skip to main content

H.R. 3427 (106th): Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001

The text of the bill below is as of Nov 17, 1999 (Introduced).


HR 3427 IH

106th CONGRESS

1st Session

H. R. 3427

To authorize appropriations for the Department of State for fiscal years 2000 and 2001; to provide for enhanced security at United States diplomatic facilities; to provide for certain arms control, nonproliferation, and other national security measures; to provide for reform of the United Nations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 17, 1999

Mr. SMITH OF NEW JERSEY (for himself, Ms. MCKINNEY, Mr. GILMAN, and Mr. GEJDENSON) introduced the following bill; which was referred to the Committee on International Relations


A BILL

To authorize appropriations for the Department of State for fiscal years 2000 and 2001; to provide for enhanced security at United States diplomatic facilities; to provide for certain arms control, nonproliferation, and other national security measures; to provide for reform of the United Nations, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) ACT- This Act is organized into two divisions as follows:

      (1) DIVISION A- Department of State Provisions.

      (2) DIVISION B- Arms Control, Nonproliferation, and Security Assistance Provisions.

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

      Sec. 1. Short title.

      Sec. 2. Organization of act into divisions; table of contents.

      Sec. 3. Definitions.

DIVISION A--DEPARTMENT OF STATE PROVISIONS

TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A--Department of State

      Sec. 101. Administration of foreign affairs.

      Sec. 102. International commissions.

      Sec. 103. Migration and refugee assistance.

      Sec. 104. United States informational, educational, and cultural programs.

      Sec. 105. Grants to the Asia Foundation.

      Sec. 106. Contributions to international organizations.

      Sec. 107. Contributions for international peacekeeping activities.

      Sec. 108. Voluntary contributions to international organizations.

Subtitle B--United States International Broadcasting Activities

      Sec. 121. Authorizations of appropriations.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A--Basic Authorities and Activities

      Sec. 201. Office of Children’s Issues.

      Sec. 202. Strengthening implementation of the Hague Convention on the Civil Aspects of International Child Abduction.

      Sec. 203. Report concerning attack in Cambodia.

      Sec. 204. International expositions.

      Sec. 205. Responsibility of the AID Inspector General for the Inter-American Foundation and the African Development Foundation.

      Sec. 206. Report on Cuban drug trafficking.

      Sec. 207. Revision of reporting requirement.

      Sec. 208. Foreign language proficiency.

      Sec. 209. Continuation of reporting requirements.

      Sec. 210. Joint funds under agreements for cooperation in environmental, scientific, cultural and related areas.

      Sec. 211. Report on international extradition.

Subtitle B--Consular Authorities

      Sec. 231. Machine readable visas.

      Sec. 232. Fees relating to affidavits of support.

      Sec. 233. Passport fees.

      Sec. 234. Deaths and estates of United States citizens abroad.

      Sec. 235. Duties of consular officers regarding major disasters and incidents abroad affecting United States citizens.

      Sec. 236. Issuance of passports for children under age 14.

      Sec. 237. Processing of visa applications.

      Sec. 238. Feasibility study on further passport restrictions on individuals in arrears on child support.

Subtitle C--Refugees

      Sec. 251. United States policy regarding the involuntary return of refugees.

      Sec. 252. Human rights reports.

      Sec. 253. Guidelines for refugee processing posts.

      Sec. 254. Gender-related persecution task force.

      Sec. 255. Eligibility for refugee status.

TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

Subtitle A--Organization Matters

      Sec. 301. Legislative liaison offices of the Department of State.

      Sec. 302. State Department official for Northeastern Europe.

      Sec. 303. Science and Technology Adviser to the Secretary of State.

      Sec. 304. Application of certain laws to public diplomacy funds.

      Sec. 305. Reform of the diplomatic telecommunications service office.

Subtitle B--Personnel of the Department of State

      Sec. 321. Award of Foreign Service star.

      Sec. 322. United States citizens hired abroad.

      Sec. 323. Limitation on percentage of Senior Foreign Service eligible for performance pay.

      Sec. 324. Placement of Senior Foreign Service personnel.

      Sec. 325. Report on management training.

      Sec. 326. Workforce planning for Foreign Service personnel by Federal agencies.

      Sec. 327. Records of disciplinary actions.

      Sec. 328. Limitation on salary and benefits for members of the Foreign Service recommended for separation for cause.

      Sec. 329. Treatment of grievance records.

      Sec. 330. Deadlines for filing grievances.

      Sec. 331. Reports by the Foreign Service Grievance Board.

      Sec. 332. Extension of use of Foreign Service personnel system.

      Sec. 333. Border equalization pay adjustment.

      Sec. 334. Treatment of certain persons reemployed after service with international organizations.

      Sec. 335. Transfer allowance for families of deceased Foreign Service personnel.

      Sec. 336. Parental choice in education.

      Sec. 337. Medical emergency assistance.

      Sec. 338. Report concerning financial disadvantages for administrative and technical personnel.

      Sec. 339. State Department Inspector General and personnel investigations.

      Sec. 340. Study of compensation for survivors of terrorist attacks overseas.

      Sec. 341. Preservation of diversity in reorganization.

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

Subtitle A--Authorities and Activities

      Sec. 401. Educational and cultural exchanges and scholarships for Tibetans and Burmese.

      Sec. 402. Conduct of certain educational and cultural exchange programs.

      Sec. 403. National security measures.

      Sec. 404. Sunset of United States Advisory Commission on Public Diplomacy.

      Sec. 405. Royal Ulster Constabulary training.

Subtitle B--Russian and Ukrainian Business Management Education

      Sec. 421. Purpose.

      Sec. 422. Definitions.

      Sec. 423. Authorization for training program and internships.

      Sec. 424. Applications for technical assistance.

      Sec. 425. Restrictions not applicable.

      Sec. 426. Authorization of appropriations.

TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

      Sec. 501. Reauthorization of Radio Free Asia.

      Sec. 502. Nomination requirements for the Chairman of the Broadcasting Board of Governors.

      Sec. 503. Preservation of RFE/RL (Radio Free Europe/Radio Liberty).

      Sec. 504. Immunity from civil liability for Broadcasting Board of Governors.

TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

      Sec. 601. Short title.

      Sec. 602. Findings.

      Sec. 603. United States diplomatic facility defined.

      Sec. 604. Authorizations of appropriations.

      Sec. 605. Obligations and expenditures.

      Sec. 606. Security requirements for United States diplomatic facilities.

      Sec. 607. Report on overseas presence.

      Sec. 608. Accountability review boards.

      Sec. 609. Increased anti-terrorism training in Africa.

TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Subtitle A--International Organizations Other than the United Nations

      Sec. 701. Conforming amendments to reflect redesignation of certain interparliamentary groups.

      Sec. 702. Authority of the International Boundary and Water Commission to assist State and local governments.

      Sec. 703. International Boundary and Water Commission.

      Sec. 704. Semiannual reports on United States support for membership or participation of Taiwan in international organizations.

      Sec. 705. Restriction relating to United States accession to the International Criminal Court.

      Sec. 706. Prohibition on extradition or transfer of United States citizens to the International Criminal Court.

      Sec. 707. Requirement for reports regarding foreign travel.

      Sec. 708. United States representation at the International Atomic Energy Agency.

Subtitle B--United Nations Activities

      Sec. 721. United Nations policy on Israel and the Palestinians.

      Sec. 722. Data on costs incurred in support of United Nations peacekeeping operations.

      Sec. 723. Reimbursement for goods and services provided by the United States to the United Nations.

      Sec. 724. Codification of required notice of proposed United Nations peacekeeping operations.

TITLE VIII--MISCELLANEOUS PROVISIONS

Subtitle A--General Provisions

      Sec. 801. Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy.

      Sec. 802. Technical corrections.

      Sec. 803. Reports with respect to a referendum on Western Sahara.

      Sec. 804. Reporting requirements under PLO Commitments Compliance Act of 1989.

      Sec. 805. Report on terrorist activity in which United States citizens were killed and related matters.

      Sec. 806. Annual reporting on war crimes, crimes against humanity, and genocide.

Subtitle B--North Korea Threat Reduction

      Sec. 821. Short title.

      Sec. 822. Restrictions on nuclear cooperation with North Korea.

      Sec. 823. Definitions.

Subtitle C--People’s Republic of China

      Sec. 871. Findings.

      Sec. 872. Funding for additional personnel at diplomatic posts to report on political, economic, and human rights matters in the People’s Republic of China.

      Sec. 873. Prisoner information registry for the People’s Republic of China.

TITLE IX--ARREARS PAYMENTS AND REFORM

Subtitle A--General Provisions

      Sec. 901. Short title.

      Sec. 902. Definitions.

Subtitle B--Arrearages to the United Nations

Chapter 1--Authorization of Appropriations; Obligation and Expenditure of Funds

      Sec. 911. Authorization of appropriations.

      Sec. 912. Obligation and expenditure of funds.

      Sec. 913. Forgiveness of amounts owed by the United Nations to the United States.

Chapter 2--United States Sovereignty

      Sec. 921. Certification requirements.

Chapter 3--Reform of Assessments and United Nations Peacekeeping Operations

      Sec. 931. Certification requirements.

Chapter 4--Budget and Personnel Reform

      Sec. 941. Certification requirements.

Subtitle C--Miscellaneous Provisions

      Sec. 951. Statutory construction on relation to existing laws.

      Sec. 952. Prohibition on payments relating to UNIDO and other international organizations from which the United States has withdrawn or rescinded funding.

DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE PROVISIONS

      Sec. 1001. Short title.

TITLE XI--ARMS CONTROL AND NONPROLIFERATION

      Sec. 1101. Short title.

      Sec. 1102. Definitions.

Subtitle A--Arms Control

Chapter 1--Effective Verification of Compliance With Arms Control Agreements

      Sec. 1111. Key Verification Assets Fund.

      Sec. 1112. Assistant Secretary of State for Verification and Compliance.

      Sec. 1113. Enhanced annual (‘Pell’) report.

      Sec. 1114. Report on START and START II Treaties monitoring issues.

      Sec. 1115. Standards for verification.

      Sec. 1116. Contribution to the advancement of seismology.

      Sec. 1117. Protection of United States companies.

      Sec. 1118. Requirement for transmittal of summaries.

Chapter 2--Matters Relating to the Control of Biological Weapons

      Sec. 1121. Short title.

      Sec. 1122. Definitions.

      Sec. 1123. Findings.

      Sec. 1124. Trial investigations and trial visits.

Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

      Sec. 1131. Congressional notification of nonproliferation activities.

      Sec. 1132. Effective use of resources for nonproliferation programs.

      Sec. 1133. Disposition of weapons-grade material.

      Sec. 1134. Provision of certain information to Congress.

      Sec. 1135. Amended nuclear export reporting requirement.

      Sec. 1136. Adherence to the Missile Technology Control Regime.

      Sec. 1137. Authority relating to MTCR adherents.

      Sec. 1138. Transfer of funding for science and technology centers in the former Soviet Union.

      Sec. 1139. Research and exchange activities by science and technology centers.

TITLE XII--SECURITY ASSISTANCE

      Sec. 1201. Short title.

Subtitle A--Transfers of Excess Defense Articles

      Sec. 1211. Excess defense articles for Central and Southern European countries.

      Sec. 1212. Excess defense articles for certain other countries.

      Sec. 1213. Increase in annual limitation on transfer of excess defense articles.

Subtitle B--Foreign Military Sales Authorities

      Sec. 1221. Termination of foreign military training.

      Sec. 1222. Sales of excess Coast Guard property.

      Sec. 1223. Competitive pricing for sales of defense articles.

      Sec. 1224. Notification of upgrades to direct commercial sales.

      Sec. 1225. Unauthorized use of defense articles.

Subtitle C--Stockpiling of Defense Articles for Foreign Countries

      Sec. 1231. Additions to United States war reserve stockpiles for allies.

      Sec. 1232. Transfer of certain obsolete or surplus defense articles in the war reserves stockpile for allies.

Subtitle D--Defense Offsets Disclosure

      Sec. 1241. Short title.

      Sec. 1242. Findings and declaration of policy.

      Sec. 1243. Definitions.

      Sec. 1244. Sense of Congress.

      Sec. 1245. Reporting of offset agreements.

      Sec. 1246. Expanded prohibition on incentive payments.

      Sec. 1247. Establishment of review commission.

      Sec. 1248. Multilateral strategy to address offsets.

Subtitle E--Automated Export System Relating to Export Information

      Sec. 1251. Short title.

      Sec. 1252. Mandatory use of the Automated Export System for filing certain Shippers’ Export Declarations.

      Sec. 1253. Voluntary use of the Automated Export System.

      Sec. 1254. Report to appropriate committees of Congress.

      Sec. 1255. Acceleration of Department of State licensing procedures.

      Sec. 1256. Definitions.

Subtitle F--International Arms Sales Code of Conduct Act of 1999

      Sec. 1261. Short title.

      Sec. 1262. International arms sales code of conduct.

Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

      Sec. 1271. Authority to transfer naval vessels.

TITLE XIII--MISCELLANEOUS PROVISIONS

      Sec. 1301. Publication of arms sales certifications.

      Sec. 1302. Notification requirements for commercial export of items on United States Munitions List.

      Sec. 1303. Enforcement of Arms Export Control Act.

      Sec. 1304. Violations relating to material support to terrorists.

      Sec. 1305. Authority to consent to third party transfer of ex-U.S.S. Bowman County to USS 1st Ship Memorial, Inc.

      Sec. 1306. Annual military assistance report.

      Sec. 1307. Annual foreign military training report.

      Sec. 1308. Security assistance for the Philippines.

      Sec. 1309. Effective regulation of satellite export activities.

      Sec. 1310. Study on licensing process under the Arms Export Control Act.

      Sec. 1311. Report concerning proliferation of small arms.

      Sec. 1312. Conforming amendment.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- Except as otherwise provided in section 902(1), the term ‘appropriate congressional committees’ means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

      (2) SECRETARY- The term ‘Secretary’ means the Secretary of State.

DIVISION A--DEPARTMENT OF STATE PROVISIONS

TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A--Department of State

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for the Department of State under ‘Administration of Foreign Affairs’ to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law, including public diplomacy activities and the diplomatic security program:

      (1) DIPLOMATIC AND CONSULAR PROGRAMS-

        (A) AUTHORIZATION OF APPROPRIATIONS- For ‘Diplomatic and Consular Programs’ of the Department of State, $2,837,772,000 for the fiscal year 2000 and $3,263,438,000 for the fiscal year 2001.

        (B) LIMITATIONS-

          (i) WORLDWIDE SECURITY UPGRADES- Of the amounts authorized to be appropriated by subparagraph (A), $254,000,000 for the fiscal year 2000 and $315,000,000 for the fiscal year 2001 is authorized to be appropriated only for worldwide security upgrades.

          (ii) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR- Of the amounts authorized to be appropriated by subparagraph (A), $12,000,000 for the fiscal year 2000 and $12,000,000 for the fiscal year 2001 is authorized to be appropriated only for salaries and expenses of the Bureau of Democracy, Human Rights, and Labor.

          (iii) RECRUITMENT OF MINORITY GROUPS- Of the amounts authorized to be appropriated by subparagraph (A), $2,000,000 for fiscal year 2000 and $2,000,000 for fiscal year 2001 is authorized to be appropriated only for the recruitment of members of minority groups for careers in the Foreign Service and international affairs.

      (2) CAPITAL INVESTMENT FUND- For ‘Capital Investment Fund’ of the Department of State, $90,000,000 for the fiscal year 2000 and $150,000,000 for the fiscal year 2001.

      (3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE- For ‘Embassy Security, Construction and Maintenance’, $434,066,000 for the fiscal year 2000 and $445,000,000 for the fiscal year 2001.

      (4) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $5,850,000 for the fiscal year 2000 and $5,850,000 for the fiscal year 2001.

      (5) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For ‘Emergencies in the Diplomatic and Consular Service’, $17,000,000 for the fiscal year 2000 and $17,000,000 for the fiscal year 2001.

      (6) OFFICE OF THE INSPECTOR GENERAL- For ‘Office of the Inspector General’, $30,054,000 for the fiscal year 2000 and $30,054,000 for the fiscal year 2001.

      (7) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For ‘Payment to the American Institute in Taiwan’, $15,760,000 for the fiscal year 2000 and $15,918,000 for the fiscal year 2001.

      (8) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS-

        (A) AMOUNTS AUTHORIZED TO BE APPROPRIATED- For ‘Protection of Foreign Missions and Officials’, $9,490,000 for the fiscal year 2000 and $9,490,000 for the fiscal year 2001.

        (B) AVAILABILITY OF FUNDS- Each amount appropriated pursuant to this paragraph is authorized to remain available through September 30 of the fiscal year following the fiscal year for which the amount was appropriated.

      (9) REPATRIATION LOANS- For ‘Repatriation Loans’, $1,200,000 for the fiscal year 2000 and $1,200,000 for the fiscal year 2001, for administrative expenses.

SEC. 102. INTERNATIONAL COMMISSIONS.

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

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

        (A) for ‘Salaries and Expenses’, $20,413,000 for the fiscal year 2000 and $20,413,000 for the fiscal year 2001; and

        (B) for ‘Construction’, $8,435,000 for the fiscal year 2000 and $8,435,000 for the fiscal year 2001.

      (2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA- For ‘International Boundary Commission, United States and Canada’, $859,000 for the fiscal year 2000 and $859,000 for the fiscal year 2001.

      (3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $3,819,000 for the fiscal year 2000 and $3,819,000 for the fiscal year 2001.

      (4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $16,702,000 for the fiscal year 2000 and $16,702,000 for the fiscal year 2001.

SEC. 103. MIGRATION AND REFUGEE ASSISTANCE.

    (a) MIGRATION AND REFUGEE ASSISTANCE-

      (1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities, $750,000,000 for the fiscal year 2000 and $750,000,000 for the fiscal year 2001.

      (2) LIMITATIONS-

        (A) TIBETAN REFUGEES IN INDIA AND NEPAL- Of the amounts authorized to be appropriated in paragraph (1), $2,000,000 for the fiscal year 2000 and $2,000,000 for the fiscal year 2001 is authorized to be available for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have fled Chinese-occupied Tibet.

        (B) REFUGEES RESETTLING IN ISRAEL- Of the amounts authorized to be appropriated in paragraph (1), $60,000,000 for the fiscal year 2000 and $60,000,000 for the fiscal year 2001 is authorized to be available only for assistance for refugees resettling in Israel from other countries.

        (C) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE- Of the amounts authorized to be appropriated in paragraph (1), $2,000,000 for the fiscal year 2000 and $2,000,000 for the fiscal year 2001 are authorized to be available for humanitarian assistance (including food, medicine, clothing, and medical and vocational training) to persons displaced as a result of civil conflict in Burma, including persons still within Burma.

        (D) ASSISTANCE FOR DISPLACED SIERRA LEONEANS- Of the amounts authorized to be appropriated in paragraph (1), $2,000,000 for the fiscal year 2000 and $2,000,000 for the fiscal year 2001 are authorized to be available for humanitarian assistance (including food, medicine, clothing, and medical and vocational training) and resettlement of persons who have been severely mutilated as a result of civil conflict in Sierra Leone, including persons still within Sierra Leone.

      (E) INTERNATIONAL RAPE COUNSELING PROGRAM- Of the amounts authorized to be appropriated in paragraph (1), $1,000,000 for the fiscal year 2000 and $1,000,000 for the fiscal year 2001 are authorized to be appropriated for a program of counseling for female victims of rape and gender violence in times of conflict and war.

    (b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to this section are authorized to remain available until expended.

SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS.

    (a) IN GENERAL- The following amounts are authorized to be appropriated for the Department of State to carry out international information activities and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the Dante B. Fascell North-South Center Act of 1991, and the National Endowment for Democracy Act, other such programs including the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation and the Mike Mansfield Fellowship Program, and to carry out other authorities in law consistent with such purposes:

      (1) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-

        (A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS- For the ‘Fulbright Academic Exchange Programs’ (other than programs described in subparagraph (B)), $112,000,000 for the fiscal year 2000 and $120,000,000 for the fiscal year 2001.

        (B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-

          (i) IN GENERAL- For other educational and cultural exchange programs authorized by law, including the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation and Mike Mansfield Fellowship Program, $98,329,000 for the fiscal year 2000 and $105,000,000 for the fiscal year 2001.

          (ii) SOUTH PACIFIC EXCHANGES- Of the amounts authorized to be appropriated under clause (i), $750,000 for the fiscal year 2000 and $750,000 for the fiscal year 2001 is authorized to be available for ‘South Pacific Exchanges’.

          (iii) EAST TIMORESE SCHOLARSHIPS- Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 2000 and $500,000 for the fiscal year 2001 is authorized to be available for ‘East Timorese Scholarships’.

          (iv) TIBETAN EXCHANGES- Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 2000 and $500,000 for the fiscal year 2001 is authorized to be available for ‘Ngawang Choephel Exchange Programs’ (formerly known as educational and cultural exchanges with Tibet) under section 103(a) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319).

          (v) AFRICAN EXCHANGES- Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 2000 and $500,000 for the fiscal year 2001 is authorized to be available only for ‘Educational and Cultural Exchanges with Sub-Saharan Africa’.

          (vi) ISRAEL-ARAB PEACE PARTNERS PROGRAM- Of the amounts authorized to be appropriated under clause (i), $750,000 for the fiscal year 2000 and $750,000 for the fiscal year 2001 is authorized to be available only for people-to-people activities (with a focus on young people) to support the Middle East peace process involving participants from Israel, the Palestinian Authority, Arab countries, and the United States, to be known as the ‘Israel-Arab Peace Partners Program’. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a plan to the appropriate congressional committees for implementation of such program. The Secretary shall not implement the plan until 45 days after its submission to the appropriate congressional committees.

      (2) NATIONAL ENDOWMENT FOR DEMOCRACY-

        (A) AUTHORIZATION OF APPROPRIATIONS- For the ‘National Endowment for Democracy’, $32,000,000 for the fiscal year 2000 and $32,000,000 for the fiscal year 2001.

        (B) REAGAN-FASCELL DEMOCRACY FELLOWS- Of the amount authorized to be appropriated by subparagraph (A), $1,000,000 for fiscal year 2000 and $1,000,000 for the fiscal year 2001 is authorized to be appropriated only for a fellowship program, to be known as the ‘Reagan-Fascell Democracy Fellows’, for democracy activists and scholars from around the world at the International Forum for Democratic Studies in Washington, D.C., to study, write, and exchange views with other activists and scholars and with Americans.

      (3) DANTE B. FASCELL NORTH-SOUTH CENTER- For ‘Dante B. Fascell North-South Center’ $2,500,000 for the fiscal year 2000 and $2,500,000 for the fiscal year 2001.

      (4) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST- For the ‘Center for Cultural and Technical Interchange between East and West’, $12,500,000 for the fiscal year 2000 and $12,500,000 for the fiscal year 2001.

    (b) MUSKIE FELLOWSHIPS-

      (1) EXCHANGES WITH RUSSIA- Of the amounts authorized to be appropriated by this or any other Act for the fiscal years 2000 and 2001 for exchange programs with the Russian Federation, $5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001 shall be available only to carry out the Edmund S. Muskie Program under section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

      (2) DOCTORAL GRADUATE STUDIES FOR NATIONALS OF THE INDEPENDENT STATES OF THE FORMER SOVIET UNION- Of the amounts authorized to be appropriated by this or any other Act for the fiscal years 2000 and 2001 for exchange programs, $1,500,000 for fiscal year 2000 and $1,500,000 for fiscal year 2001 shall be available only to provide scholarships for doctoral graduate study in economics to nationals of the independent states of the former Soviet Union under the Edmund S. Muskie Fellowship Program authorized by section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

    (c) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PROGRAM- Of the amounts authorized to be appropriated by subsection (a)(1)(A), $4,000,000 for the fiscal year 2000 and $4,000,000 for the fiscal year 2001 shall be available only to carry out the Vietnam scholarship program established by section 229 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

SEC. 105. GRANTS TO THE ASIA FOUNDATION.

    Section 404 of The Asia Foundation Act (title IV of Public Law 98-164; 22 U.S.C. 4403) is amended to read as follows:

    ‘SEC. 404. There are authorized to be appropriated to the Secretary of State $15,000,000 for each of the fiscal years 2000 and 2001 for grants to The Asia Foundation pursuant to this title.’.

SEC. 106. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There are authorized to be appropriated under the heading ‘Contributions to International Organizations’ $940,000,000 for the fiscal year 2000 and such sums as may be necessary for the fiscal year 2001 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) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF NATO- Of the amounts authorized in paragraph (1), $48,977,000 are authorized in fiscal year 2000 and such sums as may be necessary in fiscal year 2001 for the United States assessment for the civil budget of the North Atlantic Treaty Organization.

    (b) NO GROWTH BUDGET- Of the funds made available under subsection (a), $80,000,000 may be made available during each calendar year only after the Secretary of State certifies that the United Nations has taken no action during the preceding calendar year to increase funding for any United Nations program without identifying an offsetting decrease during that calendar year elsewhere in the United Nations budget of $2,533,000,000, and cause the United Nations to exceed the initial 1998-99 United Nations biennium budget adopted in December 1997.

    (c) INSPECTOR GENERAL OF THE UNITED NATIONS-

      (1) WITHHOLDING OF FUNDS- Twenty percent of the funds made available in each fiscal year under subsection (a) for the assessed contribution of the United States to the United Nations shall be withheld from obligation and expenditure until a certification is made under paragraph (2).

      (2) CERTIFICATION- A certification under this paragraph is a certification by the Secretary of State in the fiscal year concerned that the following conditions are satisfied:

        (A) ACTION BY THE UNITED NATIONS- The United Nations--

          (i) has met the requirements of paragraphs (1) through (6) of section 401(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), as amended by paragraph (3);

          (ii) has established procedures that require the Under Secretary General of the Office of Internal Oversight Services to report directly to the Secretary General on the adequacy of the Office’s resources to enable the Office to fulfill its mandate; and

          (iii) has made available an adequate amount of funds to the Office for carrying out its functions.

        (B) AUTHORITY BY OIOS- The Office of Internal Oversight Services has authority to audit, inspect, or investigate each program, project, or activity funded by the United Nations, and each executive board created under the United Nations has been notified of that authority.

      (3) AMENDMENT OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995- Section 401(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 is amended--

        (A) by amending paragraph (6) to read as follows:

      ‘(6) the United Nations has procedures in place to ensure that all reports submitted by the Office of Internal Oversight Services are made available to the member states of the United Nations without modification except to the extent necessary to protect the privacy rights of individuals.’; and

        (B) by striking ‘Inspector General’ each place it appears and inserting ‘Office of Internal Oversight Services’.

    (d) PROHIBITION ON CERTAIN GLOBAL CONFERENCES- None of the funds made available under subsection (a) shall be available for any United States contribution to pay for any expense related to the holding of any United Nations global conference, except for any conference scheduled prior to October 1, 1998.

    (e) PROHIBITION ON FUNDING OTHER FRAMEWORK TREATY-BASED ORGANIZATIONS- None of the funds made available for the 1998-1999 biennium budget under subsection (a) for United States contributions to the regular budget of the United Nations shall be available for the United States proportionate share of any other framework treaty-based organization, including the Framework Convention on Global Climate Change, the International Seabed Authority, the Desertification Convention, and the International Criminal Court.

