For the ‘Edmund S. Muskie Fellowship Program’, $7,000,000 for the fiscal year 1994 and $7,000,000 for the fiscal year 1995.

        (D) INTERNATIONAL VISITORS PROGRAM- For the ‘International Visitors Program’, $52,295,000 for the fiscal year 1994 and $53,707,000 for the fiscal year 1995.

        (E) AMERICAN STUDIES COLLECTIONS- To the Bureau of Educational and Cultural Affairs of the United States Information Agency, for the establishment and support of American studies collections at university libraries abroad, $2,100,000 for the fiscal year 1994 and $2,400,000 for fiscal year 1995, which is authorized to remain available until expended.

        (F) OTHER PROGRAMS- For ‘Mike Mansfield Fellowship Program’, ‘Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation’, ‘East Europe Training Projects’, ‘Citizen Exchange Programs’, ‘Congress-Bundestag Exchange Program’, ‘Newly Independent States and Eastern Europe Training’, Institute for Representative Government’, ‘Freedom Support Act Secondary School Exchange’, ‘South Pacific Exchanges’, and ‘Arts America’, $41,807,000 for the fiscal year 1994 and $42,936,000 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) NATIONAL ENDOWMENT FOR DEMOCRACY- For ‘National Endowment for Democracy’, $48,000,000 for the fiscal year 1994 and $49,296,000 for the fiscal year 1995.

      (7) 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.

      (8) NORTH/SOUTH CENTER- For ‘North/South Center’ $8,000,000 for the fiscal year 1994 and $8,000,000 for the fiscal year 1995.

      (9) ISRAELI-ARAB SCHOLARSHIP PROGRAM- For ‘Israeli-Arab Scholarship Program’, $397,000 for the fiscal year 1994 and $407,000 for the fiscal year 1995.

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 under this Act 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. REPEAL OF BOARD FOR INTERNATIONAL BROADCASTING ACT.

    The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871 et seq.) is repealed.

SEC. 218. CONFORMING AMENDMENTS.

    (a) The Radio Broadcasting to Cuba Act (22 U.S.C. 1465) is amended by striking out sections 2 and 5.

    (b) The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa) is amended by striking out section 242.

    (c) The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1463) is amended by striking out section 503.

SEC. 219. ISRAEL RELAY STATION.

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

SEC. 220. 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. 221. 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. SECURITY REQUIREMENTS OF USIA.

    Section 401(e) of the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (22 U.S.C. 4851(e)) is amended--

      (1) by inserting ‘(1)’ immediately before ‘Based’; and

      (2) by adding at the end the following:

      ‘(2) Paragraph (1) may not be construed to prohibit separate authorization of appropriations for security requirements of other foreign affairs agencies.’.

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) 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.’.

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 by striking paragraph (4).

SEC. 236. FUNDS PROVIDED BY OTHER SOURCES.

    The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended--

      (1) by repealing title IX; and

      (2) by adding after section 812 the following new section:

‘SEC. 813. FUNDS PROVIDED BY OTHER SOURCES.

    ‘(a) AUTHORITY- If the Director of the United States Information Agency determines that it is in the public interest, the Director may accept any funds, property, or services made available by any government or private entity in the United States or a foreign country, or by an international organization of which the United States is a member, to be used for the purposes of any program under this Act.

    ‘(b) SPECIAL ACCOUNT- Funds received under subsection (a) are authorized to be deposited in a separate account in the Treasury of the United States and are authorized to remain available until expended for the specified purpose or to carry out any of the purposes of this Act.’.

SEC. 237. TECHNICAL AMENDMENT.

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

SEC. 238. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.

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

SEC. 239. 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.

SEC. 240. 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. 241. 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. 242. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL EXPOSITIONS.

    Notwithstanding any other provision of law, the United States Information Agency is not authorized to reprogram or to obligate or expend any funds for a United States pavilion or other major exhibit at any international exposition or world’s fair without an express authorization of appropriations for such purpose.

SEC. 243. PRIVATE SECTOR OPPORTUNITES.

    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. 244. 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.

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.

PART E--FACILITATION OF PRIVATE SECTOR INITIATIVES

SEC. 261. SHORT TITLE.

    This part may be cited as the ‘Free Trade in Ideas Act of 1993’.

SEC. 262. EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS.

    (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT- Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended to read as follows:

      ‘(3)(A) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of information or informational materials which--

        ‘(i) include, but are not limited to--

          ‘(I) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds,

          ‘(II) other forms of telecommunications, and

          ‘(III) other materials the creation and circulation of which in the United States would be protected by the First Amendment to the United States Constitution,

        whether those materials are in existence at the time of or are to be created subsequent to or pursuant to a transaction or activity described in this paragraph; and

        ‘(ii) are information and informational materials that are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and with respect to which no acts are prohibited by chapter 37 of title 18, United States Code;

      ‘(B) travel related to any such importation, exportation, communication, telecommunication, or transmission;

      ‘(C) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise; or

      ‘(D) other transactions incidental to any activity or transaction described in subparagraph (A), (B), or (C);’.

    (b) EXPORT ADMINISTRATION ACT OF 1979- Section 6 of the Export Administration Act of 1979 (22 U.S.C. 2405) is amended by adding at the end the following new subsection:

    ‘(t) INFORMATION AND INFORMATIONAL MATERIALS- (1) This section does not authorize export controls on--

      ‘(A) information or informational materials;

      ‘(B) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise; or

      ‘(C) other transactions incidental to the export of any information or informational materials or to any transaction described in subparagraph (B).

    ‘(2) The information and informational materials referred to in paragraph (1) include, but are not limited to--

      ‘(A) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds;

      ‘(B) other forms of telecommunications; and

      ‘(C) other materials the creation and circulation of which in the United States are protected by the First Amendment to the United States Constitution.’.

    (c) TRADING WITH THE ENEMY ACT-

      (1) EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS- Section 5(b)(4) of the Trading With the Enemy Act (50 U.S.C. App. section 5(b)) is amended to read as follows:

    ‘(4)(A) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly--

      ‘(i) the importation from or exportation to any country, or the communication or telecommunication or other form of transmission to any country, of information or informational materials;

      ‘(ii) travel related to any such importation, exportation, communication, telecommunication, or transmission;

      ‘(iii) transactions for the creation or circulation of or otherwise concerning such information or informational materials, or any rights in such information or informational materials, whether commercial or otherwise, or

      ‘(iv) other transactions incidental to any activity or transaction described in clause (i), (ii), or (iii).

    ‘(B) The information and informational materials referred to in subparagraph (A)--

      ‘(i) include, but are not limited to--

        ‘(I) publications, films, posters, phonograph records, photographs, microfilms, microfiche, audiotapes and videotapes, artworks, telephone conversations, other voice or data communications or telecommunications, telecasts, and news wire feeds,

        ‘(II) other forms of telecommunications, and

        ‘(III) other materials the creation and circulation of which in the United States would be protected by the First Amendment to the United States Constitution,

      whether those materials are in existence at the time of or are to be created subsequent to or pursuant to a transaction or activity described in subparagraph (A); and

      ‘(ii) are information and informational materials that are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and with respect to which no acts are prohibited by chapter 37 of title 18, United States Code.’.

SEC. 263. EDUCATIONAL, CULTURAL, RELIGIOUS, AND SCIENTIFIC ACTIVITIES AND EXCHANGES.

    (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT- Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended by adding at the end thereof the following:

      ‘(5) financial or other transactions, or travel, incident to--

        ‘(A) activities of scholars,

        ‘(B) other educational or academic activities,

        ‘(C) exchanges in furtherance of any such activities,

        ‘(D) cultural activities and exchanges,

        ‘(E) public exhibitions or performances by the nationals of one country in another country, or

        ‘(F) activities of religious organizations,

      to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code; or’.

    (b) TRADING WITH THE ENEMY ACT- Section 5(b) of the Trading With the Enemy Act is amended by adding at the end thereof the following:

    ‘(6) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions, or travel, incident to--

      ‘(A) activities of scholars,

      ‘(B) other educational or academic activities,

      ‘(C) exchanges in furtherance of any such activities,

      ‘(D) cultural activities and exchanges,

      ‘(E) public exhibitions or performances by the nationals of one country in another country, or

      ‘(F) activities of religious organizations,

    to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code.’.

