[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2333 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2333
To authorize appropriations for the Department of State, the United
States Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 1993
Mr. Hamilton (for himself, Mr. Berman, and Mr. Gilman) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To authorize appropriations for the Department of State, the United
States Information Agency, and related agencies, to authorize
appropriations for foreign assistance programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
(a) In General.--This Act may be cited as the ``International
Relations Act of 1993''.
(b) Division A.--Division A of this Act may be cited as the ``State
Department, USIA, and Related Agencies Authorization Act, Fiscal Years
1994 and 1995''.
(c) Division B.--Division B of this Act may be cited as the
``Foreign Assistance Authorization Act of 1993''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short titles.
Sec. 2. Table of contents.
DIVISION A--STATE DEPARTMENT, USIA, AND RELATED AGENCIES
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
Part A--Authorization of Appropriations
Sec. 101. Administration of foreign affairs.
Sec. 102. Agency for International Development operating expenses.
Sec. 103. International organizations, programs, and conferences.
Sec. 104. International commissions.
Sec. 105. Migration and refugee assistance.
Sec. 106. Other programs.
Sec. 107. United States Arms Control and Disarmament Agency.
Part B--Authorities and Activities
Sec. 111. Emergencies in the diplomatic and consular service.
Sec. 112. Transfers and reprogrammings.
Sec. 113. Expenses relating to certain international claims and
proceedings.
Sec. 114. Child care facilities at certain posts abroad.
Sec. 115. Notification to Congress of proposed reprogrammings of AID
operating expenses.
Sec. 116. Prohibition on discriminatory contracts.
Sec. 117. Authorized strength of the foreign service.
Sec. 118. Role of the Foreign Service Institute.
Sec. 119. Reporting requirement on American prisoners abroad.
Sec. 120. Consular authorities.
Sec. 121. Requirement for authorization of appropriations for AID.
Sec. 122. Report on consolidation of administrative operations.
Sec. 123. Local guard contracts abroad.
Sec. 124. Visas.
Sec. 125. Consular and diplomatic posts abroad.
Sec. 126. Diplomatic security program.
Part C--Department of State Organization
Sec. 131. Organizing principles.
Sec. 132. Organization of the Department of State.
Sec. 133. Technical and conforming amendments.
Sec. 134. Director General of the Foreign Service.
Part D--Personnel
Sec. 141. Labor-management relations.
Sec. 142. Voluntary retirement incentive program.
Sec. 143. Waiver of limit for certain claims for personal property
damage or loss.
Sec. 144. Salaries of chiefs of mission.
Sec. 145. Senior Foreign Service performance pay.
Sec. 146. Reassignment and retirement of former Presidential
appointees.
Sec. 147. Report on classification of Senior Foreign Service positions.
Sec. 148. Limitation on number of limited career extensions.
Part E--International Organizations
Sec. 161. International Atomic Energy Agency safeguards.
Sec. 162. Agreement on State and local taxation of foreign employees of
public international organizations.
Sec. 163. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 164. International Boundary and Water Commission.
Sec. 165. United States membership in the Asian-Pacific Economic
Cooperation Organization.
Part F--Miscellaneous Provisions
Sec. 181. Women's human rights protection.
Sec. 182. Publishing international agreements.
Sec. 183. Migration and refugee amendments.
Sec. 184. United Nations Security Council membership.
Sec. 185. Performance of longshore work by alien crewmen.
Sec. 186. Interparliamentary exchanges.
Sec. 187. United States policy concerning overseas assistance to
refugees and displaced persons.
Sec. 188. Policy on Middle East arms sales.
Sec. 189. Report on terrorist assets in the United States.
Sec. 190. Sense of Congress concerning United States citizens
victimized by Germany during World War II.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Part A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Part B--International Broadcasting Authorities and Activities
Sec. 211. Short title.
Sec. 212. Findings and declarations.
Sec. 213. Standards.
Sec. 214. Functions.
Sec. 215. Administration.
Sec. 216. USIA satellite and television.
Sec. 217. Repeal of Board for International Broadcasting Act.
Sec. 218. Conforming amendments.
Sec. 219. Israel relay station.
Sec. 220. Requirement for authorization for appropriations.
Sec. 221. Report on advertising.
Part C--USIA and Related Agencies Authorities and Activities
Sec. 231. Security requirements of USIA.
Sec. 232. Employment authority.
Sec. 233. Buying power maintenance account.
Sec. 234. Contract authority.
Sec. 235. Appropriations authorities.
Sec. 236. Funds provided by other sources.
Sec. 237. Technical amendment.
Sec. 238. Separate ledger accounts for NED grantees.
Sec. 239. American studies collection.
Sec. 240. South Pacific exchange programs.
Sec. 241. Coordination of United States exchange programs.
Sec. 242. Limitation concerning participation in international
expositions.
Sec. 243. Private sector opportunities.
Sec. 244. Educational and cultural exchanges with Tibet.
Part D--Mike Mansfield Fellowships
Sec. 251. Short title.
Sec. 252. Establishment of fellowship program.
Sec. 253. Program requirements.
Sec. 254. Separation of government personnel during the fellowships.
Sec. 255. Mansfield fellowship review board.
Sec. 256. Definitions.
Part E--Facilitation of Private Sector Initiatives
Sec. 261. Short title.
Sec. 262. Exchange of information and related transactions.
Sec. 263. Educational, cultural, religious, and scientific activities
and exchanges.
Sec. 264. Establishment of news bureaus.
Sec. 265. Foreign Assistance Act of 1961.
Sec. 266. United Nations Participation Act of 1945.
Sec. 267. Applicability.
TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 301. Purposes
Sec. 302. ACDA Director.
Sec. 303. Special Representatives.
Sec. 304. Negotiations management.
Sec. 305. Participation of ACDA Director in certain deliberations.
Sec. 306. Notification to Congress of proposed reprogrammings by ACDA.
Sec. 307. Requirement for authorization of appropriations.
DIVISION B--FOREIGN ASSISTANCE AND RELATED PROGRAMS
TITLE XI--REFORM OF FOREIGN ASSISTANCE PROGRAMS
Sec. 1101. Need for foreign assistance reform.
Sec. 1102. Evaluation and accountability.
TITLE XII--AUTHORIZATIONS FOR FOREIGN ASSISTANCE PROGRAMS
Sec. 1201. Authorizations of appropriations for fiscal year 1994.
Sec. 1202. Housing guarantee program.
Sec. 1203. Overseas Private Investment Corporation.
Sec. 1204. Special debt reduction authority.
Sec. 1205. Special Defense Acquisition Fund.
TITLE XIII--REGIONAL PROVISIONS
Sec. 1301. Sub-Saharan Africa disaster assistance.
Sec. 1302. African Development Foundation.
Sec. 1303. Conflict resolution initiative for Africa.
Sec. 1304. SADC projects.
Sec. 1305. South Africa.
Sec. 1306. Sudan.
Sec. 1307. Zaire.
Sec. 1308. Afghanistan humanitarian assistance.
Sec. 1309. Multilateral Assistance Initiative for the Philippines.
Sec. 1310. Assistance for Eastern Europe and the Baltics.
Sec. 1311. Assistance for the independent states of the former Soviet
Union.
Sec. 1312. Assistance for Mongolia.
Sec. 1313. Termination of IMET program for Malta.
Sec. 1314. Administration of justice and other law enforcement
assistance programs for Latin America and
the Caribbean.
Sec. 1315. Waiver of Brooke amendment for Nicaragua.
Sec. 1316. Special notification requirements for Guatemala and Peru.
Sec. 1317. Assistance for the Middle East.
Sec. 1318. Military drawdown for Israel.
TITLE XIV--PROVISIONS RELATING TO ARMS TRANSFERS
Sec. 1401. Competitive pricing for sales of defense articles and
services.
Sec. 1402. Increase in aggregate ceiling on transfers of excess defense
articles.
Sec. 1403. Eligibility of East European countries to receive nonlethal
excess defense articles.
Sec. 1404. Exception to payment of full cost for sales of defense
training services to certain countries and
international organizations.
Sec. 1405. Eligibility of major non-NATO allies to receive certain
contract services in connection with sales
of defense articles and services.
Sec. 1406. Additions to war reserve stockpiles for allies.
TITLE XV--OTHER FOREIGN ASSISTANCE PROVISIONS
Sec. 1501. Interest accruing to nongovernmental organizations.
Sec. 1502. Private Sector Revolving Fund.
Sec. 1503. Development assistance through nongovernmental
organizations.
Sec. 1504. Impact of foreign assistance programs on jobs in the United
States.
Sec. 1505. Capital projects.
Sec. 1506. Microenterprise development.
Sec. 1507. Report on AID's implementation of Agenda 21 principles.
Sec. 1508. Authority to provide reconstruction assistance under
international disaster assistance.
DIVISION A--STATE DEPARTMENT, USIA, AND RELATED AGENCIES
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department of State under ``Administration of
Foreign Affairs'' to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States and for other purposes authorized by law, including the
diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State $1,685,047,000
for the fiscal year 1994 and $1,730,543,000 for the fiscal year
1995.
(2) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $446,203,000 for the fiscal year
1994 and $458,250,000 for the fiscal year 1995.
(3) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$406,481,000 for the fiscal year 1994 and $417,523,000 for the
fiscal year 1995.
(4) Buying Power Maintenance Fund.--For ``Buying Power
Maintenance Fund'', $4,000,000 for the fiscal year 1994 and
$4,104,000 for the fiscal year 1995.
(5) Representation allowances.--For ``Representation
Allowances'', $4,881,000 for the fiscal year 1994 and
$5,012,000 for the fiscal year 1995.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service,''
$8,000,000 for the fiscal 1994 and $8,216,000 for the fiscal
year 1995.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $24,055,000 for the fiscal year 1994 and
$24,704,000 for the fiscal year 1995.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,484,000
for the fiscal year 1994 and $15,902,000 for the fiscal year
1995.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,814,000
for the fiscal year 1994 and $11,095,000 for the fiscal year
1995.
(10) Repatriation loans.--For ``Repatriation Loans'',
$817,000 for the fiscal year 1994 and $838,000 for the fiscal
year 1995, for administrative expenses.
(b) Limitations.--
(1) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2)--
(A) $500,000 is authorized to be available for the
fiscal year 1994 and $500,000 for the fiscal year 1995
for the Department of State for the recruitment of
Hispanic American students from United States
institutions of higher education with a high percentage
enrollment of Hispanic Americans and for the training
of Hispanic Americans for careers in the Foreign
Service and in international affairs; and
(B) not more than $100,000,000 for each of the
fiscal years 1994 and 1995 shall be available for the
Bureau of Diplomatic Security.
(2) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection (a)(1),
$10,000,000 is authorized to be available for each of the
fiscal years 1994 and 1995 for grants, contracts, and other
activities to conduct research and promote international
cooperation on environmental and other scientific issues.
(3) Of the amounts authorized to be appropriated for
``Acquisition and Maintenance of Buildings Abroad'' under
subsection (a)(3) and amounts otherwise authorized to be
appropriated, not more than $40,000,000 shall be available for
each of the fiscal years 1994 and 1995 for administration.
(4) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection (a)(1),
$11,500,000 is authorized to be available for fiscal year 1994
and $11,900,000 is authorized to be available for fiscal year
1995, only for administrative expenses associated with the
conduct of refugee programs by the Bureau for Refugee Programs,
or any successor bureau.
SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT OPERATING EXPENSES.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
President, in addition to funds otherwise available for such
purposes--
(A) $ 512,000,000 for the fiscal year 1994 and
$526,902,000 for the fiscal year 1995 for necessary
operating expenses of the agency primarily responsible
for administering part I of Public Law 87-195; and
(B) such amounts as may be necessary for fiscal
year 1994 and fiscal year 1995 for increases in salary,
pay, retirement, and other employee benefits authorized
by law, and for other nondiscretionary costs of the
agency primarily responsible for administering part I
of Public Law 87-195.
(2) Effective October 1, 1993, section 667 of Public Law
87-195 (22 U.S.C. 2427) is repealed.
(b) Operating Expenses, Office of the Inspector General.--There are
authorized to be appropriated to the President, in addition to funds
otherwise available for such purposes--
(1) $ 39,916,000 for fiscal year 1994 and $39,916,000 for
fiscal year 1995 for necessary operating expenses of the Office
of the Inspector General of the agency primarily responsible
for administering part I of Public Law 87-195; and
(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits authorized
by law, and for other nondiscretionary costs of such office.
(c) Availability of Funds.--Amounts appropriated under this section
are authorized to remain available until expended.
(d) Transfer of Funds.--The authorities and limitations of section
109 of Public Law 87-195 apply to funds authorized to be appropriated
under this section.
SEC. 103. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--
(1) There are authorized to be appropriated for
``Contributions to International Organizations'', $935,885,000
for the fiscal year 1994 and $935,053,000 for the fiscal year
1995 for the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of the
foreign affairs of the United States with respect to
international organizations and to carry out other authorities
in law consistent with such purposes.
(2) Of the amounts authorized to be appropriated under
paragraph (1) for fiscal year 1994, not more than $875,885,000
may be obligated or expended in that fiscal year.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$619,736,000 for the fiscal year 1994 and $636,469,000 for the fiscal
year 1995 for the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international peacekeeping
activities and to carry out other authorities in law consistent with
such purposes.
(c) Peacekeeping Operations.--There are authorized to be
appropriated for ``Peacekeeping Operations'', $77,166,000 for the
fiscal year 1994 and $77,166,000 for the fiscal year 1995 for the
Department of State to carry out section 551 of Public Law 87-195.
(d) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences and
Contingencies'', $6,600,000 for the fiscal year 1994 and $6,743,000 for
the fiscal year 1995 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
conferences and contingencies and to carry out other authorities in law
consistent with such purposes.
(e) International Organizations and Programs.--
(1) In general.--There are authorized to be appropriated
for the Department of State for ``International Organizations
and Programs'', $407,750,000 for the fiscal year 1994 and
$392,750,000 for the fiscal year 1995.
(2) United nations population fund.--
(A) Subject to subparagraphs (B) and (C), of the
funds authorized to be appropriated for ``International
Organizations and Programs'' under paragraph (1),
$50,000,000 is authorized to be made available for each
of the fiscal years 1994 and 1995 for the United
Nations Population Fund.
(B) The availability of funds under subparagraph
(A) shall be subject to the following limitations:
(i) None of the funds made available under
subparagraph (A) may be made available for
programs in the People's Republic of China.
(ii) The prohibitions contained in section
104(f) of the Foreign Assistance Act of 1961
(relating to prohibitions on funding for
abortion as a method of family planning,
coercive abortion, and involuntary
sterilization) shall apply to the funds made
available for the United Nations Population
Fund.
(iii) The United Nations Population Fund
shall be required to maintain the funds made
available under subparagraph (A) in a separate
account and not commingle such funds with any
other funds.
(C) Of the funds authorized to be available under
subparagraph (A), for each of the fiscal years 1994 and
1995, $13,784,500 is authorized to be available only if
the President certifies to the Congress that the United
Nations Population Fund has terminated all activities
in the People's Republic of China.
(3) United nations development program.--
(A) Subject to subparagraphs (B) and (C), of the
funds authorized to be appropriated under paragraph (1)
$126,929,000 is authorized to be available for each of
the fiscal years 1994 and 1995 for the United Nations
Development Program.
(B) None of the funds made available under
subparagraph (A) shall be available for programs and
activities in or for Myanmar (Burma).
(C) Of the funds authorized to be available under
subparagraph (A), $32,000,000 for each of the fiscal
years 1994 and 1995 may be available only if the
President certifies to the Congress that the United
Nations Development Program has terminated all programs
and activities in or for Myanmar (Burma).
(4) International atomic energy agency.--
(A) Subject to subparagraph (B), of the amounts
authorized to be appropriated for ``International
Organizations and Programs'' under paragraph (1),
$40,000,000 for fiscal year 1994 and $40,000,000 for
fiscal year 1995 is authorized to be available only for
contributions to the International Atomic Energy
Agency.
(B) Of the amounts authorized to be available under
subparagraph (A), $10,000,000 is authorized to be
available for each of the fiscal years 1994 and 1995
only for the purpose of section 161.
(5) United nations environment program.--Of the amounts
authorized to be appropriated for ``International Organizations
and Programs'' under paragraph (1), $25,000,000 for each of the
fiscal years 1994 and 1995 is authorized to be available for
the United Nations Environment Program.
(6) United nations voluntary fund for the victims of
torture.--Of the amounts authorized to be appropriated for
``International Organizations and Programs'' under paragraph
(1), $1,500,000 for each of the fiscal years 1994 and 1995 is
authorized to be available for the United Nations Voluntary
Fund for the Victims of Torture.
(f) Foreign Currency Exchange Rates.--In addition to amounts
otherwise authorized to be appropriated by subsections (a) and (b) of
this section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1994 and 1995 to offset
adverse fluctuations in foreign currency exchange rates. Amounts
appropriated under this subsection shall be available for obligation
and expenditure only to the extent that the Director of the the Office
of Management and Budget determines and certifies to Congress that such
amounts are necesssary due to such fluctuations.
SEC. 104. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $11,330,000 for
the fiscal year 1994 and $11,767,000 for the fiscal
year 1995; and
(B) for ``Construction'' $14,780,000 for the fiscal
year 1994 and $15,198,000 for the fiscal year 1995.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $760,000 for the fiscal year 1994 and $784,000
for the fiscal year 1995.
(3) International joint commission.--For ``International
Joint Commission'', $3,643,000 for the fiscal year 1994 and
$3,759,000 for the fiscal year 1995.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,200,000 for the
fiscal year 1994 and $14,569,000 for the fiscal year 1995.
SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated for ``Migration
and Refugee Assistance'' for authorized activities,
$593,500,000 for the fiscal year 1994 and $593,500,000 for the
fiscal year 1995.
(2) There are authorized to be appropriated $80,000,000 for
the fiscal year 1994 and $80,000,000 for the fiscal year 1995
for assistance for refugees resettling in Israel.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
SEC. 106. OTHER PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) United states bilateral science and technology
agreements.--For ``United States Bilateral Science and
Technology Agreements'', $4,500,000 for the fiscal year 1994
and $4,617,000 for the fiscal year 1995.
(2) Asia foundation.--For ``Asia Foundation'', $18,693,000
for the fiscal year 1994 and $19,127,000 for the fiscal year
1995.
SEC. 107. UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the purposes of the Arms Control and
Disarmament Act--
(1) $62,500,000 for the fiscal year 1994 and $55,356,000
for the fiscal year 1995; and
(2) such sums as may be necessary for each of the fiscal
years 1994 and 1995 for increases in salary, pay, retirement,
other employee benefits authorized by law, and other
nondiscretionary costs, and to offset adverse fluctuations in
foreign currency exchange rates.
(b) Technical and Conforming Amendments.--Section 49 of the Arms
Control and Disarmament Act (22 U.S.C. 2589) is amended--
(1) by striking subsection (a); and
(2) in the first sentence of subsection (b) by striking
``pursuant to this section'' and inserting ``to carry out this
Act''.
PART B--AUTHORITIES AND ACTIVITIES
SEC. 111. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.
Section 4 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2671) is amended in subsection (c)--
(1) by striking ``and the Foreign Service''; and
(2) by striking ``an annual confidential'' and inserting
``a periodic''.
SEC. 112. TRANSFERS AND REPROGRAMMINGS.
(a) Amendments to Section 24 of the State Department Basic
Authorities Act of 1956.--Section 24 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696) is amended--
(1) in subsection (b)(7) by striking subparagraph (E);
(2) in subsection (d)(1)--
(A) by striking ``the second'' and inserting
``either''; and
(B) by striking ``such second'' and inserting
``such'';
(3) in subsection (d)(2) by amending the first sentence to
read as follows: ``Amounts appropriated for the ``Diplomatic
and Consular Programs'' account may not exceed by more than 5
percent the amount specifically authorized to be appropriated
for such account for a fiscal year.''; and
(4) by striking subsection (d)(4).
(b) Diplomatic Construction Program.--Section 401 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851) is
amended by striking subsections (c) and (h)(3).
SEC. 113. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
Section 38 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2710) is amended by adding at the end the following new
subsections:
``(c) Procurement of Services.--The Secretary of State may use
competitive procedures or procedures other than competitive procedures
to procure the services of experts for use in preparing or prosecuting
a proceeding before an international tribunal or a claim by or against
a foreign government or other foreign entity, whether or not the expert
is expected to testify, or to procure other support services for such
proceedings or claims. The Secretary need not provide any written
justification for the use of procedures other than competitive
procedures when procuring such services under this chapter and need not
furnish for publication in the Commerce Business Daily or otherwise any
notice of solicitation or synopsis with respect to such procurement.