    (f) FOREIGN CURRENCY EXCHANGE RATES-

      (1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2000 and 2001 to offset adverse fluctuations in foreign currency exchange rates.

      (2) AVAILABILITY OF FUNDS- Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations.

    (g) REFUND OF EXCESS CONTRIBUTIONS- The United States shall continue to insist that the United Nations and its specialized and affiliated agencies shall credit or refund to each member of the agency concerned its proportionate share of the amount by which the total contributions to the agency exceed the expenditures of the regular assessed budgets of these agencies.

SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.

    There are authorized to be appropriated under the heading ‘Contributions for International Peacekeeping Activities’ $500,000,000 for the fiscal year 2000 and such sums as may be necessary for the fiscal year 2001 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.

SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for ‘Voluntary Contributions to International Organizations’, $293,000,000 for the fiscal year 2000 and such sums as may be necessary for the fiscal year 2001.

    (b) LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS-

      (1) WORLD FOOD PROGRAM- Of the amounts authorized to be appropriated under subsection (a), $5,000,000 for the fiscal year 2000 and $5,000,000 for the fiscal year 2001 is authorized to be appropriated only for a United States contribution to the World Food Program.

      (2) UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF TORTURE- Of the amounts authorized to be appropriated under subsection (a), $5,000,000 for the fiscal year 2000 and $5,000,000 for the fiscal year 2001 is authorized to be appropriated only for a United States contribution to the United Nations Voluntary Fund for Victims of Torture.

      (3) ORGANIZATION OF AMERICAN STATES- Of the amounts authorized to be appropriated under subsection (a), $240,000 for the fiscal year 2000 and $240,000 for the fiscal year 2001 is authorized to be appropriated only for a United States contribution to the Organization of American States for the Office of the Special Rapporteur for Freedom of Expression in the Western Hemisphere to conduct investigations, including field visits, to establish a network of nongovernmental organizations, and to hold hemispheric conferences, of which $6,000 for each fiscal year is authorized to be appropriated only for the investigation and dissemination of information on violations of freedom of expression by the Government of Cuba, $6,000 for each fiscal year is authorized to be appropriated only for the investigation and dissemination of information on violations of freedom of expression by the Government of Peru, and $6,000 for each fiscal year is authorized to be appropriated only for the investigation and dissemination of information on violations of freedom of expression by the Government of Colombia.

      (4) UNICEF- Of the amounts authorized to be appropriated under subsection (a), $110,000,000 for the fiscal year 2000 is authorized to be appropriated only for a United States contribution to UNICEF.

    (c) RESTRICTIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM-

      (1) LIMITATION- Of the amounts made available under subsection (a) for each of the fiscal years 2000 and 2001 for United States voluntary contributions to the United Nations Development Program an amount equal to the amount the United Nations Development Program will spend in Burma during each fiscal year shall be withheld unless during such fiscal year the Secretary of State submits to the appropriate congressional committees the certification described in paragraph (2).

      (2) CERTIFICATION- The certification referred to in paragraph (1) is a certification by the Secretary of State that all programs and activities of the United Nations Development Program (including United Nations Development Program--Administered Funds) in Burma--

        (A) are focused on eliminating human suffering and addressing the needs of the poor;

        (B) are undertaken only through international or private voluntary organizations that have been deemed independent of the State Peace and Development Council (SPDC) (formerly known as the State Law and Order Restoration Council (SLORC)), after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma;

        (C) provide no financial, political, or military benefit to the SPDC; and

        (D) are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma.

    (d) CONTRIBUTIONS TO THE UNITED NATIONS FUND FOR POPULATION ACTIVITIES-

      (1) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts made available under subsection (a), not more than $25,000,000 for fiscal year 2000 and $25,000,000 for fiscal year 2001 shall be available for the United Nations Fund for Population Activities (hereinafter in this subsection referred to as the ‘UNFPA’).

      (2) PROHIBITION ON USE OF FUNDS IN CHINA- None of the funds made available under subsection (a) may be made available for the UNFPA for a country program in the People’s Republic of China.

      (3) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under subsection (a) for each of the fiscal years 2000 and 2001 for the UNFPA may not be made available to the UNFPA unless--

        (A) the UNFPA maintains amounts made available to the UNFPA under this section in an account separate from other accounts of the UNFPA;

        (B) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and

        (C) the UNFPA does not fund abortions.

      (4) REPORT TO CONGRESS AND WITHHOLDING OF FUNDS-

        (A) Not later than February 15, of each of the years 2000 and 2001, the Secretary of State shall submit a report to the appropriate congressional committees indicating the amount of funds that the United Nations Fund for Population Activities is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.

        (B) If a report under subparagraph (A) indicates that the United Nations Population Fund plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds that the UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to the UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.

    (e) AVAILABILITY OF FUNDS- Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended.

Subtitle B--United States International Broadcasting Activities

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) IN GENERAL- The following amounts are authorized to be appropriated to carry out the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act, and to carry out other authorities in law consistent with such purposes:

      (1) INTERNATIONAL BROADCASTING ACTIVITIES- For ‘International Broadcasting Activities’, $385,900,000 for the fiscal year 2000, and $393,618,000 for the fiscal year 2001.

      (2) BROADCASTING CAPITAL IMPROVEMENTS- For ‘Broadcasting Capital Improvements’, $20,868,000 for the fiscal year 2000, and $20,868,000 for the fiscal year 2001.

      (3) BROADCASTING TO CUBA- For ‘Broadcasting to Cuba’, $22,743,000 for the fiscal year 2000 and $22,743,000 for the fiscal year 2001.

      (4) RADIO FREE ASIA- For ‘Radio Free Asia’, $24,000,000 for the fiscal year 2000, and $30,000,000 for the fiscal year 2001.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A--Basic Authorities and Activities

SEC. 201. OFFICE OF CHILDREN’S ISSUES.

    (a) DIRECTOR REQUIREMENTS- The Secretary of State shall fill the position of Director of the Office of Children’s Issues of the Department of State (in this section referred to as the ‘Office’) with an individual of senior rank who can ensure long-term continuity in the management and policy matters of the Office and has a strong background in consular affairs.

    (b) CASE OFFICER STAFFING- Effective April 1, 2000, there shall be assigned to the Office of Children’s Issues of the Department of State a sufficient number of case officers to ensure that the average caseload for each officer does not exceed 75.

    (c) EMBASSY CONTACT- The Secretary of State shall designate in each United States diplomatic mission an employee who shall serve as the point of contact for matters relating to international abductions of children by parents. The Director of the Office shall regularly inform the designated employee of children of United States citizens abducted by parents to that country.

    (d) REPORTS TO PARENTS-

      (1) IN GENERAL- Except as provided in paragraph (2), beginning 6 months after the date of enactment of this Act, and at least once every 6 months thereafter, the Secretary of State shall report to each parent who has requested assistance regarding an abducted child overseas. Each such report shall include information on the current status of the abducted child’s case and the efforts by the Department of State to resolve the case.

      (2) EXCEPTION- The requirement in paragraph (1) shall not apply in a case of an abducted child if--

        (A) the case has been closed and the Secretary of State has reported the reason the case was closed to the parent who requested assistance; or

        (B) the parent seeking assistance requests that such reports not be provided.

SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

    Section 2803(a) of the Foreign Affairs Reform and Restructuring Act of 1998 (as contained in division G of Public Law 105-277) is amended--

      (1) in the first sentence, by striking ‘1999,’ and inserting ‘2001,’;

      (2) in paragraph (1), by striking ‘United States citizens’ and inserting ‘applicants in the United States’;

      (3) in paragraph (2), by striking ‘abducted.’ and inserting ‘abducted, are being wrongfully retained in violation of United States court orders, or which have failed to comply with any of their obligations under such convention with respect to applications for the return of children, access to children, or both, submitted by applicants in the United States.’;

      (4) in paragraph (3)--

        (A) by striking ‘children’ and inserting ‘children, access to children, or both,’; and

        (B) by striking ‘United States citizens’ and inserting ‘applicants in the United States’;

      (5) in paragraph (4), by inserting before the period at the end the following: ‘, including the specific actions taken by the United States chief of mission in the country to which the child is alleged to have been abducted’; and

      (6) by inserting after paragraph (5) the following new paragraphs:

      ‘(6) A list of the countries that are parties to the Convention in which, during the reporting period, parents who have been left-behind in the United States have not been able to secure prompt enforcement of a final return or access order under a Hague proceeding, of a United States custody, access, or visitation order, or of an access or visitation order by authorities in the country concerned, due to the absence of a prompt and effective method for enforcement of civil court orders, the absence of a doctrine of comity, or other factors.

      ‘(7) A description of the efforts of the Secretary of State to encourage the parties to the Convention to facilitate the work of nongovernmental organizations within their countries that assist parents seeking the return of children under the Convention.’.

SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

    Not later than 30 days after the date of the enactment of this Act, and one year thereafter unless the investigation referred to in this section is completed, the Secretary of State, in consultation with the Attorney General, shall submit a report to the appropriate congressional committees, in classified and unclassified form, containing the most current information on the investigation into the March 30, 1997, grenade attack in Cambodia.

SEC. 204. INTERNATIONAL EXPOSITIONS.

    (a) LIMITATION- Except as provided in subsection (b) and notwithstanding any other provision of law, the Department of State may not obligate or expend any funds appropriated to the Department of State for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions in excess of amounts expressly authorized and appropriated for such purpose.

    (b) EXCEPTIONS-

      (1) IN GENERAL- The Department of State is authorized to utilize its personnel and resources to carry out the responsibilities of the Department for the following:

        (A) Administrative services, including legal and other advice and contract administration, under section 102(a)(3) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(3)) related to United States participation in international fairs and expositions abroad. Such administrative services may not include capital expenses, operating expenses, or travel or related expenses (other than such expenses as are associated with the provision of administrative services by employees of the Department of State).

        (B) Activities under section 105(f) of such Act with respect to encouraging foreign governments, international organizations, and private individuals, firms, associations, agencies and other groups to participate in international fairs and expositions and to make contributions to be utilized for United States participation in international fairs and expositions.

        (C) Encouraging private support of United States pavilions and exhibits at international fairs and expositions.

      (2) STATUTORY CONSTRUCTION- Nothing in this subsection authorizes the use of funds appropriated to the Department of State to make payments for--

        (A) contracts, grants, or other agreements with any other party to carry out the activities described in this subsection; or

        (B) the satisfaction of any legal claim or judgment or the costs of litigation brought against the Department of State arising from activities described in this subsection.

    (c) NOTIFICATION- No funds made available to the Department of State by any Federal agency to be used for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions may be obligated or expended unless the appropriate congressional committees are notified not less than 15 days prior to such obligation or expenditure.

    (d) REPORTS- The Commissioner General of a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions shall submit to the Secretary of State and the appropriate congressional committees a report concerning activities relating to such pavilion or exhibit every 180 days while serving as Commissioner General and shall submit a final report summarizing all such activities not later than 1 year after the closure of the pavilion or exhibit.

    (e) REPEAL- Section 230 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note) is repealed.

SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION.

    (a) RESPONSIBILITIES- Section 8A(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--

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

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

      (3) by adding at the end the following:

      ‘(3) shall supervise, direct, and control audit and investigative activities relating to programs and operations within the Inter-American Foundation and the African Development Foundation.’.

    (b) CONFORMING AMENDMENT- Section 8A(f) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting before the period at the end the following: ‘, an employee of the Inter-American Foundation, and an employee of the African Development Foundation’.

SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.

    (a) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an unclassified report (with a classified annex) on the extent of international drug trafficking through Cuba since 1990. The report shall include the following:

      (1) Information concerning the extent to which the Cuban Government or any official, employee, or entity of the Government of Cuba has engaged in, facilitated, or condoned such trafficking.

      (2) The extent to which agencies of the United States Government have investigated or prosecuted such activities.

    (b) LIMITATION- The report need not include information about isolated instances of conduct by low-level employees, except to the extent that such information may suggest improper conduct by more senior officials.

SEC. 207. REVISION OF REPORTING REQUIREMENT.

    Section 3 of Public Law 102-1 is amended by striking ‘60 days’ and inserting ‘90 days’.

SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

    (a) REPORT ON LANGUAGE PROFICIENCY- Section 702 of the Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by adding at the end the following new subsection:

    ‘(c) Not later than March 31 of each year, the Director General of the Foreign Service shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives summarizing the number of positions in each overseas mission requiring foreign language competence that--

      ‘(1) became vacant during the previous calendar year; and

      ‘(2) were filled by individuals having the required foreign language competence.’.

    (b) REPEAL- Section 304(c) of the Foreign Service Act of 1980 (22 U.S.C. 3944(c)) is repealed.

SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

    (a) REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE GOVERNMENT OF SAUDI ARABIA- Section 2801(b)(1) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking ‘third’ and inserting ‘seventh’.

    (b) REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD ACT- Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking ‘September 30, 1999,’ and inserting ‘September 30, 2001,’.

    (c) RELATIONS WITH VIETNAM- Section 2805 of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking ‘September 30, 1999,’ and inserting ‘September 30, 2001,’.

    (d) REPORTS ON BALLISTIC MISSILE COOPERATION WITH RUSSIA- Section 2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking ‘and January 1, 2000,’ and inserting ‘January 1, 2000, and January 1, 2001,’.

    (e) CONTINUATION OF REPORTS TERMINATED BY THE FEDERAL REPORTS ELIMINATION AND SUNSET ACT OF 1995- Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law:

      (1) Section 1205 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 22 U.S.C. 2346 note) (relating to annual reports on economic conditions in Egypt, Israel, Turkey, and Portugal).

      (2) Section 1307(f)(1)(A) of the International Financial Institutions Act (Public Law 95-118) (relating to an assessment of the environmental impact of proposed multilateral development bank actions).

      (3) Section 118(f) of the Foreign Assistance Act of 1961 (Public Law 87-195; 22 U.S.C. 2151p-1) (relating to the protection of tropical forests).

      (4) Section 586J(c)(4) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513) (relating to sanctions taken by other nations against Iraq).

      (5) Section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3) (relating to the status of efforts to obtain Iraqi compliance with United Nations Security Council resolutions).

      (6) Section 124 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2680 note) (relating to expenditures for emergencies in the diplomatic and consular service).

      (7) Section 620C(c) of the Foreign Assistance Act of 1961 (Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress made toward the conclusion of a negotiated solution to the Cyprus problem).

      (8) Section 533(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 19991 (Public Law 101-513) (relating to international natural resource management initiatives).

      (9) Section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to foreign treatment of United States financial institutions).

      (10) Section 1702 of the International Financial Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) (relating to operating summaries of the multilateral development banks).

      (11) Section 1303(c) of the International Financial Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c)) (relating to international environmental assistance programs).

      (12) Section 1701(a) of the International Financial Institutions Act (Public Law 95-118; 22 U.S.C. 262r) (relating to United States participation in international financial institutions).

      (13) Section 163(a) of the Trade Act of 1974 (Public Law 93-618; 19 U.S.C. 2213) (relating to the trade agreements program and national trade policy agenda).

      (14) Section 8 of the Export-Import Bank Act (Public Law 79-173; 12 U.S.C. 635g) (relating to Export-Import Bank activities).

      (15) Section 407(f) of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 1736a) (relating to Public Law 480 programs and activities).

      (16) Section 239(c) of the Foreign Assistance Act of 1961 (Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC audit report).

      (17) Section 504(i) of the National Endowment for Democracy Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the activities of the National Endowment for Democracy).

      (18) Section 5(b) of the Japan-United States Friendship Act (Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-United States Friendship Commission activities).

SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED AREAS.

    Amounts made available to the Department of State for participation in joint funds under agreements for cooperation in environmental, scientific, cultural and related areas prior to fiscal year 1996 which, pursuant to express terms of such international agreements, were deposited in interest-bearing accounts prior to disbursement may earn interest, and interest accrued to such accounts may be used and retained without return to the Treasury of the United States and without further appropriation by Congress. The Department of State shall take action to ensure the complete and timely disbursement of appropriations and associated interest within joint funds covered by this section and final disposition of such agreements.

SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.

    (a) REPORT TO CONGRESS- Not later than 180 days after the date of enactment of this Act, the Secretary of State shall review extradition treaties and other agreements containing extradition obligations to which the United States is a party (only with regard to those treaties where the United States has diplomatic relations with the treaty partner) and submit a report to the appropriate congressional committees regarding United States extradition policy and practice.

    (b) CONTENTS OF REPORT- The report under subsection (a) shall--

      (1) discuss the factors that contribute to failure of foreign nations to comply fully with their obligations under bilateral extradition treaties with the United States;

      (2) discuss the factors that contribute to nations becoming ‘safe havens’ for individuals fleeing the United States justice system;

      (3) identify those bilateral extradition treaties to which the United States is a party which do not require the extradition of nationals, and the reason such treaties contain such a provision;

      (4) discuss appropriate legislative and diplomatic solutions to existing gaps in United States extradition treaties and practice; and

      (5) discuss current priorities of the United States for negotiation of new extradition treaties and renegotiation of existing treaties, including resource factors relevant to such negotiations.

Subtitle B--Consular Authorities

SEC. 231. MACHINE READABLE VISAS.

    Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--

      (1) in paragraph (3) by amending the first sentence to read as follows: ‘For each of the fiscal years 2000, 2001, and 2002, any amount collected under paragraph (1) that exceeds $316,715,000 for fiscal year 2000, $316,715,000 for fiscal year 2001, and $316,715,000 for fiscal year 2002 may be made available only if a notification is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956.’; and

      (2) by striking paragraphs (4) and (5).

SEC. 232. FEES RELATING TO AFFIDAVITS OF SUPPORT.

    (a) AUTHORITY TO CHARGE FEE- The Secretary of State may charge and retain a fee or surcharge for services provided by the Department of State to any sponsor who provides an affidavit of support under section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure that such affidavit is properly completed before it is forwarded to a consular post for adjudication by a consular officer in connection with the adjudication of an immigrant visa. Such fee or surcharge shall be in addition to and separate from any fee imposed for immigrant visa application processing and issuance, and shall recover only the costs of such services not recovered by such fee.

    (b) LIMITATION- Any fee established under subsection (a) shall be charged only once to a sponsor or joint sponsors who file essentially duplicative affidavits of support in connection with separate immigrant visa applications from the spouse and children of any petitioner required by the Immigration and Nationality Act to petition separately for such persons.

    (c) TREATMENT OF FEES- Fees collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing consular services.

    (d) COMPLIANCE WITH BUDGET ACT- Fees collected under the authority of subsection (a) shall be available only to such extent or in such amounts as are provided in advance in an appropriation Act.

SEC. 233. PASSPORT FEES.

    (a) APPLICATIONS- Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214), is amended--

      (1) in the first sentence--

        (A) by striking ‘each passport issued’ and inserting ‘the filing of each application for a passport (including the cost of passport issuance and use)’; and

        (B) by striking ‘each application for a passport;’ and inserting ‘each such application’; and

      (2) by adding after the first sentence the following new sentence: ‘Such fees shall not be refundable, except as the Secretary may by regulation prescribe.’.

    (b) REPEAL OF OUTDATED PROVISION ON PASSPORT FEES- Section 4 of the Passport Act of June 4, 1920 (22 U.S.C. 216) is repealed.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of issuance of final regulations under section 1 of the Passport Act of June 4, 1920, as amended by subsection (a).

SEC. 234. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.

    (a) REPEAL- Section 1709 of the Revised Statutes (22 U.S.C. 4195) is repealed.

    (b) AMENDMENT TO STATE DEPARTMENT BASIC AUTHORITIES ACT- The State Department Basic Authorities Act of 1956 is amended by inserting after section 43 (22 U.S.C. 2715) the following new sections:

‘SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.

    ‘(a) IN GENERAL- Whenever a United States citizen or national dies abroad, a consular officer shall endeavor to notify, or assist the Secretary of State in notifying, the next of kin or legal guardian as soon as possible, except that, in the case of death of any Peace Corps volunteer (within the meaning of section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), any member of the Armed Forces, any dependent of such a volunteer or member, or any Department of Defense employee, the consular officer shall assist the Peace Corps or the appropriate military authorities, as the case may be, in making such notifications.

    ‘(b) REPORTS OF DEATH OR PRESUMPTIVE DEATH- The consular officer may, for any United States citizen who dies abroad--

      ‘(1) in the case of a finding of death by the appropriate local authorities, issue a report of death or of presumptive death; or

      ‘(2) in the absence of a finding of death by the appropriate local authorities, issue a report of presumptive death.

    ‘(c) IMPLEMENTING REGULATIONS- The Secretary of State shall prescribe such regulations as may be necessary to carry out this section.

‘SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

    ‘(a) CONSERVATION OF ESTATES ABROAD-

      ‘(1) AUTHORITY TO ACT AS CONSERVATOR- Whenever a United States citizen or national dies abroad, a consular officer shall act as the provisional conservator of the portion of the decedent’s estate located abroad and, subject to paragraphs (3), (4), and (5), shall--

        ‘(A) take possession of the personal effects of the decedent within his jurisdiction;

        ‘(B) inventory and appraise the personal effects of the decedent, sign the inventory, and annex thereto a certificate as to the accuracy of the inventory and appraised value of each article;

        ‘(C) when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer’s jurisdiction and pay from the estate the obligations owed by the decedent;

        ‘(D) sell or dispose of, as appropriate, in the exercise of prudent administration, all perishable items of property;

        ‘(E) sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, such additional items of property as necessary to provide funds sufficient to pay the decedent’s debts and property taxes in the country of death, funeral expenses, and other expenses incident to the disposition of the estate;

        ‘(F) upon the expiration of the one-year period beginning on the date of death (or after such additional period as may be required for final settlement of the estate), if no claimant shall have appeared, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, sell or dispose of the residue of the personal estate, except as provided in subparagraph (G), in the same manner as United States Government-owned foreign excess property;

        ‘(G) transmit to the custody of the Secretary of State in Washington, D.C. the proceeds of any sales, together with all financial instruments (including bonds, shares of stock, and notes of indebtedness), jewelry, heirlooms, and other articles of obvious sentimental value, to be held in trust for the legal claimant; and

        ‘(H) in the event that the decedent’s estate includes an interest in real property located within the jurisdiction of the officer and such interest does not devolve by the applicable laws of intestate succession or otherwise, provide for title to the property to be conveyed to the Government of the United States unless the Secretary declines to accept such conveyance.

      ‘(2) AUTHORITY TO ACT AS ADMINISTRATOR- Subject to paragraphs (3) and (4), a consular officer may act as administrator of an estate in exceptional circumstances if expressly authorized to do so by the Secretary of State.

      ‘(3) EXCEPTIONS- The responsibilities described in paragraphs (1) and (2) may not be performed to the extent that the decedent has left or there is otherwise appointed, in the country where the death occurred or where the decedent was domiciled, a legal representative, partner in trade, or trustee appointed to take care of his personal estate. If the decedent’s legal representative shall appear at any time prior to transmission of the estate to the Secretary and demand the proceeds and effects being held by the consular officer, the officer shall deliver them to the representative after having collected any prescribed fee for the services performed under this section.

      ‘(4) ADDITIONAL REQUIREMENT- In addition to being subject to the limitations in paragraph (3), the responsibilities described in paragraphs (1) and (2) may not be performed unless--

        ‘(A) authorized by treaty provisions or permitted by the laws or authorities of the country wherein the death occurs, or the decedent is domiciled; or

        ‘(B) permitted by established usage in that country.

      ‘(5) STATUTORY CONSTRUCTION- Nothing in this section supersedes or otherwise affects the authority of any military commander under title 10 of the United States Code with respect to the person or property of any decedent who died while under a military command or jurisdiction or the authority of the Peace Corps with respect to a Peace Corps volunteer or the volunteer’s property.

    ‘(b) DISPOSITION OF ESTATES BY THE SECRETARY OF STATE-

      ‘(1) PERSONAL ESTATES-

        ‘(A) IN GENERAL- After receipt of a personal estate pursuant to subsection (a), the Secretary may seek payment of all outstanding debts to the estate as they become due, may receive any balances due on such estate, may endorse all checks, bills of exchange, promissory notes, and other instruments of indebtedness payable to the estate for the benefit thereof, and may take such other action as is reasonably necessary for the conservation of the estate.

        ‘(B) DISPOSITION AS SURPLUS UNITED STATES PROPERTY- If, upon the expiration of a period of 5 fiscal years beginning on October 1 after a consular officer takes possession of a personal estate under subsection (a), no legal claimant for such estate has appeared, title to the estate shall be conveyed to the United States, the property in the estate shall be under the custody of the Department of State, and the Secretary shall dispose of the estate in the same manner as surplus United States Government-owned property is disposed or by such means as may be appropriate in light of the nature and value of the property involved. The expenses of sales shall be paid from the estate, and any lawful claim received thereafter shall be payable to the extent of the value of the net proceeds of the estate as a refund from the appropriate Treasury appropriations account.

        ‘(C) TRANSFER OF PROCEEDS- The net cash estate after disposition as provided in subparagraph (B) shall be transferred to the miscellaneous receipts account of the Treasury of the United States.

      ‘(2) REAL PROPERTY-

        ‘(A) DESIGNATION AS EXCESS PROPERTY- In the event that title to real property is conveyed to the Government of the United States pursuant to subsection (a)(1)(H) and is not required by the Department of State, such property shall be considered foreign excess property under title IV of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 511 et seq.).

        ‘(B) TREATMENT AS GIFT- In the event that the Department requires such property, the Secretary of State shall treat such property as if it were an unconditional gift accepted on behalf of the Department of State under section 25 of this Act and section 9(a)(3) of the Foreign Service Buildings Act of 1926.

    ‘(c) LOSSES IN CONNECTION WITH THE CONSERVATION OF ESTATES-

      ‘(1) AUTHORITY TO COMPENSATE- The Secretary is authorized to compensate the estate of any United States citizen who has died overseas for property--

        ‘(A) the conservation of which has been undertaken under section 43 or subsection (a) of this section; and

        ‘(B) that has been lost, stolen, or destroyed while in the custody of officers or employees of the Department of State.

      ‘(2) LIABILITY-

        ‘(A) EXCLUSION OF PERSONAL LIABILITY AFTER PROVISION OF COMPENSATION- Any such compensation shall be in lieu of personal liability of officers or employees of the Department of State.

        ‘(B) LIABILITY TO THE DEPARTMENT- An officer or employee of the Department of State may be liable to the Department of State to the extent of any compensation provided under paragraph (1).

        ‘(C) DETERMINATIONS OF LIABILITY- The liability of any officer or employee of the Department of State to the Department for any payment made under subsection (a) shall be determined pursuant to the Department’s procedures for determining accountability for United States Government property.

    ‘(d) REGULATIONS- The Secretary of State may prescribe such regulations as may be necessary to carry out this section.’.

    (c) EFFECTIVE DATE- The repeal and amendment made by this section shall take effect six months after the date of enactment of this Act.

SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.

    Section 43 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2715) is amended--

      (1) by inserting ‘(a) AUTHORITY- ’ before ‘In’;

      (2) by striking ‘disposition of personal effects.’ in the last sentence and inserting ‘disposition of personal estates pursuant to section 43B of this Act.’; and

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

    ‘(b) DEFINITIONS- For purposes of this section and sections 43A and 43B, the term ‘consular officer’ includes any United States citizen employee of the Department of State who is designated by the Secretary of State to perform consular services pursuant to such regulations as the Secretary may prescribe.’.