SEC. 264. ESTABLISHMENT OF NEWS BUREAUS.

    (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT- Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended by adding at the end thereof the following:

      ‘(6) financial or other transactions related to the establishment of bureaus by United States news organizations in foreign countries, or the establishment of news bureaus in the United States by foreign news organizations.’.

    (b) TRADING WITH THE ENEMY ACT- Section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the following:

    ‘(7) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions related to the establishment of bureaus by United States news organizations in foreign countries, or the establishment of news bureaus in the United States by foreign news organizations.’.

SEC. 265. FOREIGN ASSISTANCE ACT OF 1961.

    Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is amended by adding at the end thereof the following:

    ‘(3) Notwithstanding paragraph (1), the authority granted to the President in such paragraph does not include the authority to regulate or prohibit, directly or indirectly, any activities or transactions which may not be regulated or prohibited under paragraphs (4), (5), (6), or (7) of section 5(b) of the Trading With the Enemy Act.’.

SEC. 266. UNITED NATIONS PARTICIPATION ACT OF 1945.

    Section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287c) is amended by adding after the first sentence the following: ‘The authority granted under this section does not include the authority to regulate or prohibit any of the activities which may not be regulated or prohibited under paragraphs (3), (4), (5), and (6) of section 203(b) of the International Emergency Economic Powers Act.’.

SEC. 267. APPLICABILITY.

    (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT- The amendments made by sections 262(a), 263(a), and 264(a), apply to actions taken by the President under the International Emergency Economic Powers Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.

    (b) TRADING WITH THE ENEMY ACT-

      (1) The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before the date, and are being exercised on the date of the enactment of this Act, do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under paragraph (4), (5), (6), or (7) of section 5(b) of the Trading With the Enemy Act, as amended and added by this Act, may not be regulated or prohibited.

      (2) The amendments made by sections 262(c), 263(b), and 264(b) apply to actions taken by the President under section 5(b) of the Trading With the Enemy Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.

      (3) This subsection does not alter the status of assets blocked pursuant to the Trading With the Enemy Act before the date of the enactment of this Act.

    (c) EXPORT ADMINISTRATION ACT OF 1979- The amendment made by section 262(b) shall apply to actions taken by the President under section 6 of the Export Administration Act of 1979 before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.

    (d) FOREIGN ASSISTANCE ACT-

      (1) The amendment made by section 265 applies to actions taken by the President under section 620(a)(1) of the Foreign Assistance Act of 1961 before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment.

      (2) Paragraph (1) does not alter the status of assets blocked pursuant to section 620(a)(1) of the Foreign Assistance Act of 1961 before the date of the enactment of this Act.

TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY

SEC. 301. PURPOSES.

    The purposes of this title are--

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

      (2) to provide central leadership and coordination to United States nonproliferation policy; and

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

SEC. 302. ACDA DIRECTOR.

    (a) DIRECTOR- Section 22 of the Arms Control and Disarmament Act (22 U.S.C. 2562) is amended to read as follows:

‘SEC. 22. DIRECTOR.

    ‘(a) APPOINTMENT- The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Director.

    ‘(b) DUTIES- The Director shall serve as the principal adviser to the President and other executive branch officials on matters relating to arms control, disarmament, and nonproliferation. In carrying out his or her duties under this Act, the Director, under the guidance of the Secretary of State, shall have primary responsibility for matters relating to arms control, disarmament, and nonproliferation, as defined by this Act.’.

    (b) PERMANENT MEMBERSHIP ON NATIONAL SECURITY COUNCIL- Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended--

      (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and

      (2) by inserting after paragraph (4) the following new paragraph (5):

      ‘(5) the Director of the United States Arms Control and Disarmament Agency;’.

SEC. 303. 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, Disarmament, and Nonproliferation. 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, acting through the Director. One such Special Representative shall serve as the United States Governor to the Board of Governors of the International Atomic Energy Agency.

    ‘(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 Nonproliferation.’.

SEC. 304. 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 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, disarmament, and nonproliferation. To this end--

      ‘(1) the Director shall have primary responsibility for the preparation, formulation, support, and transmission of instructions and guidance for all such negotiations and forums, and shall manage interagency groups established within the executive branch to support such negotiations and forums; and

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

SEC. 305. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.

    (a) ARMS EXPORT CONTROL ACT-

      (1) Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as follows:

    ‘(2) Decisions on issuing export licenses under this section shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director’s assessment as to whether the export of an article 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. No decision shall be made over the objection of the Director unless the Director has been informed in writing of the reasons why the Director’s opinion was not deemed sufficient to deny the proposed sale, and afforded a reasonable opportunity to appeal the proposed decision.’.

      (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 7(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 out ‘and the Secretary of Commerce’ and inserting in lieu thereof ‘, 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’.

    (b) ATOMIC ENERGY ACT-

      (1) Section 131 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2160(b)) is amended--

        (A) in paragraph (2) by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘Secretary of State’; and

        (B) in paragraph (3) by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘Secretary of State’.

      (2) Section 142 of such Act (42 U.S.C. 2162) is amended by adding at the end thereof the following new subsection:

    ‘f. All determinations under this section to remove data from the Restricted Data category shall be made only after consultation with the Director of the United States Arms Control and Disarmament Agency. If the Commission, the Department of Defense, and the Director do not agree, the determination shall be made by the President.’.

SEC. 306. 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.

    ‘(2) 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 $500,000 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. 307. REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.

    (b) 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.’.

DIVISION B--FOREIGN ASSISTANCE AND RELATED PROGRAMS

TITLE XI--REFORM OF FOREIGN ASSISTANCE PROGRAMS

SEC. 1101. NEED FOR FOREIGN ASSISTANCE REFORM.

    (a) NEED FOR REFORM- The Congress--

      (1) remains convinced that United States foreign assistance programs and the Agency for International Development are in need of immediate reform; and

      (2) remains prepared to enact reform legislation in time for the fiscal year 1995 authorization and appropriations cycle.

    (b) COMPREHENSIVE REFORM PLAN- To facilitate this reform process, the President shall submit to the Congress, within 60 days after the date of enactment of this Act, a plan for comprehensive reform of United States foreign assistance programs and of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961.

SEC. 1102. EVALUATION AND ACCOUNTABILITY.

    (a) NEED FOR EVALUATION- In order to effectively and responsibily manage the resources with which it is provided, the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 must have a capacity to evaluate objectively the extent of its progress in achieving development results and to derive lessons from its development experience.

    (b) ACTIONS TO BE TAKEN- In furtherance of subsection (a), the President shall establish a program performance, monitoring, and evaluation capacity with the following functions:

      (1) To strengthen, through training and other means, the use of program performance, monitoring, and evaluation as a management tool, by both the agency and its counterparts in countries receiving assistance, in the planning, designing, and implementation of foreign assistance projects and programs.

      (2) To develop a program performance information system to afford agency managers at all levels a means for monitoring and assessing achievement of impact and interim performance of the agency’s major programs in support of the strategic management of economic assistance.

      (3) To prepare and disseminate objective and periodic reports on the progress of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 in meeting development objectives and on lessons learned from its development programs.

      (4) To strengthen the capacity to utilize the findings of program performance, measurement, and evaluation in decisions of that agency about program direction and resource allocation.

      (5) To coordinate with the Inspector General of the agency primarily responsible for admininstering part I of the Foreign Assistance Act of 1961 so as to ensure appropriate complementarity of efforts, recognizing that--

        (A) it is the responsibility of the agency to direct a system of performance measurement and independent evaluations of its programs and policies, as well as the operational and management systems that affect the development impact of those programs and policies; and

        (B) it is the responsibility of the Inspector General to conduct regular and comprehensive assessments and audit of financial management and administrative systems, including the adequacy of the systems for monitoring and evaluating agency projects and programs.

    (c) ACCOUNTABILITY- The President shall prepare an annual report to the Congress as a separate part of the congressional presentation materials of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961. This report shall include the following:

      (1) An assessment of progress toward the achievement of sustainable development objectives, based on the findings of program performance, monitoring, and evaluation studies conducted by that agency and on such other empirical analyses as may be appropriate.