``(d) International Litigation Fund.--
``(1) Establishment.--In order to provide the Department of
State with a dependable, flexible, and adequate source of
funding for the expenses of the Department related to preparing
or prosecuting a proceeding before an international tribunal,
or a claim by or against a foreign government or other foreign
entity, there is established an International Litigation Fund
(hereafter in this subsection referred to as the ``ILF''). The
ILF shall be available without fiscal year limitation. Funds
otherwise available to the Department for the purposes of this
paragraph may be credited to the ILF.
``(2) Reprogramming procedures.--Funds credited to the ILF
shall be treated as a reprogramming of funds under section 34
and shall not be available for obligation or expenditure except
in compliance with the procedures applicable to such
reprogrammings. This paragraph shall not apply to the transfer
of funds under paragraph (3).
``(3) Transfers of funds.--Funds received by the Department
of State from another agency of the United States Government or
pursuant to the Department of State Appropriations Act of 1937
(49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or
prosecuting a proceeding before an international tribunal, or a
claim by or against a foreign government or other foreign
entity, shall be credited to the ILF.
``(4) Use of funds.--Funds deposited in the ILF shall be
available only for the purposes of paragraph (1).''.
SEC. 114. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.
Section 31 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2703) is amended in subsection (e) by striking ``For the
fiscal years 1992 and 1993, the'' and inserting ``The''.
SEC. 115. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS OF AID
OPERATING EXPENSES.
(a) Amendment to the Foreign Assistance Act of 1961.--Section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394) is amended by
adding at the end the following:
``(d) AID Operating Expenses.--
``(1) Congressional notification of certain
reprogrammings.--Unless the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified at least 15 days in advance of the
proposed reprogramming, funds appropriated for the operating
expenses of the agency primarily responsible for administering
part I (including funds appropriated for the operating expenses
of the Office of the Inspector General of that agency) shall
not be available for obligation or expenditure through any
reprogramming of funds that--
``(A) would create or eliminate a program, project,
or activity;
``(B) would increase funds or personnel by any
means for any program, project, or activity for which
funds have been denied or restricted by the Congress;
``(C) would reorganize offices, programs, projects,
or activities among bureaus;
``(D) would involve a reprogramming in excess of
$1,000,000 or 10 percent (whichever is greater) and
would--
``(i) augment existing programs, projects,
or activities,
``(ii) reduce by 10 percent or more the
funding for any existing program, project,
activity, or personnel approved by the
Congress, or
``(iii) result from any general savings
from a reduction in personnel that would result
in a change in existing programs, activities,
or projects approved by the Congress.
``(2) Limitation on end-of-year reprogrammings.--Funds
appropriated for the operating expenses of the agency primarily
responsible for administering part I (including funds
appropriated for the operating expenses of the Office of the
Inspector General of that agency) shall not be available for
obligation or expenditure through any reprogramming described
in paragraph (1) during the last 15 days in which such funds
are available for obligation or expenditure (as the case may
be) unless the notification required by that paragraph was
submitted before that 15-day period.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 1994.
SEC. 116. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--
(1) Except as provided in subsection (b), the Department of
State may not enter into any contract--
(A) with any foreign person that complies with the
Arab League boycott of the State of Israel, or
(B) with any foreign or United States person that
discriminates in the award of subcontracts on the basis
of religion.
(2) For purposes of this section--
(A) a foreign person complies with the boycott of
Israel by Arab countries when that person takes or
knowingly agrees to take any action, with respect to
the boycott of Israel by Arab countries, which section
8(a) of the Export Administration Act of 1979 prohibits
a United States person from taking, except that for
purposes of this paragraph, the term ``United States
person'' as used in subparagraphs (B) and (C) of
section 8(a)(1) of such Act shall be deemed to mean
``person''; and
(B) the term ``foreign person'' means any person
other than a United States person as defined in section
16(2) of the Export Administration Act of 1979.
(b) Waivers by Secretary of State.--The Secretary of State may
waive the prohibition contained in subsection (a)(1)(A) on a country-
by-country basis for a period not to exceed one year upon certification
to the Congress by the Secretary that such waiver is in the national
interest and is necessary to carry on the diplomatic functions of the
United States. Each such certification shall include a detailed
justification for the waiver with respect to each such country.
(c) Responses to Contract Solicitations.--The Secretary of State
shall ensure that any response to a solicitation for a bid or a request
for a proposal, with respect to a contract with the Department of
State, includes the following clause, in substantially the following
form:
``arab boycott of israel
``(a) Definitions.--As used in this clause--
``(1) the term `foreign person' means any person other than
a United States person as defined in paragraph (2); and
``(2) the term `United States person' means any United
States resident or national (other than an individual resident
outside the United States and employed by other than a United
States person), any domestic concern (including any permanent
domestic establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in
fact by such domestic concern, as determined under regulations
of the President.
``(b) Certification.--By submitting this offer, the Offeror
certifies that it is not--
``(1) taking or knowingly agreeing to take any action, with
respect to the boycott of Israel by Arab countries, which
section 8(a) of the Export Administration Act of 1979 (50
U.S.C. App. 2407(a)) prohibits a United States person from
taking; or
``(2) discriminating in the award of subcontracts on the
basis of religion.''.
(d) Submission of Statements.--The Department of State may not
enter into any contract with any person, unless that person has
submitted to the Department of State statements, certified by that
person, indicating whether or not that person--
(1) has answered any questionnaire about its economic or
other relations with Israel;
(2) has agreed to comply with the boycott of Israel by Arab
countries;
(3) has agreed to not do business with Israel or Israeli
firms;
(4) has agreed to take discriminatory actions against any
person based on race, religion, sex, or national origin;
(5) has agreed to furnish information about race, religion,
sex, or national origin;
(6) has agreed to furnish information about business
relationships with Israel or Israeli firms; and
(7) has agreed to furnish information about associations
with charitable and fraternal organizations.
(e) Monitoring Revocation.--
(1) Monitoring.--The Department of State shall monitor
persons making the certifications required by this section,
both before and after entering into any contract with such
person, for the purpose of determining whether or not the
certifications are true.
(2) Revocation.--The Department of State may revoke any
contract entered into with a person whom the Department of
State determines made a false certification under this Act.
SEC. 117. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1994 Levels.--Subject to subsection (c), the
employment and service of Members of the Foreign Service shall be
subject to the following limitations as of September 30, 1994:
(1) Department of State, not to exceed 9,000, of whom not
more than 862 shall be members of the Senior Foreign Service.
(2) United States Information Agency, not to exceed 1,200,
of whom not more than 175 shall be members of the Senior
Foreign Service.
(3) Agency for International Development, not to exceed
1,600 of whom not more than 250 shall be members of the Senior
Foreign Service.
(b) End Fiscal Year 1995 Levels.--Subject to subsection (c), the
employment and service of Members of the Foreign Service shall be
subject to the following limitations as of September 30, 1995:
(1) Department of State, not to exceed 9,000, of whom not
more than 787 shall be members of the Senior Foreign Service.
(2) United States Information Agency, not to exceed 1,200,
of whom not more than 155 shall be members of the Senior
Foreign Service.
(3) Agency for International Development, not to exceed
1,600 of whom not more than 220 shall be members of the Senior
Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' has the meaning of such term under
section 103 of the Foreign Service Act of 1980 (22 U.S.C 3903), except
that such term shall not include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad; and
(3) members of the Service employed on less than a full-
time basis.
SEC. 118. ROLE OF THE FOREIGN SERVICE INSTITUTE.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended by adding at the end the following new subsection:
``(d)(1) The Secretary of State is authorized to provide for the
training and instruction of employees of foreign governments at the
Institute.
``(2) Except as provided in paragraph (3), training and instruction
under paragraph (1) shall be on a reimbursable basis. Reimbursement to
the Institute may be provided by an agency of the United States
Government or by a foreign person.
``(3) The Secretary of State may waive reimbursement by a foreign
government upon a determination that such waiver is in the national
interest.
``(4) The authorities of section 704 shall apply to training and
instruction provided under this section.''.
SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRISONERS ABROAD.
Section 108 of the Foreign Relations Authorization Act, Fiscal Year
1978 (Public Law 95-105) is repealed.
SEC. 120. CONSULAR AUTHORITIES.
(a) Persons Authorized To Issue Passports Abroad.--The Act entitled
``An Act to regulate the issue and validity of passports, and for other
purposes'', approved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) is
amended by striking ``by diplomatic representatives of the United
States, and by such consul generals, consuls, or vice consuls when in
charge,'' and inserting ``by diplomatic and consular officers of the
United States, and by other employees of the Department of State who
are citizens of the United States,''.
(b) Notarial Authority.--The Act entitled ``An Act to provide for
the reorganization of the consular service of the United States'',
approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4221) is amended in
section 7 by adding at the end ``The Secretary of State is authorized
to designate by regulation that certain other employees of the
Department of State who are citizens of the United States may perform
any notarial function authorized to a consular officer of the United
States under this Act.''.
SEC. 121. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS FOR AID.
Public Law 87-195 is amended by inserting after section 667 the
following new section:
``SEC. 668. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
``(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 1994
and for each subsequent fiscal year, any funds appropriated for the
agency primarily responsible for administering part I of this Act shall
not be available for obligation or expenditure--
``(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
``(2) in excess of the authorized level of appropriations.
``(b) Subsequent Authorization.--The limitation under subsection
(a) shall not apply to the extent that an authorization of
appropriations is enacted after such funds are appropriated.
``(c) Application.--The provisions of this section--
``(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
``(2) shall not apply to, or affect in any manner,
permanent appropriations, trust funds, and other similar
accounts which are authorized by law and administered by the
agency primarily responsible for administering part I of this
Act.''.
SEC. 122. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary of State for Administration, jointly with
the Associate Director for Management of the United States Information
Agency and the Associate Administrator for Finance and Administration
of the Agency for International Development, shall submit, to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate, a report concerning the
feasibility of consolidating domestic administrative operations for the
Department of State, the Agency for International Development, and the
United States Information Agency. Such report shall include specific
recommendations for implementation.
SEC. 123. LOCAL GUARD CONTRACTS ABROAD.
Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246) is amended--
(1) in paragraph (2) by striking ``due to their distance
from the post'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
``(4)'' and ``(5)'', respectively; and
(3) by inserting after paragraph (1) the following:
``(2) absent compelling reasons, award such contracts
through competitive bidding;
``(3) in evaluating and scoring proposals for such
contracts, award not less than 60 percent of the total points
on the basis of technical capacity;''.
SEC. 124. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) Notwithstanding any other provision of law, the
Secretary of State is authorized to charge a fee or surcharge
for processing machine readable nonimmigrant visas and machine
readable combined border crossing identification cards and
nonimmigrant visas.
(2) Fees collected under the authority of subsection (a)
shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of
providing consular services. Such fees shall remain available
for obligation until expended.
(3) For fiscal years 1994 and 1995, fees collected under
the authority of paragraph (1) may not exceed a total of
$56,000,000.
(b) Automated Visa Lookout System.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of State shall
implement an upgrade of all overseas visa lookout operations to
computerized systems with automated multiple-name search capabilities.
(c) Processing of Visas for Admission to the United States.--
(1)(A) Whenever a United States consular official issues a
visa for admission to the United States, that official shall
certify, in writing, that a check of the Automated Visa Lookout
System, or any other system or list which maintains information
about the excludability of aliens under the Immigration and
Nationality Act, has been made and that there is no basis under
such system for the exclusion of such alien.
(B) If a consular official issues a visa to an alien for
admission to the United States and the alien was named on the
Automated Visa Lookout System as excludable from the United
States at the time of the consular officer's review and
issuance of such visa, such action shall be investigated for
appropriate disciplinary action, consistent with law and
regulations. Any disciplinary action taken shall be in the
officer's annual performance evaluation.
(2) In any case where a serious loss of life or property in
the United States involves the issuance of a visa to an alien
listed on the Automated Visa Lookout System, or any other
system or list which maintains information about the
excludability of aliens under the Immigration and Nationality
Act, the Secretary of State shall convene an Accountability
Review Board under the authority of title III of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.
SEC. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.
Section 48 of the State Department Basic Authorities Act of 1956 is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
``(c)'' and ``(d)'', respectively.
SEC. 126. DIPLOMATIC SECURITY PROGRAM.
Section 401(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851(a)(3)) is amended by striking
the last sentence.
PART C--DEPARTMENT OF STATE ORGANIZATION
SEC. 131. ORGANIZING PRINCIPLES.
The Congress makes the following findings:
(1) The organization of the Department of State should
reflect, to the maximum extent possible, the primary
responsibility of the Secretary of State under the President
for the conduct of the Nation's foreign relations.
(2) Unless compelling considerations so require, statutory
authorities should be vested in the Secretary of State, rather
than in officials subordinate to the Secretary.
SEC. 132. ORGANIZATION OF THE DEPARTMENT OF STATE.
(a) Organization.--Section 1 of the State Department Basic
Authorities Act of 1956 is amended to read as follows:
``organization of the department of state
``Section 1. (a) Secretary of State.--
``(1) The Department of State shall be administered in
accordance with this Act and other provisions of law under the
supervision and direction of the Secretary of State
(hereinafter referred to as the `Secretary').
``(2) The Secretary shall be appointed by the President, by
and with the advice and consent of the Senate.
``(3)(A) Notwithstanding any other provision of law and
except as provided in subparagraph (B), the Secretary shall
have and exercise any authority vested by law in any office or
official of the Department of State. The Secretary shall
administer, coordinate, and direct the Foreign Service of the
United States and the personnel of the Department of State,
except where authority is inherent in or vested in the
President.
``(B) The Secretary shall not have the authority of the
Inspector General or the Chief Financial Officer.
``(4) The Secretary of State is authorized to promulgate
such rules and regulations as may be necessary to carry out the
functions of the Secretary of State and the Department of
State. The Secretary may delegate authority to perform any of
the functions of the Secretary or the Department to officers
and employees under the direction and supervision of the
Secretary. The Secretary may delegate the authority to
redelegate any such functions.
``(b) Under Secretaries.--There shall be in the Department of State
not more than 5 Under Secretaries of State, who shall be appointed by
the President, by and with the advice and consent of the Senate, and
who shall be compensated at the rate provided for at level III of the
Executive Schedule under section 5314 of title 5, United States Code.
``(c) Assistant Secretaries.--There shall be in the Department of
State not more than 19 Assistant Secretaries of State, each of whom
shall be appointed by the President, by and with the advice and consent
of the Senate, and who shall be compensated at the rate provided for at
level IV of the Executive Schedule under section 5315 of title 5.
``(d) Deputy Assistant Secretaries.--There shall be in the
Department of State not more than 63 Deputy Assistant Secretaries of
State.''.
(b) Application.--The amendments made by this section and section
133 shall apply with respect to officials, offices, and bureaus of the
Department of State when Executive orders implementing such sections
become effective.
(c) Transition.--Any officer of the Department of State holding
office on the date of the enactment of this Act shall not be required
to be reappointed to any other office, at the Department of State at
the same level performing similar functions, as determined by the
President, by reason of the enactment of the amendments made by this
section and section 133.
(d) References in Other Acts.--A reference in any other provision
of law to an official or office of the Department of State affected by
the amendment made by subsection (a) shall be deemed to be a reference
to the Secretary of State or the Department of State, as may be
appropriate.
SEC. 133. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Act of May 26, 1949.--The Act entitled ``An Act to strengthen
and improve the organization and administration of the Department of
State, and for other purposes'' (May 26, 1949; Public Law 81-73; 22
U.S.C. 2652 et seq.) is repealed.
(b) Foreign Relations Authorization Act, Fiscal Year 1979.--Section
115 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22
U.S.C. 2652a) is amended by striking subsection (a).
(c) Public Law 93-126.--Section 9 of Public Law 93-126 (22 U.S.C.
2655a) is amended by striking subsection (a).
(d) Foreign Relations Authorization Act, Fiscal Years 1992 and
1993.--Section 122 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2652b) is amended by striking subsection
(a).
(e) Title 5, United States Code.--
(1) Section 5314 of title 5, United States Code, is amended
by striking--
``Under Secretary of State for Political Affairs and Under
Secretary of State for Economic and Agricultural Affairs and an
Under Secretary of State for Coordinating Security Assistance
Programs and Under Secretary of State for Management.
``Counselor of the Department of State.''
and inserting--
``Under Secretaries of State (5).''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretary for International Narcotics
Matters, Department of State.'', ``Assistant Secretary for
South Asian Affairs, Department of State.'', and ``Assistant
Secretary for Oceans and International Environmental and
Scientific Affairs, Department of State.''.
(f) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
1961 is amended--
(1) in section 116(c) (22 U.S.C. 2151n), by striking
``Assistant Secretary for Human Rights and Humanitarian
Affairs'' and inserting ``Secretary of State'';
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by
striking ``, prepared with the assistance of the Assistant
Secretary of State for Human Rights and Humanitarian Affairs,''
each place it appears;
(3) in section 624(f) (22 U.S.C. 2384(f)(1)) by striking
paragraph (1);
(4) in section 624(f)(2) by striking ``(2) The Assistant
Secretary of State for Human Rights and Humanitarian Affairs''
and inserting ``The Secretary of State''; and
(5) in section 624(f)(2)(C)--
(A) by striking ``the Secretary of State and''; and
(B) by striking ``Assistant''.
(g) Arms Export Control Act.--Section 5(d)(1) of the Arms Export
Control Act is amended (22 U.S.C. 2755(d)(1)) by striking ``Assistant
Secretary of State for Human Rights and Humanitarian Affairs'' and
inserting ``Secretary of State''.
(h) Diplomatic Security Act.--The Omnibus Diplomatic Security and
Antiterrorism Act of 1986 is amended--
(1) in section 102(b) (22 U.S.C. 4801(b)) by--
(A) striking paragraph (2); and
(B) redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(2) in subsection 103(a)--
(A) by inserting ``(1)'' before ``The Secretary of
State'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively; and
(C) by inserting at the end the following new
paragraph:
``(2) Security responsibilities shall include the
following:
``(A) Former office of security functions.--
Functions and responsibilities exercised by the Office
of Security, Department of State, before November 1,
1985.
``(B) Security and protective operations.--
``(i) Establishment and operations of post
security and protective functions abroad.
``(ii) Development and implementation of
communications, computer, and information
security.
``(iii) Emergency planning.
``(iv) Establishment and operations of
local guard services abroad.
``(v) Supervision of the United States
Marine Corps security guard program.
``(vi) Liaison with American overseas
private sector security interests.
``(vii) Protection of foreign missions and
international organizations, foreign officials,
and diplomatic personnel in the United States,
as authorized by law.
``(viii) Protection of the Secretary of
State and other persons designated by the
Secretary of State, as authorized by law.
``(ix) Physical protection of Department of
State facilities, communications, and computer
information systems in the United States.
``(x) Conduct of investigations relating to
protection of foreign officials and diplomatic
personnel and foreign missions in the United
States, suitability for employment, employee
security, illegal passport and visa issuance or
use, and other investigations, as authorized by
law.
``(xi) Carrying out the rewards program for
information concerning international terrorism
authorized by section 36(a) of the State
Department Basic Authorities Act of 1956.
``(xii) Performance of other security,
investigative, and protective matters as
authorized by law.
``(C) Counterterrorism planning and coordination.--
Development and coordination of counterterrorism
planning, emergency action planning, threat analysis
programs, and liaison with other Federal agencies to
carry out this paragraph.
``(D) Security technology.--Development and
implementation of technical and physical security
programs, including security-related construction,
radio and personnel security communications, armored
vehicles, computer and communications security, and
research programs necessary to develop such measures.
``(E) Diplomatic courier service.--Management of
the diplomatic courier service.
``(F) Personnel training.--Development of
facilities, methods, and materials to develop and
upgrade necessary skills in order to carry out this
section.
``(G) Foreign government training.--Management and
development of antiterrorism assistance programs to
assist foreign government security training which are
administered by the Department of State under chapter 8
of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa et seq.).''.
(3) by striking section 104;
(4) by striking section 105;
(5) in section 107, by striking ``The Chief of Protocol of
the Department of State shall consult with the Assistant
Secretary of Diplomatic Security'' and inserting ``The
Secretary of State shall take into account security
considerations'';
(6) in title II by amending the title heading to read as
follows: ``TITLE II--PERSONNEL'';
(7) by amending section 201 to read as follows:
``SEC. 201. DIPLOMATIC SECURITY SERVICE.