SEC. 236. ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.

    (a) IN GENERAL-

      (1) REGULATIONS- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall issue regulations providing that before a child under the age of 14 years is issued a passport the requirements under paragraph (2) shall apply under penalty of perjury.

      (2) REQUIREMENTS-

        (A) Both parents, or the child’s legal guardian, must execute the application and provide documentary evidence demonstrating that they are the parents or guardian; or

        (B) the person executing the application must provide documentary evidence that such person--

          (i) has sole custody of the child;

          (ii) has the consent of the other parent to the issuance of the passport; or

          (iii) is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child’s legal guardian, to the issuance of the passport.

    (b) EXCEPTIONS- The regulations required by subsection (a) may provide for exceptions in exigent circumstances, such as those involving the health or welfare of the child, or when the Secretary determines that issuance of a passport is warranted by special family circumstances.

SEC. 237. PROCESSING OF VISA APPLICATIONS.

    (a) POLICY- It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K-1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the Department of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service.

    (b) REPORTS- Not later than 180 days after the date of enactment of this Act, and not later than 1 year thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the extent to which the Department of State is meeting the policy standards under subsection (a). Each report shall be based on a survey of the 22 consular posts which account for approximately 72 percent of immigrant visas issued and, in addition, the consular posts in Guatemala City, Nicosia, Caracas, Naples, and Jakarta. Each report should include data on the average time for processing each category of visa application under subsection (a), a list of the embassies and consular posts which do not meet the policy standards under subsection (a), the amount of funds collected worldwide for processing of visa applications during the most recent fiscal year, the estimated costs of processing such visa applications (based on the Department of State’s most recent fee study), the steps being taken by the Department of State to achieve such policy standards, and results achieved by the interagency working group charged with the goal of reducing the overall processing time for visa applications.

SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON INDIVIDUALS IN ARREARS ON CHILD SUPPORT.

    (a) REPORT TO CONGRESS- Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate on the feasibility of decreasing the amount of an individual’s arrearages of child support that would require the Secretary of State to refuse to issue a passport to such individual, or otherwise act with respect to such an individual, as provided under section 452(k) of the Social Security Act (42 U.S.C. 652(k)).

    (b) CONTENTS OF REPORT- The report under subsection (a) shall include the following:

      (1) The estimated cost to the Department of State of reducing the arrearage amount which would result in a refusal to issue a passport to $2,500 and, in addition, an amount between $5,000 and $2,500.

      (2) A projection of the estimated benefits of reducing the amount to $2,500 (or an amount between $5,000 and $2,500), which shall include an estimate of the additional numbers of individuals who would be subject to denial, an estimate of the additional child support arrearages that would be received through such a reduction, and an estimate of the amount of child support that would be paid earlier than under current law (together with an estimate of how much earlier such amounts would be paid).

      (3) Information regarding the number of individuals with child support arrearages over $2,500 and the average length of time it takes for individuals to reach $2,500 in arrearages.

      (4) The methodology for the cost estimates and benefit projections described in paragraphs (1) and (2).

Subtitle C--Refugees

SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES.

    (a) IN GENERAL- None of the funds made available by this Act or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification.

    (b) MIGRATION AND REFUGEE ASSISTANCE- None of the funds made available by this Act or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committees as soon as practicable.

    (c) INVOLUNTARY RETURN DEFINED- As used in this section, the term ‘to effect the involuntary return’ means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person’s will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.

SEC. 252. HUMAN RIGHTS REPORTS.

    Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the fourth sentence the following: ‘Each report under this section shall describe the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement.’.

SEC. 253. GUIDELINES FOR REFUGEE PROCESSING POSTS.

    (a) GUIDELINES FOR ADDRESSING HOSTILE BIASES- Section 602(c)(1) of the International Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2812) is amended by inserting ‘and of the Department of State’ after ‘Service’.

    (b) GUIDELINES FOR OVERSEAS REFUGEE PROCESSING- Section 602(c) of such Act is further amended by adding at the end the following new paragraph:

      ‘(3) Not later than 120 days after the date of the enactment of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, the Secretary of State (after consultation with the Attorney General) shall issue guidelines to ensure that persons with potential biases against any refugee applicant, including persons employed by, or otherwise subject to influence by, governments known to be involved in persecution on account of religion, race, nationality, membership in a particular social group, or political opinion, shall not in any way be used in processing determinations of refugee status, including interpretation of conversations or examination of documents presented by such applicants.’.

SEC. 254. GENDER-RELATED PERSECUTION TASK FORCE.

    (a) ESTABLISHMENT OF TASK FORCE- The Secretary of State, in consultation with the Attorney General and other appropriate Federal agencies, shall establish a task force with the goal of determining eligibility guidelines for women seeking refugee status overseas due to gender-related persecution.

    (b) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report outlining the guidelines determined by the task force under subsection (a).

SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.

    (a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROCESSING IN VIETNAM- For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2000 and 2001, an alien described in subsection (b) or (d) shall be considered to be a refugee of special humanitarian concern to the United States (within the meaning of section 207 of the Immigration and Nationality Act (8 USC 1157)) and shall be admitted to the United States for resettlement if the alien would be admissible as an immigrant under the Immigration and Nationality Act (except as provided in section 207(c)(3) of that Act).

    (b) ALIENS COVERED- An alien described in this subsection is an alien who--

      (1) is the son or daughter of a qualified national;

      (2) is 21 years of age or older; and

      (3) was unmarried as of the date of acceptance of the alien’s parent for resettlement under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City.

    (c) QUALIFIED NATIONAL- The term ‘qualified national’ in subsection (b)(1) means a national of Vietnam who--

      (1)(A) was formerly interned in a re-education camp in Vietnam by the Government of the Socialist Republic of Vietnam; or

      (B) is the widow or widower of an individual described in subparagraph (A);

      (2)(A) qualified for refugee processing under the Orderly Departure Program re-education subprogram; and

      (B) except as provided in subsection (d), on or after April 1, 1995, is or has been accepted under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City--

        (i) for resettlement as a refugee; or

        (ii) for admission to the United States as an immediate relative immigrant; and

      (3)(A) is presently maintaining a residence in the United States; or

      (B) was approved for refugee resettlement or immigrant visa processing and is awaiting departure formalities from Vietnam.

    (d) PREVIOUS DENIALS BASED ON LACK OF CO-RESIDENCY- An alien who is otherwise qualified under subsection (b) is eligible for admission for resettlement regardless of the date of acceptance of the alien’s parent if the alien previously was denied refugee resettlement based solely on the fact that the alien was not listed continuously on the parent’s residence permit.

TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

Subtitle A--Organization Matters

SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE.

    (a) DEVELOPMENT OF ASSESSMENT- The Secretary of State shall assess the administrative and personnel requirements for the establishment of legislative liaison offices for the Department of State within the office buildings of the House of Representatives and the Senate. In undertaking the assessment, the Secretary should examine existing liaison offices of other executive departments that are located in the congressional office buildings, including the liaison offices of the military services.

    (b) ASSESSMENT CONSIDERATIONS- The assessment required by subsection (a) shall consider--

      (1) space requirements;

      (2) cost implications;

      (3) personnel structure; and

      (4) the feasibility of modifying the Pearson Fellowship program in order to have members of the Foreign Service who serve in such fellowships serve a second year in a legislative liaison office.

    (c) TRANSMITTAL OF ASSESSMENT- Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on International Relations and the Committee on House Administration of the House of Representatives and the Committee on Foreign Relations and the Committee on Rules and Administration of the Senate the assessment developed under subsection (a).

SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

    The Secretary of State shall designate a senior-level official of the Department of State with responsibility for promoting regional cooperation in and coordinating United States policy toward Northeastern Europe.

SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE.

    (a) DESIGNATION- The Secretary of State shall designate a senior-level official of the Department of State as the Science and Technology Adviser to the Secretary of State (in this section referred to as the ‘Adviser’). The Adviser shall have substantial experience in the area of science and technology. The Adviser shall report to the Secretary of State through the appropriate Under Secretary of State.

    (b) DUTIES- The Adviser shall--

      (1) advise the Secretary of State, through the appropriate Under Secretary of State, on international science and technology matters affecting the foreign policy of the United States; and

      (2) perform such duties, exercise such powers, and have such rank and status as the Secretary of State shall prescribe.

SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS.

    Section 1333(c) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended--

      (1) after ‘diplomacy programs’ by inserting ‘, identified as public diplomacy funds in any Congressional Presentation Document described in subsection (e), or reprogrammed for public diplomacy purposes,’;

      (2) by striking ‘Except’ and inserting ‘(1) Except’; and

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

    ‘(2) CONSTRUCTION- Nothing in paragraph (1) may be construed (A) to interfere with the integration of administrative resources between public diplomacy and other functions of the Department of State or to prevent the occasional performance of functions other than public diplomacy by officials or employees of the Department of State who are primarily assigned to public diplomacy, provided there is no substantial resulting diminution in the amount of resources devoted to public diplomacy below the amounts described in paragraph (1), or (B) to supersede reprogramming procedures.’.

SEC. 305. REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.

    (a) ADDITIONAL RESOURCES- In addition to other amounts authorized to be appropriated for the purposes of the Diplomatic Telecommunications Service Program Office (DTS-PO), of the amounts made available to the Department of State under section 101(2), $18,000,000 shall be made available only to the DTS-PO for enhancement of Diplomatic Telecommunications Service capabilities.

    (b) IMPROVEMENT OF DTS-PO- In order for the DTS-PO to better manage a fully integrated telecommunications network to service all agencies at diplomatic missions and consular posts, the DTS-PO shall--

      (1) ensure that those enhancements of, and the provision of service for, telecommunication capabilities that involve the national security interests of the United States receive the highest prioritization;

      (2) not later than December 31, 1999, terminate all leases for satellite systems located at posts in criteria countries, unless all maintenance and servicing of the satellite system is undertaken by United States citizens who have received appropriate security clearances;

      (3) institute a system of charges for utilization of bandwidth by each agency beginning October 1, 2000, and institute a comprehensive chargeback system to recover all, or substantially all, of the other costs of telecommunications services provided through the Diplomatic Telecommunications Service to each agency beginning October 1, 2001;

      (4) ensure that all DTS-PO policies and procedures comply with applicable policies established by the Overseas Security Policy Board; and

      (5) maintain the allocation of the positions of Director and Deputy Director of DTS-PO as those positions were assigned as of June 1, 1999, which assignments shall pertain through fiscal year 2001, at which time such assignments shall be adjusted in the customary manner.

    (c) REPORT ON IMPROVING MANAGEMENT- Not later than March 31, 2000, the Director and Deputy Director of DTS-PO shall jointly submit to the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate the Director’s plan for improving network architecture, engineering, operations monitoring and control, service metrics reporting, and service provisioning, so as to achieve highly secure, reliable, and robust communications capabilities that meet the needs of both national security agencies and other United States agencies with overseas personnel.

    (d) FUNDING OF DTS-PO- Funds appropriated for allocation to DTS-PO shall be made available only for DTS-PO until a comprehensive chargeback system is in place.

    (e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term ‘appropriate committees of Congress’ means the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Subtitle B--Personnel of the Department of State

SEC. 321. AWARD OF FOREIGN SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is amended by inserting after section 36 (22 U.S.C. 2708) the following new section:

‘SEC. 36A. AWARD OF FOREIGN SERVICE STAR.

    ‘(a) AUTHORITY TO AWARD- The President, upon the recommendation of the Secretary, may award a Foreign Service star to any member of the Foreign Service or any other civilian employee of the Government of the United States who, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not the wound, other injury, or illness resulted in death)--

      ‘(1) as the person was performing official duties;

      ‘(2) as the person was on the premises of a United States mission abroad; or

      ‘(3) by reason of the person’s status as a United States Government employee.

    ‘(b) SELECTION CRITERIA- The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of a Foreign Service star and for selecting the persons to be recommended for the award.

    ‘(c) AWARD IN THE EVENT OF DEATH- If a person selected for award of a Foreign Service star dies before being presented the award, the award may be made and the star presented to the person’s family or to the person’s representative, as designated by the President.

    ‘(d) FORM OF AWARD- The Secretary shall prescribe the design of the Foreign Service star. The award may not include a stipend or any other cash payment.

    ‘(e) FUNDING- Any expenses incurred in awarding a person a Foreign Service star may be paid out of appropriations available at the time of the award for personnel of the department or agency of the United States Government in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based.’.

SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.

    Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3968(a)(1)) is amended in the last sentence--

      (1) by striking ‘(A)’ and all that follows through ‘(B)’; and

      (2) by striking ‘this total compensation package’ and inserting ‘the total compensation package’.

SEC. 323. LIMITATION ON PERCENTAGE OF SENIOR FOREIGN SERVICE ELIGIBLE FOR PERFORMANCE PAY.

    Section 405(b)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(1)) is amended by striking ‘50’ and inserting ‘33’.

SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.

    The Director General of the Foreign Service shall submit a report on the first day of each fiscal quarter to the appropriate congressional committees containing the following:

      (1) The number of members of the Senior Foreign Service.

      (2) The number of vacant positions designated for members of the Senior Foreign Service.

      (3) The number of members of the Senior Foreign Service who are not assigned to positions.

SEC. 325. REPORT ON MANAGEMENT TRAINING.

    Not later than April 1, 2000, the Department of State shall report to the appropriate congressional committees on the feasibility of modifying current training programs and curricula so that the Department can provide significant and comprehensive management training at all career grades for Foreign Service personnel.

SEC. 326. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL AGENCIES.

    Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)) is amended by striking paragraph (4) and inserting the following:

    ‘(4) Not later than March 1, 2001, and every four years thereafter, the Secretary of State shall submit a report to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate which shall include the following:

      ‘(A) A description of the steps taken and planned in furtherance of--

        ‘(i) maximum compatibility among agencies utilizing the Foreign Service personnel system, as provided for in section 203, and

        ‘(ii) the development of uniform policies and procedures and consolidated personnel functions, as provided for in section 204.

      ‘(B) A workforce plan for the subsequent five years, including projected personnel needs, by grade and by skill. Each such plan shall include for each category the needs for foreign language proficiency, geographic and functional expertise, and specialist technical skills. Each workforce plan shall specifically account for the training needs of Foreign Service personnel and shall delineate an intake program of generalist and specialist Foreign Service personnel to meet projected future requirements.

    ‘(5) If there are substantial modifications to any workforce plan under paragraph (4)(B) during any year in which a report under paragraph (4) is not required, a supplemental annual notification shall be submitted in the same manner as reports are required to be submitted under paragraph (4).’.

SEC. 327. RECORDS OF DISCIPLINARY ACTIONS.

    (a) IN GENERAL- Section 604 of the Foreign Service Act of 1980 (22 U.S.C. 4004) is amended--

      (1) by striking ‘CONFIDENTIALITY OF RECORDS- ’ and inserting ‘RECORDS- (a)’; and

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

    ‘(b) Notwithstanding subsection (a), any record of disciplinary action that includes a suspension of more than five days taken against a member of the Service, including any correction of that record under section 1107(b)(1), shall remain a part of the personnel records until the member is tenured as a career member of the Service or next promoted.’.

    (b) EFFECTIVE DATE- The amendments made by this section apply to all disciplinary actions initiated on or after the date of enactment of this Act.

SEC. 328. LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN SERVICE RECOMMENDED FOR SEPARATION FOR CAUSE.

    Section 610(a) of the Foreign Service Act (22 U.S.C. 4010(a)) is amended by adding at the end the following new paragraph:

    ‘(6) Notwithstanding the hearing required by paragraph (2), at the time the Secretary recommends that a member of the Service be separated for cause, that member shall be placed on leave without pay pending final resolution of the underlying matter, subject to reinstatement with back pay if cause for separation is not established in a hearing before the Board.’.

SEC. 329. TREATMENT OF GRIEVANCE RECORDS.

    Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4133(d)(1)) is amended by adding the following new sentence at the end: ‘Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant’s personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline.’.

SEC. 330. DEADLINES FOR FILING GRIEVANCES.

    (a) IN GENERAL- Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C. 4134(a)) is amended in the first sentence by striking ‘within a period of 3 years’ and all that follows through the period and inserting ‘not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case less than two years after the occurrence giving rise to the grievance.’.

    (b) GRIEVANCES ALLEGING DISCRIMINATION- Section 1104 of that Act (22 U.S.C. 4134) is amended in subsection (c) by striking ‘3 years’ and inserting ‘2 years’.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect 180 days after the date of enactment of this Act and shall apply to grievances which arise on or after such effective date.

SEC. 331. REPORTS BY THE FOREIGN SERVICE GRIEVANCE BOARD.

    Section 1105 of the Foreign Service Act of 1980 (22 U.S.C. 4135) is amended by adding at the end the following new subsection:

    ‘(f)(1) Not later than March 1 of each year, the Chairman of the Foreign Service Grievance Board shall prepare a report summarizing the activities of the Board during the previous calendar year. The report shall include--

      ‘(A) the number of cases filed;

      ‘(B) the types of cases filed;

      ‘(C) the number of cases on which a final decision was reached, as well as data on the outcome of cases, whether affirmed, reversed, settled, withdrawn, or dismissed;

      ‘(D) the number of oral hearings conducted and the length of each such hearing;

      ‘(E) the number of instances in which interim relief was granted by the Board; and

      ‘(F) data on the average time for consideration of a grievance, from the time of filing to a decision of the Board.

    ‘(2) The report required under paragraph (1) shall be submitted to the Director General of the Foreign Service and the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.’.

SEC. 332. EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL SYSTEM.

    Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C. 3922(a)) is amended by adding at the end the following new paragraph:

      ‘(4)(A) Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under section 303 individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secretary of State may prescribe.

      ‘(B) The individuals referred to in subparagraph (A) are individuals eligible for employment abroad under section 311(a).’.

SEC. 333. BORDER EQUALIZATION PAY ADJUSTMENT.

    (a) IN GENERAL- Chapter 4 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following new section:

‘SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.

    ‘(a) IN GENERAL- An employee who regularly commutes from the employee’s place of residence in the continental United States to an official duty station in Canada or Mexico shall receive a border equalization pay adjustment equal to the amount of comparability payments under section 5304 of title 5, United States Code, that the employee would receive if the employee were assigned to an official duty station within the United States locality pay area closest to the employee’s official duty station.

    ‘(b) EMPLOYEE DEFINED- For purposes of this section, the term ‘employee’ means a person who--

      ‘(1) is an ‘employee’ as defined under section 2105 of title 5, United States Code; and

      ‘(2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in section 103).

    ‘(c) TREATMENT AS BASIC PAY- An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which comparability payments are considered to be part of basic pay under section 5304 of title 5, United States Code.

    ‘(d) REGULATIONS- The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.’.

    (b) CONFORMING AMENDMENT- The table of contents for the Foreign Service Act of 1980 is amended by inserting after the item relating to section 413 the following new item:

      ‘Sec. 414. Border equalization pay adjustment.’.

SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH INTERNATIONAL ORGANIZATIONS.

    (a) IN GENERAL- Title 5 of the United States Code is amended by inserting after section 8432b the following new section:

‘Sec. 8432c. Contributions of certain persons reemployed after service with international organizations

    ‘(a) In this section, the term ‘covered person’ means any person who--

      ‘(1) transfers from a position of employment covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 to a position of employment with an international organization pursuant to section 3582;

      ‘(2) pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system’s fund; and

      ‘(3) is reemployed pursuant to section 3582(b) to a position covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 after separation from the international organization.

    ‘(b)(1) Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).

    ‘(2) The maximum amount which a covered person may contribute under paragraph (1) is equal to--

      ‘(A) the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)), minus

      ‘(B) the total amount of all contributions, if any, under section 8351(b)(2) or 8432(a), as applicable, actually made by the person over the period described in subparagraph (A).

    ‘(3) Contributions under paragraph (1)--

      ‘(A) shall be made at the same time and in the same manner as would any contributions under section 8351(b)(2) or 8432(a), as applicable;

      ‘(B) shall be made over the period of time specified by the person under paragraph (4)(B); and

      ‘(C) shall be in addition to any contributions actually being made by the person during that period under section 8351(b)(2) or 8432(a), as applicable.

    ‘(4) The Executive Director shall prescribe the time, form, and manner in which a covered person may specify--

      ‘(A) the total amount the person wishes to contribute with respect to any period described in paragraph (2)(A); and

      ‘(B) the period of time over which the covered person wishes to make contributions under this subsection.

    ‘(c) If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person’s behalf in the same manner as contributions are made for an employee described in section 8432b(a) under sections 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).

    ‘(d) For purposes of any computation under this section, a covered person shall, with respect to the period described in subsection (b)(2)(A), be considered to have been paid at the rate which would have been payable over such period had the person remained continuously employed in the position that the person last held before transferring to the international organization.

    ‘(e) For purposes of section 8432(g), a covered person shall be credited with a period of civilian service equal to the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)).

    ‘(f) The Executive Director shall prescribe regulations to carry out this section.’.

    (b) CONFORMING AMENDMENT- The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8432b the following:

      ‘8432c. Contributions of certain persons reemployed after service with international organizations.’.

    (c) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to persons reemployed on or after the date of enactment of this Act.

SEC. 335. TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE PERSONNEL.

    Section 5922 of title 5, United States Code, is amended by adding at the end the following:

    ‘(f)(1) If an employee dies at post in a foreign area, a transfer allowance under section 5924(2)(B) may be granted to the spouse or dependents of such employee (or both) for the purpose of providing for their return to the United States.

    ‘(2) A transfer allowance under this subsection may not be granted with respect to the spouse or a dependent of the employee unless, at the time of death, such spouse or dependent was residing--

      ‘(A) at the employee’s post of assignment; or

      ‘(B) at a place, outside the United States, for which a separate maintenance allowance was being furnished under section 5924(3).

    ‘(3) The President may prescribe any regulations necessary to carry out this subsection.’.

SEC. 336. PARENTAL CHOICE IN EDUCATION.

    Section 5924(4) of title 5, United States Code, is amended--

      (1) in subparagraph (A), by striking ‘between that post and the nearest locality where adequate schools are available,’ and inserting ‘between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available,’; and

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

        ‘(C) In those cases in which an adequate school is available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.’.

SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

    Section 5927 of title 5, United States Code, is amended to read as follows:

‘Sec. 5927. Advances of pay

    ‘(a) Up to three months’ pay may be paid in advance--

      ‘(1) to an employee upon the assignment of the employee to a post in a foreign area;

      ‘(2) to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who--

        ‘(A) is a citizen of the United States;

        ‘(B) is officially stationed or located outside the United States pursuant to Government authorization; and

        ‘(C) requires (or has a family member who requires) medical treatment outside the United States, in circumstances specified by the President in regulations; and

      ‘(3) to a foreign national employee appointed under section 303 of the Foreign Service Act of 1980, or a nonfamily member United States citizen appointed under such section 303 (and employed under section 311 of such Act) for service at such nonfamily member’s post of residence, who--

        ‘(A) is located outside the country of employment of such foreign national employee or nonfamily member (as the case may be) pursuant to Government authorization; and

        ‘(B) requires medical treatment outside the country of employment of such foreign national employee or nonfamily member (as the case may be), in circumstances specified by the President in regulations.

    ‘(b) For the purpose of this section, the term ‘country of employment’, as used with respect to an individual under subsection (a)(3), means the country (or other area) outside the United States where such individual is appointed (as described in subsection (a)(3)) by the Government.’.

SEC. 338. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE AND TECHNICAL PERSONNEL.

    (a) FINDINGS- Congress finds that administrative and technical personnel posted to United States missions abroad who do not have diplomatic status suffer financial disadvantages from their lack of such status.

    (b) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of State should submit a report to the appropriate congressional committees concerning the extent to which administrative and technical personnel posted to United States missions abroad who do not have diplomatic status suffer financial disadvantages from their lack of such status, including proposals to alleviate such disadvantages.

SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL INVESTIGATIONS.

    (a) AMENDMENT OF THE FOREIGN SERVICE ACT of 1980- Section 209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the following:

      ‘(5) INVESTIGATIONS-

        ‘(A) CONDUCT OF INVESTIGATIONS- In conducting investigations of potential violations of Federal criminal law or Federal regulations, the Inspector General shall--

          ‘(i) abide by professional standards applicable to Federal law enforcement agencies; and

          ‘(ii) make every reasonable effort to permit each subject of an investigation an opportunity to provide exculpatory information.

        ‘(B) FINAL REPORTS OF INVESTIGATIONS- In order to ensure that final reports of investigations are thorough and accurate, the Inspector General shall--

          ‘(i) make every reasonable effort to ensure that any person named in a final report of investigation has been afforded an opportunity to refute any allegation of wrongdoing or assertion with respect to a material fact made regarding that person’s actions;

          ‘(ii) include in every final report of investigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the investigation.’.

    (b) ANNUAL REPORT- Section 209(d)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3929(d)(2)) is amended--

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

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

      (3) by inserting after subparagraph (E) the following new subparagraph:

        ‘(F) a notification, which may be included, if necessary, in the classified portion of the report, of any instance in a case that was closed during the period covered by the report when the Inspector General decided not to afford an individual the opportunity described in subsection (c)(5)(B)(i) to refute any allegation and the rationale for denying such individual that opportunity.’.

    (c) STATUTORY CONSTRUCTION- Nothing in the amendments made by this section may be construed to modify--

      (1) section 209(d)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3929(d)(4));

      (2) section 7(b) of the Inspector General Act of 1978 (5 U.S.C. app.);

      (3) the Privacy Act of 1974 (5 U.S.C. 552a);

      (4) the provisions of section 2302(b)(8) of title 5 (relating to whistleblower protection);

      (5) rule 6(e) of the Federal Rules of Criminal Procedure (relating to the protection of grand jury information); or

      (6) any statute or executive order pertaining to the protection of classified information.

    (d) NO GRIEVANCE OR RIGHT OF ACTION- A failure to comply with the amendments made by this section shall not give rise to any private right of action in any court or to an administrative complaint or grievance under any law.

    (e) EFFECTIVE DATE- The amendments made by this section shall apply to cases opened on or after the date of the enactment of this Act.

SEC. 340. STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS OVERSEAS.

    Not later than 180 days after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees on the benefits and compensation paid to the survivors and personal representatives of the United States Government employees (including those in the uniformed services and Foreign Service National employees) killed in the performance of duty abroad as result of terrorist acts. All appropriate United States Government agencies shall contribute to the preparation of the report. The report shall include a comparison of benefits available to military and civilian employees and should include any recommendations for additional or other types of benefits or compensation.

SEC. 341. PRESERVATION OF DIVERSITY IN REORGANIZATION.

    Section 1613(c) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by inserting after the first sentence the following: ‘In carrying out the reorganization under this Act, the Secretary shall ensure that the advances made in increasing the number and status of women and minorities within the foreign affairs agencies of the Federal Government, in terms of representation within the agencies as well as relative rank, are not undermined by discrimination within the newly reorganized Department of State.’.

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

Subtitle A--Authorities and Activities

SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.

    (a) DESIGNATION OF NGAWANG CHOEPHEL EXCHANGE PROGRAMS- Section 103(a) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319) is amended by inserting after the first sentence the following: ‘Exchange programs under this subsection shall be known as the ‘Ngawang Choephel Exchange Programs’.’.