      (2) An analysis, on a country-by-country basis (with each country receiving economic assistance under part I of the Foreign Assistance Act of 1961 or the Support for East European Democracy (SEED) Act of 1989 being included at least once every 5 years), of the impact on economic development in each country during the preceding 3 to 5 fiscal years of United States economic assistance programs, with a discussion of the United States interests that were served by the assistance. For each such country, the analysis shall--

        (A) describe the specific objectives the United States sought to achieve in providing economic assistance, and specify the extent to which those objectives were or were not achieved;

        (B) to the extent possible, be done on a sector-by-sector basis and identify trends within each sector and, if relevant, identify any economic policy reforms conducive to sustainable economic growth that were promoted by the assistance and the progress being made by such country in adopting economic policies that foster and enhance the freedom and opportunity of individuals to participate in economic growth in that country;

        (C) as part of the context of United States economic assistance, describe the amount and nature of economic assistance provided by other major donors during the preceding 3 to 5 fiscal years, set forth by the development sector to the extent possible;

        (D) describe the trends, both favorable and unfavorable, in each development sector; and

        (E) contain statistical and other information necessary to evaluate the impact and effectiveness of United States economic assistance on development in the country.

TITLE XII--AUTHORIZATIONS FOR FOREIGN ASSISTANCE PROGRAMS

SEC. 1201. AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEAR 1994.

    (a) ECONOMIC ASSISTANCE- There are authorized to be appropriated for fiscal year 1994 the following amounts for the following purposes:

      (1) DEVELOPMENT ASSISTANCE FUND- $850,000,000 to carry out sections 103 through 106 of the Foreign Assistance Act of 1961.

      (2) POPULATION, DEVELOPMENT ASSISTANCE- $395,000,000 to carry out section 104(b) of the Foreign Assistance Act of 1961.

      (3) DEVELOPMENT FUND FOR AFRICA- $900,000,000 to carry out chapter 10 of part I of the Foreign Assistance Act of 1961.

      (4) INTERNATIONAL DISASTER ASSISTANCE- $148,965,000 to carry out section 491 of the Foreign Assistance Act of 1961.

      (5) AMERICAN SCHOOLS AND HOSPITALS- $35,000,000 to carry out section 214 of the Foreign Assistance Act of 1961.

      (6) MULTILATERAL ASSISTANCE INITIATIVE FOR THE PHILIPPINES- $30,000,000 for assistance for the Philippines under chapter 4 of part I of the Foreign Assistance Act of 1961.

      (7) ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES- $400,000,000 for economic assistance for Eastern Europe and the Baltic states under the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989.

      (8) ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION- $903,820,000 to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 and to carry out exchanges and training and similar programs under section 807 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.

      (9) INTER-AMERICAN FOUNDATION- $30,960,000 to carry out section 401 of the Foreign Assistance Act of 1969.

      (10) AFRICAN DEVELOPMENT FOUNDATION- $18,000,000 to carry out the African Development Foundation Act.

      (11) INTERNATIONAL FUND FOR IRELAND- $19,600,000 to carry out part I of the Foreign Assistance Act of 1961, which shall be available for the United States contribution to the International Fund for Ireland in accordance with the Anglo-Irish Agreeement Support Act of 1986. Amounts appropriated under this paragraph are authorized to remain available until expended.

    (b) SECURITY ASSISTANCE- There are authorized to be appropriated for fiscal year 1994 the following amounts for the following purposes:

      (1) FOREIGN MILITARY FINANCING PROGRAM GRANTS- $3,200,000,000 for grants under section 23 of the Arms Export Control Act. Funds made available under this paragraph shall be nonrepayable notwithstanding any requirement of that section.

      (2) FOREIGN MILITARY FINANCING PROGRAM LOANS- $57,000,000 for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of loans under section 23 of the Arms Export Control Act.

      (3) ECONOMIC SUPPORT FUND- $2,424,400,000 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961.

      (4) INTERNATIONAL MILITARY EDUCATION AND TRAINING- $40,000,000 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961.

      (5) ANTI-TERRORISM ASSISTANCE- $15,555,000 to carry out chapter 8 of part II of the Foreign Assistance Act of 1961.

      (6) NONPROLIFERATION AND DISARMAMENT FUND- $25,000,000 to carry out section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.

    (c) PEACE CORPS- There are authorized to be appropriated $219,745,000 for fiscal year 1994 to carry out the Peace Corps Act.

    (d) REDUCTIONS IN PREVIOUSLY ENACTED AUTHORIZATION FOR INTERNATIONAL NARCOTICS CONTROL ASSISTANCE- Section 482(a)(1) of the Foreign Assistance Act of 1961 is amended by striking ‘$171,500,000’ and inserting ‘$135,000,000’.

    (e) RULE OF CONSTRUCTION- In order to ensure that all otherwise applicable authorities, restrictions, and other provisions of law apply with respect to the amounts that are authorized to be appropriated by this section for fiscal year 1994, those amounts shall be deemed to be authorized to be appropriated by the provision of the Foreign Assistance Act of 1961 or other Act that provided the corresponding authorization of appropriations for prior fiscal years.

SEC. 1202. HOUSING GUARANTEE PROGRAM.

    (a) AUTHORIZATIONS-

      (1) COST OF GUARANTEED LOANS- There are authorized to be appropriated $16,407,000 for fiscal year 1994 for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guaranteed loans under sections 221 and 222 of the Foreign Assistance Act of 1961.

      (2) PROGRAM CEILING- Section 222(a) of that Act is amended by striking ‘$2,558,000,000’ in the second sentence and inserting ‘$3,000,000,000’.

      (3) PROGRAM EXPIRATION DATE- Section 222(a) of that Act is amended by striking ‘1992’ in the third sentence and inserting ‘1995’.

      (4) ADMINISTRATIVE EXPENSES- (A) There are authorized to be appropriated $8,407,000 for fiscal year 1994 for administrative expenses to carry out guaranteed loan programs under sections 221 and 222 of that Act. Amounts appropriated under this paragraph are authorized to remain available until expended.

      (B) Amounts appropriated under this paragraph may be transferred to and merged with the appropriations for ‘Operating Expenses of the Agency for International Development’.

    (b) PREFERENTIAL TREATMENT TO PROJECTS IN POORER COUNTRIES- Section 222 of the Foreign Assistance Act of 1961 is amended--

      (1) by redesignating subsection (k) as subsection (e); and

      (2) by inserting after subsection (c) the following:

    ‘(d) PREFERENTIAL CONSIDERATION TO PROJECTS IN POORER COUNTRIES- In issuing guarantees under this section and in carrying out related activities, the President shall give preferential consideration to projects in countries with an annual per capita income of $1,196 or less in 1991 United States dollars, and shall restrict guarantees and related activities for projects in countries with an annual per capita income of $5,190 or more in 1991 United States dollars.’.

    (c) FEE INCREASE-

      (1) STUDY- The administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961--

        (A) shall conduct a study to determine the feasibility of increasing the fees charged pursuant to section 223(a) of that Act for guarantees issued under sections 221 and 222 of that Act in an effort to reduce the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the guarantee program; and

        (B) shall submit the results of this study to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 6 months after the date of enactment of this Act.

      (2) POLICY- The administrator should increase the fees described in paragraph (1)(A) to the extent determined to be feasible in the study conducted pursuant to this subsection.

SEC. 1203. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) PROGRAM AUTHORIZATION OF FISCAL YEAR 1995- Section 235(a) of the Foreign Assistance Act of 1961 is amended--

      (1) in paragraph (1) by striking ‘$9,000,000,000’ and inserting ‘$10,000,000,000’;

      (2) in paragraph (2)(A) by striking ‘$2,500,000,000’ and inserting ‘$3,500,000,000’; and

      (3) in paragraph (2)(B)--

        (A) by striking ‘and’ at the end of clause (i);

        (B) by striking the period at the end of clause (ii) and inserting ‘; and’; and

        (C) by inserting after clause (ii) the following:

        ‘(iii) to transfer such sums as are necessary from its noncredit account revolving fund to pay for the subsidy cost of a program level for the loan and loan guarantee program under subsections (b) and (c) of section 234 of $1,000,000,000 for fiscal year 1995.’.

    (b) TERMINATION DATE- Section 235(a)(3) of that Act is amended by striking ‘1994’ and inserting ‘1995’.