``The Secretary of State may establish a Diplomatic Security
Service, which shall perform such functions as the Secretary may
determine.'';
(8) in section 202--
(A) by striking ``The'' in the first sentence and
inserting ``Any such'';
(B) by striking ``shall'' each place it appears and
inserting ``should''; and
(C) by striking the last sentence;
(9) in section 203--
(A) by amending the heading to read as follows:
``SEC. 203. SPECIAL AGENTS.'';
(B) in the first sentence by striking ``Positions
in the Diplomatic Security Service'' and inserting
``Special agent positions''; and
(C) in the last sentence by striking ``In the case
of positions designated for special agents, the'' and
inserting ``The''; and
(10) in section 402(a)(2) by striking ``Assistant Secretary
for Diplomatic Security'' and inserting ``Secretary of State''.
(i) Immigration and Nationality Act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by striking
``Assistant Secretary of State for Consular Affairs'' and
inserting ``official designated by the Secretary of State
pursuant to section 104(b) of this Act'';
(2) in section 104 (8 U.S.C. 1104)--
(A) in the heading by striking ``; bureau of
consular affairs'';
(B) in subsection (a), by striking ``the Bureau of
Consular Affairs'' and inserting ``the Administrator'';
(C) by amending subsection (b) to read as follows:
``(b) The Secretary of State shall designate an Administrator who
shall be a citizen of the United States, qualified by experience. The
Administrator shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding the
administration of this Act by consular officers. The Administrator
shall be charged with any and all responsibility and authority in the
administration of this Act which are conferred on the Secretary of
State as may be delegated to the Administrator by the Secretary of
State or which may be prescribed by the Secretary of State, and shall
perform such other duties as the Secretary of State may prescribe.'';
(D) in subsection (c), by striking ``Bureau'' and
inserting ``Department of State''; and
(E) in subsection (d), by striking all after
``respectively'' before the period.
(3) in section 105 (8 U.S.C. 1105) by striking ``Assistant
Secretary of State for Consular Affairs'' and inserting
``Administrator'' each place it appears.
(j) Department of State Appropriations Act, 1989.--Section 306 of
the Department of State Appropriations Act, 1989 (Public Law 100-459)
is repealed.
(k) Department of Defense Appropriations Act, Fiscal Year 1989.--
Section 8125 of the Department of Defense Appropriations Act, Fiscal
Year 1989 (Public Law 100-463) is amended by striking subsection (c).
(l) State Department Basic Authorities Act of 1956.--(1) Section 35
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707)
is amended--
(A) in subsection (a) by striking ``(hereafter'' and all
that follows before the period; and
(B) in subsection (b)--
(i) by striking ``The'' and all that follows
through ``shall--'' and inserting the following:
``The Secretary of State shall be responsible for formulation,
coordination, and oversight of international communications and
information policy. The Secretary of State shall--'';
(ii) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(iii) by inserting before paragraph (2) (as so
redesignated) a new paragraph (1) as follows:
``(1) exercise primary authority for the conduct of foreign
policy with respect to telecommunications, including the
determination of United States positions and the conduct of
United States participation in bilateral and multilateral
negotiations with foreign governments and in international
bodies;'';
(iv) in paragraph (2), (I) by striking ``with the
bureaus and offices of the Department of State and'',
and (II) by inserting before the semicolon ``and with
the Federal Communications Commission, as
appropriate''; and
(v) in paragraph (4), by striking ``the Senior
Interagency Group on International Communications and
Information Policy'' and inserting ``any senior
interagency policy-making group on international
telecommunications and information policy''.
(2) Section 3 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2670) is amended--
(A) by striking ``and'' at the end of subsection (k);
(B) by striking the period at the end of subsection (l);
and
(C) by adding at the end the following:
``(m) establish, maintain, and operate passport and
dispatch agencies.''.
(3) Section 2 of the State Department Basic Authorities Act of 1956
is amended by striking ``(l) pay'' and inserting ``(m) pay''.
(m) Refugee Act of 1980.--The Refugee Act of 1980 (Public Law 96-
212) is amended--
(1) in the heading for title III, by striking ``UNITED
STATES COORDINATOR FOR REFUGEE AFFAIRS AND'';
(2) by striking the heading for part A;
(3) by repealing section 301; and
(4) by striking the heading for part B.
(n) Immigration and Nationality Act.--
(1) Section 411(b) of the Immigration and Nationality Act
(8 U.S.C. 1521(b)) is amended by striking ``and under the
general policy guidance of the United States Coordinator for
Refugee Affairs (hereinafter in this chapter referred to as the
`Coordinator')'' and inserting ``the Secretary of State''.
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended--
(A) in subsection (a)(2)(A), by striking ``,
together with the Coordinator,'';
(B) in subsections (b)(3) and (b)(4), by striking
``in consultation with the Coordinator,''; and
(C) in subsection (e)(7)(C), by striking ``, in
consultation with the United States Coordinator for
Refugee Affairs,''.
(3) Section 413(a) of the Immigration and Nationality Act
(8 U.S.C. 1523) is amended by striking ``, in consultation with
the Coordinator,''.
(o) State Department Basic Authorities Act.--Title II of the State
Department Basic Authorities Act (22 U.S.C. 4301 et seq.) is amended--
(1) in section 202(a) by striking paragraph (3) and
redesignating paragraphs (4) through (8) as paragraphs (3)
through (7);
(2) in section 203 by amending such section to read as
follows:
``authorities of the secretary of state
``Sec. 203. The Secretary is authorized to--
``(1) assist agencies of Federal, State, and municipal
government with regard to ascertaining and according benefits,
privileges, and immunities to which a foreign mission may be
entitled;
``(2) provide or assist in the provision of benefits for or
on behalf of a foreign mission in accordance with section 204;
``(3) dispose of property acquired in carrying out the
purposes of this Act; and
``(4) designate an office within the Department of State to
carry out the purposes of this Act. In the event such an office
is established, the President may appoint, by and with the
advice and consent of the Senate, a Director, with the rank of
ambassador. Furthermore, of the Director and the next most
senior person in the office, one should be an individual who
has served in the United States Foreign Service while the other
should be an individual who has served in the United States
intelligence community; and
``(5) perform such other functions as the Secretary may
determine necessary in furtherance of the policy of this
title.''.
(3) in section 204--
(A) in subsections (a), (b), and (c), by striking
``Director'' each place it appears and inserting
``Secretary''; and
(B) in paragraph (d), by striking ``the Director or
any other'' and inserting ``any'';
(4) in section 204A, by striking ``Director'' each place it
appears and inserting ``Secretary'';
(5) in section 205--
(A) in subsection (a), by striking ``Director'' and
inserting ``Secretary''; and
(B) in subsection (c)(2) by striking ``authorize
the Director to''; and
(6) in section 208--
(A) in subsection (d) by striking ``Director'' and
inserting in its place ``Secretary'';
(B) in subsections (c), (e), and (f), by striking
``Office of Foreign Missions'' each place it appears
and inserting ``Department of State''; and
(C) in subsection (h)(2) by striking ``Director or
the''.
SEC. 134. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 3928) is
amended to read as follows:
``SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
``The President may appoint, with the advice and consent of the
Senate, a Director General of the Foreign Service, who shall be a
career member of the Senior Foreign Service. The Director General
should assist the Secretary of State in the management of the Service
and perform such functions as the Secretary of State may prescibe.''.
PART D--PERSONNEL
SEC. 141. LABOR-MANAGEMENT RELATIONS.
Section 1017(e) of the Foreign Service Act of 1980 is amended to
read as follows:
``(e)(1) Notwithstanding any other provision of this chapter,
participation in the management of a labor organization or acting as a
representative of a labor organization is prohibited under this
chapter--
``(A) on the part of any management official or
confidential employee; or
``(B) on the part of any other employee if the
participation or activity would result in a conflict or
apparent conflict of interest or would otherwise be
incompatible with law or with the official functions of such
employee.
``(2) For the purposes of paragraph (1), the term `management
official' shall include all members of the Senior Foreign Service.''.
SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.
(a) Program Authority.--For the fiscal years 1994 and 1995 and
subject to the availability of appropriations, the Secretary of State
is authorized to establish and administer a program to provide
financial incentives for retirement to certain members of the Foreign
Service at the Department of State who are eligible for retirement.
(b) Cap on Incentive Amount.--The financial incentive paid to any
eligible individual pursuant to this section may not exceed the lesser
of--
(1) the minimum amount determined by the Secretary of State
to be necessary to achieve the desired number of retirements;
or
(2) $25,000.
(c) Cost Neutrality or Savings.--The Secretary shall ensure that
the total cost of financial incentives paid to eligible individuals
under any program established pursuant to the authority of subsection
(a) during the fiscal years 1994 and 1995 does not exceed the total
cost the Department would have incurred for pay and other personnel
benefits during such period for such eligible individuals had they not
retired.
(d) Relationship to Other Government Benefits.--The amount paid to
any eligible individual pursuant to the authority of subsection (a) may
not--
(1) be the basis for payment of, and may not be included in
the computation of, any other monetary benefit payable with
respect to such individual by the Federal Government; and
(2) be taken into account for purposes of determining the
amount of any severance pay to which such eligible individual
is entitled under any other provision of law based on any other
separation from employment by the Federal Government.
SEC. 143. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY
DAMAGE OR LOSS.
(a) Claims Resulting From Emergency Evacuation in a Foreign
Country.--Subsection 3721(b) of title 31 of the United States Code is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding after paragraph (1) the following new
paragraph:
``(2) The Secretary of State may waive the loss limitation
under paragraph (1) for claims for damage or loss by United
States Government personnel subject to a chief of mission in a
foreign country whose claims arose from an emergency evacuation
or departure authorized or ordered as provided under section
5522(a) of title 5 of the United States Code, if the Secretary
determines that exceptional circumstances warrant such a
waiver.''.
(b) Retroactive Application.--The amendments made by subsection (a)
shall apply with respect to claims arising on or after October 31,
1988.
SEC. 144. SALARIES OF CHIEFS OF MISSION.
Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C.
3961(a)) is amended--
(1) by striking ``, exclusive of danger pay,''; and
(2) by striking ``not exceed the annual rate payable for
level I of such Executive Schedule'', and inserting ``be
subject to the limitation on certain payments under section
5307 of title 5 of the United States Code''.
SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
(a) Limitation on Certain Payments.--Section 405(b)(4) of the
Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) is amended to read
as follows:
``(4) Any award under this section shall be subject to the
limitation on certain payments under section 5307 of title 5 of
the United States Code.''.
(b) Prohibition on Performance Pay Awards in Certain Years.--
Section 405 of the Foreign Service Act (22 U.S.C. 3965j) is amended by
adding at the end the following:
``(e)(1) Notwithstanding any other provision of this section,
performance pay awards and payments may not be made under this section
for a fiscal year by any agency subject to an agency-wide reduction in
force for budgetary reasons during that fiscal year.
``(2) No additional performance pay awards or payments may be made
in any subsequent fiscal year to compensate for the prohibition under
paragraph (1).''.
SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL
APPOINTEES.
Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is
amended to read as follows:
``(a) If a participant completes an assignment under section 302(b)
in a position to which the participant was appointed by the President,
and is not otherwise eligible for retirement, the participant shall be
reassigned within 90 days after the termination of such assignment and
any period of authorized leave.
``(b) If a participant completes an assignment under section 302(b)
in a position to which the participant was appointed by the President,
and is eligible for retirement, and is not reassigned within 90 days
after the termination of such assignment and any period of authorized
leave, the participant shall be retired from the Service and receive
retirement benefits in accordance with section 806 or section 855, as
appropriate.''.
SEC. 147. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.
(a) Audit and Review.--Within 180 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall conduct a classification audit of all Senior Foreign
Service positions in Washington, District of Columbia, assigned to the
Department of State, the Agency for International Development, and the
United States Information Agency and shall review the methods of
classification of such positions.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Director shall submit a report of such audit and review
to the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate.
SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER EXTENSIONS.
Section 607(b) of the Foreign Service Act of 1980 (22 U.S.C.
4007(b)) is amended by adding at the end ``Effective September 30,
1994, the number of members of the Senior Foreign Service serving under
such limited career extensions may not exceed 10 percent of the total
number of members of the Service who are eligible to serve under a
limited extension.''.
PART E--INTERNATIONAL ORGANIZATIONS
SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFEGUARDS.
(a) Purpose.--It is the purpose of this section to secure
improvements in the effectiveness of International Atomic Energy Agency
safeguards.
(b) Definitions.--As used in this section--
(1) the term ``IAEA'' means the International Atomic Energy
Agency;
(2) the term ``non-nuclear-weapon state'' means any country
which is not a nuclear-weapon state, as defined by Article
IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and Moscow on July 1,
1968;
(3) the term ``nuclear-weapon state'' has the meaning given
to such term by Article IX(3) of such Treaty; and
(4) the term ``special fissionable material'' has the
meaning given to such term by Article XX(1) of the Statute of
the International Atomic Energy Agency, done at the
Headquarters of the United Nations on October 26, 1956.
(c) Reforms in IAEA Safeguards.--The President shall direct the
United States representatives to the IAEA to work toward the early
adoption of reforms in the implementation of the safeguards
responsibilities of the IAEA, including the following:
(1) Improving the ability of the IAEA to detect within any
non-nuclear-weapon state, nuclear facilities, whether or not
declared by that state, that are capable of producing,
processing, or fabricating special fissionable material
suitable for use in a nuclear explosive device.
(2) Increasing the transparency of international nuclear
commerce.
(3) Examining the feasibility of increasing the scope of
safeguards to include all activities and facilities which could
significantly contribute to the acquisition or production of
nuclear explosive devices.
(4) Improving the access of the IAEA to information about
the nuclear activities of member states of the IAEA.
(5) Examining the practicality and advisability of the IAEA
conducting less frequent inspections at nuclear facilities in
member states which--
(A) provide advance consent for the IAEA to conduct
unrestricted, short notice inspections of any facility,
whether or not declared by the state;
(B) accept IAEA safeguards for the construction of
new facilities or the modification of existing
facilities which fall under the scope of IAEA
safeguards; and
(C) accept any inspectors of the IAEA who are
approved by the Board of Governors of the IAEA, agree
not to limit the number of such inspectors, and waive
visa requirements for such inspectors.
(d) Reporting Requirement.--The President shall, in the report
required by section 601(a) of the Nuclear Non-Proliferation Act of
1978, describe--
(1) the steps he has taken and plans to take to implement
each of the objectives set forth in subsection (c);
(2) the progress that has been made and the obstacles that
have been encountered in seeking to meet the objectives set
forth in subsection (c);
(3) any other steps he has taken or plans to take to
strengthen the implementation of IAEA safeguards;
(4) the steps the IAEA has taken to implement each of the
objectives set forth in subsection (c); and
(5) any other steps the IAEA has taken to strengthen the
implementation of IAEA safeguards.
(e) Report on Funding.--Within one year after the date of the
enactment of this Act, the President shall submit to the Congress a
report assessing what additional funds are required for the IAEA to
implement the objectives set forth in subsection (c) and what funds the
United States plans to contribute to the IAEA over the next 5 fiscal
years.
SEC. 162. AGREEMENT ON STATE AND LOCAL TAXATION OF FOREIGN EMPLOYEES OF
PUBLIC INTERNATIONAL ORGANIZATIONS.
The President is hereby authorized to bring into force for the
United States the Agreement on State and Local Taxation of Foreign
Employees of Public International Organizations, which was signed by
the United States on April 21, 1992.
SEC. 163. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--For assessed contributions authorized
to be appropriated by section 103 of this Act, the President may
withhold 20 percent of the funds appropriated for the United States
assessed contribution to the United Nations or to any of its
specialized agencies for any calendar year if the Secretary of State
determines that the United Nations or any such agency has failed to
implement or to continue to implement consensus-based decisionmaking
procedures on budgetary matters which assure that sufficient attention
is paid to the views of the United States and other member states who
are major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the Congress
when a decision is made to withhold any share of the United States
assessed contribution to the United Nations or its specialized agencies
pursuant to subsection (a) and shall notify the Congress when the
decision is made to pay any previously withheld assessed contribution.
A notification under this subsection shall include appropriate
consultation between the President (or his representative) and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(c) Contributions for Prior Years.--Subject to the availability of
appropriations, payment of assessed contributions for prior years may
be made to the United Nations or any of its specialized agencies
notwithstanding subsection (a) of this section, section 405 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246) and section 143 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93) if such payment
would further United States interests in that organization.
SEC. 164. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) Authorization To Receive Payments.--Section 2 of the American-
Mexican Chamizal Convention Act of 1964 (Public Law 88-300; 22 U.S.C.
277d-18) is amended--
(1) by inserting ``(a)'' before ``The''; and
(2) by adding at the end the following new subsections:
``(b) The United States Commissioner is authorized to receive
payments of money from public or private sources in the United States
or Mexico made for the purpose of sharing in the cost of replacement of
the Bridge of the Americas which crosses the Rio Grande between El
Paso, Texas and Ciudad Juarez, Chihuahua. Notwithstanding any other
provision of law, such payments of money shall be credited to any
appropriation to the Commission which is currently available. Funds
received under this subsection shall be available only for the
replacement of such bridge.
``(c) The authority of subsection (b) may be exercised only to the
extent or in such amounts as are provided in advance in appropriation
Acts.''.
(b) Expenditures for Water Pollution Problems.--Title I of the Act
of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d-12), is amended in the
fourth undesignated paragraph under the heading ``international
boundary and water commission, united states and mexico'' by striking
``Tijuana Rivers,'' and all that follows before the period and
inserting ``Tijuana Rivers, or other streams running across or near the
boundary, and for taking emergency actions to protect against health
threatening surface and ground water pollution problems along the
United States-Mexico boundary''.
(c) Falcon and Amistad Dams Maintenance Fund.--Section 2 of the Act
of June 18, 1954 (68 Stat. 255, as amended by the Act of December 23,
1963, 77 Stat. 475) is amended to read as follows:
``Sec. 2. (a) A separate fund, known as the `Falcon and Amistad
Operating and Maintenance Fund' (hereinafter referred to as the
`Maintenance Fund'), shall be created in the Treasury of the United
States. The Maintenance Fund shall be administered by the Administrator
of the Western Area Power Administration for use by the Commissioner of
the United States Section of the International Boundary and Water
Commission to defray operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad Dams.
``(b) All revenues collected in connection with the disposition of
electric power generated at the Falcon and Amistad Dams shall be
credited to the Maintenance Fund and shall remain available until
expended for defraying operation, maintenance, and emergency costs for
the hydroelectric facilities at the dams.
``(c) The authority of subsection (b) may be exercised only to the
extent or in such amounts as are provided in advance in appropriation
Acts.
``(d) All moneys received from the Government of Mexico for any
energy which might be delivered to that Government by the United States
Section of the International Boundary and Water Commission pursuant to
any special agreement concluded in accordance with Article 19 of the
said Treaty shall be credited to the General Fund of the Treasury of
the United States.''.
SEC. 165. UNITED STATES MEMBERSHIP IN THE ASIAN- PACIFIC ECONOMIC
COOPERATION ORGANIZATION.
(a) United States Membership.--The President is authorized to
maintain membership of the United States in the Asian-Pacific Economic
Cooperation (APEC).
(b) Payment of Assessed Contributions.--For fiscal year 1994 and
for each fiscal year thereafter, the United States assessed
contributions to APEC may be paid from funds appropriated for
``Contributions to International Organizations''.
PART F--MISCELLANEOUS PROVISIONS
SEC. 181. WOMEN'S HUMAN RIGHTS PROTECTION.
(a) Sense of Congress.--The Congress makes the following
declarations:
(1) The State Department should designate within the
appropriate bureau a special assistant to the Assistant
Secretary to promote international women's human rights within
the overall human rights policy of the United States
Government.
(2) The purpose of assigning a special assistant on women's
human rights issues is not to segregate such issues, but rather
to assure that they are considered along with other human
rights issues in the development of United States foreign
policy.
(3) A specifically designated special assistant is
necessary because within the human rights field and the foreign
policy establishment, the issues of gender-based discrimination
and violence against women have long been ignored or made
invisible.
(4) The Congress believes that abuses against women would
have greater visibility and protection of women's human rights
would improve if the advocate were responsible for integrating
women's human rights issues into United States human rights
policy in ways including, but not limited to, the following:
(A) The designated women's human rights advocate
would seek to assure that the issue of abuses against
women, along with human rights issues generally, are a
factor in determining appropriate recipients for United
States bilateral assistance as well as United States
votes at the multilateral development banks.