    (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE- Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended by striking ‘for the fiscal year 1999’ and inserting ‘for the fiscal year 2000’.

    (c) SCHOLARSHIPS FOR PRESERVATION OF TIBET’S CULTURE, LANGUAGE, AND RELIGION- Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151 note) is further amended by striking ‘Tibet,’ and inserting ‘Tibet (whenever practical giving consideration to individuals who are active in the preservation of Tibet’s culture, language, and religion),’.

SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    Section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2452 note) is amended to read as follows:

‘SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    ‘(a) IN GENERAL- In carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy, the Secretary of State, with the assistance of the Under Secretary of State for Public Diplomacy, shall provide, where appropriate, opportunities for significant participation in such programs to nationals of such countries who are--

      ‘(1) human rights or democracy leaders of such countries; or

      ‘(2) committed to advancing human rights and democratic values in such countries.

    ‘(b) GRANTEE ORGANIZATIONS- To the extent practicable, grantee organizations selected to operate programs described in subsection (a) shall be selected through an open competitive process. Among the factors that should be considered in the selection of such a grantee are the willingness and ability of the organization to--

      ‘(1) recruit a broad range of participants, including those described in paragraphs (1) and (2) of subsection (a); and

      ‘(2) ensure that the governments of the countries described in subsection (a) do not have inappropriate influence in the selection process.’.

SEC. 403. NATIONAL SECURITY MEASURES.

    The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended by adding after section 1011 the following new section:

‘SEC. 1012. NATIONAL SECURITY MEASURES.

    ‘(a) RESTRICTION- In coordination with other appropriate executive branch officials, the Secretary of State shall take all appropriate steps to--

      ‘(1) prevent any agent of a foreign power from participating in educational and cultural exchange programs under this Act;

      ‘(2) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of missiles or weapons of mass destruction is a participant in any program of educational or cultural exchange under this Act if such person is employed by, or attached to, an entity within a country that has been identified by any element of the United States intelligence community (as defined by section 3(4) of the National Security Act of 1947) within the previous 5 years as having been involved in the proliferation of missiles or weapons of mass destruction; and

      ‘(3) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of chemical or biological weapons for offensive purposes is a participant in any program of educational or cultural exchange under this Act.

    ‘(b) DEFINITIONS-

      ‘(1) The term ‘appropriate executive branch officials’ means officials from the elements of the United States Government listed pursuant to section 101 of the Intelligence Authorization Act for Fiscal Year 1999 (Public Law 105-272).

      ‘(2) The term ‘agent of a foreign power’ has the same meaning as set forth in section 101(b)(1)(B) and (b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), and does not include any person who acts in the capacity defined under section 101(b)(1)(A) of such Act.

SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    (a) RESTORATION OF ADVISORY COMMISSION- Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended to read as follows:

‘SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    ‘The United States Advisory Commission on Public Diplomacy, established under section 604 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of Reorganization Plan Numbered 2 of 1977, shall continue to exist and operate under such provisions of law until October 1, 2001.’.

    (b) RETROACTIVITY OF EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in the enactment of the Foreign Affairs Reform and Restructuring Act of 1998.

    (c) REENACTMENT AND REPEAL OF CERTAIN PROVISIONS OF LAW-

      (1) REENACTMENT- The provisions of law repealed by section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998, as in effect before the date of the enactment of this Act, are hereby reenacted into law.

      (2) REPEAL- Effective September 30, 2001, section 604 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan Numbered 2 of 1977 are repealed.

    (d) CONTINUITY OF ADVISORY COMMISSION- Notwithstanding any other provision of law, any period of discontinuity of the United States Advisory Commission on Public Diplomacy shall not affect the appointment or terms of service of members of the commission.

    (e) REDUCTION IN STAFF AND BUDGET- Notwithstanding section 604(b) of the United States Information and Educational Exchange Act of 1948, effective on the date of the enactment of this Act, the United States Advisory Commission on Public Diplomacy shall have not more than 2 individuals who are compensated staff, and not more than 50 percent of the resources allocated in fiscal year 1999.

SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING.

    (a) TRAINING FOR THE ROYAL ULSTER CONSTABULARY- No funds authorized to be appropriated by this or any other Act may be used to support any training or exchange program conducted by the Federal Bureau of Investigation or any other Federal law enforcement agency for the Royal Ulster Constabulary (in this section referred to as the ‘RUC’) or RUC members until the President submits to the appropriate congressional committees the report required by subsection (b) and the certification described in subsection (c)(1).

    (b) REPORT ON PAST TRAINING PROGRAMS- The President shall report on training or exchange programs conducted by the Federal Bureau of Investigation or other Federal law enforcement agencies for the RUC or RUC members during fiscal years 1994 through 1999. Such report shall include--

      (1) the number of training or exchange programs conducted during the period of the report;

      (2) the number and rank of the RUC members who participated in such training or exchange programs in each fiscal year;

      (3) the duration and location of such training or exchange programs; and

      (4) a detailed description of the curriculum of the training or exchange programs.

    (c) CERTIFICATION REGARDING FUTURE TRAINING ACTIVITIES-

      (1) IN GENERAL- The certification described in this subsection is a certification by the President that--

        (A) training or exchange programs conducted by the Federal Bureau of Investigation or other Federal law enforcement agencies for the RUC or RUC members are necessary to--

          (i) improve the professionalism of policing in Northern Ireland; and

          (ii) advance the peace process in Northern Ireland;

        (B) such programs will include in the curriculum a significant human rights component;

        (C) vetting procedures have been established in the Departments of State and Justice, and any other appropriate Federal agency, to ensure that training or exchange programs do not include RUC members who there are substantial grounds for believing have committed or condoned violations of internationally recognized human rights, including any role in the murder of Patrick Finucane or Rosemary Nelson or other violence or serious threat of violence against defense attorneys in Northern Ireland; and

        (D) the governments of the United Kingdom and the Republic of Ireland are committed to assisting in the full implementation of the recommendations contained in the Patten Commission report issued September 9, 1999.

      (2) FISCAL YEAR 2001 APPLICATION- The President shall make an additional certification under paragraph (1) before any Federal law enforcement agency conducts training for the RUC or RUC members in fiscal year 2001.

      (3) APPLICATION TO SUCCESSOR ORGANIZATIONS- The provisions of this subsection shall apply to any successor organization of the RUC.

Subtitle B--Russian and Ukrainian Business Management Education

SEC. 421. PURPOSE.

    The purpose of this subtitle is to establish a training program in Russia and Ukraine for nationals of those countries to obtain skills in business administration, accounting, and marketing, with special emphasis on instruction in business ethics and in the basic terminology, techniques, and practices of those disciplines, to achieve international standards of quality, transparency, and competitiveness.

SEC. 422. DEFINITIONS.

    In this subtitle:

      (1) DISTANCE LEARNING- The term ‘distance learning’ means training through computers, interactive videos, teleconferencing, and videoconferencing between and among students and teachers.

      (2) ELIGIBLE ENTERPRISE- The term ‘eligible enterprise’ means--

        (A) in the case of Russia--

          (i) a business concern operating in Russia that employs Russian nationals in Russia; or

          (ii) a private enterprise that is being formed or operated by former officers of the Russian armed forces in Russia; and

        (B) in the case of Ukraine--

          (i) a business concern operating in Ukraine that employs Ukrainian nationals in Ukraine; or

          (ii) a private enterprise that is being formed or operated by former officers of the Ukrainian armed forces in Ukraine.

      (3) ELIGIBLE NATIONAL- The term ‘eligible national’ means the employee of an eligible enterprise who is employed in the program country.

      (4) PROGRAM- The term ‘program’ means the program of technical assistance established under section 423.

      (5) PROGRAM COUNTRY- The term ‘program country’ means--

        (A) Russia in the case of any eligible enterprise operating in Russia that receives technical assistance under the program; or

        (B) Ukraine in the case of any eligible enterprise operating in Ukraine that receives technical assistance under the program.

SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

    (a) TRAINING PROGRAM-

      (1) IN GENERAL- The President is authorized to establish a program of technical assistance to provide the training described in section 421 to eligible enterprises.

      (2) IMPLEMENTATION- Training shall be carried out by United States nationals having expertise in business administration, accounting, and marketing or by eligible nationals who have been trained under the program. Such training may be carried out--

        (A) in the offices of eligible enterprises, at business schools or institutes, or at other locations in the program country, including facilities of the armed forces of the program country, educational institutions, or in the offices of trade or industry associations, with special consideration given to locations where similar training opportunities are limited or nonexistent; or

        (B) by ‘distance learning’ programs originating in the United States or in European branches of United States institutions.

    (b) INTERNSHIPS WITH UNITED STATES DOMESTIC BUSINESS CONCERNS- Authorized program costs may include the travel expenses and appropriate in-country business English language training, if needed, of eligible nationals who have completed training under the program to undertake short-term internships with business concerns in the United States.

SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.

    (a) PROCEDURES-

      (1) IN GENERAL- Each eligible enterprise that desires to receive training for its employees and managers under this subtitle shall submit an application to the clearinghouse under subsection (c), at such time, in such manner, and accompanied by such additional information as may reasonably be required.

      (2) JOINT APPLICATIONS- A consortium of eligible enterprises may file a joint application under the provisions of paragraph (1).

    (b) CONTENTS- An application under subsection (a) may be approved only if the application--

      (1) is for an individual or individuals employed in an eligible enterprise or enterprises applying under the program;

      (2) describes the level of training for which assistance under this subtitle is sought;

      (3) provides evidence that the eligible enterprise meets the general policies adopted for the administration of this subtitle;

      (4) provides assurances that the eligible enterprise will pay a share of the costs of the training, which share may include in-kind contributions; and

      (5) provides such additional assurances as are determined to be essential to ensure compliance with the requirements of this subtitle.

    (c) CLEARINGHOUSE- A clearinghouse shall be established or designated in each program country to manage and execute the program in that country. The clearinghouse shall screen applications, provide information regarding training and teachers, monitor performance of the program, and coordinate appropriate post-program follow-on activities.

SEC. 425. RESTRICTIONS NOT APPLICABLE.

    Prohibitions on the use of foreign assistance funds for assistance for the Russian Federation or for Ukraine shall not apply with respect to the funds made available to carry out this subtitle.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated $10,000,000 for the fiscal year 2000 and $10,000,000 for the fiscal year 2001 to carry out this subtitle.

    (b) AVAILABILITY OF FUNDS- Amounts appropriated under subsection (a) are authorized to remain available until expended.

TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA.

    Section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended--

      (1) by striking subsection (c);

      (2) by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively;

      (3) in subsection (c) (as redesignated by paragraph (2))--

        (A) in paragraph (1)--

          (i) by striking ‘(A)’; and

          (ii) by striking subparagraph (B);

        (B) in paragraph (2), by striking ‘September 30, 1999’ and inserting ‘September 30, 2009’;

        (C) in paragraph (4), by striking ‘$22,000,000 in any fiscal year’ and inserting ‘$30,000,000 in each of the fiscal years 2000 and 2001’;

        (D) by striking paragraph (5); and

        (E) by redesignating paragraph (6) as paragraph (5); and

      (4) by amending subsection (f) (as redesignated by paragraph (2)) to read as follows:

    ‘(f) SUNSET PROVISION- The Board may not make any grant for the purpose of operating Radio Free Asia after September 30, 2009.’.

SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING BOARD OF GOVERNORS.

    Section 304(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6203 (b)(2)), is amended--

      (1) by striking ‘designate’ and inserting ‘appoint’; and

      (2) by adding at the end the following: ‘, subject to the advice and consent of the Senate’.

SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).

    Section 312 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6211) is amended to read as follows:

‘SEC. 312. THE CONTINUING MISSION OF RADIO FREE EUROPE AND RADIO LIBERTY BROADCASTS.

    ‘It is the sense of Congress that Radio Free Europe and Radio Liberty should continue to broadcast to the peoples of Central Europe, Eurasia, and the Persian Gulf until such time as--

      ‘(1) a particular nation has clearly demonstrated the successful establishment and consolidation of democratic rule; and

      ‘(2) its domestic media which provide balanced, accurate, and comprehensive news and information, is firmly established and widely accessible to the national audience, thus making redundant broadcasts by Radio Free Europe or Radio Liberty.

    ‘At such time as a particular nation meets both of these conditions, RFE/RL should phase out broadcasting to that nation.’.

SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF GOVERNORS.

    Section 304 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6203) is amended by adding at the end the following subsection:

    ‘(g) IMMUNITY FROM CIVIL LIABILITY- Notwithstanding any other provision of law, any and all limitations on liability that apply to the members of the Broadcasting Board of Governors also shall apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and Radio Free Asia.’.

TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Secure Embassy Construction and Counterterrorism Act of 1999’.

SEC. 602. FINDINGS.

    Congress makes the following findings:

      (1) On August 7, 1998, the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attack.

      (2) The United States personnel in both Dar es Salaam and Nairobi showed leadership and personal courage in their response to the attacks. Despite the havoc wreaked upon the embassies, staff in both embassies provided rapid response in locating and rescuing victims, providing emergency assistance, and quickly restoring embassy operations during a crisis.

      (3) The bombs are believed to have been set by individuals associated with Osama bin Laden, leader of a known transnational terrorist organization. In February 1998, bin Laden issued a directive to his followers that called for attacks against United States interests anywhere in the world.

      (4) Threats continue to be made against United States diplomatic facilities.

      (5) Accountability Review Boards were convened following the bombings, as required by Public Law 99-399, chaired by Admiral William J. Crowe, United States Navy (Ret.) (in this section referred to as the ‘Crowe panels’).

      (6) The conclusions of the Crowe panels were strikingly similar to those stated by the Commission chaired by Admiral Bobby Ray Inman, which issued an extensive embassy security report in 1985.

      (7) The Crowe panels issued a report setting out many problems with security at United States diplomatic facilities, in particular the following:

        (A) The United States Government has devoted inadequate resources to security against terrorist attacks.

        (B) The United States Government places too low a priority on security concerns.

      (8) The result has been a failure to take adequate steps to prevent tragedies such as the bombings in Kenya and Tanzania.

      (9) The Crowe panels found that there was an institutional failure on the part of the Department of State to recognize threats posed by transnational terrorism and vehicular bombs.

      (10) Responsibility for ensuring adequate resources for security programs is widely shared throughout the United States Government, including Congress. Unless the vulnerabilities identified by the Crowe panels are addressed in a sustained and financially realistic manner, the lives and safety of United States employees in diplomatic facilities will continue to be at risk from further terrorist attacks.

      (11) Although service in the Foreign Service or other United States Government positions abroad can never be completely without risk, the United States Government must take all reasonable steps to minimize security risks.

SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this title, the terms ‘United States diplomatic facility’ and ‘diplomatic facility’ mean any chancery, consulate, or other office notified to the host government as diplomatic or consular premises in accordance with the Vienna Conventions on Diplomatic and Consular Relations, or otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.

SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts otherwise authorized to be appropriated by this or any other Act, there are authorized to be appropriated for ‘Embassy Security, Construction and Maintenance’--

      (1) for fiscal year 2000, $900,000,000;

      (2) for fiscal year 2001, $900,000,000;

      (3) for fiscal year 2002, $900,000,000;

      (4) for fiscal year 2003, $900,000,000; and

      (5) for fiscal year 2004, $900,000,000.

    (b) PURPOSES- Funds made available under the ‘Embassy Security, Construction, and Maintenance’ account may be used only for the purposes of--

      (1) the acquisition of United States diplomatic facilities and, if necessary, any residences or other structures located in close physical proximity to such facilities, or

      (2) the provision of major security enhancements to United States diplomatic facilities,

    to the extent necessary to bring the United States Government into compliance with all requirements applicable to the security of United States diplomatic facilities, including the relevant requirements set forth in section 606.

    (c) AVAILABILITY OF AUTHORIZATIONS- Authorizations of appropriations under subsection (a) shall remain available until the appropriations are made.

    (d) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.

SEC. 605. OBLIGATIONS AND EXPENDITURES.

    (a) REPORT AND PRIORITY OF OBLIGATIONS-

      (1) REPORT- Not later than February 1 of the year 2000 and each of the four subsequent years, the Secretary of State shall submit a classified report to the appropriate congressional committees identifying each diplomatic facility or each diplomatic or consular post composed of such facilities that is a priority for replacement or for any major security enhancement because of its vulnerability to terrorist attack (by reason of the terrorist threat and the current condition of the facility). The report shall list such facilities in groups of 20. The groups shall be ranked in order from most vulnerable to least vulnerable to such an attack.

      (2) PRIORITY ON USE OF FUNDS-

        (A) IN GENERAL- Except as provided in subparagraph (B), funds authorized to be appropriated by section 604 for a particular project may be used only for those facilities which are listed in the first four groups described in paragraph (1).

        (B) EXCEPTION- Funds authorized to be made available by section 604 may only be used for facilities which are not in the first 4 groups described in paragraph (1), if the Congress authorizes or appropriates funds for such a diplomatic facility or the Secretary of State notifies the appropriate congressional committees that such funds will be used for a facility in accordance with the procedures applicable to a reprogramming of funds under section 34(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706(a)).

    (b) PROHIBITION ON TRANSFER OF FUNDS- None of the funds authorized to be appropriated by section 604 may be transferred to any other account.

    (c) SEMIANNUAL REPORTS ON ACQUISITION AND MAJOR SECURITY UPGRADES- On June 1 and December 1 of each year, the Secretary of State shall submit a report to the appropriate congressional committees on the embassy construction and security program authorized under this title. The report shall include--

      (1) obligations and expenditures--

        (A) during the previous two fiscal quarters; and

        (B) since the enactment of this Act;

      (2) projected obligations and expenditures for the fiscal year in which the report is submitted and how these obligations and expenditures will improve security conditions of specific diplomatic facilities; and

      (3) the status of ongoing acquisition and major security enhancement projects, including any significant changes in--

        (A) the budgetary requirements for such projects;

        (B) the schedule of such projects; and

        (C) the scope of the projects.

SEC. 606. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

    (a) IN GENERAL- The following security requirements shall apply with respect to United States diplomatic facilities and specified personnel:

      (1) THREAT ASSESSMENT-

        (A) EMERGENCY ACTION PLAN- The Emergency Action Plan (EAP) of each United States mission shall address the threat of large explosive attacks from vehicles and the safety of employees during such an explosive attack. Such plan shall be reviewed and updated annually.

        (B) SECURITY ENVIRONMENT THREAT LIST- The Security Environment Threat List shall contain a section that addresses potential acts of international terrorism against United States diplomatic facilities based on threat identification criteria that emphasize the threat of transnational terrorism and include the local security environment, host government support, and other relevant factors such as cultural realities. Such plan shall be reviewed and updated every six months.

      (2) SITE SELECTION-

        (A) IN GENERAL- In selecting a site for any new United States diplomatic facility abroad, the Secretary shall ensure that all United States Government personnel at the post (except those under the command of an area military commander) will be located on the site.

        (B) WAIVER AUTHORITY-

          (i) IN GENERAL- Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, together with the head of each agency employing personnel that would not be located at the site, determine that security considerations permit and it is in the national interest of the United States.

          (ii) CHANCERY OR CONSULATE BUILDING-

            (I) AUTHORITY NOT DELEGABLE- The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.

            (II) CONGRESSIONAL NOTIFICATION- Not less than 15 days prior to implementing the waiver authority under clause (i) with respect to a chancery or consulate building, the Secretary shall notify the appropriate congressional committees in writing of the waiver and the reasons for the determination.

          (iii) REPORT TO CONGRESS- The Secretary shall submit to the appropriate congressional committees an annual report of all waivers under this subparagraph.

      (3) PERIMETER DISTANCE-

        (A) REQUIREMENT- Each newly acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is to be situated.

        (B) WAIVER AUTHORITY-

          (i) IN GENERAL- Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary determines that security considerations permit and it is in the national interest of the United States.

          (ii) CHANCERY OR CONSULATE BUILDING-

            (I) AUTHORITY NOT DELEGABLE- The Secretary may not delegate the waiver authority under clause (i) with respect to a chancery or consulate building.

            (II) CONGRESSIONAL NOTIFICATION- Not less than 15 days prior to implementing the waiver authority under subparagraph (A) with respect to a chancery or consulate building, the Secretary shall notify the appropriate congressional committees in writing of the waiver and the reasons for the determination.

          (iii) REPORT TO CONGRESS- The Secretary shall submit to the appropriate congressional committees an annual report of all waivers under this subparagraph.

      (4) CRISIS MANAGEMENT TRAINING-

        (A) TRAINING OF HEADQUARTERS STAFF- The appropriate personnel of the Department of State headquarters staff shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities for the purpose of bringing about a rapid response to such incidents from Department of State headquarters in Washington, D.C.

        (B) TRAINING OF PERSONNEL ABROAD- A program of appropriate instruction in crisis management shall be provided to personnel at United States diplomatic facilities abroad at least on an annual basis.

      (5) DIPLOMATIC SECURITY TRAINING- Not later than six months after the date of the enactment of this Act, the Secretary of State shall--

        (A) develop annual physical fitness standards for all diplomatic security agents to ensure that the agents are prepared to carry out all of their official responsibilities; and

        (B) provide for an independent evaluation by an outside entity of the overall adequacy of current new agent, in-service, and management training programs to prepare agents to carry out the full scope of diplomatic security responsibilities, including preventing attacks on United States personnel and facilities.

        (6) STATE DEPARTMENT SUPPORT-

        (A) FOREIGN EMERGENCY SUPPORT TEAM- The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including--

          (i) conducting routine training exercises of the FEST;

          (ii) providing personnel identified to serve on the FEST as a collateral duty;

          (iii) providing personnel to assist in activities such as security, medical relief, public affairs, engineering, and building safety; and

          (iv) providing such additional support as may be necessary to enable the FEST to provide support in a post-crisis environment involving mass casualties and physical damage.

        (B) FEST AIRCRAFT-

          (i) REPLACEMENT AIRCRAFT- The President shall develop a plan to replace on a priority basis the current FEST aircraft funded by the Department of Defense with a dedicated, capable, and reliable replacement aircraft and backup aircraft to be operated and maintained by the Department of Defense.

          (ii) REPORT- Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees describing the aircraft selected pursuant to clause (i) and the arrangements for the funding, operation, and maintenance of such aircraft.

          (iii) AUTHORITY TO LEASE AIRCRAFT TO RESPOND TO A TERRORIST ATTACK ABROAD- Subject to the availability of appropriations, when the Attorney General of the Department of Justice exercises the Attorney General’s authority to lease commercial aircraft to transport equipment and personnel in response to a terrorist attack abroad if there have been reasonable efforts to obtain appropriate Department of Defense aircraft and such aircraft are unavailable, the Attorney General shall have the authority to obtain indemnification insurance or guarantees if necessary and appropriate.

      (7) RAPID RESPONSE PROCEDURES- The Secretary of State shall enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to United States diplomatic facilities.

      (8) STORAGE OF EMERGENCY EQUIPMENT AND RECORDS- All United States diplomatic facilities shall have emergency equipment and records required in case of an emergency situation stored at an off-site facility.

    (b) STATUTORY CONSTRUCTION- Nothing in this section alters or amends existing security requirements not addressed by this section.

SEC. 607. REPORT ON OVERSEAS PRESENCE.

    (a) REVIEW- The Secretary of State shall review the findings of the Overseas Presence Advisory Panel of the Department of State.

    (b) REPORT-

      (1) IN GENERAL- Not later than 120 days after submission of the Overseas Presence Advisory Panel Report, the Secretary of State shall submit a report to the appropriate congressional committees setting forth the results of the review conducted under subsection (a).

      (2) ELEMENTS OF THE REPORT- To the extent not addressed by the review described in subsection (a), the report shall also--

        (A) specify whether any United States diplomatic facility should be closed because--

          (i) the facility is highly vulnerable and subject to threat of terrorist attack; and

          (ii) adequate security enhancements cannot be provided to the facility;

        (B) in the event that closure of a diplomatic facility is required, identify plans to provide secure premises for permanent use by the United States diplomatic mission, whether in country or in a regional United States diplomatic facility, or for temporary occupancy by the mission in a facility pending acquisition of new buildings;

        (C) outline the potential for reduction or transfer of personnel or closure of missions if technology is adequately exploited for maximum efficiencies;

        (D) examine the possibility of creating regional missions in certain parts of the world;

        (E) in the case of diplomatic facilities that are part of the Special Embassy Program, report on the foreign policy objectives served by retaining such missions, balancing the importance of these objectives against the well-being of United States personnel; and

        (F) examine the feasibility of opening new regional outreach centers, modeled on the system used by the United States Embassy in Paris, France, with each center designed to operate--

          (i) at no additional cost to the United States Government;

          (ii) with staff consisting of one or two Foreign Service officers currently assigned to the United States diplomatic mission in the country in which the center is located; and

          (iii) in a region of the country with high gross domestic product (GDP), a high density population, and a media market that not only includes but extends beyond the region.

SEC. 608. ACCOUNTABILITY REVIEW BOARDS.

    Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831) is amended to read as follows:

‘SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

    ‘(a) IN GENERAL-

      ‘(1) CONVENING A BOARD- Except as provided in paragraph (2), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of titles I through IV (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (in this title referred to as the ‘Board’). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.

      ‘(2) DEPARTMENT OF DEFENSE FACILITIES AND PERSONNEL- The Secretary of State is not required to convene a Board in the case of an incident described in paragraph (1) that involves any facility, installation, or personnel of the Department of Defense with respect to which the Secretary has delegated operational control of overseas security functions to the Secretary of Defense pursuant to section 106 of this Act. In any such case, the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the findings and recommendations of such inquiry, and the action taken with respect to such recommendations, to the Secretary of State and Congress.

    ‘(b) DEADLINES FOR CONVENING BOARDS-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), the Secretary of State shall convene a Board not later than 60 days after the occurrence of an incident described in subsection (a)(1), except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.

      ‘(2) DELAY IN CASES INVOLVING INTELLIGENCE ACTIVITIES- With respect to breaches of security involving intelligence activities, the Secretary of State may delay the establishment of a Board if, after consultation with the chairman of the Select Committee on Intelligence of the Senate and the chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that the establishment of a Board would compromise intelligence sources or methods. The Secretary shall promptly advise the chairmen of such committees of each determination pursuant to this paragraph to delay the establishment of a Board.

    ‘(c) NOTIFICATION TO CONGRESS- Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives--

      ‘(1) that a Board has been convened;

      ‘(2) of the membership of the Board; and

      ‘(3) of other appropriate information about the Board.’.

SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.

    Not later than six months after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, shall submit a report to the appropriate congressional committees on a proposed operational plan and site selection to expeditiously establish an International Law Enforcement Academy (ILEA) on the continent of Africa in order to increase training and cooperation on the continent in anti-terrorism and transnational crime fighting.

TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

Subtitle A--International Organizations Other than the United Nations

SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN INTERPARLIAMENTARY GROUPS.

    (a) TRANSATLANTIC LEGISLATORS’ DIALOGUE- Section 109(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 276 note) is amended by striking ‘United States-European Community Interparliamentary Group’ and inserting ‘Transatlantic Legislators’ Dialogue (United States-European Union Interparliamentary Group)’.