    (c) ADMINISTRATIVE EXPENSES- Section 235(g) of that Act is amended--

      (1) in paragraph (1) by striking ‘and’;

      (2) in paragraph (2) by striking the period and inserting ‘; and’; and

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

      ‘(3) $15,000,000 for fiscal year 1995.’.

SEC. 1204. SPECIAL DEBT REDUCTION AUTHORITY.

    (a) AUTHORITY TO REDUCE DEBT- Notwithstanding any other provision of law (other than the Federal Credit Reform Act of 1990), the President may reduce amounts of principal and interest owed to the United States (or any agency of the United States) by an eligible country as a result of--

      (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961; or

      (2) credits extended or guarantees issued under the Arms Export Control Act.

    (b) IMPLEMENTATION OF PARIS CLUB DEBT REDUCTION- The authority provided by this section may be exercised only to implement the multilateral official debt relief ad referendum agreements that are commonly referred to as ‘Paris Club Agreed Minutes’.

    (c) APPROPRIATIONS REQUIREMENT- The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts in accordance with the requirements of the Federal Credit Reform Act of 1990.

    (d) ELIGIBLE COUNTRIES- For purposes of this section, the term ‘eligible country’ means a country that the President determines--

      (1) has a heavy debt burden; and

      (2) is eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development (commonly referred to as an ‘IDA-only’ country).

SEC. 1205. SPECIAL DEFENSE ACQUISITION FUND.

    (a) DECAPITALIZATION- Notwithstanding section 51(b) of the Arms Export Control Act, collections described in that section that are in excess of obligational authority provided in foreign operations, export financing, and related appropriations Acts for fiscal years prior to fiscal year 1994 shall be deposited in the Treasury as miscellaneous receipts.

    (b) AVOIDANCE OF DUPLICATIVE PROVISIONS- Subsection (a) shall not apply if the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, contains an identical requirement.

TITLE XIII--REGIONAL PROVISIONS

SEC. 1301. SUB-SAHARAN AFRICA DISASTER ASSISTANCE.

    The Congress expects that not less than $100,000,000 of the funds made available for fiscal year 1994 to carry out section 491 of the Foreign Assistance Act of 1961 (relating to international disaster assistance) will be used for disaster relief, rehabilitation, and reconstruction assistance for Sub-Saharan Africa.

SEC. 1302. AFRICAN DEVELOPMENT FOUNDATION.

    (a) CEILING ON ASSISTANCE FOR A PROJECT- Section 505(a)(2) of the African Development Foundation Act is amended by adding at the end the following: ‘In exceptional circumstances, the board of directors of the Foundation may waive such dollar limitation with respect to a project. Any such waivers shall be reported to the Congress annually.’.

    (b) AUTHORITY TO EMPLOY ALIENS- Section 506(a) of that Act is amended--

      (1) by redesignating paragraphs (8) through (12) as paragraphs (9) through (13), respectively; and

      (2) by inserting after paragraph (7) the following new paragraph (8):

      ‘(8) when determined by the president of the Foundation to be necessary (but subject to the limitation established by paragraph (7) on the number of Foundation employees), may employ persons who are not citizens of the United States notwithstanding any provision of law that would otherwise prohibit the use of appropriated funds to pay the compensation of officers or employees of the Government who are not citizens of the United States;’.

    (c) TRAVEL EXPENSES-

      (1) MEMBERS OF BOARD- Section 507(b) of that Act is amended by striking ‘actual and necessary expenses not exceeding $100 per day, and for transportation expenses,’ and inserting ‘travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code,’.

      (2) CONFORMING AMENDMENT- Section 507(e)(3) of that Act is amended by striking ‘and other expenses’ and inserting ‘expenses, including per diem in lieu of subsistence,’.

    (d) INTEREST ACCRUING TO GRANTEES-

      (1) AUTHORITY TO RETAIN- The African Development Foundation Act is amended by adding at the end the following:

‘SEC. 511. INTEREST ACCRUING TO GRANTEES.

    ‘When, with the permission of the Foundation, funds made available to a grantee under this title are invested pending disbursement, the resulting interest is not required to be deposited in the United States Treasury if the grantee uses the resulting interest for the purpose for which the grant was made.’.

      (2) EFFECTIVE DATE- The amendment made by paragraph (1) applies to both interest earned before and interest earned after the date of enactment of this Act.

SEC. 1303. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.

    (a) IMPROVING OAU’S CONFLICT RESOLUTION CAPABILITIES-

      (1) DESCRIPTION OF ASSISTANCE- The President is authorized to provide assistance to help establish a permanent conflict resolution capability within the Organization of African Unity (referred to in this subsection as the ‘OAU’), as follows:

        (A) Funds may be provided to the OAU for use in supporting its conflict resolution capability.

        (B) Funds may be used for expenses of sending individuals with expertise in conflict resolution (who may include United States Government employees) from the United States to work with the OAU for a period of up to 2 years.

        (C) Funds may be provided to the OAU to support the establishment and maintenance of an African Conflict Resolution Research Center that is linked to the OAU secretariat.

      (2) FUNDING- Of the funds that are allocated for sub-Saharan Africa under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), up to $1,500,000 for each of the fiscal years 1994 through 1998 may be used to carry out paragraph (1), in addition to funds otherwise available for such purpose.

      (3) REQUIREMENT FOR APPROVAL OF CERTAIN REFORMS- Assistance may be provided pursuant to this subsection only if the President determines that the OAU has approved and is in the process of implementing the reforms proposed by the Secretary General of the OAU in February 1993 in the Interim Report of the Secretary General on the Mechanisms for Conflict Prevention, Resolution and Management.

    (b) IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL SUBREGIONAL ORGANIZATIONS-

      (1) TYPES OF ASSISTANCE TO BE PROVIDED- The President is authorized to provide assistance to help establish permanent conflict resolution capabilities within subregional organizations established by countries in sub-Saharan Africa, as follows:

        (A) Funds may be provided to such an organization for use in supporting its conflict resolution capability.

        (B) Fund may be used for the expenses of sending individuals with expertise in conflict resolution (who may include United States Government employees) from the United States to work with such an organization for a period of up to 2 years.

      (2) FUNDING- Of the funds that are allocated for sub-Saharan Africa under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), up to $1,500,000 for each of the fiscal years 1994 through 1998 may be used to carry out paragraph (1)

    (c) AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM-

      (1) IN GENERAL- In order to facilitate reductions in the size of the armed forces of countries of sub-Saharan Africa, the President is authorized to provide assistance for--

        (A) encampment and related activities associated with demobilization of such forces, and

        (B) the retraining for civilian occupations of military personnel who have been demobilized.

      (2) FUNDING- (A) Of the funds that are allocated for sub-Saharan Africa under the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act, up to $5,000,000 for fiscal year 1994 may be used for the assistance described in paragraph (1)(A).

      (B) Of the funds that are allocated for sub-Saharan Africa under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), up to $5,000,000 for fiscal year 1994 may be used for the assistance described in paragraph (1)(A).

      (C) A portion of the funds made available for fiscal year 1994 to carry out chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to the Development Fund for Africa) may be used for the assistance described in paragraph (1)(B).

    (d) IMET CONFLICT RESOLUTION PROGRAM- Chapter 5 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end the following:

‘SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.

    ‘In addition to the other education and training activities carried out under this chapter, the President shall establish a program to provide education and training in conflict resolution for civilian and military personnel of countries in sub-Saharan Africa.’.

SEC. 1304. SADC PROJECTS.

    (a) WAIVER OF BROOKE AMENDMENT- Section 620(q) of the Foreign Assistance Act of 1961 and the corresponding section of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, shall not apply with respect to assistance provided for fiscal year 1994 under section 496(o) of the Foreign Assistance Act of 1961.

    (b) TECHNICAL AMENDMENT- Section 496(o) of the Foreign Assistance Act of 1961 is amended--

      (1) in the subsection heading by striking ‘SADCC’ and inserting ‘SADC’; and

      (2) in paragraph (1) by striking ‘Coordination Conference (SADCC)’ and inserting ‘Community (SADC)’.

SEC. 1305. SOUTH AFRICA.