(B) The advocate would work with the regional
bureaus of the Department of State to devise strategies
for the executive branch to bring pressure to bear on
governments that engage in violence or systematic
discrimination against women or fail to afford equal
treatment of women before the law.
(C) The advocate would, in consultation with the
bureau responsible for international organizations,
pursue strategies to increase the visibility and
integration of gender-based persecution and violence in
multilateral fora including, but not limited to, the
United States Commission on Human Rights and the
Working Group on Torture.
(D) The advocate would seek to assure that the
United States Trade Representative conduct inquiries
and take steps to prevent countries from receiving
trade benefits under the Generalized System of
Preferences and most favored nation status where
governments fail to address violence, systematic
discrimination, and exploitation of women workers.
(E) The advocate would seek to assure that the
protection of women's human rights, including womens'
participation in the political process, women's right
to freedom of association and expression, and freedom
from discrimination, would be addressed in the context
of United States funded programs in the area of
democracy including, but not limited to, democracy
programs at the Agency for International Development
(AID), democracy programs for Eastern Europe funded by
the Support Eastern European Democracy (SEED)
legislation, and new programs that may be contemplated.
(F) The advocate would seek to assure that United
States assistance programs in the area of
administration of justice include efforts to redress
violations of women's rights.
(G) The advocate would work with AID and the
appropriate office at the Department of State to secure
funding for programs to meet the needs of women victims
of human rights abuses including, but not limited to,
medical and psychological assistance for rape victims.
(H) The advocate would work to assure United States
ratification of the United Nations Convention on the
Elimination of All Forms of Discrimination Against
Women (CEDAW) and oversee the preparation of reports
pursuant to that Convention.
(I) The advocate would seek to upgrade the quality
and quantity of information about abuses of women's
human rights in the reporting from United States
embassies overseas, incorporate that information not
only in the State Department Country Reports on Human
Rights, but also in other public statements and
documents including, but not limited to, congressional
testimony and private demarches.
(b) Congressional Notification.--
(1) Not later than one year after the date of enactment of
this Act, the Secretary of State shall notify the Congress of
the steps taken to create the position described in subsection
(a) or to otherwise fulfill the objectives detailed in that
subsection.
(2) If the United Nations Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) has not been
submitted to the Senate for ratification, not more than 90 days
after the date of enactment of this Act, the Secretary of State
shall notify the Congress, in writing, of the administration's
position on the ratification of CEDAW and timetable for
submission of CEDAW for congressional consideration and
approval.
SEC. 182. PUBLISHING INTERNATIONAL AGREEMENTS.
Section 112a of title 1 of the United States Code is amended--
(1) by inserting ``(a)'' immediately before ``The Secretary
of State''; and
(2) by adding at the end the following new subsections:
``(b) The Secretary of State may determine that publication of
certain categories of agreements is not required, if the following
criteria are met:
``(1) such agreements are not treaties which have been
brought into force for the United States after having received
Senate advice and consent pursuant to section 2(2) of Article
II of the Constitution of the United States;
``(2) the public interest in such agreements is
insufficient to justify their publication, because (A) as of
the date of enactment of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, the agreements are no longer
in force, (B) the agreements do not create private rights or
duties, nor establish standards intended to govern government
action in the treatment of private individuals; (C) in view of
the limited or specialized nature of the public interest in
such agreements, such interest can adequately be satisfied by
an alternative means; or (D) the public disclosure of the text
of the agreement would, in the opinion of the President, be
prejudicial to the national security of the United States; and
``(3) copies of such agreements (other than those in
paragraph (2)(D)), including certified copies where necessary
for litigation or similar purposes, will be made available by
the Department of State upon request.
``(c) Any determination pursuant to subsection (b) shall be
published in the Federal Register.''.
SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.
(a) Migration and Refugee Assistance Act Amendments.--
(1) The Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601) is amended--
(A) in section 2 by striking ``the
Intergovernmental Committee for European Migration''
and inserting ``the International Organization for
Migration'' each place it appears;
(B) in section 2 by striking ``Committee'' and
inserting ``Organization'' each place it appears;
(C) in the first sentence of section 2(a) by
inserting before the period ``, as amended in Geneva,
Switzerland, on May 20, 1987''; and
(D) in section 2(c)(2), by striking ``$50,000,000''
and inserting ``$100,000,000''.
(2) Section 745 of Public Law 100-204 (22 U.S.C. 2601 note)
is repealed.
SEC. 184. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.
(a) Findings.--The Congress makes the following findings:
(1) The effectiveness of the United Nations Security
Council in maintaining international peace and security depends
on its being representative of the membership of the United
Nations.
(2) The requirement of equitable geographic distribution in
Article 23 of the United Nations Charter requires that the
members of the Security Council of the United Nations be chosen
by nondiscriminatory means.
(3) The use of informal regional groups of the General
Assembly as the sole means for election of the nonpermanent
members of the Security Council is inherently discriminatory in
the absence of guarantees that all member states will have the
opportunity to join a regional group, and has resulted in
discrimination against Israel.
(b) Sense of Congress.--It is the sense of the Congress that the
President should direct the Secretary of State to request the
Secretary-General of the United Nations to seek immediate resolution of
this problem. The President shall inform the Congress of any progress
in resolving this situation together with the submission to Congress of
the request for funding for the Contributions to International
Organizations account for the fiscal year 1995.
SEC. 185. PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN.
(a) Repeal of Reciprocity Exception.--Section 258(d) of the
Immigration and Nationality Act (8 U.S.C. 1288(d)) is repealed.
(b) Conforming Amendment.--Section 258(a) of that Act is amended by
striking ``or subsection (d)''.
SEC. 186. INTERPARLIAMENTARY EXCHANGES.
(a) Authorizations of Appropriations.--
(1) Section 2 of Public Law 86-420 is amended--
(A) by striking ``$100,000'' and inserting
``$80,000''; and
(B) by striking ``$50,000'' both places it appears
and inserting ``$40,000''.
(2) Section 2 of Public Law 86-42 is amended--
(A) by striking ``$50,000'' and inserting
``$70,000''; and
(B) by striking ``25,000'' both places it appears
and inserting ``$35,000''.
(b) Deposit of Funds in Interest-Bearing Accounts.--Funds
appropriated and disbursed pursuant to section 303 of title III of
Public Law 100-202 (101 Stat. 1329-23; 22 U.S.C. 276 note) are
authorized to be deposited in interest-bearing accounts and any
interest which accrues shall be deposited, periodically, in a
miscellaneous account of the Treasury.
SEC. 187. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO
REFUGEES AND DISPLACED PERSONS.
(a) Standards for Refugee Women and Children.--The United States
Government, in providing for overseas assistance and protection of
refugees and displaced persons, shall seek to address the protection
and provision of basic needs of refugee women and children who
represent 80 percent of the world's refugee population. As called for
in the 1991 United Nations High Commissioner for Refugees (UNHCR)
``Guidelines on the Protection of Refugee Women,'' whether directly, or
through international organizations and nongovernmental voluntary
organizations, the Secretary of State shall ensure--
(1) specific attention on the part of the United Nations
and relief organizations to recruit and employ female
protection officers;
(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
(3) the protection of refugee women and children from
violence and other abuses on the part of governments or
insurgent groups;
(4) full involvement of women refugees in the planning and
implementation of (A) the delivery of services and assistance,
and (B) the repatriation process;
(5) incorporation of maternal and child health needs into
refugee health services and education, specifically to include
education on and access to services in reproductive health and
birth spacing;
(6) the availability of counseling and other services,
grievance processes, and protective services to victims of
violence and abuse, including but not limited to rape and
domestic violence;
(7) the provision of educational programs, particularly
literacy and numeracy, vocational and income-generation
training, and other training efforts promoting self-sufficiency
for refugee women, with special emphasis on women heads of
household;
(8) education for all refugee children, ensuring equal
access for girls, and special services and family tracing for
unaccompanied refugee minors;
(9) the collection of data that clearly enumerate age and
gender so that appropriate health, education, and assistance
programs can be planned;
(10) the recruitment, hiring, and training of more women
program professionals in the international humanitarian field;
and
(11) gender-specific training for program staff of the
United Nations High Commissioner for Refugees (UNHCR) and
nongovernmental voluntary organizations on implementation of
the 1991 UNHCR ``Guidelines on the Protection of Refugee
Women''.
(b) Procedures.--The Secretary of State shall adopt specific
procedures to ensure that all recipients of United States Government
refugee and migration assistance funds implement the standards outlined
in subsection (a).
(c) Requirements for Refugee and Migration Assistance.--The
Secretary of State, in providing migration and refugee assistance,
should support the protection efforts set forth under this section by
raising at the highest levels of government the issue of abuses against
refugee women and children by governments or insurgent groups that
engage in, permit, or condone--
(1) a pattern of gross violations of internationally
recognized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention without
charges, or other flagrant denial to life, liberty, and the
security of person;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic
individual or mass rape, forced pregnancy, forced abortion,
enforced prostitution, any form of indecent assault or act of
violence against refugee women, girls, and children; or
(4) continuing violations of the integrity of the person
against refugee women and children on the part of armed
insurgents, local security forces, or camp guards.
(d) Investigation of Reports.--Upon receipt of credible reports of
abuses under subsection (c), the Secretary of State should immediately
investigate such reports through emergency fact-finding missions or
other means of investigating such reports and help identify appropriate
remedial measures.
(e) Multilateral Organizations.--The United States Government shall
use its voice and vote in the United Nations and its participation in
other multilateral organizations, to promote policies which seek to
protect and address basic human rights and needs of refugee women and
children. The Secretary of State shall work to ensure that multilateral
organizations fully incorporate the needs of refugee women and children
into all elements of refugee assistance programs.
(f) Sense of Congress on Multilateral Implementation of the 1991
UNHCR ``Guidelines on the Protection of Refugee Women''.--It is the
sense of the Congress that the President should enter into bilateral
and multilateral negotiations to encourage other governments that
provide refugee assistance to adopt refugee assistance policies
designed to encourage full implementation of the UNHCR's 1991
``Guidelines on the Protection of Refugee Women''.
SEC. 188. POLICY ON MIDDLE EAST ARMS SALES.
(a) Boycott of Israel.--Section 322 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138) is
amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3)(A) by striking ``and'' after the
semicolon;
(3) in paragraph (3)(B) by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) does not participate in the Arab League
primary or secondary boycott of Israel.''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a report to
the Chairman of the Committee on Foreign Affairs of the House of
Representatives and the Chairman of the Committee on Foreign Relations
of the Senate concerning steps taken to ensure that the goals of the
amendment under subsection (a) are being met.
SEC. 189. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.
Section 304(a) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138) is amended--
(1) by striking ``Treasury'' and inserting ``Treasury, in
consultation with the Attorney General and appropriate
investigative agencies,''; and
(2) by inserting at the end ``Each such report shall
provide a detailed list and description of specific assets.''.
SEC. 190. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS
VICTIMIZED BY GERMANY DURING WORLD WAR II.
(a) Congressional Findings.--The Congress makes the following
findings:
(1) The national interests of the United States require the
presence abroad of United States citizens.
(2) Conditions in many parts of the world present dangers
to the safety and security of Americans abroad.
(3) The protection of United States citizens abroad depends
on their enjoying full access to United States courts for
remedies for egregious violations by foreign governments of
their human rights, and particularly for war crimes and crimes
against humanity committed against Americans.
(4) The conduct of the Government of Germany in using slave
labor during the period 1939 to 1945 constituted the acts of an
outlaw state and an abrogation of treaty obligations under the
Convention Respecting the Laws and Customs of War on Land (Done
at The Hague, 18 October 1907).
(b) Sense of Congress.--It is the sense of the Congress that United
States citizens who were victims of war crimes and crimes against
humanity committed by the Government of Germany during the period 1939
to 1945 should have remedies against the Germany in United States
courts for damages for personal injury or property damages or loss.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The following amounts are authorized to be appropriated to carry
out international information activities, and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the Radio Broadcasting
to Cuba Act, the Television Broadcasting to Cuba Act, the Board for
International Broadcasting Act, the Inspector General Act of 1978, the
Center for Cultural and Technical Interchange Between North and South
Act, the National Endowment for Democracy Act, and to carry out other
authorities in law consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$484,854,000 for the fiscal year 1994 and $503,362,000 for the
fiscal year 1995.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $137,043,000
for the fiscal year 1994 and $140,743,000 for the
fiscal year 1995.
(B) Hubert h. humphrey fellowship program.--For the
``Hubert H. Humphrey Fellowship Program'', $7,977,000
for the fiscal year 1994 and $8,192,000 for the fiscal
year 1995.
(C) Edmund s. muskie fellowship program.--For the
``Edmund S. Muskie Fellowship Program'', $7,000,000 for
the fiscal year 1994 and $7,000,000 for the fiscal year
1995.
(D) International visitors program.--For the
``International Visitors Program'', $52,295,000 for the
fiscal year 1994 and $53,707,000 for the fiscal year
1995.
(E) American studies collections.--To the Bureau of
Educational and Cultural Affairs of the United States
Information Agency, for the establishment and support
of American studies collections at university libraries
abroad, $2,100,000 for the fiscal year 1994 and
$2,400,000 for fiscal year 1995, which is authorized to
remain available until expended.
(F) Other programs.--For ``Mike Mansfield
Fellowship Program'', ``Claude and Mildred Pepper
Scholarship Program of the Washington Workshops
Foundation'', ``East Europe Training Projects'',
``Citizen Exchange Programs'', ``Congress-Bundestag
Exchange Program'', ``Newly Independent States and
Eastern Europe Training'', Institute for Representative
Government'', ``Freedom Support Act Secondary School
Exchange'', ``South Pacific Exchanges'', and ``Arts
America'', $41,807,000 for the fiscal year 1994 and
$42,936,000 for the fiscal year 1995.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$28,351,000 for the fiscal year 1994 and $28,362,000 for the
fiscal year 1995.
(4) International broadcasting activities.--For
``International Broadcasting Activities'' under part B,
$606,790,000 for the fiscal year 1994, and $717,790,000 for the
fiscal year 1995.
(5) Office of the inspector general.--For ``Office of the
Inspector General'', $4,390,000 for the fiscal year 1994 and
$4,396,000 for the fiscal year 1995.
(6) National endowment for democracy.--For ``National
Endowment for Democracy'', $48,000,000 for the fiscal year 1994
and $49,296,000 for the fiscal year 1995.
(7) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $23,000,000 for the fiscal
year 1994 and $23,621,000 for the fiscal year 1995.
(8) North/south center.--For ``North/South Center''
$8,000,000 for the fiscal year 1994 and $8,000,000 for the
fiscal year 1995.
(9) Israeli-arab scholarship program.--For ``Israeli-Arab
Scholarship Program'', $397,000 for the fiscal year 1994 and
$407,000 for the fiscal year 1995.
PART B--INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES
SEC. 211. SHORT TITLE.
This part may be cited as the ``International Broadcasting Act of
1993''.
SEC. 212. FINDINGS AND DECLARATIONS.
The Congress makes the following findings and declarations of
policy:
(1) It is the policy of the United States to promote the
freedom ``to seek, receive and impart information and ideas
through any media and regardless of frontiers'', in accordance
with article 19 of the Universal Declaration of Human Rights.
(2) Open communication among the peoples of the world is in
the interests of the United States.
(3) It is in the interests of the United States to support
broadcasting to other nations consistent with the requirements
of this Act.
SEC. 213. STANDARDS.
International broadcasting supported by United States Government
funds shall--
(1) be consistent with the broad foreign policy objectives
of the United States;
(2) be consistent with the international telecommunications
policies and treaty obligations of the United States;
(3) complement the activities of private United States
broadcasters;
(4) complement the activities of government supported
broadcasting entities of other democratic nations;
(5) be conducted in accordance with the highest
professional standards of broadcast journalism;
(6) be based on reliable information about its potential
audience; and
(7) be designed so as to effectively reach a significant
audience.
SEC. 214. FUNCTIONS.
United States international broadcasting shall include--
(1) news which is consistently reliable and authoritative,
accurate, objective, and comprehensive;
(2) a balanced and comprehensive projection of American
thought and institutions, reflecting the diversity of American
culture and society;
(3) clear and effective presentation of the policies of the
United States Government and responsible discussion and opinion
on those policies;
(4) programming to meet needs which remain unserved by the
totality of media voices available to the people of certain
nations;
(5) a source of information about developments in each
significant region of the world;
(6) a forum for a variety of opinions and voices from
within particular nations and regions prevented by censorship
or repression from speaking to their fellow countrymen;
(7) reliable research capacity to meet the criteria under
this section;
(8) adequate transmitter and relay capacity to support the
activities described in this section;
(9) a source of information about developments in Asia and
a forum for a variety of opinions and voices from within Asian
nations whose people do not enjoy freedom of expression; and
(10) training and technical support for independent
indigenous media through government agencies or private United
States entities.
SEC. 215. ADMINISTRATION.
(a) Authority of President.--The President may assign
responsibility for any of the functions of United States Government
supported international broadcasting under this Act to any agency of
the United States Government. The President may authorize any public or
private entity to carry out the functions described in paragraphs (4),
(5), (6), (7), (8), and (9) of section 214(b).
(b) Grants.--The President and any agency of the United States
Government is authorized to make grants to RFE/RL Incorporated or any
other public or private entity in order to carry out the functions of
paragraphs (4), (5), (6), (7), (8), and (9) of section 214(b). In
exercising oversight responsibilities pursuant to any such grant, an
agency shall consider the necessity of maintaining the professional
independence and integrity of the grantee in carrying out such
functions.
SEC. 216. USIA SATELLITE AND TELEVISION.
The President is authorized to delegate any of the authorities and
duties under section 505 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1464a) to any agency of the
United States Government.
SEC. 217. REPEAL OF BOARD FOR INTERNATIONAL BROADCASTING ACT.
The Board for International Broadcasting Act of 1973 (22 U.S.C.
2871 et seq.) is repealed.
SEC. 218. CONFORMING AMENDMENTS.
(a) The Radio Broadcasting to Cuba Act (22 U.S.C. 1465) is amended
by striking out sections 2 and 5.
(b) The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa) is
amended by striking out section 242.
(c) The United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1463) is amended by striking out section 503.
SEC. 219. ISRAEL RELAY STATION.
Section 301(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991, is repealed.
SEC. 220. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 1994
and for each subsequent fiscal year, any funds appropriated for the
purposes of this part shall not be available for obligation or
expenditure--
(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) Subsequent Authorization.--The limitation under subsection (a)
shall not apply to the extent that an authorization of appropriations
is enacted after such funds are appropriated.
(c) Application.--The provisions of this section--
(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered under or pursuant to
this part.
SEC. 221. REPORT ON ADVERTISING.
Not later than one year after the date of enactment of this Act,
each agency of the United States Government which carries out
international broadcasting supported by United States Government
funding shall prepare and submit a report to the Congress concerning
efforts to sell advertising. Each such report shall include information
with respect to the amount of advertising which has been sold, the
revenue generated by the sale of advertising, and an evaluation of the
potential for sales of advertising.
PART C--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 231. SECURITY REQUIREMENTS OF USIA.
Section 401(e) of the Omnibus Diplomatic Security and Anti-
Terrorism Act of 1986 (22 U.S.C. 4851(e)) is amended--
(1) by inserting ``(1)'' immediately before ``Based''; and
(2) by adding at the end the following:
``(2) Paragraph (1) may not be construed to prohibit
separate authorization of appropriations for security
requirements of other foreign affairs agencies.''.
SEC. 232. EMPLOYMENT AUTHORITY.
Section 804(6) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1474(6)) is amended to read as follows:
``(6) employ individuals or organizations by contract for
services to be performed in the United States or abroad, who
shall not, by virtue of such employment, be considered to be
employees of the United States Government for the purposes of
any law administered by the Office of Personnel Management,
except that the Director may determine the applicability to
such individuals of paragraph (5) of this section.''.
SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.
Section 704 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1477(b)) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``(1) the'' and inserting ``(A)'';
(3) by striking ``(2)'' and inserting ``(B)''; and
(4) by adding at the end the following new paragraphs:
``(2) In carrying out this subsection, there may be
established a Buying Power Maintenance account.