    (b) NATO PARLIAMENTARY ASSEMBLY--

      (1) IN GENERAL- The joint resolution entitled ‘Joint Resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization’, approved July 11, 1956 (22 U.S.C. 1928a et seq.), is amended in sections 2, 3, and 4 (22 U.S.C. 1928b, 1928c, and 1928d, respectively) by striking ‘North Atlantic Assembly’ each place it appears and inserting ‘NATO Parliamentary Assembly’.

      (2) CONFORMING AMENDMENT- Section 105(b) of the Legislative Branch Appropriation Act, 1961 (22 U.S.C. 276c-1) is amended by striking ‘North Atlantic Assembly’ and inserting ‘NATO Parliamentary Assembly’.

      (3) REFERENCES- In the case of any provision of law having application on or after May 31, 1999 (other than a provision of law specified in subparagraphs (A) or (B)), any reference contained in that provision to the North Atlantic Assembly shall, on and after that date, be considered to be a reference to the NATO Parliamentary Assembly.

SEC. 702. AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION TO ASSIST STATE AND LOCAL GOVERNMENTS.

    (a) AUTHORITY- The Commissioner of the United States section of the International Boundary and Water Commission may provide technical tests, evaluations, information, surveys, or others similar services to State or local governments upon the request of such State or local government on a reimbursable basis.

    (b) REIMBURSEMENTS- Reimbursements shall be paid in advance of the goods or services ordered and shall be for the estimated or actual cost as determined by the United States section of the International Boundary and Water Commission. Proper adjustment of amounts paid in advance shall be made as determined by the United States section of the International Boundary and Water Commission on the basis of the actual cost of goods or services provided. Reimbursements received by the United States section of the International Boundary and Water Commission for providing services under this section shall be credited to the appropriation from which the cost of providing the services is charged.

SEC. 703. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    Section 2(b) of the American-Mexican Chamizal Convention Act of 1964 (Public Law 88-300; 22 U.S.C. 277d-18(b)) is amended by inserting ‘operations, maintenance, and’ after ‘cost of’.

SEC. 704. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.

    (a) REPORTS REQUIRED- Not later than 60 days after the date of enactment of this Act, and every 6 months thereafter for fiscal years 2000 and 2001, the Secretary of State shall submit to Congress a report in a classified and unclassified manner on the status of efforts by the United States Government to support--

      (1) the membership of Taiwan in international organizations that do not require statehood as a prerequisite to such membership; and

      (2) the appropriate level of participation by Taiwan in international organizations that may require statehood as a prerequisite to full membership.

    (b) REPORT ELEMENTS- Each report under subsection (a) shall--

      (1) set forth a comprehensive list of the international organizations in which the United States Government supports the membership or participation of Taiwan;

      (2) describe in detail the efforts of the United States Government to achieve the membership or participation of Taiwan in each organization listed; and

      (3) identify the obstacles to the membership or participation of Taiwan in each organization listed, including a list of any governments that do not support the membership or participation of Taiwan in each such organization.

SEC. 705. RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE INTERNATIONAL CRIMINAL COURT.

    (a) PROHIBITION- The United States shall not become a party to the International Criminal Court except pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after the date of enactment of this Act.

    (b) PROHIBITION- None of the funds authorized to be appropriated by this or any other Act may be obligated for use by, or for support of, the International Criminal Court unless the United States has become a party to the Court pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after the date of enactment of this Act.

    (c) INTERNATIONAL CRIMINAL COURT DEFINED- In this section, the term ‘International Criminal Court’ means the court established by the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998.

SEC. 706. PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES CITIZENS TO THE INTERNATIONAL CRIMINAL COURT.

    (a) PROHIBITION ON EXTRADITION- None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to extradite a United States citizen to a foreign country that is under an obligation to surrender persons to the International Criminal Court unless that foreign country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the country will not extradite or otherwise transfer that citizen to the International Criminal Court.

    (b) PROHIBITION ON CONSENT TO EXTRADITION BY THIRD COUNTRIES- None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to provide consent to the extradition or transfer of a United States citizen by a foreign country to a third country that is under an obligation to surrender persons to the International Criminal Court, unless the third country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the third country will not extradite or otherwise transfer that citizen to the International Criminal Court.

    (c) DEFINITION- In this section, the term ‘International Criminal Court’ has the meaning given the term in section 705(c) of this Act.

SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.

    Section 2505 of the Foreign Affairs Reform and Restructuring Act of 1998 (as contained in division G of Public Law 105-277) is amended--

      (1) in subsection (a), by striking ‘by this division for fiscal year 1999’ and inserting ‘for the Department of State for fiscal year 2000 or 2001’; and

      (2) in subsection (d), by striking ‘not later than April 1, 1999,’ and inserting ‘on January 31 of the years 2000 and 2001 and July 31 of the years 2000 and 2001,’.

SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC ENERGY AGENCY.

    (a) AMENDMENT TO THE UNITED NATIONS PARTICIPATION ACT OF 1945- Section 2(h) of the United Nations Participation Act of 1945 (22 U.S.C. 287(h)) is amended by adding at the end the following new sentence: ‘The representative of the United States to the Vienna office of the United Nations shall also serve as representative of the United States to the International Atomic Energy Agency.’.

    (b) AMENDMENT TO THE IAEA PARTICIPATION ACT OF 1957- Section 2(a) of the International Atomic Energy Agency Participation Act of 1957 (22 U.S.C. 2021(a)) is amended by adding at the end the following new sentence: ‘The Representative of the United States to the Vienna office of the United Nations shall also serve as representative of the United States to the Agency.’.

    (c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall apply to individuals appointed on or after the date of enactment of this Act.

Subtitle B--United Nations Activities

SEC. 721. UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.

    (a) CONGRESSIONAL STATEMENT- It shall be the policy of the United States to promote an end to the persistent inequity experienced by Israel in the United Nations whereby Israel is the only longstanding member of the organization to be denied acceptance into any of the United Nations regional blocs.

    (b) POLICY ON ABOLITION OF CERTAIN UNITED NATIONS GROUPS- It shall be the policy of the United States to seek the abolition of certain United Nations groups the existence of which is inimical to the ongoing Middle East peace process, those groups being the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories; the Committee on the Exercise of the Inalienable Rights of the Palestinian People; the Division for the Palestinian Rights; and the Division on Public Information on the Question of Palestine.

    (c) ANNUAL REPORTS- On January 15 of each year, the Secretary of State shall submit a report to the appropriate congressional committees (in classified or unclassified form as appropriate) on--

      (1) actions taken by representatives of the United States to encourage the nations of the Western Europe and Others Group (WEOG) to accept Israel into their regional bloc;

      (2) other measures being undertaken, and which will be undertaken, to ensure and promote Israel’s full and equal participation in the United Nations; and

      (3) steps taken by the United States under subsection (b) to secure abolition by the United Nations of groups described in that subsection.

    (d) ANNUAL CONSULTATION- At the time of the submission of each annual report under subsection (c), the Secretary of State shall consult with the appropriate congressional committees on specific responses received by the Secretary of State from each of the nations of the Western Europe and Others Group (WEOG) on their position concerning Israel’s acceptance into their organization.

SEC. 722. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS.

    Chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2348 et seq.) is amended by adding at the end the following:

‘SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS.

    ‘(a) UNITED STATES COSTS- The President shall annually provide to the Secretary General of the United Nations data regarding all costs incurred by the United States Department of Defense during the preceding year in support of all United Nations Security Council resolutions as reported to the Congress pursuant to section 8079 of the Department of Defense Appropriations Act, 1998.

    ‘(b) UNITED NATIONS MEMBER COSTS- The President shall request that the United Nations compile and publish information concerning costs incurred by United Nations members in support of such resolutions.’.

SEC. 723. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED STATES TO THE UNITED NATIONS.

    The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the end the following new section:

‘SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED STATES TO THE UNITED NATIONS.

    ‘(a) REQUIREMENT TO OBTAIN REIMBURSEMENT-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), the President shall seek and obtain in a timely fashion a commitment from the United Nations to provide reimbursement to the United States from the United Nations whenever the United States Government furnishes assistance pursuant to the provisions of law described in subsection (c)--

        ‘(A) to the United Nations when the assistance is designed to facilitate or assist in carrying out an assessed peacekeeping operation;

        ‘(B) for any United Nations peacekeeping operation that is authorized by the United Nations Security Council under Chapter VI or Chapter VII of the United Nations Charter and paid for by peacekeeping or regular budget assessment of the United Nations members; or

        ‘(C) to any country participating in any operation authorized by the United Nations Security Council under Chapter VI or Chapter VII of the United Nations Charter and paid for by peacekeeping assessments of United Nations members when the assistance is designed to facilitate or assist the participation of that country in the operation.

      ‘(2) EXCEPTIONS-

        ‘(A) IN GENERAL- The requirement in paragraph (1) shall not apply to--

          ‘(i) goods and services provided to the United States Armed Forces;

          ‘(ii) assistance having a value of less than $3,000,000 per fiscal year per operation;

          ‘(iii) assistance furnished before the date of enactment of this section;

          ‘(iv) salaries and expenses of civilian police and other civilian and military monitors where United Nations policy is to require payment by contributing members for similar assistance to United Nations peacekeeping operations; or

          ‘(v) any assistance commitment made before the date of enactment of this section.

        ‘(B) DEPLOYMENTS OF UNITED STATES MILITARY FORCES- The requirements of subsection (d)(1)(B) shall not apply to the deployment of United States military forces when the President determines that such deployment is important to the security interests of the United States. The cost of such deployment shall be included in the data provided under section 554 of the Foreign Assistance Act of 1961.

      ‘(3) FORM AND AMOUNT-

        ‘(A) AMOUNT- The amount of any reimbursement under this subsection shall be determined at the usual rate established by the United Nations.

        ‘(B) FORM- Reimbursement under this subsection may include credits against the United States assessed contributions for United Nations peacekeeping operations, if the expenses incurred by any United States department or agency providing the assistance have first been reimbursed.

    ‘(b) TREATMENT OF REIMBURSEMENTS-

      ‘(1) CREDIT- The amount of any reimbursement paid the United States under subsection (a) shall be credited to the current applicable appropriation, fund, or account of the United States department or agency providing the assistance for which the reimbursement is paid.

      ‘(2) AVAILABILITY- Amounts credited under paragraph (1) shall be merged with the appropriations, or with appropriations in the fund or account, to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged.

    ‘(c) COVERED ASSISTANCE- Subsection (a) applies to assistance provided under the following provisions of law:

      ‘(1) Sections 6 and 7 of this Act.

      ‘(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the Foreign Assistance Act of 1961.

      ‘(3) Any other provisions of law pursuant to which assistance is provided by the United States to carry out the mandate of an assessed United Nations peacekeeping operation.

    ‘(d) WAIVER-

      ‘(1) AUTHORITY-

        ‘(A) IN GENERAL- The President may authorize the furnishing of assistance covered by this section without regard to subsection (a) if the President determines, and so notifies in writing the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives, that to do so is important to the security interests of the United States.

        ‘(B) CONGRESSIONAL NOTIFICATION- When exercising the authorities of subparagraph (A), the President shall notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961.

      ‘(2) CONGRESSIONAL REVIEW- Notwithstanding a notice under paragraph (1) with respect to assistance covered by this section, subsection (a) shall apply to the furnishing of the assistance if, not later than 15 calendar days after receipt of a notification under that paragraph, the Congress enacts a joint resolution disapproving the determination of the President contained in the notification.

      ‘(3) SENATE PROCEDURES- Any joint resolution described in paragraph (2) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

    ‘(e) RELATIONSHIP TO OTHER REIMBURSEMENT AUTHORITY- Nothing in this section shall preclude the President from seeking reimbursement for assistance covered by this section that is in addition to the reimbursement sought for the assistance under subsection (a).

    ‘(f) DEFINITION- In this section, the term ‘assistance’ includes personnel, services, supplies, equipment, facilities, and other assistance if such assistance is provided by the Department of Defense or any other United States Government agency.’.

SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS PEACEKEEPING OPERATIONS.

    (a) CODIFICATION- Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended--

      (1) in subsection (a), by striking the second sentence; and

      (2) by striking subsection (e) and inserting the following:

    ‘(e) CONSULTATIONS AND REPORTS ON UNITED NATIONS PEACEKEEPING OPERATIONS-

      ‘(1) CONSULTATIONS- Each month the President shall consult with Congress on the status of United Nations peacekeeping operations.

      ‘(2) INFORMATION TO BE PROVIDED- In connection with such consultations, the following information shall be provided each month to the designated congressional committees:

        ‘(A) With respect to ongoing United Nations peacekeeping operations, the following:

          ‘(i) A list of all resolutions of the United Nations Security Council anticipated to be voted on during such month that would extend or change the mandate of any United Nations peacekeeping operation.

          ‘(ii) For each such operation, any changes in the duration, mandate, and command and control arrangements that are anticipated as a result of the adoption of the resolution.

          ‘(iii) An estimate of the total cost to the United Nations of each such operation for the period covered by the resolution, and an estimate of the amount of that cost that will be assessed to the United States.

          ‘(iv) Any anticipated significant changes in United States participation in or support for each such operation during the period covered by the resolution (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)), and the estimated costs to the United States of such changes.

        ‘(B) With respect to each new United Nations peacekeeping operation that is anticipated to be authorized by a Security Council resolution during such month, the following information for the period covered by the resolution:

          ‘(i) The anticipated duration, mandate, and command and control arrangements of such operation, the planned exit strategy, and the vital national interest to be served.

          ‘(ii) An estimate of the total cost to the United Nations of the operation, and an estimate of the amount of that cost that will be assessed to the United States.

          ‘(iii) A description of the functions that would be performed by any United States Armed Forces participating in or otherwise operating in support of the operation, an estimate of the number of members of the Armed Forces that will participate in or otherwise operate in support of the operation, and an estimate of the cost to the United States of such participation or support.

          ‘(iv) A description of any other United States assistance to or support for the operation (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)), and an estimate of the cost to the United States of such assistance or support.

          ‘(v) A reprogramming of funds pursuant to section 34 of the State Department Basic Authorities Act of 1956, submitted in accordance with the procedures set forth in such section, describing the source of funds that will be used to pay for the cost of the new United Nations peacekeeping operation, provided that such notification shall also be submitted to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

      ‘(3) FORM AND TIMING OF INFORMATION-

        ‘(A) FORM- The President shall submit information under clauses (i) and (iii) of paragraph (2)(A) in writing.

        ‘(B) TIMING-

          ‘(i) ONGOING OPERATIONS- The information required under paragraph (2)(A) for a month shall be submitted not later than the 10th day of the month.

          ‘(ii) NEW OPERATIONS- The information required under paragraph (2)(B) shall be submitted in writing with respect to each new United Nations peacekeeping operation not less than 15 days before the anticipated date of the vote on the resolution concerned unless the President determines that exceptional circumstances prevent compliance with the requirement to report 15 days in advance. If the President makes such a determination, the information required under paragraph (2)(B) shall be submitted as far in advance of the vote as is practicable.

      ‘(4) NEW UNITED NATIONS PEACEKEEPING OPERATION DEFINED- As used in paragraph (2), the term ‘new United Nations peacekeeping operation’ includes any existing or otherwise ongoing United Nations peacekeeping operation--

        ‘(A) where the authorized force strength is to be expanded;

        ‘(B) that is to be authorized to operate in a country in which it was not previously authorized to operate; or

        ‘(C) the mandate of which is to be changed so that the operation would be engaged in significant additional or significantly different functions.

      ‘(5) NOTIFICATION AND QUARTERLY REPORTS REGARDING UNITED STATES ASSISTANCE-

        ‘(A) NOTIFICATION OF CERTAIN ASSISTANCE-

          ‘(i) IN GENERAL- The President shall notify the designated congressional committees at least 15 days before the United States provides any assistance to the United Nations to support peacekeeping operations.

          ‘(ii) EXCEPTION- This subparagraph does not apply to--

            ‘(I) assistance having a value of less than $3,000,000 in the case of nonreimbursable assistance or less than $14,000,000 in the case of reimbursable assistance; or

            ‘(II) assistance provided under the emergency drawdown authority of sections 506(a)(1) and 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and 2348a(c)(2)).

        ‘(B) QUARTERLY REPORTS-

          ‘(i) IN GENERAL- The President shall submit quarterly reports to the designated congressional committees on all assistance provided by the United States during the preceding calendar quarter to the United Nations to support peacekeeping operations.

          ‘(ii) MATTERS INCLUDED- Each report under this subparagraph shall describe the assistance provided for each such operation, listed by category of assistance.

          ‘(iii) FOURTH QUARTER REPORT- The report under this subparagraph for the fourth calendar quarter of each year shall be submitted as part of the annual report required by subsection (d) and shall include cumulative information for the preceding calendar year.

    ‘(f) DESIGNATED CONGRESSIONAL COMMITTEES- In this section, the term ‘designated congressional committees’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.’.

      (2) CONFORMING REPEAL- Subsection (a) of section 407 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 448) is repealed.

    (b) RELATIONSHIP TO OTHER NOTICE REQUIREMENTS- Section 4 of the United Nations Participation Act of 1945, as amended by subsection (a), is further amended by adding at the end the following:

    ‘(g) RELATIONSHIP TO OTHER NOTIFICATION REQUIREMENTS- Nothing in this section is intended to alter or supersede any notification requirement with respect to peacekeeping operations that is established under any other provision of law.’.

TITLE VIII--MISCELLANEOUS PROVISIONS

Subtitle A--General Provisions

SEC. 801. DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION OR STERILIZATION POLICY.

    (a) DENIAL OF ENTRY- Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.

    (b) EXCEPTIONS- The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.

    (c) WAIVER- The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary--

      (1) determines that it is important to the national interest of the United States to do so; and

      (2) provides written notification to the appropriate congressional committees containing a justification for the waiver.

SEC. 802. TECHNICAL CORRECTIONS.

    (a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and Restructuring Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-792) is amended by striking ‘divisionAct’ and inserting ‘division’.

    (b) Section 1002(a) of the Foreign Affairs Reform and Restructuring Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-762) is amended by striking paragraph (3).

    (c) The table of contents of division G of Public Law 105-277 (112 Stat. 2681-762) is amended by striking ‘DIVISIONX’ and inserting ‘division g’.

    (d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is amended in the first sentence by striking ‘Secretary’ the first place it appears and inserting ‘Secretary, in consultation with the Secretary of State,’.

SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA.

    (a) REPORTS REQUIRED-

      (1) IN GENERAL- Not later than each of the dates specified in paragraph (2), the Secretary of State shall submit a report to the appropriate congressional committees describing specific steps being taken by the Government of Morocco and by the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) to ensure that a free, fair, and transparent referendum in which the people of the Western Sahara will choose between independence and integration with Morocco will be held by July 2000.

      (2) DEADLINES FOR SUBMISSION OF REPORTS- The dates referred to in paragraph (1) are January 1, 2000, and June 1, 2000.

    (b) REPORT ELEMENTS- The report shall include--

      (1) a description of preparations for the referendum, including the extent to which free access to the territory for independent international organizations, including election observers and international media, will be guaranteed;

      (2) a description of current efforts by the Department of State to ensure that a referendum will be held by July 2000;

      (3) an assessment of the likelihood that the July 2000 date will be met;

      (4) a description of obstacles, if any, to the voter registration process and other preparations for the referendum, and efforts being made by the parties and the United States Government to overcome those obstacles; and

      (5) an assessment of progress being made in the repatriation process.

SEC. 804. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT OF 1989.

    The PLO Commitments Compliance Act of 1989 is amended --

      (1) in section 804(b), by striking ‘In conjunction with each written policy justification required under section 604(b)(1) of the Middle East Peace Facilitation Act of 1995 or every’ and inserting ‘Every’;

      (2) in section 804(b)--

        (A) by striking ‘and’ at the end of paragraph (9);

        (B) by striking the period at the end of paragraph (10); and

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

      ‘(11) a statement on the effectiveness of end-use monitoring of international or United States aid being provided to the Palestinian Authority, Palestinian Liberation Organization, or the Palestinian Legislative Council, or to any other agent or instrumentality of the Palestinian Authority, on Palestinian efforts to comply with international accounting standards and on enforcement of anti-corruption measures; and

      ‘(12) a statement on compliance by the Palestinian Authority with the democratic reforms, with specific details regarding the separation of powers called for between the executive and Legislative Council, the status of legislation passed by the Legislative Council and sent to the executive, the support of the executive for local and municipal elections, the status of freedom of the press, and of the ability of the press to broadcast debate from within the Legislative Council and about the activities of the Legislative Council.’.

SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS WERE KILLED AND RELATED MATTERS.

    (a) IN GENERAL- Not later than 6 months after the date of enactment of this Act and every 6 months thereafter until October 1, 2001, the Secretary of State shall prepare and submit a report, with a classified annex as necessary, to the appropriate congressional committees regarding terrorist attacks in Israel, in territory administered by Israel, and in territory administered by the Palestinian Authority. The report shall contain the following information:

      (1) A list of formal commitments the Palestinian Authority has made to combat terrorism.

      (2) A list of terrorist attacks, occurring between September 13, 1993 and the date of the report, against United States citizens in Israel, in territory administered by Israel, or in territory administered by the Palestinian Authority, including--

        (A) a list of all citizens of the United States killed or injured in such attacks;

        (B) the date of each attack and the total number of people killed or injured in each attack;

        (C) the person or group claiming responsibility for the attack and where such person or group has found refuge or support;

        (D) a list of suspects implicated in each attack and the nationality of each suspect, including information on--

          (i) which suspects are in the custody of the Palestinian Authority and which suspects are in the custody of Israel;

          (ii) which suspects are still at large in areas controlled by the Palestinian Authority or Israel; and

          (iii) the whereabouts (or suspected whereabouts) of suspects implicated in each attack.

      (3) Of the suspects implicated in the attacks described in paragraph (2) and detained by Palestinian or Israeli authorities, information on--

        (A) the date each suspect was incarcerated;

        (B) whether any suspects have been released, the date of such release, and whether any released suspect was implicated in subsequent acts of terrorism; and

        (C) the status of each case pending against a suspect, including information on whether the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or Israel.

      (4) The policy of the Department of State with respect to offering rewards for information on terrorist suspects, including any information on whether a reward has been posted for suspects involved in terrorist attacks listed in the report.

      (5) A list of each request by the United States for assistance in investigating terrorist attacks listed in the report, a list of each request by the United States for the transfer of terrorist suspects from the Palestinian Authority and Israel since September 13, 1993, and the response to each request from the Palestinian Authority and Israel.

      (6) A description of efforts made by United States officials since September 13, 1993 to bring to justice perpetrators of terrorist acts against United States citizens as listed in the report.

      (7) A list of any terrorist suspects in these cases who are members of Palestinian police or security forces, the Palestine Liberation Organization, or any Palestinian governing body.

      (8) A list of all United States citizens killed or injured in terrorist attacks in Israel or in territory administered by Israel between 1950 and September 13, 1993, to include in each case, where such information is reasonably available, any stated claim of responsibility and the resolution or disposition of each case, except that this list shall be submitted only once with the initial report required under this section unless additional relevant information on these cases becomes available.

    (b) CONSULTATION WITH OTHER DEPARTMENTS- The Secretary of State shall, in preparing the report required by this section, consult and coordinate with all other Government officials who have information necessary to complete the report. Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources and methods or other vital national security interests or jeopardize ongoing criminal investigations or proceedings.

    (c) INITIAL REPORT- Except as provided in subsection (a)(8), the initial report filed under this section shall cover the period between September 13, 1993 and the date of the report.

SEC. 806. ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY, AND GENOCIDE.

    (a) SECTION 116 OF FOREIGN ASSISTANCE ACT OF 1961- Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--

      (1) in paragraph (6), by striking ‘and’ at the end;

      (2) in paragraph (7), by striking the period at the end and inserting ‘and’; and

      (3) by adding at the end the following:

      ‘(8) wherever applicable, consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987).’.

    (b) SECTION 502B OF THE FOREIGN ASSISTANCE ACT OF 1961- Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the first sentence the following: ‘Wherever applicable, such report shall include consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987).’.

Subtitle B--North Korea Threat Reduction

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ‘North Korea Threat Reduction Act of 1999’.

SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

    (a) IN GENERAL- Notwithstanding any other provision of law or any international agreement, no agreement for cooperation (as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between the United States and North Korea may become effective, no license may be issued for export directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that--

      (1) North Korea has come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), and has taken all steps that have been deemed necessary by the IAEA in this regard;

      (2) North Korea has permitted the IAEA full access to all additional sites and all information (including historical records) deemed necessary by the IAEA to verify the accuracy and completeness of North Korea’s initial report of May 4, 1992, to the IAEA on all nuclear sites and material in North Korea;

      (3) North Korea is in full compliance with its obligations under the Agreed Framework;

      (4) North Korea has consistently taken steps to implement the Joint Declaration on Denuclearization, and is in full compliance with its obligations under numbered paragraphs 1, 2, and 3 of the Joint Declaration on Denuclearization (excluding in the case of numbered paragraph 3 facilities frozen pursuant to the Agreed Framework);

      (5) North Korea does not have uranium enrichment or nuclear reprocessing facilities (excluding facilities frozen pursuant to the Agreed Framework), and is making no significant progress toward acquiring or developing such facilities;

      (6) North Korea does not have nuclear weapons and is making no significant effort to acquire, develop, test, produce, or deploy such weapons; and

      (7) the transfer to North Korea of key nuclear components, under the proposed agreement for cooperation with North Korea and in accordance with the Agreed Framework, is in the national interest of the United States.

    (b) CONSTRUCTION- The restrictions contained in subsection (a) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 and other laws.

SEC. 823. DEFINITIONS.

    In this subtitle:

      (1) AGREED FRAMEWORK- The term ‘Agreed Framework’ means the ‘Agreed Framework Between the United States of America and the Democratic People’s Republic of Korea’, signed in Geneva on October 21, 1994, and the Confidential Minute to that Agreement.

      (2) IAEA- The term ‘IAEA’ means the International Atomic Energy Agency.

      (3) NORTH KOREA- The term ‘North Korea’ means the Democratic People’s Republic of Korea.

      (4) JOINT DECLARATION ON DENUCLEARIZATION- The term ‘Joint Declaration on Denuclearization’ means the Joint Declaration on the Denuclearization of the Korean Peninsula, issued by the Republic of Korea and the Democratic People’s Republic of Korea on January 1, 1992.

Subtitle C--People’s Republic of China

SEC. 871. FINDINGS.

    Congress makes the following findings:

      (1) Congress concurs in the conclusions of the Department of State, as set forth in the Country Reports on Human Rights Practices for 1998, on human rights in the People’s Republic of China in 1998 as follows:

        (A) ‘The People’s Republic of China (PRC) is an authoritarian state in which the Chinese Communist Party (CCP) is the paramount source of power. . . . Citizens lack both the freedom peacefully to express opposition to the party-led political system and the right to change their national leaders or form of government.’.

        (B) ‘The Government continued to commit widespread and well-documented human rights abuses, in violation of internationally accepted norms. These abuses stemmed from the authorities’ very limited tolerance of public dissent aimed at the Government, fear of unrest, and the limited scope or inadequate implementation of laws protecting basic freedoms.’.

        (C) ‘Abuses included instances of extrajudicial killings, torture and mistreatment of prisoners, forced confessions, arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process.’.