    (a) REMOVAL OF CEILINGS ON GRANTS FOR HUMAN RIGHTS PROJECTS- Section 116 of Foreign Assistance Act of 1961 is amended--

      (1) by repealing subparagraphs (C) and (D) of subsection (e)(2); and

      (2) in subsection (f)--

        (A) by repealing paragraph (2), and

        (B) by striking ‘(f)(1)’ and inserting ‘(f)’ and by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively.

    (b) EXCEPTION TO LIMITATION ON ASSISTANCE RECIPIENTS-

      (1) ASSISTANCE UNDER SECTION 116- Section 116(e)(2)(B) of that Act is amended--

        (A) in the fourth sentence, by striking ‘or to organizations financed or controlled by the Government of South Africa’; and

        (B) by adding at the end the following new sentences: ‘A nongovernmental organization financed or controlled by the Government of South Africa that meets the criteria specified in this subparagraph may receive assistance under this paragraph only if the President determines that (i) the activities of that organization further the purposes of the establishment of a non-racial democratic state in South Africa, (ii) the provision of assistance to that organization will further the objective of this paragraph to assist disadvantaged South Africans, and (iii) the Government of South Africa is continuing to make progress toward dismantling apartheid and establishing a nonracial democracy. Before making such determinations, the President shall consult with the appropriate congressional committees and with South African organizations that are representative of the majority population of South Africa and should seek a commitment from the Government of South Africa that it will provide additional resources to meet the needs of disadvantaged South Africans. As used in the preceding sentence, the term ‘appropriate congressional committees’ means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.’.

      (2) ASSISTANCE UNDER SECTION 117- Section 117 of that Act (as added by section 201(b) of the Comprehensive Anti-Apartheid Act of 1986) is amended by adding at the end the following: ‘In addition, a nongovernmental organization that meets the criteria specified in the first 2 sentences of this section but receives funds from the Government of South Africa may receive assistance under this section if the President determines that such organization meets the requirements of the 5th sentence of section 116(e)(2)(B), and such determination is made in accordance with the 6th sentence of such section.’.

SEC. 1306. SUDAN.

    (a) STATEMENT OF THE CONGRESS- The Congress--

      (1) strongly condemns the Government of Sudan for its severe human rights abuses and calls upon that government to improve human rights conditions throughout the country;

      (2) deplores the internecine fighting among the factions of the Sudanese People’s Liberation Army;

      (3) urges the Government of Sudan and the factions of the Sudanese People’s Liberation Army to provide full access for and to cooperate with relief organizations;

      (4) encourages the Government of Sudan to lift the press ban which was imposed after it took power in June 1989; and

      (5) calls on the Government of Sudan to establish a democratic system.

    (b) RESTRICTIONS ON ASSISTANCE- Except as provided in subsection (c), assistance may not be provided for Sudan for fiscal year 1994--

      (1) under chapter 1 or chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to development assistance and the Development Fund for Africa),

      (2) under chapter 4 of part II of that Act (relating to the economic support fund),

      (3) under chapter 5 of part II of that Act (relating to international military education and training), or

      (4) from the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act.

    (c) WAIVER OF RESTRICTIONS-

      (1) AUTHORIZATION- The President may waive the prohibitions in subsection (b) if the President determines, and reports in accordance with paragraph (2), that there is substantial progress in southern Sudan toward respecting human rights, resolving the conflict in that region, establishing a democratically elected government, and establishing a reformed and independent judiciary system.

      (2) CONGRESSIONAL REVIEW OF DETERMINATION- A determination under paragraph (1) shall not become effective until 15 days after it is reported to the congressional committees specified in section 634A(a) of the Foreign Assistance Act of 1961 in accordance with the procedures applicable to reprogramming notifications under that section.

SEC. 1307. ZAIRE.

    (a) STATEMENT OF THE CONGRESS- The Congress--

      (1) strongly condemns the disruptive measures taken by President Mobutu in recent months, and holds President Mobutu responsible for the current political crisis in Zaire;

      (2) stresses the importance of a successful transition to democracy in Zaire;

      (3) urges the President of the United States to pressure President Mobutu to leave Zaire so that the legitimate transitional government can proceed with the process of democratization as mandated by the Sovereign National Conference;

      (4) urges the President of the United States to impose, in conjunction with our allies, a variety of sanctions on President Mobutu, including--

        (A) freezing the bank accounts of President Mobutu, his family and associates;

        (B) denying visas to President Mobutu, his family and associates; and

        (C) expelling Mobutu’s ambassador;

      (5) congratulates the people of Zaire for their courageous support of democracy in the face of powerful opposition; and

      (6) expresses its readiness to explore further ways of providing support for democracy and political pluralism in Zaire.

    (b) RESTRICTIONS ON ASSISTANCE-

      (1) SECURITY ASSISTANCE- Except as provided in subsection (c), assistance may not be provided for Zaire for fiscal year 1994--

        (A) under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund),

        (B) under chapter 5 of part II of that Act (relating to international military education and training), or

        (C) from the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act.

      (2) DEVELOPMENT ASSISTANCE- Except as provided in subsection (c), assistance under chapter 1 or chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to development assistance and the Development Fund for Africa) for fiscal year 1994 shall not be transferred to the Government of Zaire. This paragraph does not prohibit nongovernmental organizations from working with appropriate ministries or departments of the Government of Zaire.

    (c) WAIVER WHEN THE DEMOCRATIC PROCESS IS RESTORED-

      (1) AUTHORIZATION- The President may waive the prohibitions in subsection (b) if the President determines, and reports in accordance with paragraph (2), that democracy has been restored in Zaire, that President Mobutu is no longer a threat to the elected government, and that the elected government is committed to bringing about freedom of expression for the people of Zaire, a reformed and independent judiciary, and reform of, and applications of the rule of law to, Zaire security forces.

      (2) CONGRESSIONAL REVIEW OF DETERMINATION- A determination under paragraph (1) shall not become effective until 15 days after it is reported to the congressional committees specified in section 634A(a) of the Foreign Assistance Act of 1961 in accordance with the procedures applicable to reprogramming notifications under that section.

SEC. 1308. AFGHANISTAN HUMANITARIAN ASSISTANCE.

    (a) AUTHORIZATION- Funds described in subsection (c) may be made available for the provision of food, medicine, or other humanitarian assistance to the Afghan people notwithstanding any other provision of law.

    (b) ASSISTANCE FOR AFGHAN WOMEN AND GIRLS- In carrying out this section, the Administrator of the agency primarily responsible for carrying out part I of the Foreign Assistance Act of 1961 shall ensure that an equitable portion of the funds is made available to benefit Afghan women and girls, particularly in programs in refugee camps in Pakistan and in reconstruction projects in Afghanistan.

    (c) FUNDING- Up to $20,000,000 of the aggregate amount of funds made available for fiscal year 1994 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance) and chapter 4 of part II (relating to the economic support fund) may be used pursuant to this section.

SEC. 1309. MULTILATERAL ASSISTANCE INITIATIVE FOR THE PHILIPPINES.

    Part I of the Foreign Assistance Act of 1961 is amended by inserting after chapter 3 the following:

‘Chapter 4--Multilateral Assistance Initiative for the Philippines

‘SEC. 401. AUTHORIZATION OF ASSISTANCE.

    ‘(a) AUTHORIZATION- The President is authorized to provide economic assistance for the Phillipines under the ‘Multilateral Assistance Initiative’ account. Such assistance shall be provided on such terms and conditions as the President may determine.

    ‘(b) AUTHORIZATION FOR EXTENDED PERIOD OF AVAILABILITY- Amounts appropriated to carry out this chapter are authorized to remain available until expended.’.

SEC. 1310. ASSISTANCE FOR EASTERN EUROPE AND THE BALTICS.

    (a) ECONOMIC ASSISTANCE- Section 3 of the Support for East European Democracy (SEED) Act of 1989 is amended--

      (1) by redesignating subsection (c) as subsection (e); and

      (2) by inserting after subsection (b) the following:

    ‘(c) INAPPLICABILITY OF RESTRICTIONS AND REQUIREMENTS- Assistance provided for an East European country under this Act or under part I of the Foreign Assistance Act of 1961 may be provided notwithstanding any other provision of law, other than section 634A(a) of that Act. Section 634A(a) of that Act shall also apply to funds made available to carry out this Act.

    ‘(d) AUTHORIZATION FOR EXTENDED PERIOD OF AVAILABILITY- Amounts appropriated for economic assistance for East European countries and the Baltic states under this Act or the Foreign Assistance Act of 1961 are authorized to remain available until expended.’.