``(3) In order to eliminate substantial gains to the
approved levels of overseas operations for the United States
Information Agency, the Director shall transfer to the Buying
Power Maintenance account such amounts in the Salaries and
Expenses appropriations as the Director determines are
excessive to the needs of the approved level of operations
under that appropriation account because of fluctuations in
foreign currency exchange rates or changes in overseas wages
and prices.
``(4) In order to offset adverse fluctuations in foreign
currency exchange rates or foreign wages and prices, the
Director may transfer from the Buying Power Maintenance account
to the Salaries and Expenses appropriation such amounts as the
Director determines are necessary to maintain the approved
level of operations under that appropriation account.
``(5) Funds transferred by the Director from the Buying
Power Maintenance account to another account shall be merged
with and be available for the same purpose, and for the same
time period, as the funds in that other account. Funds
transferred by the Director from another account to the Buying
Power Maintenance account shall be merged with the funds in the
Buying Power Maintenance account and shall be available for the
purposes of that account until expended.
``(6) Any restriction contained in an appropriation Act or
other provision of law limiting the amounts available for the
United States Information Agency that may be obligated or
expended shall be deemed to be adjusted to the extent necessary
to offset the net effect of fluctuations in foreign currency
exchange rates or overseas wage and price changes in order to
maintain approved levels.
``(7)(A) Subject to the limitations contained in this
paragraph, not later than the end of the 5th fiscal year after
the fiscal year for which funds are appropriated or otherwise
made available for the Salaries and Expenses account, the
Director may transfer any unobligated balance of such funds to
the Buying Power Maintenance account.
``(B) The balance of the Buying Power Maintenance account
may not exceed $50,000,000 as a result of any transfer under
this paragraph.
``(C) Any transfer pursuant to this paragraph shall be
treated as a reprogramming of funds under section 705 and shall
be available for obligation or expenditure only in accordance
with the procedures under such section.
``(D) The authorities contained in this section may only be
exercised to such an extent and in such amounts as specifically
provided in advance in appropriation Acts.''.
SEC. 234. CONTRACT AUTHORITY.
Section 802(b) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1472(b)) is amended by adding at the
end the following:
``(4) Notwithstanding the other provisions of this
subsection, the United States Information Agency is authorized
to enter into contracts for periods not to exceed 7 years for
circuit capacity to distribute radio and television
programs.''.
SEC. 235. APPROPRIATIONS AUTHORITIES.
Subsection (f) of section 701 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by
striking paragraph (4).
SEC. 236. FUNDS PROVIDED BY OTHER SOURCES.
The United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1431 et seq.) is amended--
(1) by repealing title IX; and
(2) by adding after section 812 the following new section:
``SEC. 813. FUNDS PROVIDED BY OTHER SOURCES.
``(a) Authority.--If the Director of the United States Information
Agency determines that it is in the public interest, the Director may
accept any funds, property, or services made available by any
government or private entity in the United States or a foreign country,
or by an international organization of which the United States is a
member, to be used for the purposes of any program under this Act.
``(b) Special Account.--Funds received under subsection (a) are
authorized to be deposited in a separate account in the Treasury of the
United States and are authorized to remain available until expended for
the specified purpose or to carry out any of the purposes of this
Act.''.
SEC. 237. TECHNICAL AMENDMENT.
Section 105 of Public Law 87-256 is amended by striking out
subsection (a).
SEC. 238. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.
Section 504(h) of the National Endowment for Democracy Act (22
U.S.C. 4413(h)) is amended by striking ``accounts'' and inserting
``bank accounts or separate self-balancing ledger accounts''.
SEC. 239. AMERICAN STUDIES COLLECTIONS.
(a) Authority.--In order to promote a thorough understanding of the
United States among emerging elites abroad, the Director of the United
States Information Agency is authorized to establish and support
collections at appropriate university libraries abroad to further the
study of the United States, and to enter into agreements with such
universities for such purposes.
(b) Design and Development.--Such collections--
(1) shall be developed in consultation with United States
associations and organizations of scholars in the principal
academic disciplines in which American studies are conducted;
and
(2) shall be designed primarily to meet the needs of
undergraduate and graduate students of American studies.
(c) Site Selection.--In selecting universities abroad as sites for
such collections, the Director shall--
(1) ensure that such universities are able, within a
reasonable period of the establishment of such collections, to
assume responsibility for their maintenance in current form;
(2) ensure that undergraduate and graduate students shall
enjoy reasonable access to such collections; and
(3) include in any agreement entered into between the
United States Information Agency and a university abroad, terms
embodying a contractual commitment of such maintenance and
access under this subsection.
SEC. 240. SOUTH PACIFIC EXCHANGE PROGRAMS.
(a) Authorized Programs.--The Director of the United States
Information Agency is authorized to award academic scholarships to
qualified students from the sovereign nations of the South Pacific
region to pursue undergraduate and postgraduate study at institutions
of higher education in the United States; to make grants to
accomplished United States scholars and experts to pursue research, to
teach, or to offer training in such nations; and to make grants for
youth exchanges.
(b) Limitation.--Grants awarded to United States scholars and
experts may not exceed 10 percent of the total funds awarded for any
fiscal year for programs under this section.
SEC. 241. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
Section 112 of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460) is amended by adding at the end the following:
``(f) The President shall ensure that all exchange programs
conducted by the United States Government, its departments and
agencies, directly or through agreements with other parties, are
coordinated through the Bureau to ensure that such exchanges are
consistent with United States foreign policy and to avoid duplication
of effort. The President shall report annually to the Congress on such
coordination. Such report shall include information concerning what
exchanges are supported by the United States, the number of exchange
participants supported, the types of exchange activities, and the total
amount of Federal expenditures for such exchanges.''.
SEC. 242. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL
EXPOSITIONS.
Notwithstanding any other provision of law, the United States
Information Agency is not authorized to reprogram or to obligate or
expend any funds for a United States pavilion or other major exhibit at
any international exposition or world's fair without an express
authorization of appropriations for such purpose.
SEC. 243. PRIVATE SECTOR OPPORTUNITES.
Section 104(e)(4) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2454) is amended by inserting before the period
``, and of similar services and opportunities for interchange not
supported by the United States Government''.
SEC. 244. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.
The Director of the United States Information Agency shall
establish programs of educational and cultural exchange between the
United States and the people of Tibet. Such programs shall include
opportunities for training and, as the Director considers appropriate,
may include the assignment of personnel and resources abroad.
PART D--MIKE MANSFIELD FELLOWSHIPS
SEC. 251. SHORT TITLE.
This part may be cited as the ``Mike Mansfield Fellowship Act''.
SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) Establishment.--(1) There is hereby established the ``Mike
Mansfield Fellowship Program'' pursuant to which the Director of the
United States Information Agency will make grants, subject to the
availability of appropriations, to the Mansfield Center for Pacific
Affairs to award fellowships to eligible United States citizens for
periods of 2 years each (or, pursuant to section 253(5)(C), for such
shorter period of time as the Center may determine based on a Fellow's
level of proficiency in the Japanese language or knowledge of the
political economy of Japan) as follows:
(A) During the first year each fellowship recipient will
study the Japanese language as well as Japan's political
economy.
(B) During the second year each fellowship recipient will
serve as a Fellow in a parliamentary office, ministry, or other
agency of the Government of Japan or, subject to the approval
of the Center, a nongovernmental Japanese institution
associated with the interests of the fellowship recipient,
consistent with the purposes of this part.
(2) Fellowships under this part may be known as ``Mansfield
Fellowships'', and individuals awarded such fellowships may be known as
``Mansfield Fellows''.
(b) Eligibility of Center for Grants.--Grants may be made to the
Center under this section only if the Center agrees to comply with the
requirements of section 253.
(c) International Agreement.--The Director of the United States
Information Agency should enter into negotiations for an agreement with
the Government of Japan for the purpose of placing Mansfield Fellows in
the Government of Japan.
(d) Private Sources.--The Center is authorized to accept, use, and
dispose of gifts or donations of services or property in carrying out
the fellowship program, subject to the review and approval of the Board
described in section 255.
SEC. 253. PROGRAM REQUIREMENTS.
The program established under this part shall comply with the
following requirements:
(1) United States citizens who are eligible for fellowships
under this part shall be employees of the Federal Government
having at least two years experience in any branch of the
Government, a strong career interest in United States-Japan
relations, and a demonstrated commitment to further service in
the Federal Government.
(2) Not less than 10 fellowships shall be awarded each
year.
(3) Mansfield Fellows shall agree--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Japan, as
determined by the Center, as a condition of continued
receipt of Federal funds; and
(B) to return to the Federal Government for further
employment for a period of at least 2 years following
the end of their fellowships, unless, in the
determination of the Center, the Fellow is unable (for
reasons beyond the Fellow's control and after receiving
assistance from the Center as provided in paragraph
(8)) to find reemployment for such period.
(4) During the period of the fellowship, the Center shall
provide each Mansfield Fellow--
(A) a stipend at a rate of pay equal to the rate of
pay that individual was receiving when he or she
entered the program, plus a cost-of-living adjustment
calculated at the same rate of pay, and for the same
period of time, for which such adjustments were made to
the salaries of individuals occupying competitive
positions in the civil service during the same period
as the fellowship; and
(B) certain allowances and benefits as that
individual would have been entitled to, but for his or
her separation from Government service, as a United
States Government civilian employee overseas under the
Standardized Regulations (Government Civilians, Foreign
Areas) of the Department of State, as follows: a living
quarters allowance to cover the cost of housing in
Japan, a post allowance to cover the significantly
higher costs of living in Japan, a temporary quarters
subsistence allowance for up to 7 days for Fellows
unable to find housing immediately upon arrival in
Japan, an education allowance to assist parents in
providing their children with educational services
ordinarily provided without charge by United States
public schools, moving expenses of up to $3,000 for
personal belongings of Fellows and their families in
their move to Japan and up to $500 for Fellows residing
outside the Washington, D.C. area in moving to the
Washington, D.C. area, and one-round-trip economy-class
airline ticket to Japan for each Fellow and the
Fellow's immediate family.
(5)(A) For the first year of each fellowship, the Center
shall provide Fellows with intensive Japanese language training
in the Washington, D.C., area, as well as courses in the
political economy of Japan.
(B) Such training shall be of the same quality as training
provided to Foreign Service officers before they are assigned
to Japan.
(C) The Center may waive any or all of the training
required by subparagraph (A) to the extent that a Fellow has
Japanese language skills or knowledge of Japan's political
economy, and the 2 year fellowship period shall be shortened to
the extent such training is less than one year.
(6) Any Mansfield Fellow not complying with the
requirements of this section shall reimburse the United States
Information Agency for the Federal funds expended for the
Fellow's participation in the fellowship, together with
interest on such funds (calculated at the prevailing rate), as
follows:
(A) Full reimbursement for noncompliance with
paragraph (3)(A) or (9); and
(B) pro rata reimbursement for noncompliance with
paragraph (3)(B) for any period the Fellow is
reemployed by the Federal Government that is less than
the period specified in paragraph (3)(B), at a rate
equal to the amount the Fellow received during the
final year of the fellowship for the same period of
time, including any allowances and benefits provided
under paragraph (4).
(7) The Center shall select Mansfield Fellows based solely
on merit. The Center shall make positive efforts to recruit
candidates reflecting the cultural, racial, and ethnic
diversity of the United States.
(8) The Center shall assist any Mansfield Fellow in finding
employment in the Federal Government if such Fellow was not
able, at the end of the fellowship, to be reemployed in the
agency from which he or she separated to become a Fellow.
(9) No Mansfield Fellow may engage in any intelligence or
intelligence-related activity on behalf of the United States
Government.
(10) The accounts of the Center shall be audited annually
in accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants, certified or licensed by a
regulatory authority of a State or other political subdivision
of the United States. The audit shall be conducted at the place
or places where the accounts of the Center are normally kept.
All books, accounts, financial records, files, and other
papers, things, and property belonging to or in use by the
Center and necessary to facilitate the audit shall be made
available to the person or persons conducting the audit, and
full facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians
shall be afforded to such person or persons.
(11) The Center shall provide a report of the audit to the
Board no later than six months following the close of the
fiscal year for which the audit is made. The report shall set
forth the scope of the audit and include such statements,
together with the independent auditor's opinion of those
statements, as are necessary to present fairly the Center's
assets and liabilities, surplus or deficit, with reasonable
detail, including a statement of the Center's income and
expenses during the year, including a schedule of all contracts
and grants requiring payments in excess of $5,000 and any
payments of compensation, salaries, or fees at a rate in excess
of $5,000 per year. The report shall be produced in sufficient
copies for the public.
SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS.
(a) Separation.--Under such terms and conditions as the agency head
may direct, any agency of the United States Government may separate
from Government service for a specified period any officer or employee
of that agency who accepts a fellowship under the program established
by this part.
(b) Reemployment.--Any Mansfield Fellow, at the end of the
fellowship, is entitled to be reemployed in the same manner as if
covered by section 3582 of title 5, United States Code.
(c) Rights and Benefits.--Notwithstanding section 8347(o), 8713, or
8914 of title 5, United States Code, and in accordance with regulations
of the Office of Personnel Management, an employee, while serving as a
Mansfield Fellow, is entitled to the same rights and benefits as if
covered by section 3582 of title 5, United States Code. The Center
shall reimburse the employing agency for any costs incurred under
section 3582 of title 5, United States Code.
(d) Compliance With Budget Act.--Funds are available under this
section to the extent and in the amounts provided in appropriation
Acts.
SEC. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.
(a) Establishment.--There is hereby established the Mansfield
Fellowship Review Board.
(b) Composition.--The Board shall be composed of 11 individuals, as
follows:
(1) The Secretary of State, or the Secretary's designee.
(2) The Secretary of Defense, or the Secretary's designee.
(3) The Secretary of the Treasury, or the Secretary's
designee.
(4) The Secretary of Commerce, or the Secretary's designee.
(5) The United States Trade Representative, or the Trade
Representative's designee.
(6) The Chief Justice of the United States, or the Chief
Justice's designee.
(7) The Majority Leader of the Senate, or the Majority
Leader's designee.
(8) The Minority Leader of the Senate, or the Minority
Leader's designee.
(9) The Speaker of the House of Representatives, or the
Speaker's designee.
(10) The Minority Leader of the House of Representatives,
or the Minority Leader's designee.
(11) The Director of the United States Information Agency,
who shall serve as the chairperson of the Board, or the
Director's designee.
(c) Functions.--(1) The Board shall review the administration of
the program assisted under this part.
(2)(A) Each year at the time of the submission of the President's
budget request to the Congress, the Board shall submit to the President
and the Congress a report completed by the Center with the approval of
the Board on the conduct of the program during the preceding year.
(B) Each such report shall contain--
(i) an analysis of the assistance provided under the
program for the previous fiscal year and the nature of the
assistance provided;
(ii) an analysis of the performance of the individuals who
received assistance under the program during the previous
fiscal year, including the degree to which assistance was
terminated under the program and the extent to which individual
recipients failed to meet their obligations under the program;
and
(iii) an analysis of the results of the program for the
previous fiscal year, including, at a minimum, the cumulative
percentage of individuals who received assistance under the
program who subsequently became employees of the United States
Government and, in the case of individuals who did not
subsequently become employees of the United States Government,
an analysis of the reasons why they did not become employees
and an explanation as to what use, if any, was made of the
assistance given to those recipients.
(d) Compensation.--Members of the Board shall not be paid
compensation for services performed on the Board.
(e) Availability of Support Staff.--The Director of the United
States Information Agency is authorized to provide for necessary
secretarial and staff assistance for the Board.
(f) Relationship to Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to the Board to the extent that
the provisions of this section are inconsistent with such Act.
SEC. 256. DEFINITIONS.
For purposes of this part--
(1) the term ``agency of the United States Government''
includes any agency of the legislative branch and any court of
the judicial branch as well as any agency of the executive
branch;
(2) the term ``agency head'' means--
(A) in the case of the executive branch of
Government or an agency of the legislative branch other
than the House of Representatives or the Senate, the
head of the respective agency;
(B) in the case of the judicial branch of
Government, the chief judge of the respective court;
(C) in the case of the Senate, the President pro
tempore, in consultation with the Majority Leader and
Minority Leader of the Senate; and
(D) in the case of the House of Representatives,
the Speaker of the House, in consultation with the
Majority Leader and Minority Leader of the House;
(3) the term ``Board'' means the Mike Mansfield Fellowship
Review Board; and
(4) the term ``Center'' means the Mansfield Center for
Pacific Affairs.
PART E--FACILITATION OF PRIVATE SECTOR INITIATIVES
SEC. 261. SHORT TITLE.
This part may be cited as the ``Free Trade in Ideas Act of 1993''.
SEC. 262. EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS.
(a) International Emergency Economic Powers Act.--Section 203(b)(3)
of the International Emergency Economic Powers Act (50 U.S.C. 1702(b))
is amended to read as follows:
``(3)(A) the importation from or exportation to any
country, or the communication or telecommunication or other
form of transmission to any country, of information or
informational materials which--
``(i) include, but are not limited to--
``(I) publications, films, posters,
phonograph records, photographs, microfilms,
microfiche, audiotapes and videotapes,
artworks, telephone conversations, other voice
or data communications or telecommunications,
telecasts, and news wire feeds,
``(II) other forms of telecommunications,
and
``(III) other materials the creation and
circulation of which in the United States would
be protected by the First Amendment to the
United States Constitution,
whether those materials are in existence at the time of
or are to be created subsequent to or pursuant to a
transaction or activity described in this paragraph;
and
``(ii) are information and informational materials
that are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 and
with respect to which no acts are prohibited by chapter
37 of title 18, United States Code;
``(B) travel related to any such importation, exportation,
communication, telecommunication, or transmission;
``(C) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise; or
``(D) other transactions incidental to any activity or
transaction described in subparagraph (A), (B), or (C);''.
(b) Export Administration Act of 1979.--Section 6 of the Export
Administration Act of 1979 (22 U.S.C. 2405) is amended by adding at the
end the following new subsection:
``(t) Information and Informational Materials.--(1) This section
does not authorize export controls on--
``(A) information or informational materials;
``(B) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise; or
``(C) other transactions incidental to the export of any
information or informational materials or to any transaction
described in subparagraph (B).
``(2) The information and informational materials referred to in
paragraph (1) include, but are not limited to--
``(A) publications, films, posters, phonograph records,
photographs, microfilms, microfiche, audiotapes and videotapes,
artworks, telephone conversations, other voice or data
communications or telecommunications, telecasts, and news wire
feeds;
``(B) other forms of telecommunications; and
``(C) other materials the creation and circulation of which
in the United States are protected by the First Amendment to
the United States Constitution.''.
(c) Trading With the Enemy Act.--
(1) Exchange of information and related transactions.--
Section 5(b)(4) of the Trading With the Enemy Act (50 U.S.C.
App. section 5(b)) is amended to read as follows:
``(4)(A) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly--
``(i) the importation from or exportation to any country,
or the communication or telecommunication or other form of
transmission to any country, of information or informational
materials;
``(ii) travel related to any such importation, exportation,
communication, telecommunication, or transmission;
``(iii) transactions for the creation or circulation of or
otherwise concerning such information or informational
materials, or any rights in such information or informational
materials, whether commercial or otherwise, or
``(iv) other transactions incidental to any activity or
transaction described in clause (i), (ii), or (iii).
``(B) The information and informational materials referred to in
subparagraph (A)--
``(i) include, but are not limited to--
``(I) publications, films, posters, phonograph
records, photographs, microfilms, microfiche,
audiotapes and videotapes, artworks, telephone
conversations, other voice or data communications or
telecommunications, telecasts, and news wire feeds,
``(II) other forms of telecommunications, and
``(III) other materials the creation and
circulation of which in the United States would be
protected by the First Amendment to the United States
Constitution,
whether those materials are in existence at the time of or are
to be created subsequent to or pursuant to a transaction or
activity described in subparagraph (A); and
``(ii) are information and informational materials that are
not otherwise controlled for export under section 5 of the
Export Administration Act of 1979 and with respect to which no
acts are prohibited by chapter 37 of title 18, United States
Code.''.