        (D) ‘Prison conditions at most facilities remained harsh. . . . The Government infringed on citizens’ privacy rights. The Government continued restrictions on freedom of speech and of the press, and tightened these toward the end of the year. The Government severely restricted freedom of assembly, and continued to restrict freedom of association, religion, and movement.’.

        (E) ‘Discrimination against women, minorities, and the disabled; violence against women, including coercive family planning practices--which sometimes include forced abortion and forced sterilization; prostitution, trafficking in women and children, and the abuse of children all are problems.’.

        (F) ‘The Government continued to restrict tightly worker rights, and forced labor remains a problem.’.

        (G) ‘Serious human rights abuses persisted in minority areas, including Tibet and Xinjiang, where restrictions on religion and other fundamental freedoms intensified.’.

        (H) ‘Unapproved religious groups, including Protestant and Catholic groups, continued to experience varying degrees of official interference and repression.’.

        (I) ‘Although the Government denies that it holds political or religious prisoners, and argues that all those in prison are legitimately serving sentences for crimes under the law, an unknown number of persons, estimated at several thousand, are detained in violation of international human rights instruments for peacefully expressing their political, religious, or social views.’.

      (2) In addition to the State Department, credible press reports and human rights organizations have documented an intense crackdown on political activists by the Government of the People’s Republic of China, involving the harassment, detainment, arrest, and imprisonment of dozens of activists.

      (3) The People’s Republic of China, as a member of the United Nations, is expected to abide by the provisions of the Universal Declaration of Human Rights.

      (4) The People’s Republic of China is a party to numerous international human rights conventions, including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and is a signatory to the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights.

SEC. 872. FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO REPORT ON POLITICAL, ECONOMIC, AND HUMAN RIGHTS MATTERS IN THE PEOPLE’S REPUBLIC OF CHINA.

    Of the amounts authorized to be appropriated for the Department of State by this Act, $2,200,000 for fiscal year 2000 and $2,200,000 for fiscal year 2001 shall be made available only to support additional personnel in the United States Embassies in Beijing and Kathmandu, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, in order to monitor political and social conditions, with particular emphasis on respect for, and violations of, internationally recognized human rights, in the People’s Republic of China.

SEC. 873. PRISONER INFORMATION REGISTRY FOR THE PEOPLE’S REPUBLIC OF CHINA.

    (a) REQUIREMENT- The Secretary of State shall establish and maintain a registry which shall, to the extent practicable, provide information on all political prisoners, prisoners of conscience, and prisoners of faith in the People’s Republic of China. The registry shall be known as the ‘Prisoner Information Registry for the People’s Republic of China’.

    (b) INFORMATION IN REGISTRY- The registry required by subsection (a) shall include information on the charges, judicial processes, administrative actions, uses of forced labor, incidents of torture, lengths of imprisonment, physical and health conditions, and other matters associated with the incarceration of prisoners in the People’s Republic of China referred to in that subsection.

    (c) AVAILABILITY OF FUNDS- The Secretary may make a grant to nongovernmental organizations currently engaged in monitoring activities regarding political prisoners in the People’s Republic of China in order to assist in the establishment and maintenance of the registry required by subsection (a).

TITLE IX--ARREARS PAYMENTS AND REFORM

Subtitle A--General Provisions

SEC. 901. SHORT TITLE.

    This title may be cited as the ‘United Nations Reform Act of 1999’.

SEC. 902. DEFINITIONS.

    In this title:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.

      (2) DESIGNATED SPECIALIZED AGENCY DEFINED- The term ‘designated specialized agency’ means the International Labor Organization, the World Health Organization, and the Food and Agriculture Organization.

      (3) GENERAL ASSEMBLY- The term ‘General Assembly’ means the General Assembly of the United Nations.

      (4) SECRETARY GENERAL- The term ‘Secretary General’ means the Secretary General of the United Nations.

      (5) SECURITY COUNCIL- The term ‘Security Council’ means the Security Council of the United Nations.

      (6) UNITED NATIONS MEMBER- The term ‘United Nations member’ means any country that is a member of the United Nations.

      (7) UNITED NATIONS PEACEKEEPING OPERATION- The term ‘United Nations peacekeeping operation’ means any United Nations-led operation to maintain or restore international peace or security that--

        (A) is authorized by the Security Council; and

        (B) is paid for from assessed contributions of United Nations members that are made available for peacekeeping activities.

Subtitle B--Arrearages to the United Nations

CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE OF FUNDS

SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION-

      (1) Fiscal year 1998-

        (A) REGULAR ASSESSMENTS- Amounts appropriated by title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119), under the heading ‘Contributions to International Organizations’, are hereby authorized to be appropriated and shall be available for obligation and expenditure subject to the provisions of this title.

        (B) PEACEKEEPING ASSESSMENTS- Amounts appropriated by title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119), under the heading ‘Contributions for International Peacekeeping Activities’, are hereby authorized to be appropriated and shall be available for obligation and expenditure subject to the provisions of this title.

      (2) FISCAL YEAR 1999- Amounts appropriated under the heading ‘Arrearage Payments’ in title IV of the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277), are hereby authorized to be appropriated and shall be available for obligation and expenditure subject to the provisions of this title.

      (3) FISCAL YEAR 2000- There are authorized to be appropriated to the Department of State for payment of arrearages owed by the United States described in subsection (b) as of September 30, 1997, $244,000,000 for fiscal year 2000. Amounts appropriated pursuant to this paragraph shall be available for obligation and expenditure subject to the provisions of this title.

    (b) LIMITATION- Amounts made available under subsection (a) are authorized to be available only--

      (1) to pay the United States share of assessments for the regular budget of the United Nations;

      (2) to pay the United States share of United Nations peacekeeping operations;

      (3) to pay the United States share of United Nations specialized agencies; and

      (4) to pay the United States share of other international organizations.

    (c) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.

    (d) STATUTORY CONSTRUCTION- For purposes of payments made using funds made available under subsection (a), section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) shall not apply to United Nations peacekeeping operation assessments received by the United States prior to October 1, 1995.

SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

    (a) IN GENERAL- Funds made available pursuant to section 911 may be obligated and expended only if the requirements of subsections (b) and (c) of this section are satisfied.

    (b) OBLIGATION AND EXPENDITURE UPON SATISFACTION OF CERTIFICATION REQUIREMENTS- Subject to subsections (e) and (f), funds made available pursuant to section 911 may be obligated and expended only in the following allotments and upon the following certifications:

      (1) Amounts made available for fiscal year 1998, upon the certification described in section 921.

      (2) Amounts made available for fiscal year 1999, upon the certification described in section 931.

      (3) Amounts authorized to be appropriated for fiscal year 2000, upon the certification described in section 941.

    (c) ADVANCE CONGRESSIONAL NOTIFICATION- Funds made available pursuant to section 911 may be obligated and expended only if the appropriate certification has been submitted to the appropriate congressional committees 30 days prior to the payment of the funds.

    (d) TRANSMITTAL OF CERTIFICATIONS- Certifications made under this chapter shall be transmitted by the Secretary of State to the appropriate congressional committees.

    (e) WAIVER AUTHORITY WITH RESPECT TO FISCAL YEAR 1999 FUNDS-

      (1) IN GENERAL- Subject to paragraph (3) and notwithstanding subsection (b), funds made available under section 911 for fiscal year 1999 may be obligated or expended pursuant to subsection (b)(2) even if the Secretary of State cannot certify that the condition described in section 931(b)(1) has been satisfied.

      (2) REQUIREMENTS-

        (A) IN GENERAL- The authority to waive the condition described in paragraph (1) of this subsection may be exercised only if the Secretary of State--

          (i) determines that substantial progress towards satisfying the condition has been made and that the expenditure of funds pursuant to that paragraph is important to the interests of the United States; and

          (ii) has notified, and consulted with, the appropriate congressional committees prior to exercising the authority.

        (B) EFFECT ON SUBSEQUENT CERTIFICATION- If the Secretary of State exercises the authority of paragraph (1), the condition described in that paragraph shall be deemed to have been satisfied for purposes of making any certification under section 941.

      (3) ADDITIONAL REQUIREMENT- If the authority to waive a condition under paragraph (1)(A) is exercised, the Secretary of State shall notify the United Nations that the Congress does not consider the United States obligated to pay, and does not intend to pay, arrearages that have not been included in the contested arrearages account or other mechanism described in section 931(b)(1).

    (f) WAIVER AUTHORITY WITH RESPECT TO FISCAL YEAR 2000 FUNDS-

      (1) IN GENERAL- Subject to paragraph (2) and notwithstanding subsection (b), funds made available under section 911 for fiscal year 2000 may be obligated or expended pursuant to subsection (b)(3) even if the Secretary of State cannot certify that the condition described in paragraph (1) of section 941(b) has been satisfied.

      (2) REQUIREMENTS-

        (A) IN GENERAL- The authority to waive a condition under paragraph (1) may be exercised only if the Secretary of State has notified, and consulted with, the appropriate congressional committees prior to exercising the authority.

        (B) EFFECT ON SUBSEQUENT CERTIFICATION- If the Secretary of State exercises the authority of paragraph (1) with respect to a condition, such condition shall be deemed to have been satisfied for purposes of making any certification under section 941.

SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE UNITED STATES.

    (a) FORGIVENESS OF INDEBTEDNESS- Subject to subsection (b), the President is authorized to forgive or reduce any amount owed by the United Nations to the United States as a reimbursement, including any reimbursement payable under the Foreign Assistance Act of 1961 or the United Nations Participation Act of 1945.

    (b) LIMITATIONS-

      (1) TOTAL AMOUNT- The total of amounts forgiven or reduced under subsection (a) may not exceed $107,000,000.

      (2) RELATION TO UNITED STATES ARREARAGES- Amounts shall be forgiven or reduced under this section only to the same extent as the United Nations forgives or reduces amounts owed by the United States to the United Nations as of September 30, 1997.

    (c) REQUIREMENTS- The authority in subsection (a) shall be available only to the extent and in the amounts provided in advance in appropriations Acts.

    (d) CONGRESSIONAL NOTIFICATION- Before exercising any authority in subsection (a), the President shall notify the appropriate congressional committees in accordance with the same procedures as are applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).

    (e) EFFECTIVE DATE- This section shall take effect on the date a certification is transmitted to the appropriate congressional committees under section 931.

CHAPTER 2--UNITED STATES SOVEREIGNTY

SEC. 921. CERTIFICATION REQUIREMENTS.

    (a) CONTENTS OF CERTIFICATION- A certification described in this section is a certification by the Secretary of State that the following conditions are satisfied:

      (1) SUPREMACY OF THE UNITED STATES CONSTITUTION- No action has been taken by the United Nations or any of its specialized or affiliated agencies that requires the United States to violate the United States Constitution or any law of the United States.

      (2) NO UNITED NATIONS SOVEREIGNTY- Neither the United Nations nor any of its specialized or affiliated agencies--

        (A) has exercised sovereignty over the United States; or

        (B) has taken any steps that require the United States to cede sovereignty.

      (3) NO UNITED NATIONS TAXATION-

        (A) NO LEGAL AUTHORITY- Except as provided in subparagraph (D), neither the United Nations nor any of its specialized or affiliated agencies has the authority under United States law to impose taxes or fees on United States nationals.

        (B) NO TAXES OR FEES- Except as provided in subparagraph (D), a tax or fee has not been imposed on any United States national by the United Nations or any of its specialized or affiliated agencies.

        (C) NO TAXATION PROPOSALS- Except as provided in subparagraph (D), neither the United Nations nor any of its specialized or affiliated agencies has, on or after October 1, 1996, officially approved any formal effort to develop, advocate, or promote any proposal concerning the imposition of a tax or fee on any United States national in order to raise revenue for the United Nations or any such agency.

        (D) EXCEPTION- This paragraph does not apply to--

          (i) fees for publications or other kinds of fees that are not tantamount to a tax on United States citizens;

          (ii) the World Intellectual Property Organization; or

          (iii) the staff assessment costs of the United Nations and its specialized or affiliated agencies.

      (4) NO STANDING ARMY- The United Nations has not, on or after October 1, 1996, budgeted any funds for, nor taken any official steps to develop, create, or establish any special agreement under Article 43 of the United Nations Charter to make available to the United Nations, on its call, the armed forces of any member of the United Nations.

      (5) NO INTEREST FEES- The United Nations has not, on or after October 1, 1996, levied interest penalties against the United States or any interest on arrearages on the annual assessment of the United States, and neither the United Nations nor its specialized agencies have, on or after October 1, 1996, amended their financial regulations or taken any other action that would permit interest penalties to be levied against the United States or otherwise charge the United States any interest on arrearages on its annual assessment.

      (6) UNITED STATES REAL PROPERTY RIGHTS- Neither the United Nations nor any of its specialized or affiliated agencies has exercised authority or control over any United States national park, wildlife preserve, monument, or real property, nor has the United Nations nor any of its specialized or affiliated agencies implemented plans, regulations, programs, or agreements that exercise control or authority over the private real property of United States citizens located in the United States without the approval of the property owner.

      (7) TERMINATION OF BORROWING AUTHORITY-

        (A) PROHIBITION ON AUTHORIZATION OF EXTERNAL BORROWING- On or after the date of enactment of this Act, neither the United Nations nor any specialized agency of the United Nations has amended its financial regulations to permit external borrowing.

        (B) PROHIBITION OF UNITED STATES PAYMENT OF INTEREST COSTS- The United States has not, on or after October 1, 1984, paid its share of any interest costs made known to or identified by the United States Government for loans incurred, on or after October 1, 1984, by the United Nations or any specialized agency of the United Nations through external borrowing.

    (b) TRANSMITTAL- The Secretary of State may transmit a certification under subsection (a) at any time during fiscal year 1998 or thereafter if the requirements of the certification are satisfied.

CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING OPERATIONS

SEC. 931. CERTIFICATION REQUIREMENTS.

    (a) IN GENERAL- A certification described in this section is a certification by the Secretary of State that the conditions in subsection (b) are satisfied. Such certification shall not be made by the Secretary if the Secretary determines that any of the conditions set forth in section 921 are no longer satisfied.

    (b) CONDITIONS- The conditions under this subsection are the following:

      (1) CONTESTED ARREARAGES- The United Nations has established an account or other appropriate mechanism with respect to all United States arrearages incurred before the date of enactment of this Act with respect to which payments are not authorized by this Act, and the failure to pay amounts specified in the account does not affect the application of Article 19 of the Charter of the United Nations. The account established under this paragraph may be referred to as the ‘contested arrearages account’.

      (2) LIMITATION ON ASSESSED SHARE OF BUDGET FOR UNITED NATIONS PEACEKEEPING OPERATIONS- The assessed share of the budget for each assessed United Nations peacekeeping operation does not exceed 25 percent for any single United Nations member.

      (3) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET- The share of the total of all assessed contributions for the regular budget of the United Nations does not exceed 22 percent for any single United Nations member.

CHAPTER 4--BUDGET AND PERSONNEL REFORM

SEC. 941. CERTIFICATION REQUIREMENTS.

    (a) IN GENERAL-

      (1) IN GENERAL- Except as provided in paragraph (2), a certification described in this section is a certification by the Secretary of State that the conditions in subsection (b) are satisfied.

      (2) SPECIFIED CERTIFICATION- A certification described in this section is also a certification that, with respect to the United Nations or a particular designated specialized agency, the conditions in subsection (b)(4) applicable to that organization are satisfied, regardless of whether the conditions in subsection (b)(4) applicable to any other organization are satisfied, if the other conditions in subsection (b) are satisfied.

      (3) EFFECT OF SPECIFIED CERTIFICATION- Funds made available under section 912(b)(3) upon a certification made under this section with respect to the United Nations or a particular designated specialized agency shall be limited to that portion of the funds available under that section that is allocated for the organization with respect to which the certification is made and for any other organization to which none of the conditions in subsection (b) apply.

      (4) LIMITATION- A certification described in this section shall not be made by the Secretary if the Secretary determines that any of the conditions set forth in sections 921 and 931 are no longer satisfied.

    (b) CONDITIONS- The conditions under this subsection are the following:

      (1) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET- The share of the total of all assessed contributions for the regular budget of the United Nations, or any designated specialized agency of the United Nations, does not exceed 20 percent for any single United Nations member.

      (2) INSPECTORS GENERAL FOR CERTAIN ORGANIZATIONS-

        (A) ESTABLISHMENT OF OFFICES- Each designated specialized agency has established an independent office of inspector general to conduct and supervise objective audits, inspections, and investigations relating to the programs and operations of the organization.

        (B) APPOINTMENT OF INSPECTORS GENERAL- The Director General of each designated specialized agency has appointed an inspector general, with the approval of the member states, and that appointment was made principally on the basis of the appointee’s integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.

        (C) ASSIGNED FUNCTIONS- Each inspector general appointed under subparagraph (A) is authorized to--

          (i) make investigations and reports relating to the administration of the programs and operations of the agency concerned;

          (ii) have access to all records, documents, and other available materials relating to those programs and operations of the agency concerned; and

          (iii) have direct and prompt access to any official of the agency concerned.

        (D) COMPLAINTS- Each designated specialized agency has procedures in place designed to protect the identity of, and to prevent reprisals against, any staff member making a complaint or disclosing information to, or cooperating in any investigation or inspection by, the inspector general of the agency.

        (E) COMPLIANCE WITH RECOMMENDATIONS- Each designated specialized agency has in place procedures designed to ensure compliance with the recommendations of the inspector general of the agency.

        (F) AVAILABILITY OF REPORTS- Each designated specialized agency has in place procedures to ensure that all annual and other relevant reports submitted by the inspector general to the agency are made available to the member states without modification except to the extent necessary to protect the privacy rights of individuals.

      (3) NEW BUDGET PROCEDURES FOR THE UNITED NATIONS- The United Nations has established and is implementing budget procedures that--

        (A) require the maintenance of a budget not in excess of the level agreed to by the General Assembly at the beginning of each United Nations budgetary biennium, unless increases are agreed to by consensus; and

        (B) require the system-wide identification of expenditures by functional categories such as personnel, travel, and equipment.

      (4) SUNSET POLICY FOR CERTAIN UNITED NATIONS PROGRAMS-

        (A) EXISTING AUTHORITY- The Secretary General and the Director General of each designated specialized agency have used their existing authorities to require program managers within the United Nations Secretariat and the Secretariats of the designated specialized agencies to conduct evaluations of United Nations programs approved by the General Assembly, and of programs of the designated specialized agencies, in accordance with the standardized methodology referred to in subparagraph (B).

        (B) DEVELOPMENT OF EVALUATION CRITERIA-

          (i) UNITED NATIONS- The Office of Internal Oversight Services has developed a standardized methodology for the evaluation of United Nations programs approved by the General Assembly, including specific criteria for determining the continuing relevance and effectiveness of the programs.

          (ii) DESIGNATED SPECIALIZED AGENCIES- Patterned on the work of the Office of Internal Oversight Services of the United Nations, each designated specialized agency has developed a standardized methodology for the evaluation of the programs of the agency, including specific criteria for determining the continuing relevance and effectiveness of the programs.

        (C) PROCEDURES- Consistent with the July 16, 1997, recommendations of the Secretary General regarding a sunset policy and results-based budgeting for United Nations programs, the United Nations and each designated specialized agency has established and is implementing procedures--

          (i) requiring the Secretary General or the Director General of the agency, as the case may be, to report on the results of evaluations referred to in this paragraph, including the identification of programs that have met criteria for continuing relevance and effectiveness and proposals to terminate or modify programs that have not met such criteria; and

          (ii) authorizing an appropriate body within the United Nations or the agency, as the case may be, to review each evaluation referred to in this paragraph and report to the General Assembly on means of improving the program concerned or on terminating the program.

        (D) UNITED STATES POLICY- It shall be the policy of the United States to seek adoption by the United Nations of a resolution requiring that each United Nations program approved by the General Assembly, and to seek adoption by each designated specialized agency of a resolution requiring that each program of the agency, be subject to an evaluation referred to in this paragraph and have a specific termination date so that the program will not be renewed unless the evaluation demonstrates the continuing relevance and effectiveness of the program.

        (E) DEFINITION- For purposes of this paragraph, the term ‘United Nations program approved by the General Assembly’ means a program approved by the General Assembly of the United Nations which is administered or funded by the United Nations.

      (5) UNITED NATIONS ADVISORY COMMITTEE ON ADMINISTRATIVE AND BUDGETARY QUESTIONS-

        (A) IN GENERAL- The United States has a seat on the United Nations Advisory Committee on Administrative and Budgetary Questions or the five largest member contributors each have a seat on the Advisory Committee.

        (B) DEFINITION- As used in this paragraph, the term ‘5 largest member contributors’ means the 5 United Nations member states that, during a United Nations budgetary biennium, have more total assessed contributions than any other United Nations member state to the aggregate of the United Nations regular budget and the budget (or budgets) for United Nations peacekeeping operations.

      (6) ACCESS BY THE GENERAL ACCOUNTING OFFICE- The United Nations has in effect procedures providing access by the United States General Accounting Office to United Nations financial data to assist the Office in performing nationally mandated reviews of United Nations operations.

      (7) PERSONNEL-

        (A) APPOINTMENT AND SERVICE OF PERSONNEL- The Secretary General--

          (i) has established and is implementing procedures that ensure that staff employed by the United Nations is appointed on the basis of merit consistent with Article 101 of the United Nations Charter; and

          (ii) is enforcing those contractual obligations requiring worldwide availability of all professional staff of the United Nations to serve and be relocated based on the needs of the United Nations.

        (B) CODE OF CONDUCT- The General Assembly has adopted, and the Secretary General has the authority to enforce and is effectively enforcing, a code of conduct binding on all United Nations personnel, including the requirement of financial disclosure statements binding on senior United Nations personnel and the establishment of rules against nepotism that are binding on all United Nations personnel.

        (C) PERSONNEL EVALUATION SYSTEM- The United Nations has adopted and is enforcing a personnel evaluation system.

        (D) PERIODIC ASSESSMENTS- The United Nations has established and is implementing a mechanism to conduct periodic assessments of the United Nations payroll to determine total staffing, and the results of such assessments are reported in an unabridged form to the General Assembly.

        (E) REVIEW OF UNITED NATIONS ALLOWANCE SYSTEM- The United States has completed a thorough review of the United Nations personnel allowance system. The review shall include a comparison of that system with the United States civil service system, and shall make recommendations to reduce entitlements to allowances and allowance funding levels from the levels in effect on January 1, 1998.

      (8) REDUCTION IN BUDGET AUTHORITIES- The designated specialized agencies have achieved zero nominal growth in their biennium budgets for 2000-01 from the 1998-99 biennium budget levels of the respective agencies.

      (9) NEW BUDGET PROCEDURES AND FINANCIAL REGULATIONS- Each designated specialized agency has established procedures to--

        (A) require the maintenance of a budget that does not exceed the level agreed to by the member states of the organization at the beginning of each budgetary biennium, unless increases are agreed to by consensus;

        (B) require the identification of expenditures by functional categories such as personnel, travel, and equipment; and

        (C) require approval by the member states of the agency’s supplemental budget requests to the Secretariat in advance of expenditures under those requests.

      (10) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET FOR THE DESIGNATED SPECIALIZED AGENCIES- The share of the total of all assessed contributions for any designated specialized agency does not exceed 22 percent for any single member of the agency.

Subtitle C--Miscellaneous Provisions

SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.

    Except as otherwise specifically provided, nothing in this title may be construed to make available funds in violation of any provision of law containing a specific prohibition or restriction on the use of the funds, including section 114 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 22 U.S.C. 287e note), section 151 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section 404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note).

SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS WITHDRAWN OR RESCINDED FUNDING.

    None of the funds authorized to be appropriated by this title shall be used to pay any arrearage for--

      (1) the United Nations Industrial Development Organization;

      (2) any costs to merge that organization into the United Nations;

      (3) the costs associated with any other organization of the United Nations from which the United States has withdrawn including the costs of the merger of such organization into the United Nations; or

      (4) the World Tourism Organization, or any other international organization with respect to which Congress has rescinded funding.

DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the ‘Arms Control, Nonproliferation, and Security Assistance Act of 1999’.

TITLE XI--ARMS CONTROL AND NONPROLIFERATION

SEC. 1101. SHORT TITLE.

    This title may be cited as the ‘Arms Control and Nonproliferation Act of 1999’.

SEC. 1102. DEFINITIONS.

    In this title:

      (1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

      (2) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the position of Assistant Secretary of State for Verification and Compliance designated under section 1112.

      (3) EXECUTIVE AGENCY- The term ‘Executive agency’ has the meaning given the term in section 105 of title 5, United States Code.

      (4) INTELLIGENCE COMMUNITY- The term ‘intelligence community’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

      (5) START TREATY OR TREATY- The term ‘START Treaty’ or ‘Treaty’ means the Treaty With the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, including all agreed statements, annexes, protocols, and memoranda, signed at Moscow on July 31, 1991.

      (6) START II TREATY- The term ‘START II Treaty’ means the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms, and related protocols and memorandum of understanding, signed at Moscow on January 3, 1993.

Subtitle A--Arms Control

CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL AGREEMENTS

SEC. 1111. KEY VERIFICATION ASSETS FUND.

    (a) IN GENERAL- The Secretary of State is authorized to transfer funds available to the Department of State under this section to the Department of Defense, the Department of Energy, or any agency, entity, or component of the intelligence community, as needed, for retaining, researching, developing, or acquiring technologies or programs relating to the verification of arms control, nonproliferation, and disarmament agreements or commitments.

    (b) PROHIBITION ON REPROGRAMMING- Notwithstanding any other provision of law, funds made available to carry out this section may not be used for any purpose other than the purposes specified in subsection (a).

    (c) FUNDING- Of the total amount of funds authorized to be appropriated to the Department of State by this Act for the fiscal years 2000 and 2001, $5,000,000 is authorized to be available for each such fiscal year to carry out subsection (a).

    (d) DESIGNATION OF FUND- Amounts made available under subsection (c) may be referred to as the ‘Key Verification Assets Fund’.

SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND COMPLIANCE.

    (a) DESIGNATION OF POSITION- The Secretary of State shall designate one of the Assistant Secretaries of State authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State for Verification and Compliance. The Assistant Secretary shall report to the Under Secretary of State for Arms Control and International Security.

    (b) DIRECTIVE GOVERNING THE ASSISTANT SECRETARY OF STATE-

      (1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, the Secretary of State shall issue a directive governing the position of the Assistant Secretary.

      (2) ELEMENTS OF THE DIRECTIVE- The directive issued under paragraph (1) shall set forth, consistent with this section--

        (A) the duties of the Assistant Secretary;

        (B) the relationships between the Assistant Secretary and other officials of the Department of State;

        (C) any delegation of authority from the Secretary of State to the Assistant Secretary; and

        (D) such matters as the Secretary considers appropriate.

    (c) DUTIES-

      (1) IN GENERAL- The Assistant Secretary shall have as his principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to verification and compliance with international arms control, nonproliferation, and disarmament agreements or commitments.

      (2) PARTICIPATION OF THE ASSISTANT SECRETARY-

        (A) PRIMARY ROLE- Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or his designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on verification or compliance matters, including interagency intelligence committees concerned with the development or exploitation of measurement or signals intelligence or other national technical means of verification.

        (B) REQUIREMENT FOR DESIGNATION- Subparagraph (A) shall not apply to groups or organizations on which the Secretary of State or the Undersecretary of State for Arms Control and International Security sits, unless such official designates the Assistant Secretary to attend in his stead.