    (b) ASSISTANCE FOR VICTIMS OF WAR CRIMES IN THE FORMER YUGOSLAVIA- Assistance provided under section 491 of the Foreign Assistance Act of 1961 (relating to international disaster assistance) and assistance provided under the Migration and Refugee Assistance of 1962 may include assistance for the victims of torture, rape, and other war crimes in the former Yugoslavia and for the families of such victims, especially children, with a particular focus on victims of the war in Bosnia-Herzegovina. Such assistance may include activities such as--

      (1) the provision of medical, psychological, and psychiatric care and crisis counseling for victims of war crimes stemming from the conflict in the former Yugoslavia, whether provided in the United States or abroad;

      (2) the training of individuals in the former Yugoslavia, including individuals who have been the victims of torture and individuals of the Moslem faith, to provide medical, psychological, and psychiatric care and crisis counseling; and

      (3) the procurement of necessary medical and training supplies.

    (c) CORRECTION OF REFERENCE- Subsection (e) of section 3 of the Support for East European Democracy (SEED) Act of 1989, as so redesignated by subsection (a) of this section, is amended--

      (1) by striking ‘and Slovak Federal’; and

      (2) by inserting ‘the Slovak Republic,’ after ‘Romania,’.

SEC. 1311. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.

    (a) PROHIBITION OF ASSISTANCE TO INDEPENDENT STATES THAT TRANSFER CERTAIN CONVENTIONAL WEAPONS TO IRAN- Section 498A(b)(3) of the Foreign Assistance Act of 1961 is amended--

      (1) in the text preceding subparagraph (A), by striking ‘to another country’;

      (2) in subparagraph (A)--

        (A) by inserting ‘to another country’ after ‘missiles or missile technology’; and

        (B) by striking ‘or’ at the end of such subparagraph;

      (3) in subparagraph (B)--

        (A) by inserting ‘to another country’ after ‘any material, equipment, or technology’; and

        (B) by striking ‘of such weapon;’ and inserting ‘of such weapon; or’; and

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

        ‘(C) sophisticated or destabilizing conventional weapons to Iran.’.

    (b) WAIVER AUTHORITY- Section 498B(j)(1) of that Act is amended--

      (1) by inserting ‘or 1994’ after ‘1993’ both places it appears; and

      (2) by striking ‘by this chapter’ and inserting ‘to carry out this chapter’.

    (c) ASSISTANCE IN EXCHANGE FOR COMMODITIES- Section 498B of that Act is amended--

      (1) by redesignating subsection (k) as subsection (l); and

      (2) by inserting after subsection (j) the following new subsection:

    ‘(k) ASSISTANCE IN EXCHANGE FOR COMMODITIES- The President is authorized to provide assistance under this chapter in exchange for materials or commodities, including any strategic material and any commodity the international supply of which is in such excess as to jeopardize United States production of such commodity.’.

    (d) IMPROVING MONITORING OF ECONOMIC PERFORMANCE IN THE INDEPENDENT STATES- Section 498B of that Act is further amended--

      (1) by redesignating subsection (l) as subsection (m); and

      (2) by inserting after subsection (k), as added by the subsection (c) of this section, the following new subsection:

    ‘(l) IMPROVING MONITORING OF ECONOMIC PERFORMANCE IN THE INDEPENDENT STATES- Assistance under section 498 shall include training and other technical assistance to develop capabilities to monitor economic performance in the independent states of the former Soviet Union through the collection, analysis, and dissemination of economic statistical data.’.

SEC. 1312. ASSISTANCE FOR MONGOLIA.

    The President is authorized to use funds made available to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 (relating to assistance for the independent states of the former Soviet Union) to provide assistance for Mongolia under the same authorities, restrictions, and other provisions that are applicable to assistance under that chapter for independent states of the former Soviet Union.

SEC. 1313. TERMINATION OF IMET PROGRAM FOR MALTA.

    Funds made available for fiscal year 1994 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to the international military education and training program) may not be obligated for Malta.

SEC. 1314. ADMINISTRATION OF JUSTICE AND OTHER LAW ENFORCEMENT ASSISTANCE PROGRAMS FOR LATIN AMERICA AND THE CARIBBEAN.

    (a) EXTENSION OF PROGRAM AUTHORITY- Section 534 of the Foreign Assistance Act of 1961 is amended by striking the last sentence of subsection (e) and by inserting after subsection (e) the following:

    ‘(f) The authority of this section shall expire on September 30, 1994.’.

    (b) ELIMINATION OF PROGRAM CEILINGS- Section 534 of that Act is amended--

      (1) by repealing the second sentence of subsection (e); and

      (2) by amending subsection (c) to read as follows:

    ‘(c) AUTHORITY TO USE ESF FUNDS- Funds made available to carry out this chapter may be used to provide assistance under this section.’.

    (c) PROTECTION OF PARTICIPANTS IN JUDICIAL CASES- Section 534(b)(3) of that Act is amended--

      (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

      (2) by inserting after subparagraph (B) the following:

        ‘(C) programs to enhance protection of participants in judicial cases;’.

    (d) SPECIAL AUTHORITIES FOR CERTAIN COUNTRIES- Funds made available for fiscal year 1994 to carry out section 534 of that Act may be used, notwithstanding section 660 of that Act, to provide assistance as follows:

      (1) PANAMA- Up to $10,000,000 may be made available for Panama for the following:

        (A) Technical assistance, training, and commodities with the objective of creating a professional civilian police force, except that assistance under this subparagraph--

          (i) shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes, and

          (ii) shall not include lethal equipment.

        (B) Programs to improve penal institutions and the rehabilitation of offenders, which may include programs that are not conducted through multilateral or regional institutions.

      (2) EL SALVADOR- Funds allocated for El Salvador may be used for law enforcement assistance in a manner consistent with the Salvadoran Peace Accords.

    (e) NICARAGUA- For fiscal year 1994, section 660 of the Foreign Assistance Act of 1961 shall not apply with respect to assistance for Nicaragua.

SEC. 1315. WAIVER OF BROOKE AMENDMENT FOR NICARAGUA.

    Section 620(q) of the Foreign Assistance Act of 1961 and the corresponding section of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, shall not apply to funds made available for fiscal year 1994 for any assistance for Nicaragua under the Foreign Assistance Act of 1961 or the Arms Export Control Act.

SEC. 1316. SPECIAL NOTIFICATION REQUIREMENTS FOR GUATEMALA AND PERU.

    Funds made available for fiscal year 1994 to carry out the Foreign Assistance Act of 1961 or for the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act may not be obligated for assistance for Guatemala or Peru unless the congressional committees specified in section 634A(a) of the Foreign Assistance Act of 1961 are notified at least 15 days in advance in accordance with the reprogramming procedures applicable under that section.

SEC. 1317. ASSISTANCE FOR THE MIDDLE EAST.

    (a) ISRAEL-

      (1) ECONOMIC SUPPORT FUND- Of the amounts made available for fiscal year 1994 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $1,200,000,000 shall be available only for Israel.

      (2) FOREIGN MILITARY FINANCING- (A) Of the amounts made available for fiscal year 1994 for assistance under the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act, not less than $1,800,000,000 shall be available only for Israel.

      (B) To the extent that the Government of Israel requests that funds be used for such purposes, funds made available for Israel pursuant to this paragraph shall, as agreed by Israel and the United States, be available for advanced fighter aircraft programs or for other advanced weapons systems, as follows:

        (i) Up to $150,000,000 shall be available for research and development in the United States.

        (ii) Not less than $475,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development.

      (3) EARLY DISBURSEMENT- The assistance provided for Israel pursuant to paragraphs (1) and (2) shall be disbursed within 30 days after the date of enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, or by October 31, 1993, whichever is later.

    (b) EGYPT-

      (1) ECONOMIC SUPPORT FUND- Of the amounts made available for fiscal year 1994 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $815,000,000 shall be available only for Egypt.

      (2) FOREIGN MILITARY FINANCING- Of the amounts made available for fiscal year 1994 for assistance under the ‘Foreign Military Financing Program’ account under section 23 of the Arms Export Control Act, not less than $1,300,000,000 shall be available only for Egypt.