SEC. 263. EDUCATIONAL, CULTURAL, RELIGIOUS, AND SCIENTIFIC ACTIVITIES
AND EXCHANGES.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended by adding at the end thereof the following:
``(5) financial or other transactions, or travel, incident
to--
``(A) activities of scholars,
``(B) other educational or academic activities,
``(C) exchanges in furtherance of any such
activities,
``(D) cultural activities and exchanges,
``(E) public exhibitions or performances by the
nationals of one country in another country, or
``(F) activities of religious organizations,
to the extent that any such activities, exchanges, exhibitions,
or performances are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 and to the
extent that, with respect to such activities, exchanges,
exhibitions, or performances, no acts are prohibited by chapter
37 of title 18, United States Code; or''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act is amended by adding at the end thereof the following:
``(6) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, financial or other transactions, or travel, incident to--
``(A) activities of scholars,
``(B) other educational or academic activities,
``(C) exchanges in furtherance of any such activities,
``(D) cultural activities and exchanges,
``(E) public exhibitions or performances by the nationals
of one country in another country, or
``(F) activities of religious organizations,
to the extent that any such activities, exchanges, exhibitions, or
performances are not otherwise controlled for export under section 5 of
the Export Administration Act of 1979 and to the extent that, with
respect to such activities, exchanges, exhibitions, or performances, no
acts are prohibited by chapter 37 of title 18, United States Code.''.
SEC. 264. ESTABLISHMENT OF NEWS BUREAUS.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended by adding at the end thereof the following:
``(6) financial or other transactions related to the
establishment of bureaus by United States news organizations in
foreign countries, or the establishment of news bureaus in the
United States by foreign news organizations.''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the
following:
``(7) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, financial or other transactions related to the
establishment of bureaus by United States news organizations in foreign
countries, or the establishment of news bureaus in the United States by
foreign news organizations.''.
SEC. 265. FOREIGN ASSISTANCE ACT OF 1961.
Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)) is amended by adding at the end thereof the following:
``(3) Notwithstanding paragraph (1), the authority granted to the
President in such paragraph does not include the authority to regulate
or prohibit, directly or indirectly, any activities or transactions
which may not be regulated or prohibited under paragraphs (4), (5),
(6), or (7) of section 5(b) of the Trading With the Enemy Act.''.
SEC. 266. UNITED NATIONS PARTICIPATION ACT OF 1945.
Section 5(a) of the United Nations Participation Act of 1945 (22
U.S.C. 287c) is amended by adding after the first sentence the
following: ``The authority granted under this section does not include
the authority to regulate or prohibit any of the activities which may
not be regulated or prohibited under paragraphs (3), (4), (5), and (6)
of section 203(b) of the International Emergency Economic Powers
Act.''.
SEC. 267. APPLICABILITY.
(a) International Emergency Economic Powers Act.--The amendments
made by sections 262(a), 263(a), and 264(a), apply to actions taken by
the President under the International Emergency Economic Powers Act
before the date of the enactment of this Act which are in effect on
such date of enactment, and to actions taken under such section on or
after such date of enactment.
(b) Trading With the Enemy Act.--
(1) The authorities conferred upon the President by section
5(b) of the Trading With the Enemy Act, which were being
exercised with respect to a country on July 1, 1977, as a
result of a national emergency declared by the President before
the date, and are being exercised on the date of the enactment
of this Act, do not include the authority to regulate or
prohibit, directly or indirectly, any activity which, under
paragraph (4), (5), (6), or (7) of section 5(b) of the Trading
With the Enemy Act, as amended and added by this Act, may not
be regulated or prohibited.
(2) The amendments made by sections 262(c), 263(b), and
264(b) apply to actions taken by the President under section
5(b) of the Trading With the Enemy Act before the date of the
enactment of this Act which are in effect on such date of
enactment, and to actions taken under such section on or after
such date of enactment.
(3) This subsection does not alter the status of assets
blocked pursuant to the Trading With the Enemy Act before the
date of the enactment of this Act.
(c) Export Administration Act of 1979.--The amendment made by
section 262(b) shall apply to actions taken by the President under
section 6 of the Export Administration Act of 1979 before the date of
the enactment of this Act which are in effect on such date of
enactment, and to actions taken under such section on or after such
date of enactment.
(d) Foreign Assistance Act.--
(1) The amendment made by section 265 applies to actions
taken by the President under section 620(a)(1) of the Foreign
Assistance Act of 1961 before the date of the enactment of this
Act which are in effect on such date of enactment, and to
actions taken under such section on or after such date of
enactment.
(2) Paragraph (1) does not alter the status of assets
blocked pursuant to section 620(a)(1) of the Foreign Assistance
Act of 1961 before the date of the enactment of this Act.
TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 301. PURPOSES.
The purposes of this title are--
(1) to provide renewed impetus in improving the United
States Government's ability to manage the complex process of
negotiating and implementing arms control treaties;
(2) to provide central leadership and coordination to
United States nonproliferation policy; and
(3) to improve congressional oversight of the operating
budget of the United States Arms Control and Disarmament
Agency.
SEC. 302. ACDA DIRECTOR.
(a) Director.--Section 22 of the Arms Control and Disarmament Act
(22 U.S.C. 2562) is amended to read as follows:
``SEC. 22. DIRECTOR.
``(a) Appointment.--The Agency shall be headed by a Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate. No person serving on active duty as a commissioned
officer of the Armed Forces of the United States may be appointed
Director.
``(b) Duties.--The Director shall serve as the principal adviser to
the President and other executive branch officials on matters relating
to arms control, disarmament, and nonproliferation. In carrying out his
or her duties under this Act, the Director, under the guidance of the
Secretary of State, shall have primary responsibility for matters
relating to arms control, disarmament, and nonproliferation, as defined
by this Act.''.
(b) Permanent Membership on National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is
amended--
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) the Director of the United States Arms Control and
Disarmament Agency;''.
SEC. 303. SPECIAL REPRESENTATIVES.
(a) In General.--Section 27 of the Arms Control and Disarmament Act
(22 U.S.C. 2567) is amended to read as follows:
``SEC. 27. SPECIAL REPRESENTATIVES.
``(a) Appointment.--The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of the
President for Arms Control, Disarmament, and Nonproliferation. Each
Presidential Special Representative shall hold the rank of ambassador.
``(b) Duties.--Presidential Special Representatives shall perform
their duties and exercise their powers under direction of the
President, acting through the Director. One such Special Representative
shall serve as the United States Governor to the Board of Governors of
the International Atomic Energy Agency.
``(c) Administrative Support.--The Agency shall be the Government
agency responsible for providing administrative support, including
funding, staff, and office space, to all Presidential Special
Representatives appointed under this section.''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Special Representatives for Arms Control
and Disarmament Negotiations, United States Arms Control and
Disarmament Agency (2).'' and inserting ``Special Representatives of
the President for Arms Control and Nonproliferation.''.
SEC. 304. NEGOTIATION MANAGEMENT.
Section 34 of the Arms Control and Disarmament Act (22 U.S.C. 2574)
is amended to read as follows:
``SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.
``The Director shall have primary responsibility for the
preparation and management of United States participation in all
international negotiations and implementation forums in the fields of
arms control, disarmament, and nonproliferation. To this end--
``(1) the Director shall have primary responsibility for
the preparation, formulation, support, and transmission of
instructions and guidance for all such negotiations and forums,
and shall manage interagency groups established within the
executive branch to support such negotiations and forums; and
``(2) all United States Government representatives
conducting negotiations or acting pursuant to agreements in the
fields of arms control, disarmament, or nonproliferation shall
perform their duties and exercise their powers, under the
direction of the President, acting through the Director.''.
SEC. 305. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.
(a) Arms Export Control Act.--
(1) Section 38(a)(2) of the Arms Export Control Act (22
U.S.C. 2778(a)(2)) is amended to read as follows:
``(2) Decisions on issuing export licenses under this section shall
be made in coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the Director's
assessment as to whether the export of an article will contribute to an
arms race, aid in the development of weapons of mass destruction,
support international terrorism, increase the possibility of outbreak
or escalation of conflict, or prejudice the development of bilateral or
multilateral arms control or nonproliferation agreements or other
bilateral arrangements.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is
amended by striking out all that follows ``(3)'' in the last
sentence and inserting the following: ``the assessment of the
Director of the United States Arms Control and Disarmament
Agency as to the extent to which such sale might contribute to
an arms race, aid in the development of weapons of mass
destruction, support international terrorism, increase the
possibility of outbreak or escalation of conflict, or prejudice
the development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements. No decision
shall be made over the objection of the Director unless the
Director has been informed in writing of the reasons why the
Director's opinion was not deemed sufficient to deny the
proposed sale, and afforded a reasonable opportunity to appeal
the proposed decision.''.
(3) Section 71 of such Act (22 U.S.C. 2797) is amended--
(A) in subsection (a) by inserting ``, the Director
of the United States Arms Control and Disarmament
Agency,'' after ``Secretary of Defense'';
(B) in subsection 7(b)(1) inserting ``and the
Director of the United States Arms Control and
Disarmament Agency'' after ``Secretary of Defense'';
and
(C) in subsection (b)(2)--
(i) by striking out ``and the Secretary of
Commerce'' and inserting in lieu thereof ``,
the Secretary of Commerce, and the Director of
the United States Arms Control and Disarmament
Agency''; and
(ii) by striking the comma after
``applicant'' and all that follows through
``documents''.
(b) Atomic Energy Act.--
(1) Section 131 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2160(b)) is amended--
(A) in paragraph (2) by inserting ``and the
Director of the United States Arms Control and
Disarmament Agency'' after ``Secretary of State''; and
(B) in paragraph (3) by inserting ``and the
Director of the United States Arms Control and
Disarmament Agency'' after ``Secretary of State''.
(2) Section 142 of such Act (42 U.S.C. 2162) is amended by
adding at the end thereof the following new subsection:
``f. All determinations under this section to remove data from the
Restricted Data category shall be made only after consultation with the
Director of the United States Arms Control and Disarmament Agency. If
the Commission, the Department of Defense, and the Director do not
agree, the determination shall be made by the President.''.
SEC. 306. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS BY ACDA.
Title IV of the Arms Control and Disarmament Act is amended by
adding at the end the following:
``SEC. 54. REPROGRAMMING OF FUNDS.
``(2) Congressional Notification of Certain Reprogrammings.--Unless
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate are notified at least
15 days in advance of the proposed reprogramming, funds appropriated to
carry out this Act (other than funds to carry out title V) shall not be
available for obligation or expenditure through any reprogramming of
funds that--
``(1) would create or eliminate a program, project, or
activity;
``(2) would increase funds or personnel by any means for
any program, project, or activity for which funds have been
denied or restricted by the Congress;
``(3) would relocate an office or employees;
``(4) would reorganize offices, programs, projects, or
activities;
``(5) would involve contracting out functions which had
been performed by Federal employees; or
``(6) would involve a reprogramming in excess of $500,000
or 10 percent (whichever is less) and would--
``(A) augment existing programs, projects, or
activities,
``(B) reduce by 10 percent or more the funding for
any existing program, project, activity, or personnel
approved by the Congress, or
``(C) result from any general savings from a
reduction in personnel that would result in a change in
existing programs, activities, or projects approved by
the Congress.
``(b) Limitation on End-of-year Reprogrammings.--Funds appropriated
to carry out this Act (other than funds to carry out title V) shall not
be available for obligation or expenditure through any reprogramming
described in paragraph (1) during the last 15 days in which such funds
are available for obligation or expenditure (as the case may be) unless
the notification required by that paragraph was submitted before that
15-day period.''.
SEC. 307. REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.
(b) Arms Control and Disarmament Agency.--Title IV of the Arms
Control and Disarmament Act is amended by adding at the end the
following:
``SEC. 55. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
``(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 1994
and for each subsequent fiscal year, any funds appropriated for the
Arms Control and Disarmament Agency shall not be available for
obligation or expenditure--
``(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
``(2) in excess of the authorized level of appropriations.
``(b) Subsequent Authorization.--The limitation under subsection
(a) shall not apply to the extent that an authorization of
appropriations is enacted after such funds are appropriated.
``(c) Application.--The provisions of this section--
``(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
``(2) shall not apply to, or affect in any manner,
permanent appropriations, trust funds, and other similar
accounts which are authorized by law and administered by the
Arms Control and Disarmament Agency.''.
DIVISION B--FOREIGN ASSISTANCE AND RELATED PROGRAMS
TITLE XI--REFORM OF FOREIGN ASSISTANCE PROGRAMS
SEC. 1101. NEED FOR FOREIGN ASSISTANCE REFORM.
(a) Need for Reform.--The Congress--
(1) remains convinced that United States foreign assistance
programs and the Agency for International Development are in
need of immediate reform; and
(2) remains prepared to enact reform legislation in time
for the fiscal year 1995 authorization and appropriations
cycle.
(b) Comprehensive Reform Plan.--To facilitate this reform process,
the President shall submit to the Congress, within 60 days after the
date of enactment of this Act, a plan for comprehensive reform of
United States foreign assistance programs and of the agency primarily
responsible for administering part I of the Foreign Assistance Act of
1961.
SEC. 1102. EVALUATION AND ACCOUNTABILITY.
(a) Need for Evaluation.--In order to effectively and responsibily
manage the resources with which it is provided, the agency primarily
responsible for administering part I of the Foreign Assistance Act of
1961 must have a capacity to evaluate objectively the extent of its
progress in achieving development results and to derive lessons from
its development experience.
(b) Actions To Be Taken.--In furtherance of subsection (a), the
President shall establish a program performance, monitoring, and
evaluation capacity with the following functions:
(1) To strengthen, through training and other means, the
use of program performance, monitoring, and evaluation as a
management tool, by both the agency and its counterparts in
countries receiving assistance, in the planning, designing, and
implementation of foreign assistance projects and programs.
(2) To develop a program performance information system to
afford agency managers at all levels a means for monitoring and
assessing achievement of impact and interim performance of the
agency's major programs in support of the strategic management
of economic assistance.
(3) To prepare and disseminate objective and periodic
reports on the progress of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 in
meeting development objectives and on lessons learned from its
development programs.
(4) To strengthen the capacity to utilize the findings of
program performance, measurement, and evaluation in decisions
of that agency about program direction and resource allocation.
(5) To coordinate with the Inspector General of the agency
primarily responsible for admininstering part I of the Foreign
Assistance Act of 1961 so as to ensure appropriate
complementarity of efforts, recognizing that--
(A) it is the responsibility of the agency to
direct a system of performance measurement and
independent evaluations of its programs and policies,
as well as the operational and management systems that
affect the development impact of those programs and
policies; and
(B) it is the responsibility of the Inspector
General to conduct regular and comprehensive
assessments and audit of financial management and
administrative systems, including the adequacy of the
systems for monitoring and evaluating agency projects
and programs.
(c) Accountability.--The President shall prepare an annual report
to the Congress as a separate part of the congressional presentation
materials of the agency primarily responsible for administering part I
of the Foreign Assistance Act of 1961. This report shall include the
following:
(1) An assessment of progress toward the achievement of
sustainable development objectives, based on the findings of
program performance, monitoring, and evaluation studies
conducted by that agency and on such other empirical analyses
as may be appropriate.
(2) An analysis, on a country-by-country basis (with each
country receiving economic assistance under part I of the
Foreign Assistance Act of 1961 or the Support for East European
Democracy (SEED) Act of 1989 being included at least once every
5 years), of the impact on economic development in each country
during the preceding 3 to 5 fiscal years of United States
economic assistance programs, with a discussion of the United
States interests that were served by the assistance. For each
such country, the analysis shall--
(A) describe the specific objectives the United
States sought to achieve in providing economic
assistance, and specify the extent to which those
objectives were or were not achieved;
(B) to the extent possible, be done on a sector-by-
sector basis and identify trends within each sector
and, if relevant, identify any economic policy reforms
conducive to sustainable economic growth that were
promoted by the assistance and the progress being made
by such country in adopting economic policies that
foster and enhance the freedom and opportunity of
individuals to participate in economic growth in that
country;
(C) as part of the context of United States
economic assistance, describe the amount and nature of
economic assistance provided by other major donors
during the preceding 3 to 5 fiscal years, set forth by
the development sector to the extent possible;
(D) describe the trends, both favorable and
unfavorable, in each development sector; and
(E) contain statistical and other information
necessary to evaluate the impact and effectiveness of
United States economic assistance on development in the
country.
TITLE XII--AUTHORIZATIONS FOR FOREIGN ASSISTANCE PROGRAMS
SEC. 1201. AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEAR 1994.
(a) Economic Assistance.--There are authorized to be appropriated
for fiscal year 1994 the following amounts for the following purposes:
(1) Development assistance fund.--$850,000,000 to carry out
sections 103 through 106 of the Foreign Assistance Act of 1961.
(2) Population, development assistance.--$395,000,000 to
carry out section 104(b) of the Foreign Assistance Act of 1961.
(3) Development fund for africa.--$900,000,000 to carry out
chapter 10 of part I of the Foreign Assistance Act of 1961.
(4) International disaster assistance.--$148,965,000 to
carry out section 491 of the Foreign Assistance Act of 1961.
(5) American schools and hospitals.--$35,000,000 to carry
out section 214 of the Foreign Assistance Act of 1961.
(6) Multilateral assistance initiative for the
philippines.--$30,000,000 for assistance for the Philippines
under chapter 4 of part I of the Foreign Assistance Act of
1961.
(7) Assistance for eastern europe and the baltic states.--
$400,000,000 for economic assistance for Eastern Europe and the
Baltic states under the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(8) Assistance for the independent states of the former
soviet union.--$903,820,000 to carry out chapter 11 of part I
of the Foreign Assistance Act of 1961 and to carry out
exchanges and training and similar programs under section 807
of the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992.
(9) Inter-american foundation.--$30,960,000 to carry out
section 401 of the Foreign Assistance Act of 1969.
(10) African development foundation.--$18,000,000 to carry
out the African Development Foundation Act.
(11) International fund for ireland.--$19,600,000 to carry
out part I of the Foreign Assistance Act of 1961, which shall
be available for the United States contribution to the
International Fund for Ireland in accordance with the Anglo-
Irish Agreeement Support Act of 1986. Amounts appropriated
under this paragraph are authorized to remain available until
expended.
(b) Security Assistance.--There are authorized to be appropriated
for fiscal year 1994 the following amounts for the following purposes:
(1) Foreign military financing program grants.--
$3,200,000,000 for grants under section 23 of the Arms Export
Control Act. Funds made available under this paragraph shall be
nonrepayable notwithstanding any requirement of that section.
(2) Foreign military financing program loans.--$57,000,000
for the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of loans under section 23 of the
Arms Export Control Act.
(3) Economic support fund.--$2,424,400,000 to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961.
(4) International military education and training.--
$40,000,000 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961.
(5) Anti-terrorism assistance.--$15,555,000 to carry out
chapter 8 of part II of the Foreign Assistance Act of 1961.
(6) Nonproliferation and disarmament fund.--$25,000,000 to
carry out section 504 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992.
(c) Peace Corps.--There are authorized to be appropriated
$219,745,000 for fiscal year 1994 to carry out the Peace Corps Act.
(d) Reductions in Previously Enacted Authorization For
International Narcotics Control Assistance.--Section 482(a)(1) of the
Foreign Assistance Act of 1961 is amended by striking ``$171,500,000''
and inserting ``$135,000,000''.
(e) Rule of Construction.--In order to ensure that all otherwise
applicable authorities, restrictions, and other provisions of law apply
with respect to the amounts that are authorized to be appropriated by
this section for fiscal year 1994, those amounts shall be deemed to be
authorized to be appropriated by the provision of the Foreign
Assistance Act of 1961 or other Act that provided the corresponding
authorization of appropriations for prior fiscal years.
SEC. 1202. HOUSING GUARANTEE PROGRAM.
(a) Authorizations.--
(1) Cost of guaranteed loans.--There are authorized to be
appropriated $16,407,000 for fiscal year 1994 for the cost (as
defined in section 502(5) of the Federal Credit Reform Act of
1990) of guaranteed loans under sections 221 and 222 of the
Foreign Assistance Act of 1961.
(2) Program ceiling.--Section 222(a) of that Act is amended
by striking ``$2,558,000,000'' in the second sentence and
inserting ``$3,000,000,000''.
(3) Program expiration date.--Section 222(a) of that Act is
amended by striking ``1992'' in the third sentence and
inserting ``1995''.
(4) Administrative expenses.--(A) There are authorized to
be appropriated $8,407,000 for fiscal year 1994 for
administrative expenses to carry out guaranteed loan programs
under sections 221 and 222 of that Act. Amounts appropriated
under this paragraph are authorized to remain available until
expended.
(B) Amounts appropriated under this paragraph may be
transferred to and merged with the appropriations for
``Operating Expenses of the Agency for International
Development''.