        (C) NATIONAL SECURITY LIMITATION-

          (i) WAIVER BY PRESIDENT- The President may waive the provisions of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States.

          (ii) WAIVER BY OTHERS- With respect to an interagency group or organization, or meeting thereof, working with exceptionally sensitive information contained in compartments under the control of the Director of Central Intelligence, the Secretary of Defense, or the Secretary of Energy, such Director or Secretary, as the case may be, may waive the provision of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States.

          (iii) TRANSMISSION OF WAIVER TO CONGRESS- Any waiver of participation under clause (i) or (ii) shall be transmitted in writing to the appropriate committees of Congress.

      (3) RELATIONSHIP TO THE INTELLIGENCE COMMUNITY- The Assistant Secretary shall be the principal policy community representative to the intelligence community on verification and compliance matters.

      (4) REPORTING RESPONSIBILITIES- The Assistant Secretary shall have responsibility within the Department of State for--

        (A) all reports required pursuant to section 306 of the Arms Control and Disarmament Act (22 U.S.C. 2577);

        (B) so much of the report required under paragraphs (4) through (6) of section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)(4) through (6)) as relates to verification or compliance matters; and

        (C) other reports being prepared by the Department of State as of the date of enactment of this Act relating to arms control, nonproliferation, or disarmament verification or compliance matters.

SEC. 1113. ENHANCED ANNUAL (‘PELL’) REPORT.

    (a) ANNUAL REPORT- Section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) is amended--

      (1) in paragraph (4)--

        (A) by inserting ‘or commitments, including the Missile Technology Control Regime,’ after ‘agreements’ the first time it appears;

        (B) by inserting ‘or commitments’ after ‘agreements’ the second time it appears;

        (C) by inserting ‘or commitment’ after ‘agreement’; and

        (D) by striking ‘and’ at the end;

      (2) by striking the period at the end of paragraph (5) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(6) a specific identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms control, nonproliferation, and disarmament agreements with the United States.’.

    (b) ADDITIONAL REQUIREMENT- Section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a) is amended by adding at the end the following:

    ‘(d) Each report required by this section shall include a discussion of each significant issue described in subsection (a)(6) that was contained in a previous report issued under this section during 1995, or after December 31, 1995, until the question or concern has been resolved and such resolution has been reported in detail to the appropriate committees of Congress (as defined in section 1102(1) of the Arms Control, Non-Proliferation, and Security Assistance Act of 1999).’.

SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.

    (a) REPORT- Not later than 180 days after the date of enactment of this Act, the Director of Central Intelligence shall submit to the appropriate committees of Congress a detailed report in classified form. Such report shall include the following:

      (1) A comprehensive identification of all monitoring activities associated with the START Treaty and the START II Treaty.

      (2) The specific intelligence community assets and capabilities, including analytical capabilities, that the Senate was informed, prior to the Senate giving its advice and consent to ratification of the treaties, would be necessary to accomplish those activities.

      (3) An identification of the extent to which those assets and capabilities have, or have not, been attained or retained, and the corresponding effect this has had upon United States monitoring confidence levels.

      (4) An assessment of any Russian activities relating to the START Treaty which have had an impact upon the ability of the United States to monitor Russian adherence to the Treaty.

    (b) COMPARTMENTED ANNEX- Exceptionally sensitive, compartmented information in the report required by this section may be provided in a compartmented annex submitted to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1115. STANDARDS FOR VERIFICATION.

    (a) VERIFICATION OF COMPLIANCE- Section 306(a) of the Arms Control and Disarmament Act (22 U.S.C. 2577(a)) is amended in the matter preceding paragraph (1) by striking ‘adequately’.

    (b) ASSESSMENTS UPON REQUEST- Section 306 of the Arms Control and Disarmament Act (22 U.S.C. 2577) is amended--

      (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

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

    ‘(b) ASSESSMENTS UPON REQUEST- Upon the request of the chairman or ranking minority member of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, in case of an arms control, nonproliferation, or disarmament proposal presented to a foreign country by the United States or presented to the United States by a foreign country, the Secretary of State shall submit a report to the Committee on the degree to which elements of the proposal are capable of being verified.’.

SEC. 1116. CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.

    The United States Government shall, to the maximum extent practicable, make available to the public in real time, or as quickly as possible, all raw seismological data provided to the United States Government by any international organization that is directly responsible for seismological monitoring.

SEC. 1117. PROTECTION OF UNITED STATES COMPANIES.

    (a) REIMBURSEMENT- During the 2-year period beginning on the date of the enactment of this Act, the United States National Authority (as designated pursuant to section 101 of the Chemical Weapons Convention Implementation Act of 1998 (as contained in division I of Public Law 105-277)) shall, upon request of the Director of the Federal Bureau of Investigation, reimburse the Federal Bureau of Investigation for all costs incurred by the Bureau for such period in connection with implementation of section 303(b)(2)(A) of that Act, except that such reimbursement may not exceed $2,000,000 for such 2-year period.

    (b) REPORT- Not later than 180 days prior to the expiration of the 2-year period described in subsection (a), the Director of the Federal Bureau of Investigation shall prepare and submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on how activities under section 303(b)(2)(A) of the Chemical Weapons Convention Implementation Act of 1998 will be fully funded and implemented by the Federal Bureau of Investigation notwithstanding the expiration of the 2-year period described in subsection (a).

SEC. 1118. REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.

    Whenever a United States delegation engaging in negotiations on arms control, nonproliferation, or disarmament submits to the Secretary of State a summary of the activities of the delegation or the status of those negotiations, a copy of each such summary shall be further transmitted by the Secretary of State to the Committee on Foreign Relations of the Senate and to the Committee on International Relations of the House of Representatives promptly.

CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS

SEC. 1121. SHORT TITLE.

    This chapter may be cited as the ‘National Security and Corporate Fairness under the Biological Weapons Convention Act’.

SEC. 1122. DEFINITIONS.

    In this chapter:

      (1) BIOLOGICAL WEAPONS CONVENTION- The term ‘Biological Weapons Convention’ means the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.

      (2) COMPLIANCE PROTOCOL- The term ‘compliance protocol’ means that segment of a bilateral or multilateral agreement that enables investigation of questions of compliance entailing written data or visits to facilities to monitor compliance.

    (3) INDUSTRY- The term ‘industry’ means any corporate or private sector entity engaged in the research, development, production, import, and export of peaceful pharmaceuticals and bio-technological and related products.

SEC. 1123. FINDINGS.

    Congress makes the following findings:

      (1) The threat of biological weapons and their proliferation is one of the greatest national security threats facing the United States.

      (2) The threat of biological weapons and materials represents a serious and increasing danger to people around the world.

      (3) Biological weapons are relatively inexpensive to produce, can be made with readily available expertise and equipment, do not require much space to make and can therefore be readily concealed, do not require unusual raw materials or materials not readily available for legitimate purposes, do not require the maintenance of stockpiles, or can be delivered with low-technology mechanisms, and can effect widespread casualties even in small quantities.

      (4) Unlike other weapons of mass destruction, biological materials capable of use as weapons can occur naturally in the environment and are also used for medicinal or other beneficial purposes.

      (5) Biological weapons are morally reprehensible, prompting the United States Government to halt its offensive biological weapons program in 1969, subsequently destroy its entire biological weapons arsenal, and maintain henceforth only a robust defensive capacity.

      (6) The Senate gave its advice and consent to ratification of the Biological Weapons Convention in 1974.

      (7) The Director of the Arms Control and Disarmament Agency explained, at the time of the Senate’s consideration of the Biological Weapons Convention, that the treaty contained no verification provisions because verification would be ‘difficult’.

      (8) A compliance protocol has now been proposed to strengthen the 1972 Biological Weapons Convention.

      (9) The resources needed to produce, stockpile, and store biological weapons are the same as those used in peaceful industry facilities to discover, develop, and produce medicines.

      (10) The raw materials of biological agents are difficult to use as an indicator of an offensive military program because the same materials occur in nature or can be used to produce a wide variety of products.

      (11) Some biological products are genetically manipulated to develop new commercial products, optimizing production and ensuring the integrity of the product, making it difficult to distinguish between legitimate commercial activities and offensive military activities.

      (12) Only a small culture of a biological agent and some growth medium are needed to produce a large amount of biological agents with the potential for offensive purposes.

      (13) The United States pharmaceutical and biotechnology industries are a national asset and resource that contribute to the health and well-being of the American public as well as citizens around the world.

      (14) One bacterium strain can represent a large proportion of a company’s investment in a pharmaceutical product and thus its potential loss during an arms control monitoring activity could conceivably be worth billions of dollars.

      (15) Biological products contain proprietary genetic information.

      (16) The proposed compliance regime for the Biological Weapons Convention entails new data reporting and investigation requirements for industry.

      (17) A compliance regime which contributes to the control of biological weapons and materials must have a reasonable chance of success in reducing the risk of production, stockpiling, or use of biological weapons while protecting the reputations, intellectual property, and confidential business information of legitimate companies.

SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

    (a) NATIONAL SECURITY TRIAL INVESTIGATIONS AND TRIAL VISITS- The President shall conduct a series of national security trial investigations and trial visits, both during and following negotiations to develop a compliance protocol to the Biological Weapons Convention, with the objective of ensuring that the compliance procedures of the protocol are effective and adequately protect the national security of the United States. These trial investigations and trial visits shall be conducted at such sites as United States Government facilities, installations, and national laboratories.

    (b) UNITED STATES INDUSTRY TRIAL INVESTIGATIONS AND TRIAL VISITS- The President shall take all appropriate steps to conduct or sponsor a series of United States industry trial investigations and trial visits, both during and following negotiations to develop a compliance protocol to the Biological Weapons Convention, with the objective of ensuring that the compliance procedures of the protocol are effective and adequately protect the national security and the concerns of affected United States industries and research institutions. These trial investigations and trial visits shall be conducted at such sites as academic institutions, vaccine production facilities, and pharmaceutical and biotechnology firms in the United States.

    (c) PARTICIPATION BY DEFENSE DEPARTMENT AND OTHER APPROPRIATE PERSONNEL- The Secretary of Defense and, as appropriate, the Director of the Federal Bureau of Investigation shall make available specialized personnel to participate--

      (1) in each trial investigation or trial visit conducted pursuant to subsection (a); and

      (2) in each trial investigation or trial visit conducted pursuant to subsection (b), except for any investigation or visit in which the host facility requests that such personnel not participate,

    for the purpose of assessing the information security implications of such investigation or visit. The Secretary of Defense, in coordination with the Director of the Federal Bureau of Investigation, shall add to the report required by subsection (d)(2) a classified annex containing an assessment of the risk to proprietary and classified information posed by any investigation or visit procedures in the compliance protocol.

    (d) STUDY-

      (1) IN GENERAL- The President shall conduct a study on the need for investigations and visits under the compliance protocol to the Biological Weapons Convention, including--

        (A) an assessment of risks to national security and United States industry and research institutions of such on-site activities; and

        (B) an assessment of the monitoring results that can be expected from such investigations and visits.

      (2) REPORT- Not later than the date on which a compliance protocol to the Biological Weapons Convention is submitted to the Senate for its advice and consent to ratification, the President shall submit to the Committee on Foreign Relations of the Senate a report, in both unclassified and classified form, setting forth--

        (A) the findings of the study conducted pursuant to paragraph (1); and

        (B) the results of trial investigations and trial visits conducted pursuant to subsections (a) and (b).

Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.

    Section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) is amended to read as follows:

    ‘(c)(1) The Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Commission, and, with regard to subparagraph (B), the Director of Central Intelligence, shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to--

      ‘(A) their activities to carry out the purposes and policies of this Act and to otherwise prevent proliferation, including the proliferation of nuclear, chemical, or biological weapons, or their means of delivery; and

      ‘(B) the current activities of foreign nations which are of significance from the proliferation standpoint.

    ‘(2) For the purposes of this subsection with respect to paragraph (1)(B), the phrase ‘fully and currently informed’ means the transmittal of credible information not later than 60 days after becoming aware of the activity concerned.’.

SEC. 1132. EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.

    (a) PROHIBITION- Except as provided in subsection (b), no assistance may be provided by the United States Government to any person who is involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes.

    (b) EXCEPTION- The prohibition contained in subsection (a) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.

    (a) REPORT ON REDUCTION OF THE STOCKPILE- Not later than 120 days after signing an agreement between the United States and Russia for the disposition of excess weapons plutonium, the Secretary of Energy, with the concurrence of the Secretary of Defense, shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and to the Committee on International Relations and the Committee on Armed Services of the House of Representatives a report--

      (1) detailing plans for United States implementation of such agreement;

      (2) identifying, in classified form, the number of United States warhead ‘pits’ of each type deemed ‘excess’ for the purpose of dismantlement or disposition; and

      (3) describing any implications this may have for the Stockpile Stewardship and Management Program.

    (b) SUBMISSION OF THE FABRICATION FACILITY AGREEMENT PURSUANT TO LAW- Whenever the President submits to Congress the agreement to establish a mixed oxide fuel fabrication or production facility in Russia pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), it is the sense of the Congress that the Secretary of State should be prepared to certify to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House Representatives that--

      (1) arrangements for the establishment of that facility will further United States nuclear nonproliferation objectives and will outweigh the proliferation risks inherent in the use of mixed oxide fuel elements;

      (2) a guaranty has been given by Russia that no fuel elements produced, fabricated, reprocessed, or assembled at such facility, and no sensitive nuclear technology related to such facility, will be exported or supplied by Russia to any country in the event that the United States objects to such export or supply; and

      (3) a guaranty has been given by Russia that the facility and all nuclear materials and equipment therein, and any fuel elements or special nuclear material produced, fabricated, reprocessed, or assembled at that facility, including fuel elements exported or supplied by Russia to a third party, will be subject to international monitoring and transparency sufficient to ensure that special nuclear material is not diverted.

    (c) DEFINITIONS-

      (1) PRODUCED- The terms ‘produce’ and ‘produced’ have the same meaning that such terms are given under section 11 u. of the Atomic Energy Act of 1954.

      (2) PRODUCTION FACILITY- The term ‘production facility’ has the same meaning that such term is given under section 11 v. of the Atomic Energy Act of 1954.

      (3) SPECIAL NUCLEAR MATERIAL- The term ‘special nuclear material’ has the meaning that such term is given under section 11 aa. of the Atomic Energy Act of 1954.

SEC. 1134. PROVISION OF CERTAIN INFORMATION TO CONGRESS.

    (a) REQUIREMENT TO PROVIDE INFORMATION- The head of each department and agency described in section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to the chairman and ranking minority member of the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in meeting the requirements of subsection (c) or (d) of section 602 of such Act.

    (b) ISSUANCE OF DIRECTIVES- Not later than February 1, 2000, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Director of Central Intelligence, and the Chairman of the Nuclear Regulatory Commission shall issue directives, which shall provide access to information, including information contained in special access programs, to implement their responsibilities under subsections (c) and (d) of section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)). Copies of such directives shall be forwarded promptly to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives upon the issuance of the directives.

SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.

    Section 1523 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180; 42 U.S.C. 2155 note) is amended--

      (1) by striking ‘Congress’ and inserting ‘the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives’; and

      (2) by adding at the end the following:

    ‘(c) CONTENT OF NOTIFICATION- The notification required pursuant to this section shall include--

      ‘(1) a detailed description of the articles or services to be exported or reexported, including a brief description of the capabilities of any article to be exported or reexported;

      ‘(2) an estimate of the number of officers and employees of the United States Government and of United States Government civilian contract personnel expected to be required in such country to carry out the proposed export or reexport;

      ‘(3) the name of each licensee expected to provide the article or service proposed to be sold and a description from the licensee of any offset agreements proposed to be entered into in connection with such sale (if known on the date of transmittal of such statement);

      ‘(4) the projected delivery dates of the articles or services to be exported or reexported; and

      ‘(5) the extent to which the recipient country in the previous two years has engaged in any of the actions specified in subparagraph (A), (B), or (C) of section 129(2) of the Atomic Energy Act of 1954.

SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.

    (a) CLARIFICATION OF REQUIREMENT FOR CONTROL- Section 74 of the Arms Export Control Act (22 U.S.C. 2797c) is amended--

      (1) by inserting ‘(a) IN GENERAL- ’ before ‘For purposes of’; and

      (2) by adding at the end the following:

    ‘(b) INTERNATIONAL UNDERSTANDING DEFINED- For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term ‘international understanding’ means--

      ‘(1) any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act; or

      ‘(2) any specific understanding by a country that, notwithstanding section 73(b) of this Act, the United States retains the right to take the actions under section 73(a)(2) of this Act in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act.’.

    (b) CLARIFICATION OF APPLICABILITY- Section 73(b) of the Arms Export Control Act (22 U.S.C. 2797b(b)) is amended--

      (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right;

      (2) by striking ‘Subsection (a)’ and inserting the following:

      ‘(1) IN GENERAL- Except as provided in paragraph (2), subsection (a)’; and

      (3) by adding at the end the following:

      ‘(2) LIMITATION- Notwithstanding paragraph (1), subsection (a) shall apply to an entity subordinate to a government that engages in exports or transfers described in section 498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)(A)).’.

    (c) ENFORCEMENT ACTIONS- Section 73(c) of the Arms Export Control Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at the end the following: ‘, and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that--

      ‘(1) for any judicial or other enforcement action taken by the MTCR adherent, such action has--

        ‘(A) been comprehensive; and

        ‘(B) been performed to the satisfaction of the United States; and

      ‘(2) with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding’.

    (d) POLICY REPORT- Section 73A of the Arms Export Control Act (22 U.S.C. 2797b-1) is amended--

      (1) by striking ‘Following any action’ and inserting the following:

    ‘(a) POLICY REPORT- Following any action’; and

      (2) by adding at the end the following:

    ‘(b) INTELLIGENCE ASSESSMENT REPORT- At such times that a report is transmitted pursuant to subsection (a), the Director of Central Intelligence shall promptly prepare and submit to the Congress a separate report containing any credible information indicating that the country described in subsection (a) has engaged in any activity identified under subparagraph (A), (B), or (C) of section 73(a)(1) within the previous two years.’.

    (e) MTCR DEFINED- The term ‘MTCR’ means the Missile Technology Control Regime, as defined in section 74(a)(2) of the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).

SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.

    Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.) is amended by inserting after section 73A the following new section:

‘SEC. 73B. AUTHORITY RELATING TO MTCR ADHERENTS.

    ‘Notwithstanding section 73(b), the President may take the actions under section 73(a)(2) under the circumstances described in section 74(b)(2).’.

SEC. 1138. TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE FORMER SOVIET UNION.

    (a) AUTHORIZATION- For fiscal year 2001 and subsequent fiscal years, funds made available under ‘Nonproliferation, Antiterrorism, Demining, and Related Programs’ accounts in annual foreign operations appropriations Acts are authorized to be available for science and technology centers in the independent states of the former Soviet Union assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 5901 et seq.), including the use of those and other funds by any Federal agency having expertise and programs related to the activities carried out by those centers, including the Departments of Agriculture, Commerce, and Health and Human Services and the Environmental Protection Agency.

    (b) AVAILABILITY OF FUNDS- Amounts made available under any provision of law for the activities described in subsection (a) shall be available until expended and may be used notwithstanding any other provision of law.

SEC. 1139. RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND TECHNOLOGY CENTERS.

    (a) IN GENERAL- Support for science and technology centers in the independent states of the former Soviet Union, as authorized by section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and section 1412(b) of the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is authorized for activities described in subsection (b) to support the redirection of former Soviet weapons scientists, especially those with expertise in weapons of mass destruction (nuclear, radiological, chemical, biological), missile and other delivery systems, and other advanced technologies with military applications.

    (b) ACTIVITIES SUPPORTED- Activities supported under subsection (a) include--

      (1) any research activity involving the participation of former Soviet weapons scientists and civilian scientists and engineers, if the participation of the weapons scientists predominates; and

      (2) any program of international exchanges that would provide former Soviet weapons scientists exposure to, and the opportunity to develop relations with, research and industry partners.

TITLE XII--SECURITY ASSISTANCE

SEC. 1201. SHORT TITLE.

    This title may be cited as the ‘Security Assistance Act of 1999’.

Subtitle A--Transfers of Excess Defense Articles

SEC. 1211. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES.

    (a) TRANSPORTATION AND RELATED COSTS- Section 105 of Public Law 104-164 (110 Stat. 1427) is amended by striking ‘1999 and 2000’ and inserting ‘2000 and 2001’.

    (b) EXCESS DEFENSE ARTICLES FOR GREECE AND TURKEY- Section 516(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)) is amended by inserting after ‘four-year period beginning on October 1, 1996,’ the following: ‘and thereafter for the four-period beginning on October 1, 2000,’.

SEC. 1212. EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES.

    (a) USES FOR WHICH FUNDS ARE AVAILABLE- Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2000 and 2001, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of that Act to Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia, Ukraine, and Uzbekistan.

    (b) CONTENT OF CONGRESSIONAL NOTIFICATION- Each notification required to be submitted under section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of a defense article described in subsection (a) shall include an estimate of the amount of funds to be expended under subsection (a) with respect to that transfer.

SEC. 1213. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE ARTICLES.

    Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking ‘$350,000,000’ and inserting ‘$425,000,000’.

Subtitle B--Foreign Military Sales Authorities

SEC. 1221. TERMINATION OF FOREIGN MILITARY TRAINING.

    Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367) is amended by adding at the end the following new sentence: ‘Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.’.

SEC. 1222. SALES OF EXCESS COAST GUARD PROPERTY.

    Section 21(a)(1) of the Arms Export Control Act (22 U.S.C. 2761(a)(1)) is amended in the matter preceding subparagraph (A) by inserting ‘and the Coast Guard’ after ‘Department of Defense’.

SEC. 1223. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES.

    Section 22(d) of the Arms Export Control Act (22 U.S.C. 2762(d)) is amended--

      (1) by striking ‘Procurement contracts’ and inserting ‘(1) Procurement contracts’; and

      (2) by adding at the end the following:

    ‘(2) Direct costs associated with meeting additional or unique requirements of the purchaser shall be allowable under contracts described in paragraph (1). Loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use.’.

SEC. 1224. NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES.

    Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended by adding at the end the following new paragraph:

    ‘(4) The provisions of subsection (b)(5) shall apply to any equipment, article, or service for which a numbered certification has been transmitted to Congress pursuant to paragraph (1) in the same manner and to the same extent as that subsection applies to any equipment, article, or service for which a numbered certification has been transmitted to Congress pursuant to subsection (b)(1). For purposes of such application, any reference in subsection (b)(5) to ‘a letter of offer’ or ‘an offer’ shall be deemed to be a reference to ‘a contract’.’.

SEC. 1225. UNAUTHORIZED USE OF DEFENSE ARTICLES.

    Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following new subsection:

    ‘(g) Any agreement for the sale or lease of any article on the United States Munitions List entered into by the United States Government after the date of enactment of this subsection shall state that the United States Government retains the right to verify credible reports that such article has been used for a purpose not authorized under section 4 or, if such agreement provides that such article may only be used for purposes more limited than those authorized under section 4, for a purpose not authorized under such agreement.’.

Subtitle C--Stockpiling of Defense Articles for Foreign Countries

SEC. 1231. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

    Paragraph (2) of section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended to read as follows:

    ‘(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $60,000,000 for fiscal year 2000.

    ‘(B) Of the amount specified in subparagraph (A), not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand.’.

SEC. 1232. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN THE WAR RESERVES STOCKPILE FOR ALLIES.

    (a) ITEMS IN THE KOREAN STOCKPILE-

      (1) IN GENERAL- Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to the Republic of Korea, in return for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary of State, any or all of the items described in paragraph (2).

      (2) COVERED ITEMS- The items referred to in paragraph (1) are munitions, equipment, and material such as tanks, trucks, artillery, mortars, general purpose bombs, repair parts, ammunition, barrier material, and ancillary equipment, if such items are--

        (A) obsolete or surplus items;

        (B) in the inventory of the Department of Defense;

        (C) intended for use as reserve stocks for the Republic of Korea; and

        (D) as of the date of the enactment of this Act, located in a stockpile in the Republic of Korea.

    (b) ITEMS IN THE THAILAND STOCKPILE-

      (1) IN GENERAL- Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to Thailand, in return for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary of State, any or all of the items described in paragraph (2).

      (2) COVERED ITEMS- The items referred to in paragraph (1) are munitions, equipment, and material such as tanks, trucks, artillery, mortars, general purpose bombs, repair parts, ammunition, barrier material, and ancillary equipment, if such items are--

        (A) obsolete or surplus items;

        (B) in the inventory of the Department of Defense;

        (C) intended for use as reserve stocks for Thailand; and

        (D) as of the date of the enactment of this Act, located in a stockpile in Thailand.

    (c) VALUATION OF CONCESSIONS- The value of concessions negotiated pursuant to subsections (a) and (b) shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States, and other items of value.

    (d) PRIOR NOTIFICATIONS OF PROPOSED TRANSFERS- Not less than 30 days before making a transfer under the authority of this section, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a detailed notification of the proposed transfer, which shall include an identification of the items to be transferred and the concessions to be received.

    (e) TERMINATION OF AUTHORITY- No transfer may be made under the authority of this section more than 3 years after the date of the enactment of this Act.

Subtitle D--Defense Offsets Disclosure

SEC. 1241. SHORT TITLE.

    This subtitle may be cited as the ‘Defense Offsets Disclosure Act of 1999’.

SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

    (a) FINDINGS- Congress makes the following findings:

      (1) A fair business environment is necessary to advance international trade, economic stability, and development worldwide, is beneficial for American workers and businesses, and is in the United States national interest.

      (2) In some cases, mandated offset requirements can cause economic distortions in international defense trade and undermine fairness and competitiveness, and may cause particular harm to small- and medium-sized businesses.

      (3) The use of offsets may lead to increasing dependence on foreign suppliers for the production of United States weapons systems.

      (4) The offset demands required by some purchasing countries, including some close allies of the United States, equal or exceed the value of the base contract they are intended to offset, mitigating much of the potential economic benefit of the exports.

      (5) Offset demands often unduly distort the prices of defense contracts.

      (6) In some cases, United States contractors are required to provide indirect offsets which can negatively impact nondefense industrial sectors.

      (7) Unilateral efforts by the United States to prohibit offsets may be impractical in the current era of globalization and would severely hinder the competitiveness of the United States defense industry in the global market.

      (8) The development of global standards to manage and restrict demands for offsets would enhance United States efforts to mitigate the negative impact of offsets.

    (b) DECLARATION OF POLICY- It is the policy of the United States to monitor the use of offsets in international defense trade, to promote fairness in such trade, and to ensure that foreign participation in the production of United States weapons systems does not harm the economy of the United States.

SEC. 1243. DEFINITIONS.

    In this subtitle:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--

        (A) the Committee on Foreign Relations of the Senate; and

        (B) the Committee on International Relations of the House of Representatives.

      (2) G-8- The term ‘G-8’ means the group consisting of France, Germany, Japan, the United Kingdom, the United States, Canada, Italy, and Russia established to facilitate economic cooperation among the eight major economic powers.

      (3) OFFSET- The term ‘offset’ means the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services, including benefits such as coproduction, licensed production, subcontracting, technology transfer, in-country procurement, marketing and financial assistance, and joint ventures.