    (c) COOPERATIVE DEVELOPMENT PROJECTS- Of the amounts made available for fiscal year 1994 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), not less than $10,000,000 shall be available only for cooperative projects among the United States, Israel, and developing countries, including projects under the Cooperative Development Program, cooperative development research projects, and cooperative projects among the United States and Israel and the countries of Eastern Europe, the Baltic states, and the independent states of the former Soviet Union.

    (d) MIDDLE EAST REGIONAL COOPERATIVE PROGRAMS- Of the amounts made available for fiscal year 1994 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), not less than $7,000,000 shall be available only for Middle East regional cooperative programs carried out in accordance with section 202(c) of the International Security and Development Cooperation Act of 1985.

SEC. 1318. MILITARY DRAWDOWN FOR ISRAEL.

    Section 599B(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, is amended by inserting ‘and fiscal year 1994’ after ‘fiscal year 1993’.

TITLE XIV--PROVISIONS RELATING TO ARMS TRANSFERS

SEC. 1401. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES AND SERVICES.

    (a) COSTING BASIS- Section 22 of the Arms Export Control Act is amended by adding at the end the following:

    ‘(d) COMPETITIVE PRICING- Procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid from funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal, and other costing elements, as is applicable to procurements of like items purchased by the Department of Defense for its own use.’.

    (b) EFFECTIVE DATE AND IMPLEMENTING REGULATIONS- The amendment made by subsection (a)--

      (1) shall be effective as of the 60th day following the date of the enactment of this section;

      (2) shall be applicable only to contracts made in implementation of sales made after such effective date; and

      (3) shall be implemented by revised procurement regulations, which shall be issued prior to such effective date.

SEC. 1402. INCREASE IN AGGREGATE CEILING ON TRANSFERS OF EXCESS DEFENSE ARTICLES.

    Effective October 1, 1993, section 31(d) of the Arms Export Control Act is amended by striking ‘$250,000,000’ and inserting ‘$375,000,000’.

SEC. 1403. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO RECEIVE NONLETHAL EXCESS DEFENSE ARTICLES.

    (a) IN GENERAL- Section 519(a) of the Foreign Assistance Act of 1961 is amended by inserting ‘or to any East European country (as defined in section 3 of the Support for East European Democracy (SEED) Act of 1989) other than an East European country that is prohibited from receiving assistance under that Act,’ after ‘in which the transfer is authorized’.

    (b) CONFORMING AMENDMENT- Section 906(a) of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 is amended--

      (1) by striking paragraph (2);

      (2) by striking ‘eligible--’ through ‘(1) to purchase’ and inserting ‘eligible to purchase’;

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

      (4) by striking ‘; and’ at the end of paragraph (1), as so redesignated, and inserting a period.

SEC. 1404. EXCEPTION TO PAYMENT OF FULL COST FOR SALES OF DEFENSE TRAINING SERVICES TO CERTAIN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.

    Section 21(a) of the Arms Export Control Act is amended--

      (1) in paragraph (1)(C)--

        (A) by inserting ‘(i)’ after ‘sold to’,

        (B) by inserting ‘or (ii) to a purchaser described in paragraph (3)’ after ‘Act of 1961’, and

        (C) by striking ‘such assistance’ and inserting ‘such training’; and

      (2) by adding after paragraph (2) the following:

    ‘(3) Clause (ii) of paragraph (1)(C) applies in the case of a purchaser of training under this section if the President notifies the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives, in accordance with the regular notification procedures of those committees, at least 15 days before issuing a letter of offer to sell such training. Such notification shall include a description of any reciprocal benefits that the United States Government will receive in exchange for the sale of such training on less than a full cost basis.’.

SEC. 1405. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO RECEIVE CERTAIN CONTRACT SERVICES IN CONNECTION WITH SALES OF DEFENSE ARTICLES AND SERVICES.

    (a) AUTHORIZATION- Section 21(h) of the Arms Export Control Act is amended--

      (1) in paragraph (1)(A), by inserting ‘or which is a major non-NATO ally’ after ‘Treaty Organization’;

      (2) in paragraph (2), by striking ‘if that Organization or member government’ and inserting ‘or to any major non-NATO ally, if that Organization, member government, or major non-NATO ally’; and

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

    ‘(3) As used in this subsection, the term ‘major non-NATO ally’ has the meaning given such term in section 2350a(i)(3) of title 10, United States Code.’.

    (b) EFFECTIVE DATE- Notwithstanding section 21(h)(1) of that Act, the amendment made by subsection (a)(1) applies with respect to contracts and subcontracts entered into after the date of enactment of this Act.

SEC. 1406. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES.

    Section 514(b)(2) of the Foreign Assistance Act of 1961 is amended by adding at the end the following: ‘Except as provided in the last two sentences of this paragraph, the value of such additions to stockpiles in foreign countries in fiscal year 1994 shall not exceed $72,000,000, which shall be for stockpiles in the Republic of Korea. In addition, to the extent that the authority of the first sentence of this paragraph has not been exercised with respect to Israel in fiscal year 1993, that authority may be exercised during fiscal year 1994 except that the aggregate value of such additions for Israel in both such fiscal years may not exceed $200,000,000. Defense articles having an aggregate value of not to exceed $20,000,000 may be added to stockpiles in Thailand in fiscal years 1993 and 1994.’.

TITLE XV--OTHER FOREIGN ASSISTANCE PROVISIONS

SEC. 1501. INTEREST ACCRUING TO NONGOVERNMENTAL ORGANIZATIONS.

    (a) IN GENERAL- Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by inserting after section 617 the following:

‘SEC. 618. INTEREST ACCRUING TO NONGOVERNMENTAL ORGANIZATIONS.

    ‘A nongovernmental organization may place in an interest bearing account--

      ‘(1) funds made available on a grant basis under part I of this Act or under the Support for East European Democracy (SEED) Act of 1989; and

      ‘(2) local currencies which accrue to that organization as a result of grant assistance provided under part I of this Act or assistance under titles I through III of the Agricultural Trade Development and Assistance Act of 1954, section 416(b) of the Agricultural Act of 1949, or the Food for Progress Act of 1985.

    Any interest so earned may be retained by the nongovernmental organization and used for the purpose for which the assistance was provided to that organization.’.

    (b) EFFECTIVE DATE- The amendment made by this section applies to both interest earned before and interest earned after the date of enactment of this Act.

SEC. 1502. PRIVATE SECTOR REVOLVING FUND.

    Section 108 of the Foreign Assistance Act of 1961 is amended by adding at the end the following:

    ‘(j) TERMINATION OF AUTHORITY- After the date of enactment of this subsection, loans may not be made, loan guarantees may not be issued, previously issued guarantees may not be renewed or otherwise extended, and assistance may not otherwise be provided under the authority of this section.’.

SEC. 1503. DEVELOPMENT ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by inserting before section 620 the following:

‘SEC. 619. ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.

    ‘(a) DEVELOPMENT ASSISTANCE- Restrictions contained in this or any other Act with respect to assistance for a country shall not restrict assistance in support of programs of nongovernmental organizations that is provided under chapter 1 or chapter 10 of part I of this Act. The President shall take into consideration, in any case in which a restriction on assistance would be applicable but for this section, whether assistance in support of programs of nongovernmental organizations is in the national interest of the United States.

    ‘(b) NOTICE TO CONGRESS- Before using the authority of this section to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the congressional committees specified in section 634A(a) of this Act in accordance with the procedures applicable to reprogramming notifications under that section. Such notice shall include a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance.

    ‘(c) EXCEPTIONS- This section shall not apply with respect to--

      ‘(1) section 620A of this Act or any comparable provision of law prohibiting assistance to countries that support international terrorism; or

      ‘(2) section 116 of this Act or any comparable provision of law prohibiting assistance to countries that violate internationally recognized human rights.

    ‘(d) ABORTION AND INVOLUNTARY STERILIZATION PROHIBITIONS- Nothing in this section alters any statutory prohibition against funding for abortion or involuntary sterilizations.’.

SEC. 1504. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON JOBS IN THE UNITED STATES.