(b) Preferential Treatment to Projects in Poorer Countries.--
Section 222 of the Foreign Assistance Act of 1961 is amended--
(1) by redesignating subsection (k) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Preferential Consideration to Projects in Poorer Countries.--
In issuing guarantees under this section and in carrying out related
activities, the President shall give preferential consideration to
projects in countries with an annual per capita income of $1,196 or
less in 1991 United States dollars, and shall restrict guarantees and
related activities for projects in countries with an annual per capita
income of $5,190 or more in 1991 United States dollars.''.
(c) Fee Increase.--
(1) Study.--The administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961--
(A) shall conduct a study to determine the
feasibility of increasing the fees charged pursuant to
section 223(a) of that Act for guarantees issued under
sections 221 and 222 of that Act in an effort to reduce
the costs (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of the guarantee program;
and
(B) shall submit the results of this study to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate not later than 6 months after the date of
enactment of this Act.
(2) Policy.--The administrator should increase the fees
described in paragraph (1)(A) to the extent determined to be
feasible in the study conducted pursuant to this subsection.
SEC. 1203. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Program Authorization of Fiscal Year 1995.--Section 235(a) of
the Foreign Assistance Act of 1961 is amended--
(1) in paragraph (1) by striking ``$9,000,000,000'' and
inserting ``$10,000,000,000'';
(2) in paragraph (2)(A) by striking ``$2,500,000,000'' and
inserting ``$3,500,000,000''; and
(3) in paragraph (2)(B)--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting ``; and''; and
(C) by inserting after clause (ii) the following:
``(iii) to transfer such sums as are necessary from
its noncredit account revolving fund to pay for the
subsidy cost of a program level for the loan and loan
guarantee program under subsections (b) and (c) of
section 234 of $1,000,000,000 for fiscal year 1995.''.
(b) Termination Date.--Section 235(a)(3) of that Act is amended by
striking ``1994'' and inserting ``1995''.
(c) Administrative Expenses.--Section 235(g) of that Act is
amended--
(1) in paragraph (1) by striking ``and'';
(2) in paragraph (2) by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) $15,000,000 for fiscal year 1995.''.
SEC. 1204. SPECIAL DEBT REDUCTION AUTHORITY.
(a) Authority To Reduce Debt.--Notwithstanding any other provision
of law (other than the Federal Credit Reform Act of 1990), the
President may reduce amounts of principal and interest owed to the
United States (or any agency of the United States) by an eligible
country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Implementation of Paris Club Debt Reduction.--The authority
provided by this section may be exercised only to implement the
multilateral official debt relief ad referendum agreements that are
commonly referred to as ``Paris Club Agreed Minutes''.
(c) Appropriations Requirement.--The authority provided by this
section may be exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts in accordance with the
requirements of the Federal Credit Reform Act of 1990.
(d) Eligible Countries.--For purposes of this section, the term
``eligible country'' means a country that the President determines--
(1) has a heavy debt burden; and
(2) is eligible to borrow from the International
Development Association but not from the International Bank for
Reconstruction and Development (commonly referred to as an
``IDA-only'' country).
SEC. 1205. SPECIAL DEFENSE ACQUISITION FUND.
(a) Decapitalization.--Notwithstanding section 51(b) of the Arms
Export Control Act, collections described in that section that are in
excess of obligational authority provided in foreign operations, export
financing, and related appropriations Acts for fiscal years prior to
fiscal year 1994 shall be deposited in the Treasury as miscellaneous
receipts.
(b) Avoidance of Duplicative Provisions.--Subsection (a) shall not
apply if the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1994, contains an identical requirement.
TITLE XIII--REGIONAL PROVISIONS
SEC. 1301. SUB-SAHARAN AFRICA DISASTER ASSISTANCE.
The Congress expects that not less than $100,000,000 of the funds
made available for fiscal year 1994 to carry out section 491 of the
Foreign Assistance Act of 1961 (relating to international disaster
assistance) will be used for disaster relief, rehabilitation, and
reconstruction assistance for Sub-Saharan Africa.
SEC. 1302. AFRICAN DEVELOPMENT FOUNDATION.
(a) Ceiling on Assistance for a Project.--Section 505(a)(2) of the
African Development Foundation Act is amended by adding at the end the
following: ``In exceptional circumstances, the board of directors of
the Foundation may waive such dollar limitation with respect to a
project. Any such waivers shall be reported to the Congress
annually.''.
(b) Authority to Employ Aliens.--Section 506(a) of that Act is
amended--
(1) by redesignating paragraphs (8) through (12) as
paragraphs (9) through (13), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) when determined by the president of the Foundation to
be necessary (but subject to the limitation established by
paragraph (7) on the number of Foundation employees), may
employ persons who are not citizens of the United States
notwithstanding any provision of law that would otherwise
prohibit the use of appropriated funds to pay the compensation
of officers or employees of the Government who are not citizens
of the United States;''.
(c) Travel Expenses.--
(1) Members of board.--Section 507(b) of that Act is
amended by striking ``actual and necessary expenses not
exceeding $100 per day, and for transportation expenses,'' and
inserting ``travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5, United
States Code,''.
(2) Conforming amendment.--Section 507(e)(3) of that Act is
amended by striking ``and other expenses'' and inserting
``expenses, including per diem in lieu of subsistence,''.
(d) Interest Accruing to Grantees.--
(1) Authority to retain.--The African Development
Foundation Act is amended by adding at the end the following:
``SEC. 511. INTEREST ACCRUING TO GRANTEES.
``When, with the permission of the Foundation, funds made available
to a grantee under this title are invested pending disbursement, the
resulting interest is not required to be deposited in the United States
Treasury if the grantee uses the resulting interest for the purpose for
which the grant was made.''.
(2) Effective date.--The amendment made by paragraph (1)
applies to both interest earned before and interest earned
after the date of enactment of this Act.
SEC. 1303. CONFLICT RESOLUTION INITIATIVE FOR AFRICA.
(a) Improving OAU's Conflict Resolution Capabilities.--
(1) Description of assistance.--The President is authorized
to provide assistance to help establish a permanent conflict
resolution capability within the Organization of African Unity
(referred to in this subsection as the ``OAU''), as follows:
(A) Funds may be provided to the OAU for use in
supporting its conflict resolution capability.
(B) Funds may be used for expenses of sending
individuals with expertise in conflict resolution (who
may include United States Government employees) from
the United States to work with the OAU for a period of
up to 2 years.
(C) Funds may be provided to the OAU to support the
establishment and maintenance of an African Conflict
Resolution Research Center that is linked to the OAU
secretariat.
(2) Funding.--Of the funds that are allocated for sub-
Saharan Africa under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the economic support fund),
up to $1,500,000 for each of the fiscal years 1994 through 1998
may be used to carry out paragraph (1), in addition to funds
otherwise available for such purpose.
(3) Requirement for approval of certain reforms.--
Assistance may be provided pursuant to this subsection only if
the President determines that the OAU has approved and is in
the process of implementing the reforms proposed by the
Secretary General of the OAU in February 1993 in the Interim
Report of the Secretary General on the Mechanisms for Conflict
Prevention, Resolution and Management.
(b) Improving Conflict Resolution Capabilities of Multilateral
Subregional Organizations.--
(1) Types of assistance to be provided.--The President is
authorized to provide assistance to help establish permanent
conflict resolution capabilities within subregional
organizations established by countries in sub-Saharan Africa,
as follows:
(A) Funds may be provided to such an organization
for use in supporting its conflict resolution
capability.
(B) Fund may be used for the expenses of sending
individuals with expertise in conflict resolution (who
may include United States Government employees) from
the United States to work with such an organization for
a period of up to 2 years.
(2) Funding.--Of the funds that are allocated for sub-
Saharan Africa under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the economic support fund),
up to $1,500,000 for each of the fiscal years 1994 through 1998
may be used to carry out paragraph (1)
(c) African Demobilization and Retraining Program.--
(1) In general.--In order to facilitate reductions in the
size of the armed forces of countries of sub-Saharan Africa,
the President is authorized to provide assistance for--
(A) encampment and related activities associated
with demobilization of such forces, and
(B) the retraining for civilian occupations of
military personnel who have been demobilized.
(2) Funding.--(A) Of the funds that are allocated for sub-
Saharan Africa under the ``Foreign Military Financing Program''
account under section 23 of the Arms Export Control Act, up to
$5,000,000 for fiscal year 1994 may be used for the assistance
described in paragraph (1)(A).
(B) Of the funds that are allocated for sub-Saharan Africa
under chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund), up to $5,000,000
for fiscal year 1994 may be used for the assistance described
in paragraph (1)(A).
(C) A portion of the funds made available for fiscal year
1994 to carry out chapter 10 of part I of the Foreign
Assistance Act of 1961 (relating to the Development Fund for
Africa) may be used for the assistance described in paragraph
(1)(B).
(d) IMET Conflict Resolution Program.--Chapter 5 of part II of the
Foreign Assistance Act of 1961 is amended by adding at the end the
following:
``SEC. 546. CONFLICT RESOLUTION PROGRAM FOR AFRICA.
``In addition to the other education and training activities
carried out under this chapter, the President shall establish a program
to provide education and training in conflict resolution for civilian
and military personnel of countries in sub-Saharan Africa.''.
SEC. 1304. SADC PROJECTS.
(a) Waiver of Brooke Amendment.--Section 620(q) of the Foreign
Assistance Act of 1961 and the corresponding section of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1994, shall not apply with respect to assistance provided for fiscal
year 1994 under section 496(o) of the Foreign Assistance Act of 1961.
(b) Technical Amendment.--Section 496(o) of the Foreign Assistance
Act of 1961 is amended--
(1) in the subsection heading by striking ``SADCC'' and
inserting ``SADC''; and
(2) in paragraph (1) by striking ``Coordination Conference
(SADCC)'' and inserting ``Community (SADC)''.
SEC. 1305. SOUTH AFRICA.
(a) Removal of Ceilings on Grants for Human Rights Projects.--
Section 116 of Foreign Assistance Act of 1961 is amended--
(1) by repealing subparagraphs (C) and (D) of subsection
(e)(2); and
(2) in subsection (f)--
(A) by repealing paragraph (2), and
(B) by striking ``(f)(1)'' and inserting ``(f)''
and by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively.
(b) Exception to Limitation on Assistance Recipients.--
(1) Assistance under section 116.--Section 116(e)(2)(B) of
that Act is amended--
(A) in the fourth sentence, by striking ``or to
organizations financed or controlled by the Government
of South Africa''; and
(B) by adding at the end the following new
sentences: ``A nongovernmental organization financed or
controlled by the Government of South Africa that meets
the criteria specified in this subparagraph may receive
assistance under this paragraph only if the President
determines that (i) the activities of that organization
further the purposes of the establishment of a non-
racial democratic state in South Africa, (ii) the
provision of assistance to that organization will
further the objective of this paragraph to assist
disadvantaged South Africans, and (iii) the Government
of South Africa is continuing to make progress toward
dismantling apartheid and establishing a nonracial
democracy. Before making such determinations, the
President shall consult with the appropriate
congressional committees and with South African
organizations that are representative of the majority
population of South Africa and should seek a commitment
from the Government of South Africa that it will
provide additional resources to meet the needs of
disadvantaged South Africans. As used in the preceding
sentence, the term `appropriate congressional
committees' means the Committee on Foreign Affairs and
the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate.''.
(2) Assistance under section 117.--Section 117 of that Act
(as added by section 201(b) of the Comprehensive Anti-Apartheid
Act of 1986) is amended by adding at the end the following:
``In addition, a nongovernmental organization that meets the
criteria specified in the first 2 sentences of this section but
receives funds from the Government of South Africa may receive
assistance under this section if the President determines that
such organization meets the requirements of the 5th sentence of
section 116(e)(2)(B), and such determination is made in
accordance with the 6th sentence of such section.''.
SEC. 1306. SUDAN.
(a) Statement of the Congress.--The Congress--
(1) strongly condemns the Government of Sudan for its
severe human rights abuses and calls upon that government to
improve human rights conditions throughout the country;
(2) deplores the internecine fighting among the factions of
the Sudanese People's Liberation Army;
(3) urges the Government of Sudan and the factions of the
Sudanese People's Liberation Army to provide full access for
and to cooperate with relief organizations;
(4) encourages the Government of Sudan to lift the press
ban which was imposed after it took power in June 1989; and
(5) calls on the Government of Sudan to establish a
democratic system.
(b) Restrictions on Assistance.--Except as provided in subsection
(c), assistance may not be provided for Sudan for fiscal year 1994--
(1) under chapter 1 or chapter 10 of part I of the Foreign
Assistance Act of 1961 (relating to development assistance and
the Development Fund for Africa),
(2) under chapter 4 of part II of that Act (relating to the
economic support fund),
(3) under chapter 5 of part II of that Act (relating to
international military education and training), or
(4) from the ``Foreign Military Financing Program'' account
under section 23 of the Arms Export Control Act.
(c) Waiver of Restrictions.--
(1) Authorization.--The President may waive the
prohibitions in subsection (b) if the President determines, and
reports in accordance with paragraph (2), that there is
substantial progress in southern Sudan toward respecting human
rights, resolving the conflict in that region, establishing a
democratically elected government, and establishing a reformed
and independent judiciary system.
(2) Congressional review of determination.--A determination
under paragraph (1) shall not become effective until 15 days
after it is reported to the congressional committees specified
in section 634A(a) of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
SEC. 1307. ZAIRE.
(a) Statement of the Congress.--The Congress--
(1) strongly condemns the disruptive measures taken by
President Mobutu in recent months, and holds President Mobutu
responsible for the current political crisis in Zaire;
(2) stresses the importance of a successful transition to
democracy in Zaire;
(3) urges the President of the United States to pressure
President Mobutu to leave Zaire so that the legitimate
transitional government can proceed with the process of
democratization as mandated by the Sovereign National
Conference;
(4) urges the President of the United States to impose, in
conjunction with our allies, a variety of sanctions on
President Mobutu, including--
(A) freezing the bank accounts of President Mobutu,
his family and associates;
(B) denying visas to President Mobutu, his family
and associates; and
(C) expelling Mobutu's ambassador;
(5) congratulates the people of Zaire for their courageous
support of democracy in the face of powerful opposition; and
(6) expresses its readiness to explore further ways of
providing support for democracy and political pluralism in
Zaire.
(b) Restrictions on Assistance.--
(1) Security assistance.--Except as provided in subsection
(c), assistance may not be provided for Zaire for fiscal year
1994--
(A) under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the economic
support fund),
(B) under chapter 5 of part II of that Act
(relating to international military education and
training), or
(C) from the ``Foreign Military Financing Program''
account under section 23 of the Arms Export Control
Act.
(2) Development assistance.--Except as provided in
subsection (c), assistance under chapter 1 or chapter 10 of
part I of the Foreign Assistance Act of 1961 (relating to
development assistance and the Development Fund for Africa) for
fiscal year 1994 shall not be transferred to the Government of
Zaire. This paragraph does not prohibit nongovernmental
organizations from working with appropriate ministries or
departments of the Government of Zaire.
(c) Waiver When the Democratic Process is Restored.--
(1) Authorization.--The President may waive the
prohibitions in subsection (b) if the President determines, and
reports in accordance with paragraph (2), that democracy has
been restored in Zaire, that President Mobutu is no longer a
threat to the elected government, and that the elected
government is committed to bringing about freedom of expression
for the people of Zaire, a reformed and independent judiciary,
and reform of, and applications of the rule of law to, Zaire
security forces.
(2) Congressional review of determination.--A determination
under paragraph (1) shall not become effective until 15 days
after it is reported to the congressional committees specified
in section 634A(a) of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
SEC. 1308. AFGHANISTAN HUMANITARIAN ASSISTANCE.
(a) Authorization.--Funds described in subsection (c) may be made
available for the provision of food, medicine, or other humanitarian
assistance to the Afghan people notwithstanding any other provision of
law.
(b) Assistance for Afghan Women and Girls.--In carrying out this
section, the Administrator of the agency primarily responsible for
carrying out part I of the Foreign Assistance Act of 1961 shall ensure
that an equitable portion of the funds is made available to benefit
Afghan women and girls, particularly in programs in refugee camps in
Pakistan and in reconstruction projects in Afghanistan.
(c) Funding.--Up to $20,000,000 of the aggregate amount of funds
made available for fiscal year 1994 to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961 (relating to development assistance)
and chapter 4 of part II (relating to the economic support fund) may be
used pursuant to this section.
SEC. 1309. MULTILATERAL ASSISTANCE INITIATIVE FOR THE PHILIPPINES.
Part I of the Foreign Assistance Act of 1961 is amended by
inserting after chapter 3 the following:
``Chapter 4--Multilateral Assistance Initiative for the Philippines
``SEC. 401. AUTHORIZATION OF ASSISTANCE.
``(a) Authorization.--The President is authorized to provide
economic assistance for the Phillipines under the `Multilateral
Assistance Initiative' account. Such assistance shall be provided on
such terms and conditions as the President may determine.
``(b) Authorization for Extended Period of Availability.--Amounts
appropriated to carry out this chapter are authorized to remain
available until expended.''.
SEC. 1310. ASSISTANCE FOR EASTERN EUROPE AND THE BALTICS.
(a) Economic Assistance.--Section 3 of the Support for East
European Democracy (SEED) Act of 1989 is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Inapplicability of Restrictions and Requirements.--Assistance
provided for an East European country under this Act or under part I of
the Foreign Assistance Act of 1961 may be provided notwithstanding any
other provision of law, other than section 634A(a) of that Act. Section
634A(a) of that Act shall also apply to funds made available to carry
out this Act.
``(d) Authorization for Extended Period of Availability.--Amounts
appropriated for economic assistance for East European countries and
the Baltic states under this Act or the Foreign Assistance Act of 1961
are authorized to remain available until expended.''.
(b) Assistance for Victims of War Crimes in the Former
Yugoslavia.--Assistance provided under section 491 of the Foreign
Assistance Act of 1961 (relating to international disaster assistance)
and assistance provided under the Migration and Refugee Assistance of
1962 may include assistance for the victims of torture, rape, and other
war crimes in the former Yugoslavia and for the families of such
victims, especially children, with a particular focus on victims of the
war in Bosnia-Herzegovina. Such assistance may include activities such
as--
(1) the provision of medical, psychological, and
psychiatric care and crisis counseling for victims of war
crimes stemming from the conflict in the former Yugoslavia,
whether provided in the United States or abroad;
(2) the training of individuals in the former Yugoslavia,
including individuals who have been the victims of torture and
individuals of the Moslem faith, to provide medical,
psychological, and psychiatric care and crisis counseling; and
(3) the procurement of necessary medical and training
supplies.
(c) Correction of Reference.--Subsection (e) of section 3 of the
Support for East European Democracy (SEED) Act of 1989, as so
redesignated by subsection (a) of this section, is amended--
(1) by striking ``and Slovak Federal''; and
(2) by inserting ``the Slovak Republic,'' after
``Romania,''.
SEC. 1311. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.
(a) Prohibition of Assistance to Independent States That Transfer
Certain Conventional Weapons to Iran.--Section 498A(b)(3) of the
Foreign Assistance Act of 1961 is amended--
(1) in the text preceding subparagraph (A), by striking
``to another country'';
(2) in subparagraph (A)--
(A) by inserting ``to another country'' after
``missiles or missile technology''; and
(B) by striking ``or'' at the end of such
subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``to another country'' after ``any
material, equipment, or technology''; and
(B) by striking ``of such weapon;'' and inserting
``of such weapon; or''; and
(4) by adding at the end the following new subparagraph:
``(C) sophisticated or destabilizing conventional
weapons to Iran.''.
(b) Waiver Authority.--Section 498B(j)(1) of that Act is amended--
(1) by inserting ``or 1994'' after ``1993'' both places it
appears; and
(2) by striking ``by this chapter'' and inserting ``to
carry out this chapter''.
(c) Assistance in Exchange for Commodities.--Section 498B of that
Act is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Assistance in Exchange for Commodities.--The President is
authorized to provide assistance under this chapter in exchange for
materials or commodities, including any strategic material and any
commodity the international supply of which is in such excess as to
jeopardize United States production of such commodity.''.
(d) Improving Monitoring of Economic Performance in the Independent
States.--Section 498B of that Act is further amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k), as added by the
subsection (c) of this section, the following new subsection:
``(l) Improving Monitoring of Economic Performance in the
Independent States.--Assistance under section 498 shall include
training and other technical assistance to develop capabilities to
monitor economic performance in the independent states of the former
Soviet Union through the collection, analysis, and dissemination of
economic statistical data.''.
SEC. 1312. ASSISTANCE FOR MONGOLIA.