      (4) TRANSATLANTIC ECONOMIC PARTNERSHIP- The term ‘Transatlantic Economic Partnership’ means the joint commitment made by the United States and the European Union to reinforce their close relationship through an initiative involving the intensification and extension of multilateral and bilateral cooperation and common actions in the areas of trade and investment.

      (5) WASSENAAR ARRANGEMENT- The term ‘Wassenaar Arrangement’ means the multilateral export control regime in which the United States participates that seeks to promote transparency and responsibility with regard to transfers of conventional armaments and sensitive dual-use items.

      (6) WORLD TRADE ORGANIZATION- The term ‘World Trade Organization’ means the organization established pursuant to the WTO Agreement.

      (7) WTO AGREEMENT- The term ‘WTO Agreement’ means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.

SEC. 1244. SENSE OF CONGRESS.

    It is the sense of Congress that--

      (1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions between the United States and its trading partners and competitors;

      (2) the Secretary of Defense, the Secretary of State, the Secretary of Commerce, and the United States Trade Representative, or their designees, should raise with other industrialized nations at every suitable venue the need for transparency and reasonable standards to govern the role of offsets in international defense trade;

      (3) the United States Government should enter into discussions regarding the establishment of multilateral standards for the use of offsets in international defense trade through the appropriate multilateral fora, including such organizations as the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization; and

      (4) the United States Government, in entering into the discussions described in paragraph (3), should take into account the distortions produced by the provision of other benefits and subsidies, such as export financing, by various countries to support defense trade.

SEC. 1245. REPORTING OF OFFSET AGREEMENTS.

    (a) INITIAL REPORTING OF OFFSET AGREEMENTS-

      (1) GOVERNMENT-TO-GOVERNMENT SALES- Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in subparagraph (C) of the fifth sentence, by striking ‘and a description’ and all that follows and inserting ‘and a description of any offset agreement with respect to such sale;’.

      (2) COMMERCIAL SALES- Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended in the second sentence, by striking ‘(if known on the date of transmittal of such certification)’ and inserting ‘and a description of any such offset agreement’.

    (b) CONFIDENTIALITY OF INFORMATION RELATING TO OFFSET AGREEMENTS- Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--

      (1) by redesignating the second subsection (e) (as added by section 155 of Public Law 104-164) as subsection (f); and

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

    ‘(g) Information relating to offset agreements provided pursuant to subparagraph (C) of the fifth sentence of subsection (b)(1) and the second sentence of subsection (c)(1) shall be treated as confidential information in accordance with section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)).’.

SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.

    (a) IN GENERAL- Section 39A(a) of the Arms Export Control Act (22 U.S.C. 2779a(a)) is amended--

      (1) by inserting ‘or licensed’ after ‘sold’; and

      (2) by inserting ‘or export’ after ‘sale’.

    (b) DEFINITION OF UNITED STATES PERSON- Section 39A(d)(3)(B)(ii) of the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by inserting ‘or by an entity described in clause (i)’ after ‘subparagraph (A)’.

SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

    (a) IN GENERAL- There is established a National Commission on the Use of Offsets in Defense Trade (in this section referred to as the ‘Commission’) to address all aspects of the use of offsets in international defense trade.

    (b) COMMISSION MEMBERSHIP- Not later than 120 days after the date of enactment of this Act, the President, with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, shall appoint 11 individuals to serve as members of the Commission. Commission membership shall include--

      (1) representatives from the private sector, including--

        (A) one each from--

          (i) a labor organization,

          (ii) a United States defense manufacturing company dependent on foreign sales,

          (iii) a United States company dependent on foreign sales that is not a defense manufacturer, and

          (iv) a United States company that specializes in international investment, and

        (B) two members from academia with widely recognized expertise in international economics; and

      (2) five members from the executive branch, including a member from--

        (A) the Office of Management and Budget,

        (B) the Department of Commerce,

        (C) the Department of Defense,

        (D) the Department of State, and

        (E) the Department of Labor.

    The member designated from the Office of Management and Budget shall serve as Chairperson of the Commission. The President shall ensure that the Commission is nonpartisan and that the full range of perspectives on the subject of offsets in the defense industry is adequately represented.

    (c) DUTIES- The Commission shall be responsible for reviewing and reporting on--

      (1) the full range of current practices by foreign governments in requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contractors;

      (2) the impact of the use of offsets on defense subcontractors and nondefense industrial sectors affected by indirect offsets; and

      (3) the role of offsets, both direct and indirect, on domestic industry stability, United States trade competitiveness and national security.

    (d) COMMISSION REPORT- Not later than 12 months after the Commission is established, the Commission shall submit a report to the appropriate congressional committees. In addition to the items described under subsection (c), the report shall include--

      (1) an analysis of--

        (A) the collateral impact of offsets on industry sectors that may be different than those of the contractor providing the offsets, including estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors;

        (B) the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohibited or limited; and

        (C) the impact on United States national security, and upon United States nonproliferation objectives, of the use of coproduction, subcontracting, and technology transfer with foreign governments or companies that results from fulfilling offset requirements, with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology;

      (2) proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and

      (3) an identification of the appropriate executive branch agencies to be responsible for monitoring the use of offsets in international defense trade.

    (e) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

    (f) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

    (g) MEETINGS- The Commission shall meet at the call of the Chairman.

    (h) COMMISSION PERSONNEL MATTERS-

      (1) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

      (2) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

      (3) STAFF-

        (A) IN GENERAL- The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

        (B) COMPENSATION- The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

      (4) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

      (5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

    (i) TERMINATION- The Commission shall terminate 30 days after the transmission of the report from the President as mandated in section 1248(b).

SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

    (a) IN GENERAL- The President shall initiate a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions that are considered injurious to the economy of the United States.

    (b) REPORT REQUIRED- Not later than 90 days after the date on which the Commission submits the report required under section 1247(d), the President shall submit to the appropriate congressional committees a report containing the President’s determination pursuant to subsection (a), and, if the President determines a multilateral treaty is feasible or desirable, a strategy for United States negotiation of such a treaty. One year after the date the report is submitted under the preceding sentence, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report detailing the progress toward reaching such a treaty.

    (c) REQUIRED INFORMATION- The report required by subsection (b) shall include--

      (1) a description of the United States efforts to pursue multilateral negotiations on standards for the use of offsets in international defense trade;

      (2) an evaluation of existing multilateral fora as appropriate venues for establishing such negotiations;

      (3) a description on a country-by-country basis of any United States efforts to engage in negotiations to establish bilateral treaties or agreements with respect to the use of offsets in international defense trade; and

      (4) an evaluation on a country-by-country basis of any foreign government efforts to address the use of offsets in international defense trade.

    (d) COMPTROLLER GENERAL REVIEW- The Comptroller General of the United States shall monitor and periodically report to Congress on the progress in reaching a multilateral treaty.

Subtitle E--Automated Export System Relating to Export Information

SEC. 1251. SHORT TITLE.

    This subtitle may be cited as the ‘Proliferation Prevention Enhancement Act of 1999’.

SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING CERTAIN SHIPPERS’ EXPORT DECLARATIONS.

    (a) AUTHORITY- Section 301 of title 13, United States Code, is amended by adding at the end the following new subsection:

    ‘(h) The Secretary is authorized to require by regulation the filing of Shippers’ Export Declarations under this chapter through an automated and electronic system for the filing of export information established by the Department of the Treasury.’.

    (b) IMPLEMENTING REGULATIONS-

      (1) IN GENERAL- The Secretary of Commerce, with the concurrence of the Secretary of State, shall publish regulations in the Federal Register to require that, upon the effective date of those regulations, exporters (or their agents) who are required to file Shippers’ Export Declarations under chapter 9 of title 13, United States Code, file such Declarations through the Automated Export System with respect to exports of items on the United States Munitions List or the Commerce Control List.

      (2) ELEMENTS OF THE REGULATIONS- The regulations referred to in paragraph (1) shall include at a minimum--

        (A) provision by the Department of Commerce for the establishment of on-line assistance services to be available for those individuals who must use the Automated Export System;

        (B) provision by the Department of Commerce for ensuring that an individual who is required to use the Automated Export System is able to print out from the System a validated record of the individual’s submission, including the date of the submission and a serial number or other unique identifier, where appropriate, for the export transaction; and

        (C) a requirement that the Department of Commerce print out and maintain on file a paper copy or other acceptable back-up record of the individual’s submission at a location selected by the Secretary of Commerce.

    (c) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 270 days after the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and Technology jointly provide a certification to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that a secure Automated Export System available through the Internet that is capable of handling the expected volume of information required to be filed under subsection (b), plus the anticipated volume from voluntary use of the Automated Export System, has been successfully implemented and tested and is fully functional with respect to reporting all items on the United States Munitions List, including their quantities and destinations.

SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

    It is the sense of Congress that exporters (or their agents) who are required to file Shippers’ Export Declarations under chapter 9 of title 13, United States Code, but who are not required under section 1252(b) to file such Declarations using the Automated Export System, should do so.

SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.

    (a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Energy, and the Director of Central Intelligence, shall submit a report to the appropriate committees of Congress setting forth--

      (1) the advisability and feasibility of mandating electronic filing through the Automated Export System for all Shippers’ Export Declarations;

      (2) the manner in which data gathered through the Automated Export System can most effectively be used, consistent with the need to ensure the confidentiality of business information, by other automated licensing systems administered by Federal agencies, including--

        (A) the Defense Trade Application System of the Department of State;

        (B) the Export Control Automated Support System of the Department of Commerce;

        (C) the Foreign Disclosure and Technology Information System of the Department of Defense;

        (D) the Proliferation Information Network System of the Department of Energy;

        (E) the Enforcement Communication System of the Department of the Treasury; and

        (F) the Export Control System of the Central Intelligence Agency; and

      (3) a proposed timetable for any expansion of information required to be filed through the Automated Export System.

    (b) DEFINITION- In this section, the term ‘appropriate committees of Congress’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.

    Notwithstanding any other provision of law, the Secretary of State may use funds appropriated or otherwise made available to the Department of State to employ--

      (1) up to 40 percent of the individuals who are performing services within the Office of Defense Trade Controls of the Department of State in positions classified at GS-14 and GS-15 on the General Schedule under section 5332 of title 5, United States Code; and

      (2) other individuals within the Office at a rate of basic pay that may exceed the maximum rate payable for positions classified at GS-15 on the General Schedule under section 5332 of that title.

SEC. 1256. DEFINITIONS.

    In this subtitle:

      (1) AUTOMATED EXPORT SYSTEM- The term ‘Automated Export System’ means the automated and electronic system for filing export information established under chapter 9 of title 13, United States Code, on June 19, 1995 (60 Federal Register 32040).

      (2) COMMERCE CONTROL LIST- The term ‘Commerce Control List’ has the meaning given the term in section 774.1 of title 15, Code of Federal Regulations.

      (3) SHIPPERS’ EXPORT DECLARATION- The term ‘Shippers’ Export Declaration’ means the export information filed under chapter 9 of title 13, United States Code, as described in part 30 of title 15, Code of Federal Regulations.

      (4) UNITED STATES MUNITIONS LIST- The term ‘United States Munitions List’ means the list of items controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Subtitle F--International Arms Sales Code of Conduct Act of 1999

SEC. 1261. SHORT TITLE.

    This subtitle may be cited as the ‘International Arms Sales Code of Conduct Act of 1999’.

SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

    (a) NEGOTIATIONS- The President shall attempt to achieve the foreign policy goal of an international arms sales code of conduct. The President shall take the necessary steps to begin negotiations within appropriate international fora not later than 120 days after the date of the enactment of this Act. The purpose of these negotiations shall be to establish an international regime to promote global transparency with respect to arms transfers, including participation by countries in the United Nations Register of Conventional Arms, and to limit, restrict, or prohibit arms transfers to countries that do not observe certain fundamental values of human liberty, peace, and international stability.

    (b) CRITERIA- The President shall consider the following criteria in the negotiations referred to in subsection (a):

      (1) PROMOTES DEMOCRACY- The government of the country--

        (A) was chosen by and permits free and fair elections;

        (B) promotes civilian control of the military and security forces and has civilian institutions controlling the policy, operation, and spending of all law enforcement and security institutions, as well as the armed forces;

        (C) promotes the rule of law and provides its nationals the same rights that they would be afforded under the United States Constitution if they were United States citizens; and

        (D) promotes the strengthening of political, legislative, and civil institutions of democracy, as well as autonomous institutions to monitor the conduct of public officials and to combat corruption.

      (2) RESPECTS HUMAN RIGHTS- The government of the country--

        (A) does not persistently engage in gross violations of internationally recognized human rights, including--

          (i) extrajudicial or arbitrary executions;

          (ii) disappearances;

          (iii) torture or severe mistreatment;

          (iv) prolonged arbitrary imprisonment;

          (v) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; and

          (vi) grave breaches of international laws of war or equivalent violations of the laws of war in internal armed conflicts;

        (B) vigorously investigates, disciplines, and prosecutes those responsible for gross violations of internationally recognized human rights;

        (C) permits access on a regular basis to political prisoners by international humanitarian organizations;

        (D) promotes the independence of the judiciary and other official bodies that oversee the protection of human rights;

        (E) does not impede the free functioning of domestic and international human rights organizations; and

        (F) provides access on a regular basis to humanitarian organizations in situations of conflict or famine.

      (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED AGGRESSION- The government of the country is not engaged in acts of armed aggression in violation of international law.

      (4) NOT SUPPORTING TERRORISM- The government of the country does not provide support for international terrorism.

      (5) NOT CONTRIBUTING TO PROLIFERATION OF WEAPONS OF MASS DESTRUCTION- The government of the country does not contribute to the proliferation of weapons of mass destruction.

      (6) REGIONAL LOCATION OF COUNTRY- The country is not located in a region in which arms transfers would exacerbate regional arms races or international tensions that present a danger to international peace and stability.

    (c) REPORTS TO CONGRESS-

      (1) REPORT RELATING TO NEGOTIATIONS- Not later than 6 months after the commencement of the negotiations under subsection (a), and not later than the end of every 6-month period thereafter until an agreement described in subsection (a) is concluded, the President shall report to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate on the progress made during these negotiations.

      (2) HUMAN RIGHTS REPORTS- In the report required in sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(b) and 2304(b)), the Secretary of State shall describe the extent to which the practices of each country evaluated meet the criteria in paragraphs (1)(A) and (2) of subsection (a).

Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

    (a) INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES- The value of a vessel transferred to another country on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by section 1018(a) of the National Defense Authorization Act for Fiscal Year 2000 shall not be counted for the purposes of section 516(g) of the Foreign Assistance Act of 1961 in the aggregate value of excess defense articles transferred to countries under that section in any fiscal year.

    (b) TECHNICAL AND CONFORMING AMENDMENTS- Section 1018 of the National Defense Authorization Act for Fiscal Year 2000 is amended--

      (1) in subsections (a) and (d), by striking ‘Secretary of the Navy’ each place it appears and inserting ‘President’;

      (2) by striking subsection (b); and

      (3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively.

TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. PUBLICATION OF ARMS SALES CERTIFICATIONS.

    (a) IN GENERAL- Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended in the second subsection (e) (as added by section 155 of Public Law 104-164)--

      (1) by inserting ‘in a timely manner’ after ‘to be published’; and

      (2) by striking ‘the full unclassified text of’ and all that follows and inserting the following: ‘the full unclassified text of--

      ‘(1) each numbered certification submitted pursuant to subsection (b);

      ‘(2) each notification of a proposed commercial sale submitted under subsection (c); and

      ‘(3) each notification of a proposed commercial technical assistance or manufacturing licensing agreement submitted under subsection (d).’.

    (b) NOTICE OF CLASSIFIED ARMS SALES-

      (1) GOVERNMENT-TO-GOVERNMENT SALES- Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the sixth sentence by inserting before the period at the end the following: ‘, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information’.

      (2) COMMERCIAL SALES- Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended in the fifth sentence by inserting before the period at the end the following: ‘, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information’.

SEC. 1302. NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF ITEMS ON UNITED STATES MUNITIONS LIST.

    (a) NOTIFICATION REQUIREMENT- Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following:

    ‘(i) As prescribed in regulations issued under this section, a United States person to whom a license has been granted to export an item on the United States Munitions List shall, not later than 15 days after the item is exported, submit to the Department of State a report containing all shipment information, including a description of the item and the quantity, value, port of exit, and end-user and country of destination of the item.’.

    (b) QUARTERLY REPORTS TO CONGRESS- Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--

        (A) in paragraph (11), by striking ‘and’ at the end;

        (B) in paragraph (12), by striking ‘third-party transfers.’ and inserting ‘third-party transfers; and’; and

        (C) by adding after paragraph (12) (but before the last sentence of the subsection), the following:

      ‘(13) a report on all exports of significant military equipment for which information has been provided pursuant to section 38(i).’.

SEC. 1303. ENFORCEMENT OF ARMS EXPORT CONTROL ACT.

    The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended in sections 38(e), 39A(c), and 40(k) by inserting after ‘except that’ each place it appears the following: ‘section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this Act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that’.

SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.

    Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C. 2778(g)(1)(A)(iii)) is amended by adding at the end before the comma the following: ‘or section 2339A of such title (relating to providing material support to terrorists)’.

SEC. 1305. AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S. BOWMAN COUNTY TO USS LST SHIP MEMORIAL, INC.

    (a) FINDINGS- Congress makes the following findings:

      (1) It is the long-standing policy of the United States Government to deny requests for the retransfer of significant military equipment that originated in the United States to private entities.

      (2) In very exceptional circumstances, when the United States public interest would be served by the proposed retransfer and end-use, such requests may be favorably considered.

      (3) Such retransfers to private entities have been authorized in very exceptional circumstances following appropriate demilitarization and receipt of assurances from the private entity that the item to be transferred would be used solely in furtherance of Federal Government contracts or for static museum display.

      (4) Nothing in this section should be construed as a revision of long-standing policy referred to in paragraph (1).

      (5) The Government of Greece has requested the consent of the United States Government to the retransfer of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, Inc.

    (b) AUTHORITY TO CONSENT TO RETRANSFER-

      (1) IN GENERAL- Subject to paragraph (2), the President may consent to the retransfer by the Government of Greece of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, Inc.

      (2) CONDITIONS FOR CONSENT- The President should not exercise the authority under paragraph (1) unless USS LST Memorial, Inc-

        (A) utilizes the vessel for public, nonprofit, museum-related purposes; and

        (B) complies with applicable law with respect to the vessel, including law related to demilitarization of guns prior to transfer and to facilitation of Federal Government monitoring and mitigation of potential environmental hazards associated with aging vessels, and has a demonstrated financial capability to so comply.

SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.

    (a) INFORMATION RELATING TO MILITARY ASSISTANCE AND MILITARY EXPORTS- Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amended to read as follows:

    ‘(b) INFORMATION RELATING TO MILITARY ASSISTANCE AND MILITARY EXPORTS- Each such report shall show the aggregate dollar value and quantity of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947, to each foreign country and international organization. The report shall specify, by category, whether such defense articles--

      ‘(1) were furnished by grant under chapter 2 or chapter 5 of part II of this Act or under any other authority of law or by sale under chapter 2 of the Arms Export Control Act;

      ‘(2) were furnished with the financial assistance of the United States Government, including through loans and guarantees; or

      ‘(3) were licensed for export under section 38 of the Arms Export Control Act.’.

    (b) AVAILABILITY ON INTERNET- Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended by adding at the end the following:

    ‘(d) AVAILABILITY ON INTERNET- All unclassified portions of such report shall be made available to the public on the Internet through the Department of State.’.

SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.

    Chapter 3 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is amended by inserting after section 655 the following:

‘SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.

    ‘(a) ANNUAL REPORT- Not later than January 31 of each year, the Secretary of Defense and the Secretary of State shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to foreign military personnel by the Department of Defense and the Department of State during the previous fiscal year and all such training proposed for the current fiscal year.

    ‘(b) CONTENTS- The report described in subsection (a) shall include the following:

      ‘(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign military personnel provided training and their units of operation, and the location of the training.

      ‘(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activities.

      ‘(3) With respect to United States personnel, the operational benefits to United States forces derived from each military training activity and the United States military units involved in each activity.

    ‘(c) FORM- The report described in subsection (a) shall be in unclassified form but may include a classified annex.

    ‘(d) AVAILABILITY ON INTERNET- All unclassified portions of the report described in subsection (a) shall be made available to the public on the Internet through the Department of State.

    ‘(e) DEFINITION- In this section, the term ‘appropriate congressional committees’ means--

      ‘(1) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and

      ‘(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.’.

SEC. 1308. SECURITY ASSISTANCE FOR THE PHILIPPINES.

    (a) STATEMENT OF POLICY- The Congress declares the following:

      (1) The President should transfer to the Government of the Philippines, on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense articles described in subsection (b).

      (2) The United States should not oppose the transfer of F-5 aircraft by a third country to the Government of the Philippines.

    (b) EXCESS DEFENSE ARTICLES- The excess defense articles described in this subsection are the following:

      (1) UH-1 helicopters and A-4 aircraft.

      (2) Amphibious landing craft, naval patrol vessels (including patrol vessels of the Coast Guard), and other naval vessels (such as frigates), if such vessels are available.

    (c) FUNDING- Of the amounts made available to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763) for fiscal years 2000 and 2001, $5,000,000 for each such fiscal year should be made available for assistance on a grant basis for the Philippines.

SEC. 1309. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.

    (a) LICENSING REGIME-

      (1) ESTABLISHMENT- The Secretary of State shall establish a regulatory regime for the licensing for export of commercial satellites, satellite technologies, their components, and systems which shall include expedited approval, as appropriate, of the licensing for export by United States companies of commercial satellites, satellite technologies, their components, and systems, to NATO allies and major non-NATO allies (as used within the meaning of section 644(q) of the Foreign Assistance Act of 1961).

      (2) REQUIREMENTS- For proposed exports to those nations which meet the requirements of paragraph (1), the regime should include expedited processing of requests for export authorizations that--

        (A) are time-critical, including a transfer or exchange of information relating to a satellite failure or anomaly in-flight or on-orbit;

        (B) are required to submit bids to procurements offered by foreign persons;

        (C) relate to the re-export of unimproved materials, products, or data; or

        (D) are required to obtain launch and on-orbit insurance.

      (3) ADDITIONAL REQUIREMENTS- In establishing the regulatory regime under paragraph (1), the Secretary of State shall ensure that--

        (A) United States national security considerations and United States obligations under the Missile Technology Control Regime are given priority in the evaluation of any license; and

        (B) such time is afforded as is necessary for the Department of Defense, the Department of State, and the United States intelligence community to conduct a review of any license.

    (b) FINANCIAL AND PERSONNEL RESOURCES- Of the funds authorized to be appropriated in section 101(1)(A), $9,000,000 is authorized to be appropriated for the Office of Defense Trade Controls of the Department of State for each of the fiscal years 2000 and 2001, to enable that office to carry out its responsibilities.

    (c) IMPROVEMENT AND ASSESSMENT- The Secretary of State should, not later than 6 months after the date of the enactment of this Act, submit to the Congress a plan for--

      (1) continuously gathering industry and public suggestions for potential improvements in the Department of State’s export control regime for commercial satellites; and

      (2) arranging for the conduct and submission to Congress, not later than 15 months after the date of the enactment of this Act, of an independent review of the export control regime for commercial satellites as to its effectiveness at promoting national security and economic competitiveness.

SEC. 1310. STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT CONTROL ACT.

    (a) STUDY- Not later than 180 days after the date of enactment of this Act, the Secretary of State should submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a study on the performance of the licensing process pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.), with recommendations on how to improve that performance.

    (b) CONTENTS- The study should include the following:

      (1) An analysis of the typology of licenses on which action was completed in 1999. The analysis should provide information on major categories of license requests, including--

        (A) the number for nonautomatic small arms, automatic small arms, technical data, parts and components, and other weapons;

        (B) the percentage of each category staffed to other agencies;

        (C) the average and median time taken for the processing cycle for each category when staffed and not staffed;

        (D) the average time taken by Presidential or National Security Council review or scrutiny, if significant; and

        (E) the average time spent at the Department of State after a decision had been taken on a license but before a contractor was notified of the decision.

      For each major category of license requests under this paragraph, the study should include a breakdown of licenses by country and the identity of each country that has been identified in the past three years pursuant to section 3(e) of the Arms Export Control Act (22 U.S.C. 2753(e)).

      (2) A review of the current computer capabilities of the Department of State relevant to the processing of licenses and its capability to communicate electronically with other agencies and contractors, and what improvements could be made that would speed the process, including the cost for such improvements.

      (3) An analysis of the work load and salary structure for export licensing officers of the Office of Defense Trade Controls of the Department of State as compared to comparable jobs at the Department of Commerce and the Department of Defense.

      (4) Any suggestions of the Department of State relating to resources and regulations, and any relevant statutory changes that might expedite the licensing process while furthering the objectives of the Arms Export Control Act (22 U.S.C. 2751 et seq.).

SEC. 1311. REPORT CONCERNING PROLIFERATION OF SMALL ARMS.

    (a) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report containing--

      (1) an assessment of whether the global trade in small arms poses any proliferation problems, including--

        (A) estimates of the numbers and sources of licit and illicit small arms and light arms in circulation and their origins;

        (B) the challenges associated with monitoring small arms; and

        (C) the political, economic, and security dimensions of this issue, and the threats posed, if any, by these weapons to United States interests, including national security interests;

      (2) an assessment of whether the export of small arms of the type sold commercially in the United States should be considered a foreign policy or proliferation issue;

      (3) a description and analysis of the adequacy of current Department of State activities to monitor and, to the extent possible, ensure adequate control of, both the licit and illicit manufacture, transfer, and proliferation of small arms and light weapons, including efforts to survey and assess this matter with respect to Africa and to survey and assess the scope and scale of the issue, including stockpile security and destruction of excess inventory, in NATO and Partnership for Peace countries;

      (4) a description of the impact of the reorganization of the Department of State made by the Foreign Affairs Reform and Restructuring Act of 1998 on the transfer of functions relating to monitoring, licensing, analysis, and policy on small arms and light weapons, including--

        (A) the integration of and the functions relating to small arms and light weapons of the United States Arms Control and Disarmament Agency with those of the Department of State;

        (B) the functions of the Bureau of Arms Control, the Bureau of Nonproliferation, the Bureau of Political-Military Affairs, the Bureau of International Narcotics and Law Enforcement, regional bureaus, and any other relevant bureau or office of the Department of State, including the allocation of personnel and funds, as they pertain to small arms and light weapons;

        (C) the functions of the regional bureaus of the Department of State in providing information and policy coordination in bilateral and multilateral settings on small arms and light weapons;

        (D) the functions of the Under Secretary of State for Arms Control and International Security pertaining to small arms and light weapons; and

        (E) the functions of the scientific and policy advisory board on arms control, nonproliferation, and disarmament pertaining to small arms and light weapons; and

      (5) an assessment of whether foreign governments are enforcing their own laws concerning small arms and light weapons import and sale, including commitments under the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials or other relevant international agreements.

    (b) DEFINITION- In this section, the term ‘appropriate committees of Congress’ means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on International Relations and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1312. CONFORMING AMENDMENT.

    Subsection (d) of section 248 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1958) is amended by inserting ‘, and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives,’ after ‘congressional defense committees’.