    Funds authorized to be appropriated by this Act for foreign assistance programs for fiscal year 1994 may not be obligated or expended to provide--

      (1) any financial incentive to a business enterprise located in the United States for the purpose of inducing that enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of individuals employed in the United States by that enterprise because that enterprise would replace production in the United States with production outside the United States;

      (2) assistance for the purpose of establishing or developing in a foreign country any export processing zone or designated area in which the tax, tariff, labor, environment, and safety laws of that country do not apply, in part or in whole, to activities carried out within that zone or area, unless the President determines and certifies that such assistance is not likely to cause a loss of jobs within the United States; or

      (3) assistance for any project or activity that contributes to the violation of internationally recognized workers rights (as defined in section 502(a)(4) of the Trade Act of 1974) of workers in the recipient country, including in any designated zone or area in that country.

    In recognition that the application of paragraph (3) should be commensurate with the level of development of the recipient country and sector, that paragraph does not preclude assistance for the informal sector in such country, for microenterprises and small-scale enterprises, or for smallholder agriculture.

SEC. 1505. CAPITAL PROJECTS.

    Part III of the Foreign Assistance Act of 1961 is amended by inserting after section 661 the following:

‘SEC. 662. CAPITAL PROJECTS.

    ‘(a) ESTABLISHMENT OF PILOT PROGRAM- The Director of the Trade and Development Agency shall establish a capital projects pilot program to carry out the purpose described in subsection (b).

    ‘(b) PURPOSE OF PROGRAM- The purpose referred to in subsection (a) is to develop a program administered by TDA that would focus solely on developmentally sound capital projects in developing countries and in countries making the transition from a nonmarket to a market economy, taking into consideration the development needs of the host country and the export opportunities for the United States.

    ‘(c) ACTIVITIES- The Director, in coordination with the appropriate other members of the Trade Promotion Coordination Committee--

      ‘(1) shall support capital projects in developing countries and in countries making the transition from a nonmarket to a market economy; and

      ‘(2) shall periodically review infrastructure needs in these countries and shall explore opportunities for United States firms in the development of new capital projects in these countries, keeping both United States firms and the Congress informed of these reviews.

    ‘(d) GUARANTEE AUTHORITY- In addition to making grants to carry out this section, the Director is authorized to issue guarantees to eligible investors (as defined in section 238(c)) assuring against losses incurred in connection with loans obtained by such investors to finance their participation in capital projects described in subsection (b). A fee shall be charged for each such guarantee issued in an amount to be determined by the Director.

    ‘(e) PROCUREMENT FROM THE UNITED STATES- Guarantees and other financial support provided for capital projects under this section shall be provided for procurement of goods and services from the United States to the maximum extent possible, consistent with the guidelines of the Organization for Economic Cooperation and Development.

    ‘(f) PROJECTS TO BE DEVELOPMENTALLY SOUND- The Director, in coordination with the appropriate other members of the Trade Promotion Coordination Committee shall ensure that each capital project for which TDA provides financial support is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development.

    ‘(g) COORDINATION- The President shall utilize the existing interagency coordinating mechanism to coordinate activities under this section with other relevant activities of the United States Government.

    ‘(h) NONAPPLICABILITY OF OTHER PROVISIONS- Any funds used for purposes of this section may be used notwithstanding any other provision of law.

    ‘(i) REPORT TO CONGRESS- Not later than 1 year after the date of enactment of this section, the Director shall submit to the Congress a report describing--

      ‘(1) the extent to which United States Government resources have been expended specifically to support the capitol projects described in subsection (b);

      ‘(2) the extent to which the activities of the United States Government have been coordinated pursuant to subsection (g); and

      ‘(3) the feasibility of establishing a permanent program modeled on the pilot program establishment pursuant to this section.

    ‘(j) FUNDING-

      ‘(1) IN GENERAL- Notwithstanding the percentage limitations in section 610(a), the President shall transfer $300,000,000 of funds specified in paragraph (2) to TDA for use in carrying out this section, including the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guarantees issued under subsection (d).

      ‘(2) SOURCE OF FUNDS- The funds specified in this paragraph are--

        ‘(A) funds made available for fiscal year 1994 for assistance under chapter 4 of part II of this Act (relating to the economic support fund), excluding funds made available pursuant to subsections (a)(1), (c), and (d) of section 1317 of the Foreign Assistance Authorization Act of 1993;

        ‘(B) funds made available for fiscal year 1994 for assistance under chapter 11 of part I of this Act (relating to assistance for the independent states of the former Soviet Union); and

        ‘(C) funds made available for fiscal year 1994 for assistance under the Support for East European Democracy (SEED) Act of 1989.

      ‘(3) FUNDS TO BE USED TO SUPPORT CAPITAL PROJECTS IN COUNTRIES FOR WHICH ORIGINAL FUNDING WAS PROVIDED- (A) Any funds described in paragraph (2)(A) that are earmarked by the Congress for a specific country and that are transferred pursuant to paragraph (1) shall be used to support capital projects in that country.

      ‘(B) Any funds described in paragraph (2)(B) that are transferred pursuant to paragraph (1) shall be used to support capital projects in countries eligible for assistance under chapter 11 of part I of this Act.

      ‘(C) Any funds described in paragraph (2)(C) that are transferred pursuant to paragraph (1) shall be used to support capital projects in countries eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.

    ‘(k) DEFINITIONS- As used in this section--

      ‘(1) the term ‘capital projects’ means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services;

      ‘(2) the term ‘Director’ means the Director of TDA; and

      ‘(3) the term ‘TDA’ means the Trade and Development Agency.’.

SEC. 1506. MICROENTERPRISE DEVELOPMENT.

    Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by adding after title V the following:

‘TITLE VI--MICROENTERPRISE DEVELOPMENT

‘SEC. 251. MICROENTERPRISE DEVELOPMENT.

    ‘(a) CENTRALLY-MANAGED FUND-

      ‘(1) ESTABLISHMENT AND MANAGEMENT- The administrator of the agency primarily responsible for administering this part shall establish within the agency a centrally-managed fund to be known as the Microenterprise Development Fund (hereinafter in this section referred to as the ‘Fund’). The Fund shall be managed by the office in that agency that has primary responsibility for working with private and voluntary organizations.

      ‘(2) DISBURSEMENTS THROUGH THE FUND- All funds made available to carry out part I of this Act that are used to promote microenterprise development shall be disbursed through the Fund.

    ‘(b) ACTIVITIES TO BE SUPPORTED- The Fund shall be used to support--

      ‘(1) the institutional development of the entities described in subsection (c);

      ‘(2) the provision of microenterprise credit through the entities described in subsection (c); and

      ‘(3) research on microenterprise development and evaluation of microenterprise activities funded under this section.

    ‘(c) INTERMEDIARY ORGANIZATIONS- Funds disbursed through the Fund shall be primarily channeled through--

      ‘(1) United States and indigenous private and voluntary organizations,

      ‘(2) United States and indigenous credit union organizations, and

      ‘(3) other indigenous governmental and nongovernmental organizations,

    that have demonstrated a capacity to develop sustainable microenterprise service institutions.

    ‘(d) ALLOCATION OF FUNDS-

      ‘(1) MICROENTERPRISE CREDIT- (A) Of amounts disbursed through the Fund each fiscal year pursuant to subsection (b)(2), at least 50 percent shall be used for poverty lending. As used in this paragraph, the term ‘poverty lending’ means a loan of $300 or less or, in the case of an initial loan, of $150 or less.

      ‘(B) The administrator of the agency primarily responsible for administering this part shall seek to ensure that not less than 60 percent of the borrowers of funds disbursed through the Fund pursuant to subsection (b)(2) are women.

      ‘(2) RESEARCH AND EVALUATION- Not more than 5 percent of funds disbursed through the Fund each fiscal year may be used for research and evaluation activities under subsection (b)(3).’.

SEC. 1507. REPORT ON AID’S IMPLEMENTATION OF AGENDA 21 PRINCIPLES.

    Not later than 2 years after the date of enactment of this Act, the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 shall submit to the Congress a report on the incorporation of the Agenda 21 principles of the United Nations Conference on Environment and Development into the foreign assistance activities administered by that agency.

SEC. 1508. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE UNDER INTERNATIONAL DISASTER ASSISTANCE.

    Section 491(b) of the Foreign Assistance Act of 1961 is amended by striking ‘disaster relief and rehabilitation’ and inserting ‘disaster relief, rehabilitation, and reconstruction’.