The President is authorized to use funds made available to carry
out chapter 11 of part I of the Foreign Assistance Act of 1961
(relating to assistance for the independent states of the former Soviet
Union) to provide assistance for Mongolia under the same authorities,
restrictions, and other provisions that are applicable to assistance
under that chapter for independent states of the former Soviet Union.
SEC. 1313. TERMINATION OF IMET PROGRAM FOR MALTA.
Funds made available for fiscal year 1994 to carry out chapter 5 of
part II of the Foreign Assistance Act of 1961 (relating to the
international military education and training program) may not be
obligated for Malta.
SEC. 1314. ADMINISTRATION OF JUSTICE AND OTHER LAW ENFORCEMENT
ASSISTANCE PROGRAMS FOR LATIN AMERICA AND THE CARIBBEAN.
(a) Extension of Program Authority.--Section 534 of the Foreign
Assistance Act of 1961 is amended by striking the last sentence of
subsection (e) and by inserting after subsection (e) the following:
``(f) The authority of this section shall expire on September 30,
1994.''.
(b) Elimination of Program Ceilings.--Section 534 of that Act is
amended--
(1) by repealing the second sentence of subsection (e); and
(2) by amending subsection (c) to read as follows:
``(c) Authority To Use ESF Funds.--Funds made available to carry
out this chapter may be used to provide assistance under this
section.''.
(c) Protection of Participants in Judicial Cases.--Section
534(b)(3) of that Act is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) programs to enhance protection of
participants in judicial cases;''.
(d) Special Authorities for Certain Countries.--Funds made
available for fiscal year 1994 to carry out section 534 of that Act may
be used, notwithstanding section 660 of that Act, to provide assistance
as follows:
(1) Panama.--Up to $10,000,000 may be made available for
Panama for the following:
(A) Technical assistance, training, and commodities
with the objective of creating a professional civilian
police force, except that assistance under this
subparagraph--
(i) shall not include more than $5,000,000
for the procurement of equipment for law
enforcement purposes, and
(ii) shall not include lethal equipment.
(B) Programs to improve penal institutions and the
rehabilitation of offenders, which may include programs
that are not conducted through multilateral or regional
institutions.
(2) El salvador.--Funds allocated for El Salvador may be
used for law enforcement assistance in a manner consistent with
the Salvadoran Peace Accords.
(e) Nicaragua.--For fiscal year 1994, section 660 of the Foreign
Assistance Act of 1961 shall not apply with respect to assistance for
Nicaragua.
SEC. 1315. WAIVER OF BROOKE AMENDMENT FOR NICARAGUA.
Section 620(q) of the Foreign Assistance Act of 1961 and the
corresponding section of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1994, shall not apply to funds
made available for fiscal year 1994 for any assistance for Nicaragua
under the Foreign Assistance Act of 1961 or the Arms Export Control
Act.
SEC. 1316. SPECIAL NOTIFICATION REQUIREMENTS FOR GUATEMALA AND PERU.
Funds made available for fiscal year 1994 to carry out the Foreign
Assistance Act of 1961 or for the ``Foreign Military Financing
Program'' account under section 23 of the Arms Export Control Act may
not be obligated for assistance for Guatemala or Peru unless the
congressional committees specified in section 634A(a) of the Foreign
Assistance Act of 1961 are notified at least 15 days in advance in
accordance with the reprogramming procedures applicable under that
section.
SEC. 1317. ASSISTANCE FOR THE MIDDLE EAST.
(a) Israel.--
(1) Economic support fund.--Of the amounts made available
for fiscal year 1994 for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than
$1,200,000,000 shall be available only for Israel.
(2) Foreign military financing.--(A) Of the amounts made
available for fiscal year 1994 for assistance under the
``Foreign Military Financing Program'' account under section 23
of the Arms Export Control Act, not less than $1,800,000,000
shall be available only for Israel.
(B) To the extent that the Government of Israel requests
that funds be used for such purposes, funds made available for
Israel pursuant to this paragraph shall, as agreed by Israel
and the United States, be available for advanced fighter
aircraft programs or for other advanced weapons systems, as
follows:
(i) Up to $150,000,000 shall be available for
research and development in the United States.
(ii) Not less than $475,000,000 shall be available
for the procurement in Israel of defense articles and
defense services, including research and development.
(3) Early disbursement.--The assistance provided for Israel
pursuant to paragraphs (1) and (2) shall be disbursed within 30
days after the date of enactment of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1994, or by October 31, 1993, whichever is later.
(b) Egypt.--
(1) Economic support fund.--Of the amounts made available
for fiscal year 1994 for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than
$815,000,000 shall be available only for Egypt.
(2) Foreign military financing.--Of the amounts made
available for fiscal year 1994 for assistance under the
``Foreign Military Financing Program'' account under section 23
of the Arms Export Control Act, not less than $1,300,000,000
shall be available only for Egypt.
(c) Cooperative Development Projects.--Of the amounts made
available for fiscal year 1994 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic support fund),
not less than $10,000,000 shall be available only for cooperative
projects among the United States, Israel, and developing countries,
including projects under the Cooperative Development Program,
cooperative development research projects, and cooperative projects
among the United States and Israel and the countries of Eastern Europe,
the Baltic states, and the independent states of the former Soviet
Union.
(d) Middle East Regional Cooperative Programs.--Of the amounts made
available for fiscal year 1994 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic support fund),
not less than $7,000,000 shall be available only for Middle East
regional cooperative programs carried out in accordance with section
202(c) of the International Security and Development Cooperation Act of
1985.
SEC. 1318. MILITARY DRAWDOWN FOR ISRAEL.
Section 599B(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991, is amended by inserting
``and fiscal year 1994'' after ``fiscal year 1993''.
TITLE XIV--PROVISIONS RELATING TO ARMS TRANSFERS
SEC. 1401. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES AND
SERVICES.
(a) Costing Basis.--Section 22 of the Arms Export Control Act is
amended by adding at the end the following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid from funds made available on a
nonrepayable basis shall be priced on the same costing basis with
regard to profit, overhead, independent research and development, bid
and proposal, and other costing elements, as is applicable to
procurements of like items purchased by the Department of Defense for
its own use.''.
(b) Effective Date and Implementing Regulations.--The amendment
made by subsection (a)--
(1) shall be effective as of the 60th day following the
date of the enactment of this section;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effective
date.
SEC. 1402. INCREASE IN AGGREGATE CEILING ON TRANSFERS OF EXCESS DEFENSE
ARTICLES.
Effective October 1, 1993, section 31(d) of the Arms Export Control
Act is amended by striking ``$250,000,000'' and inserting
``$375,000,000''.
SEC. 1403. ELIGIBILITY OF EAST EUROPEAN COUNTRIES TO RECEIVE NONLETHAL
EXCESS DEFENSE ARTICLES.
(a) In General.--Section 519(a) of the Foreign Assistance Act of
1961 is amended by inserting ``or to any East European country (as
defined in section 3 of the Support for East European Democracy (SEED)
Act of 1989) other than an East European country that is prohibited
from receiving assistance under that Act,'' after ``in which the
transfer is authorized''.
(b) Conforming Amendment.--Section 906(a) of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act of 1992
is amended--
(1) by striking paragraph (2);
(2) by striking ``eligible--'' through ``(1) to purchase''
and inserting ``eligible to purchase'';
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(4) by striking ``; and'' at the end of paragraph (1), as
so redesignated, and inserting a period.
SEC. 1404. EXCEPTION TO PAYMENT OF FULL COST FOR SALES OF DEFENSE
TRAINING SERVICES TO CERTAIN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
Section 21(a) of the Arms Export Control Act is amended--
(1) in paragraph (1)(C)--
(A) by inserting ``(i)'' after ``sold to'',
(B) by inserting ``or (ii) to a purchaser described
in paragraph (3)'' after ``Act of 1961'', and
(C) by striking ``such assistance'' and inserting
``such training''; and
(2) by adding after paragraph (2) the following:
``(3) Clause (ii) of paragraph (1)(C) applies in the case of a
purchaser of training under this section if the President notifies the
Committee on Appropriations, the Committee on Armed Services, and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations, the Committee on Armed Services, and the Committee on
Foreign Affairs of the House of Representatives, in accordance with the
regular notification procedures of those committees, at least 15 days
before issuing a letter of offer to sell such training. Such
notification shall include a description of any reciprocal benefits
that the United States Government will receive in exchange for the sale
of such training on less than a full cost basis.''.
SEC. 1405. ELIGIBILITY OF MAJOR NON-NATO ALLIES TO RECEIVE CERTAIN
CONTRACT SERVICES IN CONNECTION WITH SALES OF DEFENSE
ARTICLES AND SERVICES.
(a) Authorization.--Section 21(h) of the Arms Export Control Act is
amended--
(1) in paragraph (1)(A), by inserting ``or which is a major
non-NATO ally'' after ``Treaty Organization'';
(2) in paragraph (2), by striking ``if that Organization or
member government'' and inserting ``or to any major non-NATO
ally, if that Organization, member government, or major non-
NATO ally''; and
(3) by adding at the end the following new paragraph:
``(3) As used in this subsection, the term `major non-NATO ally'
has the meaning given such term in section 2350a(i)(3) of title 10,
United States Code.''.
(b) Effective Date.--Notwithstanding section 21(h)(1) of that Act,
the amendment made by subsection (a)(1) applies with respect to
contracts and subcontracts entered into after the date of enactment of
this Act.
SEC. 1406. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 is amended
by adding at the end the following: ``Except as provided in the last
two sentences of this paragraph, the value of such additions to
stockpiles in foreign countries in fiscal year 1994 shall not exceed
$72,000,000, which shall be for stockpiles in the Republic of Korea. In
addition, to the extent that the authority of the first sentence of
this paragraph has not been exercised with respect to Israel in fiscal
year 1993, that authority may be exercised during fiscal year 1994
except that the aggregate value of such additions for Israel in both
such fiscal years may not exceed $200,000,000. Defense articles having
an aggregate value of not to exceed $20,000,000 may be added to
stockpiles in Thailand in fiscal years 1993 and 1994.''.
TITLE XV--OTHER FOREIGN ASSISTANCE PROVISIONS
SEC. 1501. INTEREST ACCRUING TO NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 is amended by inserting after section 617 the following:
``SEC. 618. INTEREST ACCRUING TO NONGOVERNMENTAL ORGANIZATIONS.
``A nongovernmental organization may place in an interest bearing
account--
``(1) funds made available on a grant basis under part I of
this Act or under the Support for East European Democracy
(SEED) Act of 1989; and
``(2) local currencies which accrue to that organization as
a result of grant assistance provided under part I of this Act
or assistance under titles I through III of the Agricultural
Trade Development and Assistance Act of 1954, section 416(b) of
the Agricultural Act of 1949, or the Food for Progress Act of
1985.
Any interest so earned may be retained by the nongovernmental
organization and used for the purpose for which the assistance was
provided to that organization.''.
(b) Effective Date.--The amendment made by this section applies to
both interest earned before and interest earned after the date of
enactment of this Act.
SEC. 1502. PRIVATE SECTOR REVOLVING FUND.
Section 108 of the Foreign Assistance Act of 1961 is amended by
adding at the end the following:
``(j) Termination of Authority.--After the date of enactment of
this subsection, loans may not be made, loan guarantees may not be
issued, previously issued guarantees may not be renewed or otherwise
extended, and assistance may not otherwise be provided under the
authority of this section.''.
SEC. 1503. DEVELOPMENT ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.
Chapter 1 of part III of the Foreign Assistance Act of 1961 is
amended by inserting before section 620 the following:
``SEC. 619. ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.
``(a) Development Assistance.--Restrictions contained in this or
any other Act with respect to assistance for a country shall not
restrict assistance in support of programs of nongovernmental
organizations that is provided under chapter 1 or chapter 10 of part I
of this Act. The President shall take into consideration, in any case
in which a restriction on assistance would be applicable but for this
section, whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States.
``(b) Notice to Congress.--Before using the authority of this
section to furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the congressional committees
specified in section 634A(a) of this Act in accordance with the
procedures applicable to reprogramming notifications under that
section. Such notice shall include a description of the program to be
assisted, the assistance to be provided, and the reasons for furnishing
such assistance.
``(c) Exceptions.--This section shall not apply with respect to--
``(1) section 620A of this Act or any comparable provision
of law prohibiting assistance to countries that support
international terrorism; or
``(2) section 116 of this Act or any comparable provision
of law prohibiting assistance to countries that violate
internationally recognized human rights.
``(d) Abortion and Involuntary Sterilization Prohibitions.--Nothing
in this section alters any statutory prohibition against funding for
abortion or involuntary sterilizations.''.
SEC. 1504. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON JOBS IN THE UNITED
STATES.
Funds authorized to be appropriated by this Act for foreign
assistance programs for fiscal year 1994 may not be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
located in the United States for the purpose of inducing that
enterprise to relocate outside the United States if such
incentive or inducement is likely to reduce the number of
individuals employed in the United States by that enterprise
because that enterprise would replace production in the United
States with production outside the United States;
(2) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(3) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights
(as defined in section 502(a)(4) of the Trade Act of 1974) of
workers in the recipient country, including in any designated
zone or area in that country.
In recognition that the application of paragraph (3) should be
commensurate with the level of development of the recipient country and
sector, that paragraph does not preclude assistance for the informal
sector in such country, for microenterprises and small-scale
enterprises, or for smallholder agriculture.
SEC. 1505. CAPITAL PROJECTS.
Part III of the Foreign Assistance Act of 1961 is amended by
inserting after section 661 the following:
``SEC. 662. CAPITAL PROJECTS.
``(a) Establishment of Pilot Program.--The Director of the Trade
and Development Agency shall establish a capital projects pilot program
to carry out the purpose described in subsection (b).
``(b) Purpose of Program.--The purpose referred to in subsection
(a) is to develop a program administered by TDA that would focus solely
on developmentally sound capital projects in developing countries and
in countries making the transition from a nonmarket to a market
economy, taking into consideration the development needs of the host
country and the export opportunities for the United States.
``(c) Activities.--The Director, in coordination with the
appropriate other members of the Trade Promotion Coordination
Committee--
``(1) shall support capital projects in developing
countries and in countries making the transition from a
nonmarket to a market economy; and
``(2) shall periodically review infrastructure needs in
these countries and shall explore opportunities for United
States firms in the development of new capital projects in
these countries, keeping both United States firms and the
Congress informed of these reviews.
``(d) Guarantee Authority.--In addition to making grants to carry
out this section, the Director is authorized to issue guarantees to
eligible investors (as defined in section 238(c)) assuring against
losses incurred in connection with loans obtained by such investors to
finance their participation in capital projects described in subsection
(b). A fee shall be charged for each such guarantee issued in an amount
to be determined by the Director.
``(e) Procurement From the United States.--Guarantees and other
financial support provided for capital projects under this section
shall be provided for procurement of goods and services from the United
States to the maximum extent possible, consistent with the guidelines
of the Organization for Economic Cooperation and Development.
``(f) Projects To Be Developmentally Sound.--The Director, in
coordination with the appropriate other members of the Trade Promotion
Coordination Committee shall ensure that each capital project for which
TDA provides financial support is developmentally sound, as determined
under the criteria developed by the Development Assistance Committee of
the Organization for Economic Cooperation and Development.
``(g) Coordination.--The President shall utilize the existing
interagency coordinating mechanism to coordinate activities under this
section with other relevant activities of the United States Government.
``(h) Nonapplicability of Other Provisions.--Any funds used for
purposes of this section may be used notwithstanding any other
provision of law.
``(i) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Director shall submit to the Congress a
report describing--
``(1) the extent to which United States Government
resources have been expended specifically to support the
capitol projects described in subsection (b);
``(2) the extent to which the activities of the United
States Government have been coordinated pursuant to subsection
(g); and
``(3) the feasibility of establishing a permanent program
modeled on the pilot program establishment pursuant to this
section.
``(j) Funding.--
``(1) In general.--Notwithstanding the percentage
limitations in section 610(a), the President shall transfer
$300,000,000 of funds specified in paragraph (2) to TDA for use
in carrying out this section, including the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of
guarantees issued under subsection (d).
``(2) Source of funds.--The funds specified in this
paragraph are--
``(A) funds made available for fiscal year 1994 for
assistance under chapter 4 of part II of this Act
(relating to the economic support fund), excluding
funds made available pursuant to subsections (a)(1),
(c), and (d) of section 1317 of the Foreign Assistance
Authorization Act of 1993;
``(B) funds made available for fiscal year 1994 for
assistance under chapter 11 of part I of this Act
(relating to assistance for the independent states of
the former Soviet Union); and
``(C) funds made available for fiscal year 1994 for
assistance under the Support for East European
Democracy (SEED) Act of 1989.
``(3) Funds to be used to support capital projects in
countries for which original funding was provided.--(A) Any
funds described in paragraph (2)(A) that are earmarked by the
Congress for a specific country and that are transferred
pursuant to paragraph (1) shall be used to support capital
projects in that country.
``(B) Any funds described in paragraph (2)(B) that are
transferred pursuant to paragraph (1) shall be used to support
capital projects in countries eligible for assistance under
chapter 11 of part I of this Act.
``(C) Any funds described in paragraph (2)(C) that are
transferred pursuant to paragraph (1) shall be used to support
capital projects in countries eligible for assistance under the
Support for East European Democracy (SEED) Act of 1989.
``(k) Definitions.--As used in this section--
``(1) the term `capital projects' means a project involving
the construction, expansion, alteration of, or the acquisition
of equipment for, a physical facility or physical
infrastructure, including related engineering design (concept
and detail) and other services, the procurement of equipment
(including any related services), and feasibility studies or
similar engineering and economic services;
``(2) the term `Director' means the Director of TDA; and
``(3) the term `TDA' means the Trade and Development
Agency.''.
SEC. 1506. MICROENTERPRISE DEVELOPMENT.
Chapter 2 of part I of the Foreign Assistance Act of 1961 is
amended by adding after title V the following:
``title vi--microenterprise development
``SEC. 251. MICROENTERPRISE DEVELOPMENT.
``(a) Centrally-Managed Fund.--
``(1) Establishment and management.--The administrator of
the agency primarily responsible for administering this part
shall establish within the agency a centrally-managed fund to
be known as the Microenterprise Development Fund (hereinafter
in this section referred to as the `Fund'). The Fund shall be
managed by the office in that agency that has primary
responsibility for working with private and voluntary
organizations.
``(2) Disbursements through the fund.--All funds made
available to carry out part I of this Act that are used to
promote microenterprise development shall be disbursed through
the Fund.
``(b) Activities To Be Supported.--The Fund shall be used to
support--
``(1) the institutional development of the entities
described in subsection (c);
``(2) the provision of microenterprise credit through the
entities described in subsection (c); and
``(3) research on microenterprise development and
evaluation of microenterprise activities funded under this
section.
``(c) Intermediary Organizations.--Funds disbursed through the Fund
shall be primarily channeled through--
``(1) United States and indigenous private and voluntary
organizations,
``(2) United States and indigenous credit union
organizations, and
``(3) other indigenous governmental and nongovernmental
organizations,
that have demonstrated a capacity to develop sustainable
microenterprise service institutions.
``(d) Allocation of Funds.--
``(1) Microenterprise credit.--(A) Of amounts disbursed
through the Fund each fiscal year pursuant to subsection
(b)(2), at least 50 percent shall be used for poverty lending.
As used in this paragraph, the term `poverty lending' means a
loan of $300 or less or, in the case of an initial loan, of
$150 or less.
``(B) The administrator of the agency primarily responsible
for administering this part shall seek to ensure that not less
than 60 percent of the borrowers of funds disbursed through the
Fund pursuant to subsection (b)(2) are women.
``(2) Research and evaluation.--Not more than 5 percent of
funds disbursed through the Fund each fiscal year may be used
for research and evaluation activities under subsection
(b)(3).''.
SEC. 1507. REPORT ON AID'S IMPLEMENTATION OF AGENDA 21 PRINCIPLES.
Not later than 2 years after the date of enactment of this Act, the
administrator of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 shall submit to the
Congress a report on the incorporation of the Agenda 21 principles of
the United Nations Conference on Environment and Development into the
foreign assistance activities administered by that agency.
SEC. 1508. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE UNDER
INTERNATIONAL DISASTER ASSISTANCE.
Section 491(b) of the Foreign Assistance Act of 1961 is amended by
striking ``disaster relief and rehabilitation'' and inserting
``disaster relief, rehabilitation, and reconstruction''.
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